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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 Paeterit Ages, with the firm Settlement of the ſame againſt all Forces whatſoever.

God changeth the times and ſeaſons. He removeth Kings, and ſetteth up Kings. Dan. 2.21.

Imperium ſemper ad optimum quemqueà minus optimo transfertur. Saluſt. Catil.

〈…〉〈 in non-Latin alphabet 〉. Ariſt. 5. Eth. c. 1.

Imperatoris foelicitas in Subjectorum foelicitate conſi­ſtit. Grotius.

By M. H. Maſter in Arts, and of the Middle Temple.

LONDON, Printed by T. C. and are to be ſold by John Perry in Green Arbor, and by Tho. Bruſler at the three Bibles at the Weſt-end of Pauls. 1655.

Magno, Magnae Britanniae &c. PRINCIPI &c PROTECTORI, Patri Patriae, & ſemper AUGUSTO.

Celſiſſime Princeps, & ſemper Auguſte,

C Ʋjus nomen et omen ti­bi aptè quadrare vi­deantur, ſive quod ab augurio & divini Numinis af­flatu ad ſummū Imperiū evectus erat; ſive ob auctum Imperium, cujus amplitudo illius auſpiciis magnopere augebatur. Quis e­nim ſani cerebri inficiari queat? Te coeleſti ope & vi divina e­rectum ſupremam poteſtatem a­ſpiraſſe, & magno illo figulo ul­tra humanae naturae captum, in te collatam, & firmatam,〈…〉〈 in non-Latin alphabet 〉. Hom.Efficiebatur vero Dei voluntas: cui quis reſiſtat? veſtrâ etiam virtute Rempub. ci­vilibus aerumnis laceratamet di­ſtractam in unum corpus coalu-iſſe nemo non è populo novit: Cumqueetiam copiae tuae inſupe­rabiles aegritudine et infeſta in­temperie Borealis aurae attritae & evervatae fuere, indomitâ tua mente jacentes militum ani­mos & corda in pedes prona Magnanimo tuo impulſu erexi­ſti: Ita ut feroces, & ſpe victo­riae elatos Calydonios, clades & coedes ſpirantes, et minitantes uno penè ictu proſtaverunt, aut in fugam conjecerunt, aut funeſtâ ſtrage foedarunt, Te equidem ſummo duce, & Imperatore. Calydoniamqueipſam antea in­victam noſtri Juris & ditionis feciſti, & herbam porrigere co­egiſti. Egregium certè Reipub. noſtrae augmentum, & tuo Marte patratum. Aſſiduoq, adhuc om­nibus nervis intendis, & ſum­ diligentiâ ſatagis per Mare, per Terras, per Saxa, per Ignes, patriae tuae uti indulgens pater aeternam gloriam & opiparum incrementum parere, unde quod Caeſar de ſeipſo, de te verè refe­ratur; Nihil te amplius Aſsecu­tum eſſe propter Caeſaris digni­tatem, quàm ut occupatus vive­res. Sed deſino ulterius veris en­comiis Celſitudinem tuam ador­nare, quia defeſſi erunt homines laudando quàm tuipſe gloriâ di­gna faciendo, ut Saluſtius etiam de Caeſare: Addamqueſolummo­do Symmachi conſularis ordinidictum, Specto tuae virtutis aug­menta qui defero laudare princi­piae. Aeternum valeat Celſitudo veſtra, diuquepopulo Britanno interſis, praeſis, & proſis, quod faxit tutelaris ille Jehovah.

Tuae Celſitudini, ut nemo aeque,
deditus MICH. HAWK.
COurteous Reader,
it is the Author's poſt-requeſt, that you be pleaſed to take notice of the erroneous miſtakes have paſſed the Preſſe, whereby he may be fully conceived, and you ſatisfied.

IN the Epiſtle to the Reader, Page 3. lin. 9. read placebuut. p. 10. l. 25. r. Virg. Egl. p. 15. l. 18. r. 〈…〉〈 in non-Latin alphabet 〉. p. 16. marg. r. Bak. p. 42. l. 29. dele that. p. 47. marg. r. robur. p. 49. l. 20. r. on the. p. 51. l. 1. r. that it. l. 9, r. defendimus. p. 72. l. 15. r. for as the. p. 86. l. 8. r. inteſtinas. l. 16. r. ordinavit. p 90. l. 23. r. robore. p. 95. l. 29. r. free Com - p. 104. l. 10. dele〈…〉〈 in non-Latin alphabet 〉. p. 105. l. 12. r. libertas. p. 108. l. 12. r. Imunitas. p. 120. l. 27. r. exiſtimantes. p. 124. l. 12. impulſion of Chriſt, r. impulſore Chriſto. p. 126. l. 4. r. an Objection. p. 131. l. 28. r. forcer. 165. l. 2. r. with hereticks. p. 168. l. 29. r. fiebant. p. 169. r. 〈…〉〈 in non-Latin alphabet 〉. 181. l. 8. r. Helvetians.

To the Indifferent and Diligent Reader.

OF making many Bookes there is no end, ſaith So­lomon, which is under­ſtood of thoſe (as Judi­cious and ingenious Cook) that pro­poſe to themſelves no end,In his Pre­face to the 11th. Re­port. and which are vain and fruitleſſe: For in all Actions the end gives the Per­fection. 〈…〉〈 in non-Latin alphabet 〉, it crownes and perfects the work;Acti••es diſting••n­•••••nibus -••inis ſpe­cifict a•••­nes. beſides the excellency of all actions are diſtin­guiſhed and ſpecified by their ends.

Of ſuch digeſted Books no num­ber is ſuperfluous, though treating of the ſame ſubject; For as Aug­ſtine,De Trin. l. 1. c. 3. Ʋtile eſt plures libros à pluribus fieri diverſo ſtilo, etiam de quaeſtionibus iiſdem, ut ad plurimos res perveniat, ad alios ſic, ad alios autem ſic. It is profita­ble to have books compoſed of ma­ny in a divers ſtile even of the ſame queſtion; that the knowledge of the thing may be conveyed to very many; to ſome after this manner, to others after another.

Now as touching this preſent diſcourſe (Non umbraticam cauſam agimus) it is not nugatory or need­leſs, but preſenteth to our view Ho­nourable and Commodious ends, whoſe Scope is to blaſon the Ver­tue of a Prince, the ſafety of a Common-weale, and the liberty and tranquillity of the Subject, the three Columnes of publique felici­ty; and therefore the more to be deſired and affected for the excel­lency of the ends. Finis enim dat amabilitatem mediis. For the end gives a luſtre and lovelineſſe to the meanes. Wherein though I may ſeem actum agere, and to preſcribe thoſe things have been diſcuſſed by others, yet are not ſome of them without their defects, which may haply here be repaired; For as Ci­cero, Recentiſſima quaequeſunt emen­data magis. Beſides,Acad. many materi­al Gleanings are added, and novel Collections, which out of ſuperflu­ity or ſecurity were omitted. How­ſoever〈…〉〈 in non-Latin alphabet 〉; Quae decies repetita glacebunt. Good ſays repea­ted often do often pleaſe.

And it hath been a cuſtome a­mong all Writers, to ſeaſon their Dictates with other Sentences, that they may ſeem not to preſume on their own Authority, and write with more certainty, and be read with more delight. Aſſranius was blamed for borrowing many paſſages of Menander, who con­feſſed he had not onely taken from him, but from many others, what was convenient for his pur­poſe, and which he could not better compoſe; and it is Plutarchs judg­ment,Symp••ſ.〈…〉〈 in non-Latin alphabet 〉. To invent, and enquire, is reaſonable; but to col­lect out of others, is admirable.

Yet whoſoever does inſert the inventions of other Authors in his own Editions, and not grate­fully acknowledge from whom he hath received them, Reus eſt legis plagiariae, is guilty of literary filch­ing or robbing the treaſury of the Muſes. For as Pliny, Ingenui pu­doris eſt fateri per quos profecerimus, & haec quaſi merces Authori penſitan­da eſt, ne fures eſſe videamur. It is the part of ingenuous modeſty to profeſſe by whom we profit; and this is a guerdon by all right to be rendered to the Author, leſt wee may ſeem to be pilferers.

