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A07224 Reasons monarchie. Set forth by Robert Mason of Lincolnes Inne Gent Mason, Robert, 1571-1635. 1602 (1602) STC 17621; ESTC S101429 39,949 156

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necke to the intent if his law were for the vnworthinesse thereof reiected hee should presently be strangled Such consideration must be takē of the law saith Isiodore that we must not iudge of it but according to it nor saith Cliton the people must not hearken so much to the orator or aduocates of the law as to the truth of the law it selfe Pausanias Reason wherfore the lawes among the Lacedemonians ought not to be altred was for that the lawes ought to bee rulers ouer men and not men maisters ouer the law If Mercurius Tresmegistes tooke great paines and labor to compose lawes for the ordering gouerning of the Egiptians Phoroneus among the Greetians Solon among the Athenians Lycurgus among the Sithians Numa Pompilus among the Romans Pharomond among the Frenchmen Charles the great amōg the Almans Iulius Caesar and others among the English that were as lightes to their feuerall gouernments wherby their subiects might liue in obedience to the state and haue Iustice ministred distributed among them according to their equall rights which to their immortall honor haue continued in those countries for the reasonable guiding of the people what do the infringers violaters corrupters or contempners of those lawes whereof there are many deserue Ignorance ignorantly is holden to be the Mother of Deuotion which opinion hath bred a wonderful confusion in the world for if it bee the Mother and Deuotion the childe they know not one another and for want of knowledge must needs erre Concerning thēselues Partus sequiturventrem the Danghter followeth the Mother Ignorance hath no acquaintance much lesse alliance with Reason and therefore cannot apprehend nor embrace things grounded on Reason Ignorance is the opposed enemy of Reason and leadeth to all outragious and vnlawful attempts Blind Deuotion her Daughter inciteth and stirreth vp the minds of men to sensualitie selfe-will rashnes intemperance foole-hardinesse stubbornnes contempt and the vtter subuersion of the lawes ordinances and directions that Reason hath prouided This Ignorance and her brood hath spred abroad many seditious and slāderous reproches of indignitie insufficiencie and grosse defects to bee in the Lawes whereby this countrie wherein we liue is gouerned And this Ignorant and foule error hath dispersed it selfe into many quarters and gotten strong hold in the world To set downe the particular errors in that behalfe and to answer them fully woulde require a great volume woorth the writing and woorthy the reading wherein I will not now insist The like may I say of the continuall and daily euasions and slidings from the true tuch and period whervnto the practise and execution of the Lawe should tend Which fault in the abusiue practisers of the lawe hath beene a great cause that the burthen of that reproach although vntruely is layd so heauy vpon the lawe it selfe I may not giue way to the scope of this Discourse at large And therfore to satisfie the ignorant hereof in some measure I send him to behold and view these speciall poyntes concerning the course of gouernement established and set downe by reason and law The Maister of a house ordereth his housholde agreeing with the conditions thereof as the Babe newely borne is nourished with the mothers milke the elder children at schoole to learne rudiments how to be disposed at riper age those grown to mans state are employed in other busines the seruaunts labour for all and the maister careth and prouideth for all The apprentice is bound for yeares which hee must serue out before hee can haue his freedome The Schoole maister hath ordinaunces not to be broken and hee dealeth with those whome hee teacheth according to their capacities first he teacheth letters then sillables then wordes and after languages and the congruitie of them and after the knowledge of the tongues he teacheth Artes and thus by degrees proceedeth in a reasonable and a temperate manner to the furnishing of that which belongeth to his place The Vniuersities haue lawes and ordinances to approoue trie and examine the woorthinesse sufficiencie and honesty of those whom they intend to grace with Titles or Dignities of learning as the seuerall professions whereunto they bend themselues leade out of which proceede our reuerend Diuines learned Ciuilians and necessary Physitions besides the woorthy storage of the famous Innes of Court royall court and other places In Citties and Townes corporate they haue orders for the election and choyse of men from office to office and by degrees to loke into the sufficiencies abilities discretions and vnderstandings of men before they be admitted to beare the principall gouernment And therein is likewise to be obserued that Reason hath imposed a fit ordinance that by a common and generall election the chiefe officer