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virtue_n command_v forbid_v vice_n 1,917 5 9.6001 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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from sordid beginnings grew to their greatnesse Rome the great Ornament of the world had its foundation and augmentation from inglorious persons Livy the scum of a licentiousous Sanctuary and the growth of the great Turk had its nutriment from a confused collection of discontented persons Rawleigh Hist of Mahomet So equally and without partiality is the power of nature distributed to all men LIB II. Of Civil Liberty CHAP. I. Of Property The Law of property flows from the Spring of Nature Claud. Natura beatis Omnibus esse dedit si quis cognoverit uti Nature assignet happinesse to all If any one knew how to use it GOD saith St. German Doct. Student l. 1. c. 2. hath in Nature given all men their portion which they may appropriate and freely use and dispose at their pleasure Who likewise to convince the conceit of Community addeth an inexpugnable argument If all things were in common saith he it was never of the law of reason but in great extremity for the law of reason may not be changed but it is evident that the Law of Reason by which all things should be in common is changed and therefore never was of the law of Reason which is the law of Nature especially considered and properly according to the judgement of Grotius Juris proprie capax est non nisi ratione utens De Jur. b. p. l. 1 ● c. 2. with whom Gessendus accords Jus humanum homini proprium est naturale Nothing is capable of law D Philo. E. f. 1549. but what by nature hath the use of reason and the law of reason or humane law is proper and natural to man Before there was dominion introduced the first possessor had a propetty in what he possessed which by Pliny is called proprium habentis and by Grotius Ius occupantis De Jur. b. p. l. 1. c. 2. the property of the haver and right of the occupier who addeth quod jus qui eriperet faceret injuriam which right who should take away should doe injury For as Gessendus there is justum injustum natura tametsi nulla societas nulla pactio civium esset De Phil. Epit. f. 17. 56. There is right and wrong by nature although there had been no society or paction of people Cain and Abel were the first Planters and Occupiers one had a property in the firstlings of his Flock and the other in the first fruits the ground Abraham and Lot travelling to a new Plantation had their several goods and occupations Adam was also in the state of property for there was one tree whereof he might not eat in which he had no property The eating of which Mr. Askam of gover f. 22. as Mr. Askam was a sinne against property and therefore theft theft being a breach of property for no man can steal but from the right owner And the prime duties of the second Table which is convertible with the law of nature are conversant about the right of property for if women and all things were in common there would be no law against Adultery and Theft And for the present according to the consent of the Civilians Thol syn P. un l. 20. c. 2. Quae in nullius bonis sunt occupantium fiunt What things soever appertain to none be the occupants As an Island borne in the the Sea or a Continent discovered cedant occupanti give place to the occupant A Relique of which remaineth in our Law As if cestny pour l'autre vie dy before cestny que vie whosoever entereth first ●fter his decease shall enjoy the land by the title of an occupant The substance of all which accurate Gessendus comprehendeth in one sentence Tol●atur omnis lex De Phi●●s Ep. c. 1750. superest tamen lex naturae ipsumque rationis dictamen quo cavetur ne quis in alium quod in se nolit peccet ac ne re prius communi sed occupatione facta propria vi aut dolo spolietur Take away all lawes yet the law of nature and dictate of reason remaineth by which it is provided that not any one should commit that offence against another he would not have committed against himself and that he be not by force or deceit spoiled of the thing which was first in common but made by occupation his own CAP. II. That men have power by Nature not to commit any outward act repugnant to the law of Nature THere are insite in our soules common notions and principles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which though we have not from our birth A●istot yet will they irresistibly draw the hearer or conceiver into their consent by which we are instructed to abhor and shun those vices which are offensive to the Supream Justice which though as the Philosopher 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Pol. c. 3. by reason of an evil affection contrary to nature or indeed per culpam parentum by our Parents fault they may be depraved and defaced yet are they not utterly extinct or abolished But as Augustine confesseth Tua lex Confess tua lex scripta est in cordibus nostris quam non ulla unquam delet iniquitas Thy law thy law is written in our hearts which not any iniquity ever doth blot out which though it may be impaired and we thereby become uncapable of the exact and inward performance of the Law yet in respect of our external Functions every one hath sufficient power to reign Melan. de ani and moderate his outward demeanor that he commit no outward or civil act repugnant to the law of nature And in this sense is Mr. Hobs saying true that the law of nature is easily kept and the position of the Philosopher also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3 Eth. c 5. Vertue is in our power as well as Vice According to which sense he urgeth this Argument That whatsoever Masters of Families or Law-makers command or forbid must be in our power but they command vertuous actions and forbid those are vitious therfore such actions must be in our power The which reasons the Divines press more vigorously For God say they hath given unto men Magistrates and Lawes by which their actions should be ruled whom the Apostle adviseth to obey and to doe that is good and not that is evil for fear of the sword Rom. 13. Vain therefore and injurious were this institution of God the power of Magistrates Lawes and the advice of the Apostle if we were unable externally at the least to fulfill and observe their lawes For that were to enjoyn impossibilities which is tyrannical and absurd and adverse to the rules and maximes of Lawes for it is a maxim in our Law Lex non cogit ad impossibilia and a rule among the Civilians Cook Inst f. 921. a. Tholos syntag Jur. Vniv l. 44. c 10. Quae possibilia non sunt non obligant The Law compels none