Ingenuous and induſtrious Rea­der, for to ſuch I communicate my Genius who are embelliſhed with the ornaments of Indifference and Diligence; For he that is void of the firſt, will be obnoxious to pre­judice, which will caſt an impoſto­rious miſt before his eyes, and de­lude the minds of the otherwiſe ju­dicious, that they cannot appre­hend and diſcern things as they are in their very nature, but according to their foreſtalled conceits; For the will anticipated with prejudice will hurry away the underſtanding, whereas the underſtanding ſhould direct and guide the will. A pre­poſterous courſe in theſe raſh and heady times, which have need of a ſound and ſolid obſerver; Men for the moſt part being carried a­way with the violent ſtream of their affections, preferring incertain hopes, & blazing ſhews, before ſetled certainties and ſubſtantial truths.

The ſecond Vertue required in a a Reader, is Diligence;It was Sci­pio's ſay­ing, Nou amo nimi­um diligen­tes. and in this caſe nimia diligentia will not be diſ­pleaſing to Scipio himſelfe, who was nunquam minus otioſus, quam cum oti­oſus; never leſſe idle, but when he was at leaſure. Lucian derides an illiterate and negligent Reader, cal­ling him〈…〉〈 in non-Latin alphabet 〉〈…〉〈 in non-Latin alphabet 〉: a buyer of many Books, and yet meanly learned, ſtuffing his ſtu­dy with literary houſholdſtuff, but not with the laborious Student, or ſtirring Houſewife, being diligent to peruſe them, or induſtrious to apprehend them, but percurſoriouſ­ly to run them over without obſer­vance or rumination, which cauſeth him often to ſtumble at the craggy and crabbed paſſages of truth, and fall into miſchievous miſtakes.

Howſoever, let the Reader be never ſo ſupine or partial, and his affections never ſo far eſloined from the apprehenſion of the truth; yet as at a various Feaſt may he light on ſome Cates which may ſatisfie and pleaſe his palat; & with Pliny, a ſtudi­ous Surveyor of all ſorts of Books, profeſs that he neveread any Book quod non ex aliqua parte prodeſſet, that did not in ſome part profit him; and with Virgil,Ma. Nul­lias diſci­plinae ex­pers. one void of no Science, acknowledge that he hath ſelected ſome gold out of Ennius's ordure.

The Preface.

OMnes trahimur & duci­mur ad cognitionis & ſcientiae cupiditatem Tull. parad. Ar. 1. Met. c. 1. 〈…〉〈 in non-Latin alphabet 〉. All men are led by the light of Nature to the deſire of knowledge; which not onely proceedeth from an appetite every one hath to his perfecti­on, Science being the Excellency and perfection of a man; but from a long­ing he hath, as Aquinas, conjungi cum ſuo principio, to be conjoyned with his Principle. This incited our firſt Parents to affect the inhibited fruit, that they might be as Gods in know­ledge, which is the ſole happineſſe, as the Poet divinely, Hor. l. 1. Ep. 6.

Nil admirari properes eſt una, Numice,
Solaquequae poſſit facere, & ſer­vare beatos.
To admire nothing is the onely thing,
The which alone to mortals bliſs doth bring.

And ſo deeply is this impreſſion implan­ted in man, as no peril will deter him from it. Though Eve had divine war­ning of the danger, yet perſiſted ſhe in it to her fatal fall. Some ſay, Ariſto­tle drowned himſelfe in Euripus, be­cauſe he could not comprehend the rea­ſon of the various ebbing and flowing of that Sea; and Alexanders deſire to ſee the Sea,Curt. l. 9. had almoſt loſt himſelfe in the Sea. Val. Max. l. 4. c. 12. Homer alſo conſumed him­ſelfe with griefe, becauſe he could not diſſolve the knot of a Fiſhermans Rid­dle; which hath alſo pricked on my pen in theſe knotty & ambiguous times (wherein mens mouths are full of de­bates and diviſions, concerning the Right of Dominion, and Property of Liberty) to commit to writing my Ani­madverſions concerning the ſame, and that onely for the deſire of knowledge, (no man underſtanding any thing ſo fully as by writing, through the frequent reflection of the Intellect) thereby to inſtruct my ſelfe, if not others, in the certain knowledge of the Origin, Con­ſervation, and End of Dominion, and in the true nature of Liberty; not only as it is natural in the abſtract, & proper to every one, but as it reflects on the pu­blique Government, be it either Religi­ous, or Civil in the Concrete; Ingenu­ouſly profeſſing Meipſum ſcire prop­ter ſe petere;Ariſt. 1. Me.. That I covet knowledge for it ſelfe:Ju. Brut. ſolo veritatis ob oculos ponendae deſiderio; with a ſingular deſire to ſet forth the truth before your eyes. Not to accommodate Arguments and Aſſertions to the popular applauſe, Populo ut placerent,Populo ut placerent quas fecif­ſet fabulas Ter. Andr. who common­ly weigh not the matter by the truth, but by fancie and delight. Non rem veritate ponderant ſed ornatu, and eſteem nothing right,Lact. l. 5. Iuſt. but what is plea­ſing and delightfull. Nil rectum re­putant, niſi quod placuit ſibi du­cunt; Whereas the force of reaſon, not elegancy of words, is to be conſide­red; as Ambroſe againſt elegant Sym­machus; Non verborum eleganti­am, ſed vim rationis ſpectandam putes. Wherein if by any concluſion I may ſeem to diſcede from the received opinion, ſo long as it is warranted by reaſon and venerable Authority, I hope I ſhall not want a Protector, or a ſuffici­ent Apology. For what is more ſervile then to captivate reaſon to others con­ceits, it being equally diſtributed to all, and which all are to uſe as the Lydian ſtone to try the truth?

Ingenium ſervile nimis quod di­cta Magiſtri
(Semper habet certa pro ratione) ſui.
Too ſervile is the minde which fond­ly weighs
His Maſters dictates, 'bove right rea­ſons rays.

Howſoever, to diſcourſe of Liberty freely, may ſeem blameles, eſpecially in a free Commonweal, according to the ſen­tence of Tiberius, In Civitate libera oportet linguam eſſe liberam,Sueton. Ʋnder whom an harmleſs liberty of diſputing was no ſnare to any one.


LIB. I. Of Natural Liberty.

CHAP. I. Of the ſeveral ſignifications of Liberty.

IT is a Canon in Logick,Monſeca. Juſt. Leg. Di­ſtinctio vocis ambiguae ſit primum in conſideratione. The diſtin­ction of an ambiguous word is firſt to be conſidered, with­out which to proceed, is wilfully to loſe time. The name then of Liberty being ambiguous, ought firſt to be diſtinguiſhed,Vetle tem­pus perdere and to be divided into its ſeveral ſignifi­cations. For as it reſpects the power of Nature, it is natural, and by nature ap­propriated to every living creature: And as it reflects on the ſociable Condition of man in the ſtate of a City or Common­weal,2 that is either Civil, or Religi­ous. Civil, which conſiſts in the mana­ging and protecting of the people, and their Eſtates, and is named the Liberty of the Subject: And Religious, as it is converſant about ſacred Rites and Doctrines, and is called the Liberty of Conſcience.


1. Of the Excellency of Natural Liberty.

2. Of the Cauſe of Natural Liberty.

FRee Agents are by Nature moſt excel­lent:Praecipuum in omni re eſt actio. Auſt. 9. Eth. c. 9. For the chiefeſt thing in every thing is Action; and the excellency of Action is Freedom, as when it is more a­ble to act freely, then of neceſſity: For thoſe things which act by the neceſſity of nature, want a Superiour to order them to their ends: Whereas free Agents preſcribe an end to themſelves after an imperious manner.

Sic volo, ſic jubeo, ſit pro ratione voluntas.

Jun. Aquinas.Ʋt ſine cauſa nihil fit, ita ſine ea nihil di­ſtincte, cognoſcitur. As nothing is without a cauſe; ſo nothing is diſtinctly underſtood3 without it; and therefore the cauſe of li­berty is diligently to be enquired, which is natura naturans, or as the Poet ſaith, melior natura, that is God, who is liberri­mum Agens, the freeſt Agent, acting what he will,Eph: 1.11. and working all things according to the councel of his own will: Neither is his power aſtringed to the courſe of ſecond cauſes, as the Stoicks dream.

Non Deus eſt numen Parcarumc arcere clauſum,
Mel. de A­ni.
Quale putabatur Stoicus eſſe Deus.
The Divine power is not ſure enclos'd
In Fates cloſe priſon, as the Stoicks ſuppos'd.

