Natures Dowrie OR THE PEOPLES NATIVE LIBERTY ASSERTED Art thou called being a servant care not for it but if thou mayest be made free use it rather 1 Cor. 7.21 Ovis non est propter pastorem sed pastor ovi inservit Warneri Proverb Pers 16. Quin et mortalem summum fortuna repentè Reddidit è summo ut regno famul optumus essit Fortune the low soon lifts to th' high'st degree That made great Kings they should good servants be Ennius VIII Annali By L. S. LONDON Printed for W. R. at the signe of the Vnicorn in Pauls Church-yard 1652. To the Reader Gentle Reader THis Treatise I assure thee is no more dipp'd in passion then the Sunne is drowned in the clouds which are so far below him The Author of it desired whilst he asserted other mens liberty himself to be ruled by reason bearing in mind that sentence Reges alios si ratio te rexerit Thou shalt govern others if reason guide thee It was occasioned by a question which a worthy Member both of the Parliament and Committee of State above three years since propounded to me Within short time after I provided this answer and at my first opportunity presented it unto him He judged that it deserved to be made of publick use and offered it to the Press yet Lucina was not so propitious as to bring it to light the Printer not daring to undertake it unles the Author had been present to superintend the work I publish this discourse after I have so long suppressed it because the usefulnesse thereof is still in date in that it explaneth many Scriptures which are still by many wrested into false senses and because there is now a more convenient opportunity then formerly Farewell L. S. Natures Dowrie OR The Peoples Native Liberty asserted c. CHAP. 1. Certain Theses concerning the freedom and authority of any Nation WHereas some have concluded that an absolute Monarchie is the best of Governments because it imitateth that by which God ruleth the Universe I conceive their reason is feeble and impotent and that they considered not that men may abuse their authority and power which liberty is impossible to God All authority unless God determine otherwise by chusing out one or more to rule over the rest which now a dayes we have no reason to expect is fundamentally and radically in the people A conquered people unless they be obliged to the Conquerour by consenting formerly to be subject to him in their own persons or in their Fore-fathers or after the conquest voluntarily took upon them his yoke without conditions or else upon stipulation are warranted by the light of naturall reason to endeavour the recovery of their liberty and likewise after a composition when the Conquerour in his own person or in his posterity neglecteth the terms upon which they submitted to him That Kings should be ex se uati as Tiberius said of Curtius Rufus That nature or conquest should be a sufficient title to dominion and that an illegall force may not by force be lawfully removed are opinions which the clear light of reason never smiled upon Should any one with * Tacitus Annal lib. 3. Tiberius be sine miseratione sine irâ obstinatus claususque ne quo adfectu perumperetur by a reserv'd and merciless obstinacy shut up and baracado'd against the lawes counsell and prayers I see not but a people may warrantably goe about to break such an one seeing he will not be bended by reason CHAP. 2. Monarchy is not by Divine right I Shall in the first place shew that Monarchicall Government is not of absolute necessity ' The Peravians have thus much notice of the generall deluge that the Country was overwhelmed with waters all men perished except seven The chief of these seven was Mangocaga whose posterity governed themselves for some time in Aristocr at icall state See Heylyn in his Description of Peruana I cannot assent to Diodorus Siculus telling us Biblioth Hist l. 2. that there were Kings in Asia long before Ninus especially if as some Authors conceive his Ninus be the same with Nimrod I mean not here a physicall necessity for to such a Monarchy cannot pretend nor a necessity of coaction seeing that excludeth choice but a morall necessity hinged upon the Law of God Most clear it is that neither the Law of Nature which is written upon the tables of mens minds by the finger of God nor yet any positive Law which God superadded to the Law of Nature determineth any Nation to that form of Government Turn over the Scripture which hath omitted none of Gods commandements that are now in force and shew me a precept for it None will be so impudent as to affirm that there is any expresse commandement for Monarchy in the written word of God neither is there so much as a shadow of any Virtuall or Consequentiall injunction thereof unless it be clear by natural reason that Monarchy is the best of Governments for all Nations at all times howsoever their circumstances varie It is clear I acknowledge both by the light of Naturall reason and by the Scripture that men are bound in Conscience to prefer that form of Government which they know to be the best for them but that Monarchy should by the