is to be chosen In which corporations as there are many Companies whereof these gouernments doe consist So hath each of these Fraternities speciall orders and ordinances in their peculiar and particular offices In this behalfe there are many orders ordinate and subordinate and which were ouer-tedious to recite to be short therfore in that point Reason hath giuen them abilities and powers to make ordinances and constitutions within themselues but limited with within bonds That they be not contrarie to the lawes of the land The Innes of Court haue orders both to constraine study and to trie and examine the studients as well for the sufficiencie of learning as congruitie of manners and to commend and giue grace to the well deseruing and stoppe the course of peruerse and disordered persons Out of this courtly Academie what good this Commonwealth hath receiued appeareth in that the Kings and Queenes that raigned ouer the same haue alwayes chosen their seruants and ministers of iustice and authoritie from those places Of the Lawe it selfe it is worthily said Lex Regi quod Rex legi The lawe is to the King as the King is to the lawe As the King vpholdeth and maintaineth the lawes priuiledges and rights of the Land so the lawe keepeth men in subiection and obedience to the King and thereby giueth glorie and safetie to the King with peace and dignitie to the kingdome That in the desciding of controuersies and questions growne among men the lawe hath a most equall and indifferent course drawne downe by reason appears in this First the smaller matters are to be tried before the Lord of a manor where the cause is between those of his homage wherein as in the causes of greater moment in higher Courts the triall is appoynted per probos legales homines by a Iurie of approoued and lawfull men per testes fide dignos by witnesses not attainted of notorious crimes but deseruing credite In which behalfe is to be obserued what care the Lawe hath of indifferencie in that it hath admitted many challenges for kindred aliance affection fauour or displeasure and such like lest by corruption iniustice might bee ministred And as the cause may require so that it goeth to the Iudges thēselues For like
as rebellious or at least as disturbers of the peace of their Queene lest their outragious intemprature turn to their own subuersion for it is a most cleare resolued consequent that take away order and gouernment there presently follows horror and confusion which ruine as it often falleth out in great kingdomes among multitudes of men so yet originally do these defects commence in the particular errors of som speciall priuate men for from some small beginning the greatnes thereof must needes proceede therefore obstare principijs maximè iuuat It is very behoofefull to withstand the beginnings Such is the dignitie and maiestie of right and true reason that she hath a place aboue all earthly corruptible and mortall things aboue the Sunne the Moone the Starres and Firmament of heauen aboue the Angels themselues euen in the Sonne of God in the presence of God himself as by this ensuing discourse shall be made manifest Sect. II. The Soule is the substance and Reason a qualitie thereof BEfore I can fittely enter into the definition of Reason being a qualitie in a substance of higher valewe I must borrow leaue for a fewe words concerning that substance whereof reason is this qualitie for out of that wil be found a way how to discouer the trueth of all that ensueth and ought to be vnderstood The Immortall Soule of man is this substance which among Christians is not doubted and being learnedly handled by writers taught by diuines and conceiued and vnderstood by all I will leaue to speake therof in any manner of perswading others to giue credence therevnto and onelie touch the same so farre forth as may discouer the excellencie of reason Hermes treating of the soule saith Hermes in his Poemā der cha 10 It is the garment of the minde and the garment of the Soule is a certaine Spirite wherby it is vnited to the body and this thing is that which wee properly call Man that is a heauenly creature not to be compared to beastes but rather with the Gods of heauen Plato saith Plato in li. 11. de Legib epist. 2. that the ancient and holie Oracles are to be beleeued which affirme mens soules to bee immortall Pithagoras held opinion that the Soule is a bodilesse and immortal substance put into this bodie as into a prison for sin Architus saith that God breathed reason and vnderstanding into man Plato saith Plat. in his Timens third book de Republ. that God created man by himselfe yea and his liuer and his braine and his senses which is vnderstood to be the soule endued as well with sence as reason But speaking onely of the reasonable Soule Plato in Phoedon li. 10. de Repub in matter of state in his Alcibiades he saith that the Soule of man is very like the Godhead immortall reasonable vniforme vndissoluble and euermore of one sort which are conditions that can not agree but in things most diuine And therfore