For he can produce effects above the o­peration of nature, as to draw water out of a Rock, and by his abſolute power make creatures more noble then theſe: And in this alſo doth he tranſcend all other free Agents;Scal. Ex. 249. that whereas they may be obſtructed by oppoſite Agents from ac­compliſhing their intended ends, Gods aymes are no way obnoxious to any pro­hibition, or coaction; for who can reſiſt his will? And in this ſenſe is the ſaying of the Poet true:

〈…〉〈 in non-Latin alphabet 〉.
There is none free but God.

That is eminenter & originaliter: For as he is the freeſt Agent; ſo all freedome floweth from him: For every Agent pro­duceth to himſelfe the like; and every creature in ſome ſort reſembleth the Cre­ator ſecundum aequalem analogiam,Omne agens agit ſibi ſi­bi ſimile. Aqu. accor­ding to the equality of ſimilitude: For as God was firſt moved by his inward will, and not for any external reſpect, to conſtitute the Univerſe; ſo hath he with­out any relation communicated his ſimi­litude to ſome creatures more then others, and more reſpectively to man: And that reaſonable creatures excel others in the free and arbitray motion of the will or appetite, no other cauſe can be given quam quod illud principium, illa vis, illa poteſtas inſita ſit à natura aut naturae fabricatore:Bieſ. de nat. Then that the ſaid principle, power and faculty is implanted by nature, or the Fa­bricator of nature, which is God, which Forteſcue comprehendeth in one Theſis,De laudi­bus Leg. Angliae. L. 4. c. 2. Li­bertas eſt à Deo homini inſita à natura. Li­berty is given from God to man by Na­ture.



That Senſitive Creatures participate of Natural Liberty.

SEnſitive Creatures are in dignity ſe­cond to man, and before the Fall were gracious with him, which is manifeſted by the Serpents familiarity with him, and his impoſition of names on them: The Scripture aſcribes to them wiſedome, and the Philoſophers Election and Cogniti­on:Ricob. in Ariſt. Eth. L. 3. c. 1. Lud. de a­nima. Mel. de a­nima. Ʋt monſtrent vitae praeſidia & contra­ria: That might ſhew them what was commodious for the preſervation of life, and contrary. Copious are the examples of their wondrous wiles, wherein they may ſeem ſometimes to equal mans pro­vidence, by way of preventing perils, and preſerving their lives and liberties. They are by Nature a free company, and by force onely haled to ſubjection, unleſs in their tender years made tame, which Ex­perience the Miſtreſs of things learnes us:Experien­tia rerum Magiſtra. Cook Juſt. l. 60. For beaſts in Forreſts will fly and fight for their liberties and lives: And whereas ſome have cicur ingenium, it proceeds from the diſcipline and induſtry of man. So6 Horne:Mirror of Juſtice. That according to the law of na­ture all ſenſitive creatures ought to be free, though by the conſtitutions of men they are enſlaved, as Beaſts in Parks, Fiſhes in Ponds, and Birds in Cages: And Ju­ſtice Cook, That a man hath a qualified property in thoſe beaſts which are free na­tura,Hep. l. 7. f. 17. and are by induſtry tamed; but if they ceaſe to be tame, and attaine their natural liberty, and have not animum re­vertendi, their property is loſt: with whom the Civilians concur: Feras capas, & evadentes, naturalem libertatem recupera­re:Tholoſ. That wild Beaſts taken, and eſcaping, recover their natural liberty: And be­ſides, it is the opinion of the ſaid Juſtice, That thoſe beaſts which are ferae natura, are nullius bona: Neither can any man reſtrain them of their natural liberty, and incloſe them in a Park without licence of the King. Iuſt. 60. b.



1. That Natural Liberty is more e­minently planted in man.

2. The definition of Natural Li­berty.

SAnctius his Animal, Homo Auguſtum Dei templum & ſimulachrum,Ovidius. Man is a more ſacred creature, of ſanctified temple and Image of God.

ExemplumqueDei quiſque eſt in imagine parva.
Man is Gods pattern in a little ſhape.

And as by propinquity of ſimilitude man is above all terreſtrial creatures, neereſt allied unto the Deity; ſo doth he ſurmount them in excellency of freedom, as a Vive reſemblance of the Divine A­gent: For which reaſon God did inveſt him with a power over all living crea­tures, quod dominari in caetera poſſit,Ovid. that he might rule over them: But in relati­on of one man to anothe, he hath equal­ly endowed man with the faculty of Li­berty.

Mortales egit aequali genere.
He made all mortals of an equal mould.

Wiſ. 9. v. 6.And as the Wiſe man ſaith, hath the ſame entrance into life, and the ſame going out: And Macrobius elegantly, Ex iiſdem conſtant,Satur. & alunturlementis, eundem ſpiritum ab eodem principio capiunt, eodemque fruun­tur coelo, aeque vivunt aeque moriuntur. They are all compoſed of and nouriſhed by the ſame Elements, receive the ſame ſpirit from the ſame principle, enjoy the ſame heavens, live equally, and die equally.

What natural liberty then is, may be inferred by the premiſes; To wit, That it is a natural faculty of living or doing as one will:Pol. 6. l. 6.〈…〉〈 in non-Latin alphabet 〉, ſaith the Philoſopher; which Tully tranſlates, poteſtas vivendi ut velis, and with whom the Poet concents.

An quiſquam eſt alius liber, niſi ducere vi­tam
Cui licet ut voluit?
Not any one elſe is free but onely he
That as he liſt doth live at liberty.

To which the Civilians adde natural, which is the cauſal difference, and gives the definition its perfection: For freedom9 flowes from God by nature, by which we are made all equally free.


1. That there are no ſervants by na­ture.

2. That all men are more apt to rule then obey.

3. That men of a mean and ſervile condition have by nature been raiſed to the higheſt dignities.

4. That ſuch for the moſt part Ru­led beſt.

5. That the Origin of great Empires proceeded from rude and mean beginnings.

NAtura neminem fecit ſervum aut libe­rum, ſaith the Divine Philoſopher:Seneca. Paul, Ga. 3.28. and the Philoſophical Divine, Nec libe­rum, nec ſervum eſſe apud Deum, There is neither bond or free, with God or nature, or any ſuch diſtinctions or differences with them, the one having no ſuch de­grees in his heavenly Manſion, nor the other in his earthly Mannor. And as the Civilians rightly, Servitude is aliunde,10 from ſome outward act, or publick of­fence,De ſur. b. & p l. 3. c. 7. 1 Pol. c. 3. Fortuna haec nomina impoſuit. Senec. whom Grotius followes: Servi na­tura citra factum humanum nulli: And the Philoſopher,〈…〉〈 in non-Latin alphabet 〉. There are no ſervants by nature, but either by ſome humane fact or law; or as Seneca, by fortune.

And though many by nature ſeem to be of a ſervile diſpoſition:〈…〉〈 in non-Latin alphabet 〉,1 Pol. c. 3. as the Philoſopher, whoſe condi­tions are beſt to be commanded. Such a mind, ſaith Cicero, is not bene informatus à natura; or as Ariſt. in another ſenſe,〈…〉〈 in non-Latin alphabet 〉,1 Pol. c. 3. is not well informed by nature, becauſe it is ill affected, contrary to nature; and as Tholoſanus,Synt. Ju. unit imminutum habet animum, they have a decayed, or imperfect ſoule: So as it is not nature, but ignorance maketh ſervants,Bucid. l. 1. Pol. c. 3. non natura, ſed inſipientia.

Beſides, ſince the introduction of do­minion, nature hath been much dulled by ſervile education.

Adeo à teneris aſſueſcere multum eſt.
Virg. En.
Cuſtome from tender yeares availeth much.

Yet there is not any ſo ſtupid, or ſtolid, who would not rather be free then ſerve;11 and to be governed by himſelf, then com­manded by another, if he had ability and power; which infinite Commotions in divers Countries have by ſad and bloody experience verified: For the firſt ſtate of mankinde was honoured with command, and generally pronounced to all, to which men are ſtill by nature in­clining, ad imperandum magis quam ad ſerviendum apti,Juv. Brit. more proclive to rule then ſerve; which the Philoſopher ex­preſſeth more emphatically,7 Pol. c. 7.〈…〉〈 in non-Latin alphabet 〉. The minde of man is in­expugnably propenſe to rule: And Quin­tilian, Habet enim mens noſtra ſublime quid & erectum, & impatiens ſuperioris; For our minde hath a certain ſublime and ſtout conceit, and is impatient of a Superiour. Whence ariſeth, as Xenophon truly, the great difficulty to exerciſe command over men; for there is no living creature ſo ſeditious againſt his Paſtor, that he wil not ſpare him if he deny him neceſſaries, man onely excepted, who is alwayes diſ­pleaſed with thoſe that ſeek to have do­minion over him, and oppreſſe him,Patrc. ide mo. & A­riſt. Eth. 1. and upon any occaſion will meditate miſchief againſt him; which cauſed Diocleſian, well practiſed in the anxieties of Government, to reſign up his Empire with this prote­ſtation,12 that Nihil eſt difficilius quam bene imperar, there is nothing more difficult then to rule well.

