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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.
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
cause and beginning of all the wars deeming nothing more convenient then to vindicate the slaughter of his Uncle and to defend his Acts. Which after he had happily effected perceiving as Tacitus Vt pacis interesset omnium potestatem ad unum conferri Ann. 1. That it appertained to peace to have the power of all conferred on one under the name of a Prince took upon him the Empire Distractions in a State being dolores 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pains and pangs of one labouring for delivery and in the end bringing forth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one and a great one Such an one was Caesar Qui continuo seditiones intistinas compressit Patric de Princ. l. 1. t. 13. pacem non modò urbi sed etiam Italiae universo terrarum orbi praebuit Who presently suppressed intestine seditions and did make and give peace not onely to the City and Italy but to all the world Such a one was Augustus Qui as Florus sapientiâ suâ solertiâ perculsum undique perturbatum ornavit Imperii corpus Flo. l. 4 c. 4 quod haud dubio ita coire consentire non potuisset nisi unius praesidis nutu quaesi anima menteque regeretur who by his wisedome and care reduced into order the confused and disjoynted body of the Empire which without doubt could never have consented and come together unlesse it had been by the will and prudence of one president as by one soul and minde And such an one is our Prince a Caesar for valour Augustus for fortune and for prowesse and prudence second to neither whose noble acts are engraven in the late perillous and epidemical wars spread over the Territories of three Nations wherein he was constantly a principal Actor and a perpetual Victor Hostis ubique semper Victor By whose valourous vertue England was quieted Ireland settled De Iure Reg. apud Scotes and Scotland subdued and brought under subjection which from two thousand years before as Buchanan brags was liberum regnum ab externarum Gentium Imperio A Kingdome free from the dominion of Forrein Nations And as Edward the first was called Malleus Scotorum the Mauler of the Scots so may Oliver the first be stiled Scotorum Domitor The Conqueror of the Scots But after the fury of the war was allayed by his invincible vertue all discords ceased as after a tempestuous storm the winds become calm and pleasant Though not long after many insolencies and corruptions began to reign in the Senate ayming at an arbitrary perpetuity to act what it pleased and proposing to themselves private respects before the peoples profit which was the just cause of its dissolution And afterwards that an hopeful Assembly was convocated constituted wherein contrary to the expectation of the best more pernicious absurdities and dangerous errours did sprout up to the depravation of the true Religion and subversion of the Civil Government which worthily wrought its dissipation and assignment All which are more exactly and amply deciphered in that judicious Tractate intitled The Case of the Cowmonweale stated as now it standeth by a Protector Then the generous and ingenuous spirit of our General instigated by the importunity of necessity and at the entreaty of divers persons of honour and quality and chief Officers of the Army with the approbation of the chief Magistrates of this Commonweale and divers other Gentlemen Citizens and persons of worth under the name of a Protector did take upon him the Government as well for the prosperity and tranquillity of the turbulent and distempered State as also for the safety and dignity of his own person being enviously undermined by some ambitious persons as Caesar was by Pompey and Augustus by Antony Cook Rep. D was C se Foelix necessitas quae ad meliora conducit Happy is the necessity which produceth better things And happy those who studious of the publique good are sheltered under his protection by whose providence are received more commodious and blessed things Insomuch as what was was said of Augustus upon the like occasion may aptly be applied to his present condition Nunquam pacis facultas tantaque omnium copia affluxit Patric de princ l. 1. c. 13. quantum suppeditavit ille postquam Imperii habenas accepit Never so much freedome of peace and plenty of all things did abound as he hath given and ministred since he took upon him the reines of the Empire Our swords fat with slaughters and our lands lean with plunderings are turned into profitable siths and fertile plowshares peace is within our gates and plenteousnesse within our palaces every one sitting under his own Vine and Figtree without fear or dread of any Enemy Vt non solum as Tully in the same sense ii quibus natura sensum dedit sed etiam tecta agri mihi laetari videantur As not onely creatures to whom nature hath given sense but the houses and fields also seem to rejoyce And which exceeded the expectation of the Sagest hath his Highnesse through the divine assistance and humane providence quelled the high and mighty Masters of the Seas and by his magnanimous * Blake Monk and Pen. Vantrump quasi d●as Maris Argonautes calmed the fury of the maritine raging * Belgian Tritons who maugre the mountainous waves and tempestuous winds Augustus invito Neptuno dixit se victoriam adepturum Tranq invito Neptuno engaged themselves to gain the Victory the which at the last after many horrid and dismal conflicts was obtained and the confident Assailants compelled to lore their resolutions and stoop to their antient homage and fealty submitting themselves to glorious laudable conditions of peace for which noble famous act he meriteth to be stiled Imperator Oceani as Queen Elizabeth was Regina Oceani Canba vit Eliz. By whose example and fame of his vertue divers Forrein Potentates auditu modo cogniti known unto him onely by report have been invited to seek his amity Whose prudence in his courteous comport and equal transactions of peace may seem to parallel if not transcend his skilful stratagems in war Tam belli pacisque artibus longè clarissimus Turselinus as it was said of the Emperor Probus for which his fame will live Tiber. Vivit dum robora tellus Dum coelum stellas dum vehit amnis aquas As long as the Sun Moon and Earth endureth and which are able to wrest Elogies out of reluctant and refractory spirits Yet such is the condition of Principality that it is commonly accompanied with hatred and envy Senec. in Thyest Ista mundi conditor posuit simul Odium atque regnum And our pious Aeneas wants no malignant and envious conspirators but this is no wonder or terror to his undaunted and invincible minde well knowing rancour to be the prosecutor of honour Hercules after his unparalleld labours Horat. s 2. Ep. 1. Comperit invidiam supremo