at his departing out of the world he willed his soule to returne home to her first originall Plat. in his first booke of Lawes And in an other place he maketh bold to terme it to be kinne vnto God that is to say euerlasting and of one selfe name with the immortall ones Aristotle saith Aristot. lib. 3. de Anim. that the soule of man commeth from without and not of the seede of man as the body doth and that the soule is the onely part in vs that is diuine which is as much as if he had said immortall Cicero hath two excellent sayings in this behalfe Li. 1. quaest Tuse The originall of our soules and mindes saith he can not be found in this lowe earth for there is not any mixture in them or any compounding that may seeme to be made or bred of the earth neither is there any moysture winde or any fiery matter in them And his reason in that place is that no such thing could retaine in it the power of memorie vnderstanding or conceipt to beare in mind things past to foresee things to come to consider things present which saith he are matters altogether diuine concluding that because it consisted not of any elementall matter it must needes be immortall In another place he saith Cic. lib. 2. de nat Deor. that beetweene God and man there is a kindred of Reason as there is betweene man and man a kindred of blood That the fellowship betweene man and man commeth of the bodie but the fellowship betweene God and man commeth of God himselfe who created the soule in vs. By reason whereof saith he we may say wee haue aliance with the heauenly sort as folkes that haue discended of the same race and roote Seneca in his booke of Comfort Seneca in lib. Consolationis c writing of the death of the Ladie Marcia hir son saith he is now euerlasting and in the best state bereft of this earthly baggage c. which he inferred for the most excellent comfort of all to be when the soule is departed from the body Out of the learning which it seemeth Hierocles had from Pithagoras Hierocl ca. 10. he very consideratelie and deepelie entering into the mindes of the wicked saieth that the wicked would not haue their soules to be immortall to thintent they might not be punished for their faultes But yet saith hee they preuent the sentence of their Iudge by condempning themselues vnto death before hand Plotinus Plotinus of the being of the soul lib. 1. Enead 4. who wrote many excellent treatises concerning the Soule and tooke great paines therein saith mens Soules proceede not of their bodies nor of the seede of their parents but are as ye would say grafted into our bodies by the hand of God The Soule saith hee hath had company with the Gods Plotinus in his booke of doubtes concerning the soule cha 26.27 and is immortall and so would we say of it as Plato affirmeth if we saw it faire and cleere But for as much as we see it commonly troubled we thinke it not to be either diuine or immortall Neuerthelesse saith he he which will discerne the nature of any thing perfectly must consider it in the very owne substance or being vtterly vnmingled with any other thing for whatsoeuer is added else vnto it doth hinder the perfect discerning therof Therfore let euery man behold himselfe naked without any thing saue himselfe so as he looke vpon nothing else saue his bare soule and surely when he hath viewed himselfe in his owne nature merely as he is in respect of his minde he shall beleeue himselfe to be immortall for he shall see that his minde aymeth not properly at the sensible and mortall things but that by a certaine euerlasting power it taketh hold of things that are euerlasting and of whatsoeuer is possible to be conceiued in vnderstanding Insomuch that euen it selfe becommeth after a sort a very world of vnderstanding and light Galen Galen
wil not sticke to supplant him whome he ought most to regarde The countrieman is neuer quiet vntill hee haue the marchants money and the marchant commonly maketh his match so as he will not loose by the bargaine But whosoeuer obserueth what others protestations vntruths deceits cunnings crafts and collusions are vsed amongst all sorts shall well find that Reason hath not her right gouernement If anie man looke but into the Comoedy that treateth of the Humors of men and the booke of Cony-catching he shall see those errors very liuely and at full discouered Now as the beginning of gouernment is at a priuate man so the first that followeth is the gouernement of a priuate family in which the maister of the house hath authority to impose domesticall Lawes The next is betweene the Lord and Tenants ouer whome the Lord hath authoritie to appoynt ordinaunces and to receiue an othe of fidelitie Then followeth the gouernement of Tithings of Towneships of Citties of Counties so concludingly of the whole state whereof to dilate would be ouer tedious The collegiate and ecclesiasticall gouernements and al priuileged places ought to haue repaire to one head At one is the beginning of obedience and at one is both the beginning and end of gouernement And whatsoeuer is meane betweene