Hence is it obvious and clear, that all men are more propenſe to rule then to ſerve,Tholoſ. which is ultimus vilitatis humanae gradus, the very depth of humane baſe­neſſe, the vigour of nature breathing in them.

Servire cuiquam vile, dominemur magis.
To ſerve is baſe, let us rather rule.

And though it be alledged that ſome men are born to rule, and others to obey; and that Jaſon did thirſt after a Throne, and Themiſtocles ſaid that he knew not how to obey:Polit. 3. c. 6. The Philoſopher gives the anſwer, that they had not learned to live a private life, being conſtantly employed in publick commands; which proceeded from education, not nature: Yet have there many of an obſcure birth, and ſer­vile education, by the vigorous power of nature aſcended to that ſupreme Celſi­tude. Romulus, a ſacrilegious Baſtard, and educated by Shepherds; and Maho­met, a Merchants bond-man, were the Raiſers and Founders of two matchleſſe Monarchies: Gordius from his Cart, and Camillus from his plow, were advanced13 to the higheſt command. Diocleſian was a Senators Libertine,Aur. Victor and Zeno Iſauricus was as baſely bred as fouly deformed, yet both Emperours.

And which is more memorable, Such as were raiſed from inferiour places, were more illuſtrious and famous for their ver­tues, and ſurmounted thoſe in more ho­nourable acts were nobly bred. Gordius, though of a low fortune, yet was he of an high wiſedome, and perſpicacious wit,Juſtin. vir prudentiſſimus, ſed humilimae ſortis. Paſſi. de Mon. Et Ariſt. l. 1 c. 1. Ce­crops an Egyptian and Alien, yet for his civil and commodious Government both by Sea and Land, was in higher eſteem among the Athenians then Piſiſtratus a na­tive. Arbactes, a ſubordinate Officer to Sardanapalus, for his vertue and valour was preferred before him,Juſtin. and exalted to his Throne. Veſpaſian,Suet. gente obſcura. of an obſcure Stock, was of all the preceding Empe­rours moſt applauded; and as Tacitus, ſolus in melius mutatus, alone changed in­to the better. Aurelianus, of a mean pa­rentage,Mediocri parente ge­nitus. Aur. for his celerity in conquering was parallel'd to Alexander the great, and Caeſar the Dictator. Servius Tullius, born of a Slave, by a wile gained a Kingdom,Dolo. Flo. but ruled it ſo well, ut jure adeptus eſſe videatur, that it ſeemed gotten by right-Probus,14 deſcended of a Ruſtick Race,Amn. Vid. patre agre­ſti. was exceeding famous in the Arts both of peace and war; Belli paciſqueartibus longè clariſſimus. Martianus, of a low degree, and of a common ſouldier created an Emperour,Vict. humi­li genere. yet excelled in Military Arts, and noble Acts.Virt. utro­que parente ignobilis, ſuumcuſtos, deinde bo­um, poſtea Lignarii cujuſdam miniſter. Juſtine ſprung from ſordid parents, in his tender yeares run through all the tenures of baſeneſſe, firſt a Swineard, then a Herdſman, afterwards a Woodmonger, and at the laſt a common ſouldier; who for his promptneſſe in handling his Armes, and dexterity in charging the Enemy, aſcended to all the degrees of Martial Dignities, and in fine was honoured with the Imprial Enſignes: He was a ſtudious propagator of Chri­ſtian Religion, and a ſtrenuous oppugna­tor of the barbarous Invaders; chaſing the Vandals out of Africa, and forcing the Goths out of Italy.

If I ſhould muſter up all the Auxiliary examples tending to the fortifying of this Aſſertion, Dies me deficeret & nox, The day would fail me, and the night forſake me, I will onely adde this ſerious obſervation of the Satyrical Poet.

Ante poteſtatem Tulli, & ignobile regnum
Multos ſaepe viros nullis majoribus ortos,
Et vixiſſe pro bos, amplis & honoribus auctos.
Horat. l. 1. Serm. 8.
Before the power of Tully, and his ig­noble reign,
There many often were of an inferiour ſtrain,
Who vertuouſly did live, and ample honours gain.

Neither is it abſonant to reaſon, that men of the meaner ſort exalted by de­grees to Offices of Authority ſhould diſ­charge their duty more exactly and ju­diciouſly, then ſuch as from the cradle have been lifted up unto a Crown, and challenge it as their birthright; which the Philoſopher proveth by a well groun­ded reaſon,〈…〉〈 in non-Latin alphabet 〉, 3 Pol. c. 3.That a man cannot rule well that hath not obeyed: For how can one preſcribe rules of obedience, that is ignorant of the praxis? no more then a Geneval can rightly compoſe, order, and com­mand an Army, that is ignorant of the of­fice, having not before led a band of men, or marched under the diſcipline of a skilful General; unleſſe with preſump­tuous Phaeton he will undertake to rein the fiery horſes of the Sun, or with the16 ſilly ſow, inſtruct and order Minerva.

It was an ancient cuſtome among Prin­ces to nominate their Succeſſors, as Mo­ſes did Joſhua, and David Solomon, though he had an elder ſon. Alexander bequea­thed the Kingdome of Egypt to Ptolomy, and Attalus made the Republick of Rome his heir; and Prafatagus then King of England, made Nero his heir, which be­fore the Conqueſt was very frequent; William himſelf claiming the Kingdome by the nomination of Edward the Con­feſſor, as well as by Conqueſt: And af­terwards,Ban. l. 207. Edward the ſixth excluded his two Siſters Mary and Elizabeth, and by his Letters Pattents, made the Lady Gray Heir of the Crown; and Henry the 8th. had power granted him by his laſt Will and Teſtament in writing, and ſigned with his hand,28. Hen. 8. to make conditions and limitations what he would concerning the inheritance of the Crown; which alſo was a conſtant practiſe among the Roman Emperours, either by adoption, or arrogation, to nominate thoſe whom they approved worthy to ſucceed them in the Empire; ſometimes whilſt they were living to ſettle it on them, but or­dinarily to bequeath it after their de­ceaſe: To apply this to our purpoſe, moſt17 of them, eſpecially the Roman Em­perours, did nurſe and educate thoſe they intended to nominate, and arro­gate to be their Succeſſors, in the Temple of Vertue, and School and Field of Mars, whom, after that they were ſufficiently inſtituted, they uſually adventured in Martial Employments a­gainſt hoſtile Forces; as Auguſtus did Germanicus and Tiberius, by which they obtained the Praxis as well as the Theo­ry of the Art Military: Such, for the moſt part were advanced to the Impe­rial Dignity, as worthy and able to diſ­charge that Martial Honour; who by their Military Vertue, Populo Romano no­men, urbi aeternam gloriam,Cic. pro Murcima. orbem terrarum parere huic imperio coegit, Procured to the people renown, eternal glory to the City, and forced the world to their ſubjection. But to ſuperſede this pertinent digreſſion, and to purſue our propoſition.

Nature is equal to all, and conferreth equal endowments, ſi quis cognoverit uti, if any one knew how to uſe them: and commonly, men inſtigated by neceſſity, employ them to the beſt advantages.

Magiſter Artis Venter.
Nam ille omnes artes perdocet ubi quem attigit.
Need is the Miſtreſs of all Arts and Skill,

Which conjoyned with induſtry and ſe­dulity, commonly produce rare effects.

Labor omniai vincit Improbus.
Perrupit Acheronta Herculeus Labos,
Nil mortalibus arduum.
Herculean Labour will all things o­vercome,
And force its way through Styx and Acheron.
Nothing is hard unto a mortal Wight.

