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A67700 A discourse of government as examined by reason, Scripture, and law of the land, or, True weights and measures between soveraignty and liberty written in the year 1678 by Sir Philip Warwick. Warwick, Philip, Sir, 1609-1683. 1694 (1694) Wing W991; ESTC R27062 96,486 228

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to the young Sons of the Nobility and Gentry the growing hopes of their Country and who one day by their virtue courage loyalty wisdom and learning befitting their birth and quality will make a great figure in it for the seasoning of whose minds capable of the highest and noblest impressions with virtuous and true notions of Policy and for their direction and service it is chiefly published and to whom therefore it is humbly dedicated The Reader is desired to correct the following errata which have escaped the diligence of the Corrector PAg. 29. l. 29. Person p. 89. l. 29. make is p. 80. l. 23. were p. 121. l. 13. reckoned 139. l. 21. recommend 149. l. 12. justice is 146. l. ult prescribe 154. l. 7. condition for 164. l. 1. prompter 172. l. that is a. in the margin there for civil read single 193. l. 13. take 206. l. 20. for too read two OF Government As examined by Reason Scripture AND Law of the Land GOD and nature made men sociable creatures Government as examined by reason which appears by this that every man affects a companion which arises from this that every single man stands in need of anothers help Men could not have liv'd together in a body politick if God had not disposed the natural inclinations of their minds for such a society and the same reason that leads them to co-habit together exacted from them the preferring publick good before private interest or the whole before any part so as government is an ordinance of God and not an invention of man and arises not as Mr. Hobbs would make it from the passion of fear which one man had of another but from the moral virtue of justice to do as one would be done unto This makes the politick body so much to resemble the natural The brain must be distinguisht from the heart and the heart from the liver If one part give life another must sense and a third nutrition The understanding or Prince or soveraign power must give the law and the animal spirits or Nobility must influence the nerves or instruments of motion thro' the whole body or subordinate Officers to set on work the muscles or organical members or Commonalty to perform the several offices which belong to the several faculties of the soul of government But we will not follow affectedly metaphors or resemblances which only serve for illustration but not for proof The Object of Government stands in Persons Ruling are Either Supream Whether supremacy lies in one or more persons Here rule or government is absolute arbitrary and uncontroulable yet with an eye and duty to publick-weal or salus populi and an accountableness to God Or Subordinate Magistrates under him or them in whom the supremacy is lodged These do rule by the Soveraigns commission the powers whereof they are not to exceed and they are accountable for the execution thereof not to God only but man likewise Ruled are the People in general viz. 1. Nobility Ecclesiastical Civil 2. Gentry 3. Commons The three states of men which among us make up a Parliament and are united to the King or Supream as members with their head They represent the whole body of that people unto the King but the King is the true representative of the people to all the world The Soveraign the Virtual Body of the Nation The three Estates the Representative Body of the Nation The People themselves the Essential Body of the Nation Things Prerogatives are in defence of the Government it self and of the Soveraign Person and to be made use of in both cases Laws Civil or Municipal for securing the Lives Liberties Properties c. of the Subject Matters Thus Ad Caesarem potestas omnium pertiner ad singulos proprietas Divine Civil as 1 Religion 2 Justice 3 Council 4 Commerce 5 Confederation 6 Treasure 7 Arms by Sea Land The seven great sinews or pillars or nerves of Government Military Government and Governors Government and Governors are both Gods ordinances for though He himself was the sole Legislator in all those matters which concerned mans ultimate happiness yet he left men by the light of their own natural reason to make such laws as concern'd their civil interests or their concerns of this life as natural reason dictated unto them And because no society could be formed and kept together but by equal and just laws nor those laws executed but by some Persons therefore both laws and Governors were made sacred the one to be observed and the other to be reverenced and therefore God owns both and puts an impression of part of his own honor both on humane laws and Soveraign Persons though both these may be infirm and failing for Princes or Soveraigns may err as well in making laws or in their judgments about them as in the execution of them or in their own manners And therefore God obliged Princes to be well advised about making laws and as nigh as they could to follow sound reason and the best precedents and to do all with deliberation and good advice and with an eye to publick utility Nevertheless because these concerns were but about matters of an indifferent nature and that coming under so many divers circumstances it often puzled a sincere and a wise Governor what to ordain and the narrowness of mens understandings often making that whilst the business was in councel or agitation appear best which as soon as perfected was often discerned not to be so and so wisdom and sincerity though not likely so grosly or so often might fail in councel as well as folly and negligence therefore he stampt his own authority both upon human laws and Governors The reverence due unto authority thereby to keep them both from being disputed And upon this ground it was that laws were by the same authority that made them to be revoked or repealed Thus the human authority from whence these laws flowed silenced all private judgment and became indisputable there being nothing to be put in the ballance with it it being only the prerogative of God's Laws to be entertained for their own excellency mens for the authority or station they were in Otherwise all Government had been precarious or subjected so to change as to be unsteady or endless and so useless This every master of a family shall find if he give way to his wife children and servants to dispute his commands much more then a Lord or Soveraign over a whole nation And this should make every master of a family as careful to keep up the honor of his Prince in his great family as he would his own in his little family Soveraignty must be absolute and arbitrary Soveraignty therefore was by divine ordinance made both arbitrary and unquestionable else it could never have answered the true ends of government Divine wisdom therefore necessarily armed even in behalf of the governed the supream Governors with these powers following The