light of naturall reason be discovered to be the best of Governments and that for all Nations and at all times I cannot consent because the world after the flood till Nimrods days * Nimrod was a mighty hunter before the Lord Gen. 10.9 For the understanding of that phrase compare with this Scripture Ier. 16.16 Lament 4.18 Mich. 7.2 Pro. 1.17 That of Arist. in the first of his Politicks is a good comment likewise upon Nimrod's hunting 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. had no Monarch neither oeccumenicall nor provinciall and because Monarchy then came into the World not by choice * Diodorus Siculus informeth us that the Kings of Aegypt were in all their actions confined by their Lawes and particularly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Biblioth Histor l. 1. The same Historiographer speaking of the K. of the Aethiopians saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Biblioth Hist l. 3. but by intrusion usurpation by force conquest because the Israelites had a mixt Government and the most flourishing States amongst the Papists and all reformed Churches together with such Heathenish Commonwealths as have most abounded in perspicacitie and wisdom have ever preferred other forms of Government before it Aristotle likewise determineth Polit. 3. that a King ought to have power to protect the Lawes but not such power as may render him more potent than the Kingdom Obj. The main argument which opposeth what I have delivered in this Chapter is bottomed upon part of the 7th comma of the 4. Chapter of Gen. which in our translation saith Anà unto thee shall be his desire and thou shalt rule over him The Argument propounded in full dimensions hath this
time before the Flood passed a sentence of death upon any appertaining to his Family cannot be proved out of any monuments of antiquity now extant Neither doth it appear whether Iudah pronounced sentence of death upon Thamar by virtue of any authority which he had over her as belonging to his Family or by virtue of some Law consented to by his Fore-fathers or according to the Law and manner of the Countrey in which he lived or out of rashness Some of the Hebrew Doctors affirm that Iudah intended not that Thamar should be burned to death but only stigmatized in the forehead for an harlot What authority soever a Master of a Family may challenge by the Law of nature over his children and servants and those who by mariage are ingrafted into his Family whilst he is a sojourner among a Nation into which he is not incorporated clear it is that those who have their share in any Country and a setled abode among others have no title to such authority in that they are tempted to partiality and may expose their neighbors to divine justice by neglecting judgments or by giving unjust sentence of death and the same wayes weaken the Country in which they live and expose it to a common enemy Homer in the Iota of his Odyss maketh it a badge of rude and uncivill people to live together in the same Countrey and not to imbodie themselves into a Society nor have any publick jurisdiction saying of the Cyclopes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They give lawes every one of them to his Wives and children neither regard one another Most agreable it is to the light of Nature that those who inhabite the same Countrey and so nigh together that they are without inconveniencie capable of a common government so combine and associate the strengths of their minds and estates as that they may be * Herodotus saith of the Thracions who by some are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because every man wâ—â— a Law to himself that if they had either been all of one mind or under one K. they had been invincible in a positure of defence against a common Enemy and home-bred disturbances which cannot be effected without common lawes and publick execution of justice * Plato de Legibus l. 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Men must of necessity establish lawes and observe them or not at all differ from the most savage beasts CHAP. 7. Magistracy standeth by divine right IT remaineth doubtfull whether people who live together may lawfully retain an Isocracie among them having all of them suffrages of equall value in the censuring of Delinquents and the managing of such affairs as conduce to their publick safety or be bound by the law of Nature or any of Gods positive lawes to set Governors and Magistrates over them We inquire not now of Magistracy fettered in the circumstances of hic and nunc determined to time and place for there is no doubt but among the Israelites not only Magistracy but also certain forms of Magistracy were by divine right moreover that certain persons also bare rule among them by divine right and that without the mediation of any humane choice nor yet of Magistracy during the time for which it is established by men that is of Magistracy with a presupposition of humane consent by which in some form or other it was erected and is for some time to be continued seeing that