Neither doth vertue deſcend, but is ha­bitus acquiſitus, an habit acquired by de­liberation and practice: For good men doe not by nature produce good men,〈…〉〈 in non-Latin alphabet 〉,Ar. 1. Pol. c. 4. but frequently the op­poſite, whence proceeded the Proverb, Heroicos filios eſse peſtes, Noblemens ſons are peſtilential ſores,Camec. in hiſt. 1. Ar· polit. as Caligula, Domiti­tian, Commodus; the Flagitions ſonnes of vertuous Parents, which hath been Hiſto­rically obſerved in many, and more par­ticularly in the unnatural attempt of Darius ſon of Artaxerxes, on whom his Father having ſetled his Crown, he in re­taliation conſpired his fathers fate, which19 he had acted, if not by diſcovery pre­vented; which degenerous exorbitancy, ſaith Juſtine, proceeded from the pa­rents exceſſive indulgency:Juſt. l. hiſt. 10. Nimia paren­tum undulgentia corrumpit liberos: who ſhould inſtruct them as the father doth his ſon in the Comedy,

Ego te meum dici tantiſper volo
Dum quod te dignum eſt facis.
Ter. Eu.
My ſon, ſo long thou ſhalt be mine,
Whilſt thou in worthineſs doſt ſhine.

For it is not the glorious ſtemme of ver­tuous progenitors doth make men noble, unleſs they doe patriſsare in their vertues.

Nobilitas ſola atqueunica virtus.
Jun. Sat. 7.
Vertue's the the ſole and true nobility.

But to decline to the ſet of this Secti­on. Nature diſtributeth her dole impar­tially, without any exception of King or beggar; and Seneca ſaith the proverb is true, Aut Regem aut fatuum naſci oportere, Every one muſt needs be born an Ideot or an Emperour: Eſpecially if we conſider man as a Citizen of the world,De morte Claudii Caeſaris. and born to rule: For Homo animal eſt audax, acu­tum20 & multiplex, atque imprimis imperandi, quam parendi cupidus. Baccl.Man is a bold, ſubtile, and wily creature, more covetous of command then obedience, and will dare to adventure on any thing to accom­pliſh his ambitious deſignes; and ſay with Caeſar,Sever. Theb. Si violandum eſt jus, regnandi cauſa violandum eſt. Heaven and Earth cannot limit his minde; but with Alexan­der he will wiſh for more worlds to con­quer; and with the Gyants Caelum ipſum petere ſtultitia, and purchaſe Royalty at any rate. Imperia pretio quolibet conſtant bene. And as mighty men have ſprung from mean fortunes; ſo great Common­weals have had their Exordiums from foul foundations. Juſtine extols the Atheni­ans for their native birth,Hiſt. l. 2. that they were in eodem ſolo nati quod incolunt; but ſaith that other Nations à ſordidis initiis ad ſumma crevere, 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.

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 is22 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 firſtfter his deceaſe ſhall enjoy the land by the title of an oc­cupant: The ſubſtance of all which, ac­curate Geſſendus comprehendeth in one ſentence, Tolatur omnis lex,De Phi••ſ. Ep. c. 1750. ſupereſt tamen24 lex naturae, ipſumquerationis 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.


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 (〈…〉〈 in non-Latin alphabet 〉) which though we have not from our birth,Aiſtot. 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: which25 though, as the Philoſopher,〈…〉〈 in non-Latin alphabet 〉,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,〈…〉〈 in non-Latin alphabet 〉, 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 Law­makers 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 26 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. Ʋniv l. 44. c 10. Quae poſſibilia non ſunt, non obligant, The Law compels none unto impoſſibilities; and if it ſhould, impoſſible preceps do not binde.

CAP. III. Of Peace.

NAtura eſt quietis appetens, ſaith Bodin, Nature is deſirous of quietneſs; for Peace and Concord are the Union of the Univerſe;Macro. S m. Sci. l. . c. 14. witneſſe the harmony of the27 Heavens, and the mutual coherence of the Elements, and the golden chain which reacheth from the Heavens to the Earth, by which all things are reciprocally tied and knit together. The ſeveral Flocks of Birds, and Herds of Beaſts, feed and live quietly together, according to their di­ſtinct ſpecies.

Horat. Ep. 7. Nequealius lupis mos, nec ſuit Leonibus
Ʋnquam niſi in diſpar feris.
Juv.Saevis inter ſe convenit urſis.
Among themſelves the Lions, Wolves, and Beares agree.

Much more ſhould men of the ſame na­ture and ſimilary ſhape, and above all o­thers more ſociable and communicable by ſpeech, live quietly and peaceably. Doctor. Stud. l 1. c. 4. Mr. Hobc. Philoſ. RudimentsAnd therefore, ſaith St. German, It is the law of nature that men live peaceably, that they may tend the preſervation of their lives, which whilſt they are in war they cannot, and which is the firſt and funda­ment law of nature, at which all human laws level, even the law of war and arms, whoſe ultimate aym is peace: As the Phi­loſopher,〈…〉〈 in non-Latin alphabet 〉:7 Pol. c. 1. And as Tully, Ʋt in pace vivatur, That we may28 live in peace. So Saluſt, Sapientes pacis cauſa bellum gerunt,Orat. ad Caeſarem. laborem ſpe otii ſuſten­tant, Wiſe men make war, to purchaſe peace, and cheer up their labour with the hope of eaſe. And for this cauſe doe all Common-weales, and eſpecially the law of this Land, carefully provide for the preſervation of common peace, and abhorre all force, as the capital enemy of peace, and ſubject the bodies of ſuch to impriſonment, whence all lawes are more ſevere againſt the violaters of the publick peace,Hub. Caſ. f. 3. Cook. then the corrupters of pri­vate vertues; againſt Riotors, Robbers, and Homicides, then againſt Libidinous, Luxurious, and Deboiſt perſons, cenſu­ring the one with infamy or pecuniary mulcts, and the other with corporal or ca­pital puniſhments.



1 Man by nature is a ſociable erea­ture.

2. The cauſes of humane ſociety.

3. Men primitively ruled by the Light of Nature, lived peaceably.

4. The original and provoking cau­ſes of diſorder among men.

5. The origine of Dominion.

MEn are by nature ſociable,Ariſt. l. 1. Pol.. c. 2. and more ſociable then Animals, which are〈…〉〈 in non-Latin alphabet 〉, congregable creatures, by reaſon of their language, which is〈…〉〈 in non-Latin alphabet 〉, the communicative organ of ſociety. 〈…〉〈 in non-Latin alphabet 〉, ſaith Anaxagoras: and Cicero, Pares cum paribus facillime con­gregantur, Like will to like,In Catil. which pro­ceeds from their natural affections, foun­ded on the ſimilitude of nature, which hath conſtituted a certain alliance among all men. To which purpoſe Grotius,Tholoſ. ſ. 7. Ju. Ʋniv. quandum cognatio­nem inter homines conſtituit. Na­turalis juris mater humana natura etiamſi re nulla indigeremus ad ſocietatem natura appe­tendum ferret, Humane nature it ſelfe, the Mother of the natural law, though we30 wanted nothing, would lead us by nature to the deſire of ſociety.

Conſervation alſo is the cauſe of ſoci­ty. Natura enim eſt rapax ſimilium, quia omne conſervatur ſimilitudine. Nature lon­geth for the like,Kekerman. becauſe it is conſerved by the like: And as Geſſendus notably, Mutual indigency and imbecillity,Mutua in­digentia quam natu­ra fabrica­ta eſt, eſt cauſa ſocie­tatis, ut ſu­is rebus uti tutius poſ­ſit. Geſſe. de Philoſ. Epicurea. Toſt. in 10. caput Ge­neſeos. which nature hath framed, is the cauſe of natu­ral ſociety, that men may uſe their ſub­ſtance more ſafely: And as Toſtatus, Ne­ceſſity was the original of civil communi­cation for the mutual conſervation of mankind. Neither were men in the firſt age diſſociable, fuſi per agros & diſperſi mon­tibus altis, as the Poets feign, ſcattered in the fields, and diſperſed on the mountaines; but according to their natural inclinati­ons, had their ſeveral Aſſociations and Families: Neither were there any〈…〉〈 in non-Latin alphabet 〉, vagrants or vagabonds;Geneſ. 4. for it was inflict­ed as a puniſhment on Cain for the ſlaugh­ter of his brother Abel.