those buttols or boundes is the publique state which by reasons rule and law are to be ordered and disposed like as the stuffe and seuerall matters that goe to the building of an house which as they are to be at the direction of the principall woorkeman yet are they not to be lost nor spoiled so is it in the case of gouernment for the ordering of causes and suppressing of disorder in a publique consideration without confusion of any In which publike state many ancient laudable and godly Lawes haue beene made which of themselues are in the common-wealth as the soule is in the body of a man when hee either sleepeth or waketh The life of the law is the minister and officer thereof who should distribute the same to the indifferent and equall good of all It is as the line or plumbe rule whereby the workeman guideth his building vpright Gentle Reader consider with thy selfe which part of this building thou art wherof this maine state consistes and reason with thy selfe if thou bee contented or discontented with thine estate and the cause that mooneth thee thereunto and likewise consider whether that cause be reasonable or not if thou finde no suppresse it set the queene of thy passions and affections to iudge thereof and reforme thine errour which if euery man in this Land would performe her Maiesties gouernment would farre passe the gouernement of Numa Pompilus or any that euer liued If we enter into consideration of the seuerall kindes of liuing things how the bond of nature dooth make them affect the company and fellowship of creatures of their owne sorte to liue together in assemblies with a kinde of pleasure and contentment The beasts on the earth in the ayre the birds and in the water the fishes wherein they holde themselues strongest and most safe as they are gathered together into greatest companies in a kinde of agreement as their natures are expressed by Aristotle and others of like learning It will enforce men to wonder at their owne intemperate gouernment considering that against one beast or bird that killeth one an other of his owne kinde there are thousands of men murthered and vnnaturally slaine by their compares so that among men reason so litle preuaileth that the very sensuall partes rebell against their owne nature Insomuch that men through their vnreasonable actions committe that which the vnreasonable beasts do eschew to performe Had not Reason neede to impose laws to suppresse these disorders In the priuate body of a man if the gangrina take any member which is like to bring the whole bodie to death destruction will not the head the heart and all the rest of the members consent to the seuering that member from the body to saue the rest So in the state of a common-wealth to preserue the principall and generall parts Reason hath made lawes not to respect any particular that shall grow daungerous to the whole and specially to the head which is the life honor of the rest As the priuate man that hath his legge cut off to saue his body hath no pleasure but paine and griefe in losing the same So the good Magistrate hath no pleasure in the death or punishment of the subiect but is rather grieued that any such member should be so corrupted as he may not be abidden to remaine The law is said to be the blood bond of the commonwealth the spirit therof The law is said to be a singular reason imprinted in nature commāding those things that are to be done and forbidding the contrary by which the men of the first world liued without any written law at all Besides the written law the law of nature is a sence and feeling which euery man hath in himselfe and in his conscience wherby he discerneth betweene good and euill The lawe is as the medicine the minister and distributer therof as the Phisition the offender the patient As in some causes though the Phisition do not giue the potion rightly nor the patient haue a stomake to endure the taking yet is not the fault in the simple medicine but in the giuer and receiuer or one of them The wrong is not in the law if thou bee corrected for thy offence but in thy selfe for thine error Many a man being sicke of an ague sindeth fault with his drinke where in truth the fault is in his taste the like may be said of those that cōplaine of the iniustice of the law whē alas it is a dombe thing of it selfe and intēdeth no harme to any but the wel vsing or abusing thereof is the matter that is to be considered The euill disposed wisheth there were no law that he might vsurpe ouer the good or at least he holdeth the law to be ouer-seuere to punish his fault on the other side the honest minded man findeth that the offences against the law are notfully and speedily reformed To treate of the diuers kindes of lawes of diuers Countries and the seueral vses of them I intend not but to leaue a note to men of ordinary vnderstanding that the gouernment of men vsed by the discipline of lawes is as necessary as the life to preserue the body from putrifaction He that thinketh it an easie or sleight matter to put his hand into medling or dealing with state matters making of new lawes or abrogating the old as if they were to bee put off and on like a garment or fantastically changed as the wild humor of some few affect let them consider what Demosthenes said of the decrees among the Locrians that euery Citizen that was to bring in a new lawe shoulde come and declare it publikely with a halter about his