which we call religion which should tye as by a law every rational creature to perform the justice of his nature which other creatures observe by instinction man by choice So as a law is but a rule what things the creature should follow and what fly Thus the eternal Wisdom wrote natural laws in the very essence or rationality of man and by this rationality this creature was capacitated to receive from him positive laws When man offends against the natural law his conscience checks him and when he offends against the positive some known revelation or unquestioned tradition or written word of God must be his accuser Hence laws usually are divided into Moral which are those which flow from the law of nature or ceremonial which are those which flow from some positive law of God or judicial which should imitate the justice of Natural laws and were given to some men as unto the Jews by God himself or from the law of Nature and the rationality of man unto all others and are framed by men in order to the exercise of justice among themselves and are made as conformable as may be unto the law natural and eternal and have for their end the common good of that society which is under the authority of the Head or Soveraign of that society So as every such law ought to be honest and possible to be kept every such law containing in it two powers viz. directive in what it prescribes and coactive in punishing offenders against it Justice natural and civil Now justice is but a performance of some act which some law requires And as we said on the former head religion was either natural or instituted so we must say on this it is either natural or civil Indeed natural justice is an essential part of natural religion and so is inbred in man Why natural justice so far exceeds civil and that is the reason natural justice so far exceeds civil or what human laws prescribes For human laws cannot extend their sanction or rewards and punishments unto desires and concupiscences out of which all civil injustices arise and some offences or injustices seem unto Legislators so trivial that there is no law or sanction against them Yet natural justice prohibits even such offences which made the great Naturalist and Statesman Cicero say It was a narrow or a mean thing to be just only as far as civil law required quam angusta est innocentia ad legem bonum esse or quanto latius officiorum patet quam juris regula for humanity and liberality c. are left out of the publick Tables of the Romans Indeed both Tables of the Decalogue are but parts of natural justice so as a man may be a good Citizen Vir bonus est is qui consulta Patrum c. when he is not a good man or when he narrows that justice which he owes to men unto civil sanctions Justice is concerned in making executing obeying laws 1st In making them Justice in making for the Legislator must sincerely be convinced the law is beneficial for the Government and for the Governed for if it serve only personal ends as that the Prince and Governors by it singly reap the advantage and that it conduce not to common good it wants the best character of a law The like it doth if an unruly multitude force a law from him in prejudice of the good constitution and strength of the Government or Royalty Secondly if laws be made unto good ends Executing and not executed they become a snare for usually the breach of a civil law carries with it some profit and advantage and so one man to his loss observes that law which another through his disobedience gains by And non-execution of laws leads men to the neglect of the Government for they think it a foolish thing to be tied by that cord Obeying Laws which others so easily break Thirdly therefore when laws are made subjects must make a conscience to obey them for it is a debt they owe unto their Prince and unto the whole society and to every particular man of it So as a Legislator must make a law no snare a Magistrate must impartially execute it and a Subject conscientiously obey it The law of nature is the rule of all human and civil laws Tully could say Nos legem bonam a malà nullà aliâ ratione nisi Natura norma dividere possumus And Baldus Imbecillitas est humani intellectus in quacunque causa legem quaerere ubi rationem naturalem invenires A law therefore must be suitable to religion agreeable to the natural not humorous disposition of the people and must tend unto publick good And thus civil and judicial laws made by men are manifest proofs of moral laws written by God in man for they ever confirm those laws and conform themselves thereunto and are adapted to civil cases only Laws therefore are made both in defence of the Government and Governors Laws in defence of the Government and Subject as well as of the Governed in their several concerns of life liberty property and good name fame or reputation and the breach of these laws falls under several penalties higher or lower Penalties as the offence is for it is treason and misprision of treason to offend against the Government or Prince and it is excommunication to offend against Ecclesiastical authority and it is murther and felony or a capital punishment to take away a mans life or rob him of his goods and he falls under a pecuniary or corporal punishment that robs a man of his liberty or good name Thus justice whether it be political or private is the defence of the Head and Body in society How laws oblige the Prince and how the Subject and obliges the Prince by the directive part of the law tho' not the coactive for therein he is subject only unto God to be just unto and tender of the subject and by the directive and coactive part of it obligeth the Subject uniformly and impartially to honor aid and obey him in his government Nay a man by it is defended from himself as well as from others for men by excesses and penury are often unjust unto themselves and unto their relations And this restrains a man from using even his own to his own private detriment as well as unto the publicks for the publick has a right both in his person and private possessions and all this ne Respublica capiat aliquid detrimenti This virtue guides men in peace and regulates them in war and frames all sound council It is that in the Politick Body which consent of parts makes in the Natural for it gives amongst the members thereof a fellow-feeling of each others state It makes the foot content to support the body and the body the head and the head to influence by its animal spirits all the members It admonishes the stomach not wilfully to