And in thoſe golden times, and to which the quality of charity and ſimpli­city were proper,Askam of the con. & rev. of gov. c 3. f. 4. Mr Hobs Phil. Rud. as learned Mr. Askam affirmeth, as men were ſociable, ſo were they peaceable, peace being the firſt and fundamental law of nature, by which they were led, ſatisfied and contented with31 what they gathered and collected to their proper uſe. That though turfy bowy booths and caves were their habitation,Annotat. on the bi­ble. Chro­nologers〈◊〉130. years from the creation to the ſlaughter of Abel. yet lived they free from mutual moleſta­tions; as Cain and Abel ſeemed to have done for a long ſpace; for we read not of any diſcontent between them, untill the ſlaughter of Abel, which was above 100. yeares from the Creation: And ſo odious were all injuries in that Age to mankinde, that every one was naturally a Magiſtrate to puniſh the breakers of peace, and the law of nature, which cauſed Cain to cry, Whoſoever ſhall finde me will ſlay me: Of which times the Poets alſo truly;

Petronius.Conſervabat opes humilis caſa.
A ſimple Cottage conſerv'd their goods.
And Boetius. Odiis nec fuſus acerbis
Cruor arma tinxerat.
Neither had bloody wounds flowing from bitter hate
Bedi'de their ſwords.

Charity and Simplicity had ſudh pow­er over them, that they naturally abhor­red rapines and homicides: But when the Earth was repleniſhed, and Families grew numerous, envy and avarice poſſeſſed the minds of the naturally ill-affected, and incited them to reject the peaceable and32 golden precepts of the law of nature, & to invade others properties. Then might be­came right, & id aequius quod validius, he was moſt juſt was moſt powerful, witneſs the firſt Tragedy of Abel. And as the Poet,

Horat.Jura negat ſibi nata, nihil non arrogat armis.
The lawes he doth deny as borne to him,
But with his armes is alwayes con­quering.

The mighty would not permit the fee­ble to poſſeſſe thoſe things they had col­lected and occupied, but ranged with Brennus Motto in their mouths,

Omnia ſunt validiorum.
All things belong unto the ſtouteſt.

And roving up and down, uſed it as a calling, by force and rapine to oppreſſe the impotent, and enrich themſelves, holding it no diſgrace, ſo as it was vali­antly performed. To which Cicero, ſpeak­ing of that Age, aſſenteth: Ʋt tantùm haberent quantum manu ac viribus per eoe­dem & vulnera eripere,Orat. pro Sexto. aut retinere potuiſ­ſent, That ſo much they had, as by force and ſtrength through wounds and ſlaugh­ters they could obtaine or retaine. For though man, as the Philoſopher, conſide­red in his perfection, is the beſt of all li­ving creatures;Ariſt. l. 1. Pol. c. 2. yet having fallen from33 law and right, is the worſt of them all:〈…〉〈 in non-Latin alphabet 〉, a moſt impious, fierce and cruel creature, far ſurpaſſing the wilde beaſts in malice and immani­ty.

Hence ariſed wars worſe then Civil, and horrid Homicides; covetouſneſſe on the one ſide, and deſire of revenge on the other,Avaritiae & ultionis apperitus aliis in ali­os arma ſuppedi­tavit. Bod. l. 2. c. 6. furniſhed them with Armes and weapons.

Lucian. Et pars viliſſima rerum
Certamen moviſtis opes.
And wealth the vileſt of all mor­tal things
Provoked ſtrife.

The injured party labouring with all their might to fortifie themſelves,Proſopo­paeia. and re­cover their loſſes, had recourſe to the re­doubteſt and wiſeſt of their Families,〈…〉〈 in non-Latin alphabet 〉,Hom. Ila. of many others the worthieſt, imploring his Heroical Aſſiſt­ance, and that he would accept to be their General, which he confidently and cou­ragiouſly undertook, as well for their good and utility, as his own honour and ſafety.

Nam tu••res agitur, paries cum proxi­mus ardet. Virg.
Neere is the danger when the next fence is fired.

Juſtin. l. 6. de Lacedae­moiis. Aut vincendum aut morien­dum cenſu­erunt. Quaſi tem­peſtas quae­dam omnia diruit. Iuſt. de conque.Who armed with force and vertue, ha­ving ordered and encouraged his cohorts and aſſociates (who cohorting one ano­ther to the combate, reſolved either to die, or gain the Victory) gave the plun­dering enemy a furious aſſault, and like a thundring tempeſt did ſhatter and ſhiver their Ranks, and beat down all before them, forcing them to exclaim for ig­noble quarter, which upon their diſarmed ſubmiſſion was granted. Whereupon the General, with the applauſe and conſent of his Aſſociates and the better party took upon him the Empire of them both, His quidem ut amicis, illis autem ut ſervis imperans,Bodin. l. 2. c. 8. de Rep Commanding the one as ſervants, and ruling the others as friends: The one reverencing him as their Lord, and the other honouring him as their Protectour: And ſo ſetled in his Throne, with the right hand of reſpect favoured his Allies, and with the left hand of ſeverity curbed his Enemies, wiſely diſpoſing them both to his ſubjection:35 A Stratagem as ancient as the Origine of Dominion, and firſt put in practice by Nimrod; for until his dayes Noah and his Generations, as Paraeus, per familias ſuas placide gubernarunt,In caput 10. Gene­ſees. In 10. cap. Geneſ. vi­ribus robu­ſtus, & conſilio diſ­cretus. did rule gently by their Families.

But he being a mighty Hunter, as the Scripture ſtiles him, that is, as Toſtatus expoundeth, ſtrong in body, and diſcreet in minde, by the Engine of Wit, and Art of Gratification, in heaping good turns on injured perſons, did allure and draw multitudes of people to his party,The Sept. call him〈…〉〈 in non-Latin alphabet 〉. Ʋnde do­minandi cccaſionem nactus Mo­narchiam uſurpa­vit, & reg­num obti­nuit. Muſc. Ibid. through whoſe aſſiſtance and Gygantaean force he purſued men, as the hunter purſueth beaſts, ſubdued many Nations, and was the firſt that obtained a Monarchy and Kingdome; and was ſo famous for his victorious va­lour, as it paſſed for a proverb, As ano­ther Nimrod, as we uſe to ſtile a valiant man alter Caeſar, vel alter Alexander. Or as the Poet,Alius Latio jam partus Achilles.

Which Martial policy hath been ſubſe­quently practiſed by many Martial He­roes: As Juſtin relates of Philip of Mace­don, that by miniſtring ayd unto the wea­er ſide, Victos pariter victoreſqueſubire regi­am36 ſervitutem coegit,Iuſt. l. 8. compelled the Con­querors as well as the conquered, to un­dergo a royal ſervitude. And it is recor­ded of the Romans by Cicero, the ſtudious obſervator of that State, That by relei­ving their confederates, they augmented their Commonweal;Noſter po­pulus ſociis defendea­dis, terra­rum jam omnium potitus eſt. Vid. Alb. Gentil. de armis Rom. and by imparting Aſſiſtance to other Nations, brought the whole world into ſubjection. And in our Hiſtories it is by approved Authors affirmed, that the Saxons were called into England by the Brittans to defend and aid them againſt the incurſions of the Picts and Scots; who, though at the firſt they ſeemed mercenary and aſſiſtant to them, yet in the concluſion became Maſters and Conquerors of them.


Dominion by right belongeth to the valiant man.

IT was the judgment of Polybius, Scipio's Maſter, That it was a neceſſary that he who excelleth in ſtrength of body and courage of minde,Polyb. l. 6. ipſiſſimum naturae opus. doe obtain the Prin­cipality and Empre; and this is, ſaith he, the very work of nature, which is ap­parent37 in the Regiment of Beaſts, among whom the ſtrongeſt alwayes precede. And it is Ariſtotles poſition,Ar. 1. Pol. c. 4. Alexanders Paeda­gogue,〈…〉〈 in non-Latin alphabet 〉, whatſoever is ſuperiour in pow­er, excelleth in goodneſſe; for without Vertue, Force cannot ſafely conſiſt: And therefore doe the Grecians conjoyn them, and call valourous men〈…〉〈 in non-Latin alphabet 〉, good men: And the Latines derive virtus à viro, vertue from a man, as if Man­hood comprehended all Vertue, as it hath been antiently taken, and ſo is expreſſed by one of the Ancients.