Gods Law requireth that men stand to their agreements and the Scripture saith * Rom. 13.1 The powers that be are ordained of God and * 1 Pet. 2.13 Submit your selves to every ordinance of man for the Lords sake but whether God hath commanded all Nations at all times to have Magistrates Judges or State-Officers The question is that I may further explain the state of it whether Isoâ—rasie be lawfull or men be bound by the Law of God to set up a Magistracy to preferre some to bear rule over the rest The Scripture doth not extricate us in this controversie by any generall precept Nor yet if we search the History of the World before the Flood shall we find any foot-step of Magistracy or of humane censures We have much wickednesse mentioned in the gross Gen. 6.5 and some sins specified elsewhere but no intimation of any punishment inflicted by any humane judicature * The murdering of Abel Gen. 4.8 and according to some Interpreters murder committed by Lamech Gen. 4.23 and idolatry according to some of the Hebrew Doctors Gen. 4.26 I should otherwise interpret the two places last quoted but Lamech's rash speech deserved a censure We have Polygamie likewise mentioned v. 19. of the same chap. but which some deny to have been a sin in Lamech That of Cain It shall come to pass every one that findeth me shall slay me importeth not that he feared any judiciary sentence but only a rude and boystrous inflicting of punishment that it was permittted to every one to punish so hainous a delinquent and that he expected not any regular proceedings of justice against him But I take notice that in regard of the present he feared where no fear was departing from the presence of his Parents neither was likely to prophecie after what manner punishments should afterwards be dispenced I conceive he expressed a fear of men onely and not of beasts His speech was rash and inconsiderate having a tincture from his guilty conscience If we consult with the light of reason it will inform us that in large countryes Magistracie is necessary because in such the Inhabitants though all who are servile and indigent be excluded cannot convene so oft as virtue is to be rewarded and encouraged or as disorders are to be repressed and vice to be punished nor yet so oft as the preservation of their common safetie requireth It is clear also from the written word of God that all publick affairs ought to be managed in such a way as may conduce most to Gods glory and the publick good Moreover God appointed a few in his own peculiar people to govern the rest Such likewise at all times hath been the custom almost of all Nations CHAP. 8. The qualifications of those who ought to vote in the dispencing of Authority The major part of suffrages is equivalently the whole number Those who are uncapable of Voting are tied to subjection ARistotle well observeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polic. 3. that all are not Citizens who inhabit the City seeing Strangers and Servants have their share in habitation He frequently excludeth those who are indigent from bearing sway in a Commonwealth Vnequall it is that Helots and those who have no estates should have equall authority with those who are wealthy in making Laws which concern mens estates in that by their private condition they are much tempted to favour theft and encroachment Seeing men are by an innate and hereditary distemper biased towards wicked practices indigent people who
make choice of others sufficiently accomplished 2 Because when the Monarch is wicked the Government of the State must needs be evill in that he is not divided against himself because he will not act against himself but when Authority is betrusted with many the good though fewer sometimes out-wit the rest Plato in his 9 de legibus perceived the weight and moment of this and the preceding reason telling us that it is necessary for men to appoynt Laws and to observe them unlesse they be mindid to differ nothing from the most savage Beasts And assigning this cause thereof 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. No man is by Nature so accomplished as that he may be able to discern what things conduce most to the publick good and when he knoweth what is best alwaies be able and willing to perform it Plato pointeth these reasons in his ensuing discourse 3 Because there is more reason to fear that one man then that a whole multitude should be malignantly affected Aristatle telleth me Polit. 