permit them slightly to work any manufactury Neither must the Merchant be permitted to adulterate or sophisticate his commodity Nor should any office be set up under pretence of visiting the commodity and discovering the abuse as with us is the Aulnage and exercises it self in tolerating it for it is pernicious unless the true end of it be preserved and then it 's of good use for the publick not only in the dishonour but in the vent of the commodity pays dearly the price of such a Patent There are too too many more instances to be found but I fell upon this because it wounds us in our chief staple commodity Our State should be more careful of this than other States for to our shame we must confess it our Nation in its genius at least in individual persons is too much given to laziness and to affect a sudden gain and return and not to affect publick works or such as require time to ripen or such as relate to posterity or such as conduce to the honour of the Nation and not present and personal profit This humor the Physicians of our State by laws and rules of Government which should be obeyed should purge out and endeavour to raise a publick mindedness in particular men If Holland had had this humor it had never been rich but their publick spirit with their frugality and industry hath made them valuable in the opinion of a Philosopher as well as considerable in the eye of the whole world Had they had our scituation many and safe harbors shipping of such timber and so well built such staple commodities as Cloths Stuffs Bays c. Tin Lead and Leather Corn Fishing Saffron or such means to have made free ports or magazines for all Nations upon small customs to have waited for their markets too too probably they would have eat us out of our Trade as we for these last two Kings the Fathers and the Sons great care and encouragement of Trade and by many worthy knowing and wealthy Merchants who have corrected much of our ill National genius have born up with and overborn them therein The advantages of trade manufacturies and shipping for the trade of England is great and highly valuable for few rightly consider how many live on the land by those few who swim on the sea How many Factories are employed about building but one ship The Timber Merchant the Ironmonger the Carpenter the Smith the Ropemaker c. Navigation begets many manufacturies and is not only a wealth but a security unto a Nation for the plough or keel at sea breeds as many lusty Lads and more daring than those at land It 's a part of the care and wisdom of a State that their subjects be bred laboriously especially the poor Lads that are put out to apprentiships by the charity of Parishes that they be kept to the plough or to the keel and not made Footboys or idle Tapsters c. or multiply small trades c. I believe the present great King of the world who had never been considederable at sea but as he fomented jealousies betwixt us and Holland who like the acorn covered his first growth under this shrub till he thrust out his head above it and then dropt so fast that he by his own power and ours craftily managed endangered both of us I say Navigation too likely to set up the greatness of France I believe he had never affected to have been an East and West Indian Merchant but as he foresaw with old Rome in vain it was to affect the universal European land or Monarchy without he became considerable at Sea So as though he sails unto both Indies yet thereby he hopes to fall upon Holland and England Nor had he become considerable but as the jealousies of Holland towards us shrowded him till he thrust forth a top that will shade us both unless we hold a stricter correspondence and confidence in each other than hitherto we have done and we have sufficiently smarted for the deceitful assistance he gave us and they by the invasion he made upon them may think what he then regorged he may hereafter retain But he that sets bounds to the sea can to his prosperity otherwise humanly speaking and considering his policies to divide confederates and the untempered mortar they have to hold themselves together we may prophesie hard things without the spirit of prophesie But upon this subject of Navigation he came so strongly into my phancy that I could not decline the folly of saying thus much because of the future danger But to revert to our proper subject matter trade No nation can be great or rich that abounds not in some part of his dominions in shipping or who neglects trade and who hath not in his own dominions or imports not materials for manufacturies Yet it is no policy to think to engross it or be monarchs of it as Holland hath for a time affected and pursued that sea-monarchy as eagerly as Charles the fifth or Francis the first did the land monarchy but it is wisdom to divide the profit with neighbour Nations amicably We throve not when we could not content our selves with the manufactory of our cloths but must prohibit the transporting white and undy'd Merchandizing like the sea shore is made smooth and even both among our selves and Forreigners Companies or trade managed by them under a regulation not by governing all parts of it by Companies or wholly excluding Neighbours Companies for home and nigh trades are not very advantagious They are always of most use when they exclude no private traders and yet they cannot subsist if all Interlopers be under no restraint therefore it may be well thought that no man should be permitted freely to trade where Companies are erected but under the regulation of that Company nor that Company make such chargeable by-laws as should discourage young and free traders therefore Companies may by a Council of State or Parliaments be well countenanced if regulated so as they should admit private Traders upon such rules as the Council of State not themselves should set down as equal betwixt both Two Companies we have viz. that of the East-Indies and the Turky which trades would soon fall to irreparable disorder if they were not supported by such pillars The great covetous rapacious Statesmen in either of these Countries and places would soon dash private Merchants against one another and one Nations bribes would eat their Neighbours out if the wisdom of such societies prevented it not The East-India Company in Holland is a little monarchy Amsterdam hath a half Middlebrough and Zealand a fourth Horn and Enchuysen a sixth and the small remain we may say serves to gratifie such interloping persons or places as they will admit of The soveraignty of this trade is in the States General who renew the Charter upon a considerable fine to this Company usually once in years Had we not a trade in