Plaut. Amph.Virtus praemium eſt optimum;
Libertas, ſalus, vita, res, pa­rentes,
Patria, & prognati tutantur, ſervantur.
Virtus omnia in ſe habet; omnia aſsunt bo­na
quem penos eſt virtus.
Valour is worthy of the beſt recompence;
Freedom, Life, Safety, our Friends and parents,
Our Country, Kindred, are by it preſerved.
Valour hath all things in it, and all things flow
To him who gives the valourous victo­rious blow.
3 Pol. c. 12

Such a valourous man, excelling others in vertue, is worthy of an Empire, which by right, ſaith the Philoſopher, apper­taineth to ſuch an one:〈…〉〈 in non-Latin alphabet 〉: Then it is right that ſuch an one be Lord of all, and King alone. At which the Poet alſo pointeth,

Juv.Ipſius certe ducis hoc referre videtur,
Ʋt qui fortis erit, ſit feliciſſimus idem.
This certes reflecteth on a Generals aym,
That he who valourous is, thrice happy reign.

Such a one meriteth a Throne, even by the judgement of the great Macedon, who being demanded by Perdiccas on his fatal Couch to whom he would bequeath his Kingdome, anſwered, Ei qui optimus eſſet, To him who ſhould be beſt.

Honor.Emitur ſola virtute poteſtas.

Claud. 3.And Tully, a bitter Antagoniſt of Caeſars, and Monarchy, for the ſame reaſon ſub­ſcribed37 to it and him, ſaying, Demus igi­tur Caeſari Imperium, ſine quo res Militaris geri non poteſt, Let us therefore yield the Empire to Caeſar, without whom Military Affaires cannot be managed. So as he who ruled all by his gown and tongue, was coacted to vaile to valour and the ſword, and to grant a Principality, who bfore eſteemed it a Tyranny: And which Paradox after Caeſars ſlaughter he re-aſſu­med, and maintained in his Philippick O­rations againſt M. Antony, to his miſerable maſſacre: The Allegory of Antiſthens lively repreſenting his deſtiny, which was, That the Hares at a ſolemn Aſſembly of Beaſts, moved that there might be an e­quality among them all: To which the Lion replied, he would condiſcend, if his clawes could be taken off: By which Tully, for his invective Orations againſt Antony, was deſperately torne in pieces; and by whoſe command his head, wherein he forged, and his hand, whereby he preſſed his declamations, were fixed to the Pulpit wherein he made them.



1. To reduce the Conquerours with the conquered into one Govern­ment, is a prudent part of the Con­queror.

2. How it may without danger be effected.

IT is a principal part of the Imperial art, to reduce the Conquerors with the con­quered into an uniform model of Govern­ment: For which, Romulus, the Founder of the Roman Royalty, is extolled, quod eodem die pleroſquepopulos, & hoſtes, & cives habuerat, That within the ſame day he had divers Nations for his enemies and Citizens:Senec. l. 2. de Ira. c. 24. And Caeſar, the Founder of the Roman Empire, after the conqueſt of France, mingled the Gauls among his Le­gions, whoſe Auxiliary Forces much a­vailed him in all his Victories; for which, at his return to Rome, in requital he pla­ced ſome of them in the Senate; which policy Seneca calls ſalubrem providentiam, an wholſome and healing providence, to tmper and mix the Vanquiſhers with the39 vanquiſhed, and ſo diſpoſe them into one Civil Body. Concerning which, acute Clapmere propoundeth this caution,De arcanis l. 3. c. 2. That in a new State, which is full of ſeditious and factious ſpirits, a more rigid and ſtrict Government is to be exerciſed by the Prince, leſt, as he ſaith, Serpentem in ſinu alet, He ſhall foſter a ſerpent in his bo­ſome; as Caeſar did, who embraced his greateſt enemies in the armes of his cle­mency, to his lamentable deſtruction; for thoſe whoſe lives he ſaved, and honoura­bly preferred, plotted and acted his bar­barous ſlaughter, which made him ex­claim in the agony of the act, Men 'ſervaſse qui me perderent, Have I ſaved thoſe ſhould ſlay me? wherein alſo Alexander the great failed, who, contrary to the admoniſh­ment and precept of his Maſter Ariſtotle,〈…〉〈 in non-Latin alphabet 〉, to be friendly to his famili­ars, and ſevere to ſtrangers;Plut. vit. Alexand. Ariſt. 7. poli c. 7. and to con­tein the Grecians by love and reſpect, and retein the Perſians by command and au­thority; intreated the one not as conque­red perſons, but as companions of his Victory, Non quaſi victos, ſed victoriae ſoci­os habuit: and handled the other not as his commilitons, and fellow-conquerors,Juſtine. l: 12. but as ſlaves and ſubjects of his cruelty,40 raſhly murthering Clytus, the preſerver of his life, and cruelly putting to death Philotas, Parmenio, and divers other no­ble Graecians, who by their valour had ſeconded him in all his conqueſts; for which, and other ſuch ungrateful inſo­lencies, he was miſerably extinguiſhed by poyſon; ſo difficult a task it is to reduce the differing humours of a divided State into a ſafe and equall temper: A­lexander, and Caeſar, the greateſt Monarchs on earth, could not attain to this medium of policy, the one being faulty in foſter­ing his foes, and the other in deſpiſing his friends; for as concerning foes, Clap­mere concludeth,De arcu. imperiis l. 4. c. 15. that in ſuch caſes ex­tream Counſels are beſt; Aut enim, ſaith he, interficiendi ſunt, aut praemiis multis molliendi; tertia via nulla eſt; for either they are to be deſtroyed, or elſe by many gifts, gained and quieted: There is no third way; yet Geſsendus preſcribes a ſa­fer rule,De Philoſ. Epiur. f: 1468. Cum ex indulgentia nihil timen­dum eſt, rationi, bonitati, & clementiae locus relinquatur; Where nothing is to be feared in being indulgent, let place be gi­ven to moderation, goodneſs, and cle­mency, which he ſaith is honourable, and worthy of praiſe, and as the Poet, the greateſt victory.

Nulla eſt victoria major,
Quam quae confeſſos animo quoqueſub­jugat hoſtes.
No greater victory there is,
Than to ſubdue the mindes of men,
and make them his.


1. Dominion was firſt procured by armes.

2. That it is not diſſeiſin, robbery, ty­ranny, or uſurpation.

3. That the Law of Armes, is above all Laws.

SVbjection is neither natural nor volun­tary, neither will any one ſubmit himſelf freely to the collar of dominion, ut canis ad vincula, but is gained by the proweſſe of the Conqueror; for every one in the ſtate of nature, hath a right to do­minion, and conqueſt onely puts him in poſſeſſion: and it is averſe from rea­ſon, that men ſhould expoſe their natural liberty to imperious ſubjection, unleſs incited by fear, or conſtrained by force;42 as Judicious Patricius,De Mon. & Ariſto. f. 6. nullagens ſine metu ſeſe ſupremo magiſtratui ſubjecit; the horſe in Aeſops fables, accuſtomed freely before to wander up and down, would not have ſubmitted himſelf to the bridle of the Ri­der, but for fear of the Bull, his enemy, by which means the Rider obtained the do­minion of them both, & had vitae & necis poteſtatem over them both; and it is con­trary to the Law of nature, for any one to expoſe his life to anothers cenſure; for if no man hath power to take away his own life without the guilt of being a murtherer, how can any one conferre ſuch a power as he hath not himſelf, upon any one, without being acceſſary to his own death, which is the moſt unnaturall murther?

Dominion then was firſt atchieved by valour, and Empires purchaſed by arms; their creation was by force; though after­wards, ſome by ſucceſſion, and others by election,Syntag. juris univ. l. 18 c. 2. were made Kings; as Tholoſanus, primus vi conſtituit imperium, alii partim ſuc­ceſſione, alii electione facti reges, which af­terwards was not perpetual, but ſome­times changed, by interpoſition of arms, which as in many Nations, ſo in this is moſt apparent; that Dominion having been by the arms of the Romans, Saxons,43 Danes, Normans, and other particular for­ces, often altered: and whereas many ſuppoſing the golden age, in which men at the firſt ſhould live peaceably, and by election advance thoſe to the ſupream dignity, who by their prudence drew bar­barous and wandering people into ſocie­ties and Cities, and inſtructed them in commodious arts, or conferred other be­nefits on them, as Saturn, Jupiter,De repub. l. 2. c. 1. Bac­chus, and Ceros; which as Bodin truly, in Jubilis poetarum, quam reipſa eſt illuſtrius, which is more illuſtrious by poetical fig­ments, than reall truths.