3. c. 11. that as much water cannot so soon be viciated as a lesser quantity so neither are a multitude so easily as one man corrupted in their judgment by anger or any other passion His words are these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Obj. Here it may be objected that we have more reason also to hope that one man then that a multitude will be well-affected Ans 1. I answer The more authority and power any one hath in his hands by so much he is more tempted to acts of violence An absolute Monarch who hath no law but his own will may more easily miscarry then those who have onely their portions in the Government of a Nation Ans 2. There is far more danger from an ill-affected Monarch then when onely part of those who are in authority are vitiated 4. Because no one will dare to say unto an absolute Monarch what doest thou When Cambyses inquired of his Lawyers whether there was any Law which permited a man being willing to marry his Sifler they answered That they found no Law which permitted a Brother to marrie a Sister but that they found another Law v.z. that it was lawfull for the King of the Persians to do what he pleased See Herodo'us in his Thalia And one who never heareth that question from another it is much to be feared will forget to propound it to himself He will be ready to conceive that with Iupiter he hath Therius perpetually placed by him so that whatsoever he doth must needs be right and just Iezebel thought it a question unbeseeming a Princely spirit She concluded that Ahab drooped below himself when he boggled at the taking away of Naboth's vineyard Memento mihi omnia in omnes licere Thus Caius in Suet mius I may adde That a Monarchy set led in any one for term of life is more dangerous then if the time were limited Those who expect that their authority should expire before their lives will be restrained in some measure by a fear of their successors who may call them to an accompt in case they manage not their trust as it becometh them Those who are to give an accompt only to God are tempted to licentiousness in that men are not wont to be much awed by an invisible Magistrate Plato telleth us that when any one 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not bound to give an accompt of his actions and omissions but governeth a City as he lifleth without any controller he cannot persist in such a mind throughout his life as to preferre the publick good before his private advantage * Plato 9. de leg CHAP. 4. That One man should have a larger share in the Government of a State then all the rest who are interested therein is not enjoyned by the Word of God A King is not a necessary ingredient of the Government of a State Were a true and visible King of absolute necessity the Israelites had sinned in that throughout so many ages after they came into the Promised-Land they set not a King over them We must taxe many other well-ordered States of a sin of omission in point of civill government if we underprop the Scepter by divine right As a King is not necessary by virtue of any divine precept so neither in order to the well-managing of civil affairs as the flourishing condition of many States which are without Kings assureth us CHAP. 5. The necessity of Tribunals is evinced I Shall in this Chapter that I may make way for my ensuing discourse explain the necessitie of Judges and Tribunals The Babylonian Gemara of the Tractate called Sanhedrin in the 7 Chapter telleth us That as God injoyned the Israelites to set up judiciary Courts in all their villages and cities so likewise he commanded the Sons of Noah to erect Tribunals in all their villages and cities The place is quoted by learned Selden in that incomparable work De jure Natural Gent. l. 7. c. 5. This Law they must needs affirm to be given to those who lived before the deluge as well as to Neah's posterity seeing they make it part of the Law of Nature The eating of flesh with the life thereof was as unlawfull for Adam and the rest of the old world as for those who lived since the Flood but needed not to be forbidden to them explicitly viva voce as Gen. 9.4 in that they were not permitted at all to eat flesh The setting apart of some time for Gods worship is injoyned by he law of nature and was in some degreee put into practice by Gods children from the Creation * See Seder Olam Rabba c. 5. Philo de vâ— tà Mesis l. 1. Tertull. adversus Judaeos A haeâ—s in Synopsi sacr Scrip. upon Exod. Euseb Demonstrat Evangel c. 6. Justin Hist lib. 36. though the Sabbath was not observed till the Israelites came into the Wilderness That 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Houses of Iudgments or Tribunals should be constituted for all people is clearly part of the Law of Nature For otherwise that punishment which the Law of Nature demandeth for certain offences as murder c. could not be regularly executed Plato in his 9. book of Lawes in severall cases appointeth those that are naturally allied to the person that is murdered to inflict death upon the murderer and so likewise some of the kindred of the partie ravished to kill the ravisher But these constitutions border upon the making a man a Judge in his own cause If any one be killed by chance-medley those whose affections Nature hath engaged to the person that is slain will be tempted to misconstrue it into murder Jacob cursed the wrath of Simeon and Levi who revenged the ravishing of their Sister Dinah upon the Sechemites Gen. 49.7 Suppose also those who susteined the greatest losse in the partie murdered to neglect the executing of punishment the city or Country in which it was committed is exposed to Gods wrath for