as by the verdict of Twelue men euery cause of some nature must be tried So by the Direction of the Law causes of some other nature are to be descided and adiudged by the sentence of the twelue Iudges of the Land Is it not of worthie consideration a very resonable course that reason hath set downe that the trial of Land shal be by men of the same neighborhood that they knowing the right may execute the worke of the Law Lex suum cuique tribuit the Law giueth to euery man his owne Then the common opinion of them that say the fault is in the law is erronious by condemning the Law for the peruerters of the Law and Iustice of whom there are too great a number Looke further into the true sinceritie of the Law and you shal finde that Reason hath made Lawes to reforme those errors and to punish the offenders according to the qualitie of their transgressions What can she do poore dumbe thing she is not able to speake in her own behalfe and few wil do her right either in woorde or action Comes shee not neere the Court when she punisheth treason to preserue the Kinges person Embrace her and vse her worthily for she is of great honor and the principall worke that euer Reason brought to effect in causes of this world The Souldier and man at Armes will confesse that without the Lawes of warres and martiall Discipline there is no possibillitie of keeping things in order The diuines and professors of holy Writ in all countries and in all ages haue made alowance hereof muth endeuoured the performaunce of some things in that behalfe All the Emperors Monarks and Kings of the world depend hereupon and hereby their gouernments are preserued and kept from confusion the least fraction whereof worketh great anoy as appeareth by the stories written by Cornelius Tacitus of the liues of Nero Galba Vetellius and others in the Romane Empire This consideration offereth it selfe though something abruptly that if the offences errors and transgressions of men in these points did consist of substantial matter as the bodies of the offenders do and were for their vnworthines appointed to bee consumed with fire All the water in the great Ocean would not extinguish the flame This being true it shall agree well with Reason and bee very conuenient that men looke into themselues before it be too late correct their errors whilest they haue time lest in the end for the faults of their materiall bodies and sensuall and loose dispositions their Soules which consist of immateriall and vncorruptible substance bee sett on fire and burne in hel with vnquenchable fire that no water of what abundance soeuer can put out And so hauing drawne to thy remembrance these short notes I send thee to consider for the worthines of the law that Moses from whom the grounds of all lawes are receiued did in his time publish the law to the people himselfe vntill the people grew to great numbers and infinite disorders and then by the perswasion of Iethro his Father in lawe hee appointed ministers and officers vnder him The law put in execution by those officers was not the law of the officers but the law of Moses And the law vttered by Moses was not Moses own law but the law of God Such is our case the multitude of offences and euills committed amongst vs are too great and ouer many for our Queene to order in her person therefore Reason hath set downe meane authoritie vnder her The lawes they put in execution are not the lawes of the Iudges but the lawes of our Queene and countrie The sentence they pronounce is her Maiesties they only giue it a voyce and the maine point is this both the lawes and determination thereupon if they be truly executed and obeyed are the lawes and sentence of God himselfe Was there not in Moses time a chiefe head aboue men was there not a mongst mē one aboue the rest were there not vnder him others that took paines to sit in Iudgement to heare the peoples causes was there not thē a chiefe Magistrate and inferior Magistrates some in authoritie to order and gouerne others vnder them to obey were there not men that sustained wrong and others that did the iniurie was not Miriam that gallant Lady punished with leprosie for murmuring against the authoritie of Moses And is not this the antientest gouernment in the world And was not this a kind of Monarchie Doth not our state and gouernement resemble this we haue the same GOD they had a sole gouernor as they lawes as they had Liuetenants Deputies Officers and Magistrates as they people to be kept in obedience as they murmurers against the head as they If they had Corah and his company that rebelled this land hath not bin free from such but God haue the honor they haue had their punishment as well as Miriam and Abiram If the Magistrates in that gouernment found store of busines to punish offences and right the oppressed our countrie is not altogether vnlike them therein If Moses had Aron for Church matters our head hath vnder her mē authorized for that purpose Behold all these things which cōtaine within them a thousand other branches and consider whether Reason hath not preuailed far in this our country and God bin very fauorable to the successe thereof what impiety inhumanitie and bestialitie were it to peruert the good that hath bin attained vnto in these pointes And what doe the contemners resisters disobeyers peruerters and abusers of this so sacred and holy an ordinance of God deserue lesse then those that were punished in Moses time Non minor est virtus quam quaerere parta tueri quibus acquiruntur ijsdem praeseruantur modis by diligence labor studie endeuour and obedience haue these bin brought to order and by the like must bee preserued In which office euery member hath a share the chiefe head in gouerning and the rest in obeying which is a dutie to be performed by euery subiect And wherevnto right and true Reason will leade euery man if he carefully obserue his duetie The omitting wherof was a fault in the time of Saint Paul and Saint Peter The one writing to Titus willed him to put men in remembraunce that they be subiect to principalities and powers The other requireth that men should submitt themselues vnto all maner of ordinances of man for the Lords sake whether it be to the king as to the superior or vnto gouernors as vnto them that are sent of him for the punishment of euill dooers and for the praise of them that do well Besides Saint Paul saith in an other place be subiect to the higher powers for who so resisteth the power Rom. 13.1 2. resisteth the ordinance of God With which sayings I conclude desiring that euery man will put himself in remembrance of his dutie in those points and according to his calling beare a faithfull and true heart to his Queene and Country and obedience to authoritie as the key that openeth to all happines and is the closing vp of Reasons gouernement in these worldly causes and a great inducement to eternitie Finis The Minds priuiledge Who can restraine the freedom of the mind Or banish thoughts from grieued harts perplex Or who can shew what limits are assignde To Sorrowes griefes which do poore soules sore vex Mind keepe thee free from euer being bound Fast from ' Despaire and feast on good Content Yet surfet not on too secure a ground Lest Time let passe Remissenesse make repent Seeme not to be but be as thou dost seeme Thy conscience saue what euer thee befall It forc'th not much what other men do deeme Thy guilt or guiltlesse conscience swayeth all In things that taste of good is good delight Thou mansion for thy God to take repose Keepe pretious things wherein he may delight Then secrets all he will to thee disclose In all restraints yet thou art still at large In all exiles thou still remainst at home The secret matters thou dost take in churge Seruant like thee diuine Virtue knows none The pollisht Temple of Dianaes shrine Did not delight the viewers halfe so much As counsels good layd vp in storch-house thine Which will abide the hammer deft and tuch Keepe farre from thee the praue and euil things The sanctimonies for thy turne are fit Thou harbour hast among the Peers and Kings Thy Chaire was made thy maker there to sit Thou cloth of gold of state and richest price To clad thy God the high and mightest one In thee therefore beware let raigne no vice An equall mate thy King abideth none Let none come in keepe fast the vtter gate Deceipt is rife and thou art in great danger Take heede beware there is a subtile mate That presseth in yet ought to be a stranger Shee le offer faire both words and deeds of gaine She saies she will be gone and will but view But keepe her out it will be to thy paine The words she speakes is neither of them true The Bridebed once defilde the Bridegroom leaues It is a place he doth detest and hate See to thy selfe when once she thee deceaues Thy Glorie 's gone thy Honor 's out of date Friend to thy selfe be thou for to be frended Needs curious choise I speake as reason bindeth Faire shews of loue with faint effects are ended When fruitles words shew what the speaker mindeth The matter meant the mind must needs containe That secret is to him that dooh intend Al pleasing words and speeches that are vaine Gainst truths supports by no means may contend That ample walke within so large a field Would well permit my pen a ranging scope But yet my will to Reason now must yeelde To end this cause my Muse doth stand in hope In fewest words but words of great respect The minding well and well affecting spirit Eternizd Ioyes with Angels shall amplect And endlesse blisse by promise shall inherit That blissed place and place of highest blisse Without cōpare Compare what needs that word God hath ordained for seruants that are his Blessed are they that euer serue the Lord. Finis