Neither were thoſe times according to their fictions, free from diſcords and di­gladiations; for Jupiter by force,Bod. meth. hiſt. c. 7. depri­ved his father of his Scepter, and was made famous for his parricides, libidi­nous eſcapes, and notorious inceſts: his brethren alſo by force attempted to break the frames of heaven, and hale him from his thundering throne; and Bacchus,Patric. l. Joves ſpurious impe, is affirmed to have firſt by force invaded and conquered the Eaſt In­dies. This was the impious and furious product of that golden and Halcyon agee and whereas divers otherwiſe exquiſi­tively learned, following the tract of Herodotus (as Juſtine, Cicero, and others)44 (who though for antiquity is ſtiled by Ci­cero,Alber. Gent. de armis Rom. f. 54. Bodin. Metho. hiſtor. f. 65 the father of Hiſtory, yet by ſome is called mendaciſſimus, the father of fables; and by Thucydides, Plutarch, and Diodorus cenſured in his Hiſtorie, to have reſpected elegancies and delights, more than truth and ſubſtance) conceive that in the He­roick times, Kings were firſt created by the ſuffrages of the people: whereas, it is impoſſible, in any ſmall ſociety, for all the people to agree, or hardly the major part, though they lived ſo peaceably as to referre all their variances and con­troverſies to one, whom ſervandae Juſtitiae cauſa,Cic. offic. l. 2. as Cicero, to do juſtice, they conſti­tuted a King, as they pretend, which ab­horreth from all probability and pra­ctice;Veriſſimus hiſtoria parens. Bodin. Thucid. lib. 1. for as Thucydides, the trueſt father of Hyſtorie relates, that a little before his time, there was ſo much barbarouſneſs, and ſavageneſs in Greece, that by Sea and Land they openly exerciſed theft and robbery: and Tully himſelf averreth, Ita rerum naturam tuliſſe, ut quodam tempore, homines per agros ac diſperſi vagarentur, tantumquehabernt, quantum manu ac viri­bus per caedem & vulnera accipere,Orat. pro. Sext. & reti­nere potuiſſent. That ſuch was the nature of things, that for a certain time, men being diſperſed, did wander up and down45 the fields, and had onely ſo much as they could ſnatch, and keep; which alſo in Caeſars time,Caeſars, com. was the condition of the Germans, who held Larceny no infamy, but uſed it as an exerciſe for their youth, to keep them from idleneſs; from which I conceive Mr. Hobs might collect, that the right of nature, is a condition of warre, of every one, againſt every one, and right of every man to every thing, even to anothers body; but if there ever were any ſuch plain and quiet times, as is conceived, yet were they proper onely to the firſt families, and of no long con­tinuance; which is evident by the Hiſtorie of Cain and Abel, and the murthering mind of Lamech: The voice of God alſo then teſtifying, that the imagination of the thoughts of mans heart,Geneſ. 6.5. was onely evill continually.

So as it is above belief, to conceive, that by the unanimous conſent of ſuch diſcrepant and diſordered perſons, a Prince or a Supream Soveraign ſhould be quietly elected; or otherwiſe, that ſuch rude and barbarous people, ſhould be re­duced to a civil Government, unleſs by force & power of a victor, which was firſt attempted and atchieved by Nimrod;Muſulus, chryſſtom. Cornelius à lapide, who as hath been premiſed, in vigor of body,46 and vertue of minde,Toſtatus, Mercer. Rivet. upon the 10. of Geneſ. ſurpaſſing others, by his humanity and benignity to diſtreſ­ſed perſons, gained to himſelf a potent party, by which he ſubdued his oppoſites, and erected a Monarchy, and which is perſpicuous, and received of all, that Nimrod was the firſt King and Monarch, becauſe as Toſtatus,In 10. Gen. quia nemi­nem in ſa­crilitteris legimus ante eum vegnaſſe. Caſ. Sph. in Ariſt. l. 3. c. 10. we read of none in the ſacred Scriptures, to have reigned be­fore him; Quid igitur (ſaith one, not ſu­perficially verſed in Politick principles) profanas hiſtorias quaero? Legimus in ſacris litteris, Nimrod alia via ſibi procuraſse impe­riū; venator enim robuſtus fuit populoſquevi, & ſceptro ſubaegit: why therefore do I ſeek profane Hiſtories? we read in the holy Writ, that Nimrod procured unto himſelf the Empire another way, for he was a mighty hunter, and ſubdued Nations by force and armes unto his Scepter; which alſo were the orgine and foundation of the viciſſitude of ſucceeding Empires, as of the Medes, Perſian, Greek, and Roman Empires, and lately of the Mahometan Turkiſh Dominion, all which had their ſource & riſe from their victorious arms. They therefore who trace the ſteps of the founders of Monarchy by ſuffrages, un­adviſedly conjecture, that the atchiev­ments and purchaſes of ſuch as win domi­nion47 by armes, are diſseiſins, rapins, tyran­nies or uſurpations; whereas they are the work and ordinance of God, who is the Lord of hoſtes, and naturally reign­eth over all by his might; for which rea­ſon, Nimrod is ſaid to be a mighty hunter befor the Lord,Coram Do­mino, quia rob accepit à Domino. Chryſ. Cor­nelius de lapide, in 10. Geneſ. Abenezra Paraeus, ib. Melchior Ca••s Dei nutu & bene placi­to. Corn. de lap, ib. and was not onely cal­led ſo, becauſe he excelled in might, but that he nutu & ductu Dei, by the divine im­pulſe and conduct, ſhould force the bar­barous and rude people into a civil life, and ſtoutly rule them by the power of the ſword, which is the ordinance of God, who onely hath power to give, and take away Kingdoms; with which, the peo­ples obedience muſt goe along and wait on Gods providence; and whom to reſiſt, though a Nebuchadnezar, were to fight a­gainſt Gods ſubſtitutes and ſervants, and by the word of God is rebellion; and it is an high preſumption to brand thoſe with the title of tyrants,2 Chron. 3.13. whom God honoureth with the name of his ſer­vants, and which title is not to be found in the Scriptures, by application to any Governour; and as Muſculus well obſer­veth on the aforeſaid text, the word Tyrant vulgarly ſignifieth nothing but a Mornarch, a Prince, or a King, which he ſaith is the moſt excellent kinde of Go­vernment,48 if it fall to a good man; and therefore is that place perverſly by ſome Expoſitors abuſed,In 10. Gen. Si cadit in virum bonum. who with the Anabaptiſts thence inferre dominion to be tyranny, and that it is not the ordi­nance of God; non coram Domino, ſed con­tra Dominum, contrary to the will of God, and minde of the people; where­as all power in it ſelf is of God, as Sa­muel ſaid to the Iſraelites,In ſe. Rivet. ib. Inſubjecto. ſee ye here, whom the Lord hath choſen: though in the ſubject it is not alwayes juſt and lawful for the abuſe of it, which turnes it into ty­ranny,Ariſt. 8. eth. c. 10. and is a vice proceeding aliunde from the malice of men, and as Ariſt. 〈…〉〈 in non-Latin alphabet 〉, a wick­ed King is a tyrant. Seneca ſpeaks excel­lently to the ſame purpoſe, that a Tyrant differs from a King,Senec. de clem. l. 1. c. 11, 12. factis, non nomine, not in name, but fact; ſpecies enim fortunae & licentiae par eſt, niſi quod tyranni ex voluptate ſaeviant, reges autem non niſi ex neceſſitate; for the form of their power and privi­ledge is all one, but that tyrants uſe ri­gor for their will and pleaſure, but Kings out of neceſſity or extremity.

And whereas, a tyrant is deſcribed by ſome, to be one who rules contrary to the will of the people; by that reaſon there ſhould be no Kings at all: for it is49 a popular, not a royall power, when the Common-weal is governed by the ar­bitrement of the people, and not a King; and by which rule, Moſes the moſt juſt and wiſe Prince, may be reputed to be the greateſt tyrant, becauſe he enjoyned, and prohibited, almoſt all things contra­ry to the will and mind of the peo­ple.

Vain alſo is the diſtinction; though God ordaine the power, yet he allows not the uſurpation; for he is the author of the one, as well as the other; nam Regnorum initia, incrementa, & caſus à Deo dependent; for the beginnings, encreaſe,Philo. and chances of Kingdoms depend upon God, which is particularly apparent in the confer­ring of the ten Tribes of Iſrael on Jerobo­am, which in it ſelf was an uſurpation, in the right of Rehoboam;1 Reg. 11.13 yet notwith­ſtanding, is it by holy Writ, declared to be Gods gift: and when Rehoboam had raiſed a mighty Army, to regain the ten Tribes of Iſrael from Ieroboam, he was de­terred from that expedition, by the Pro­phet Shemaiah, becauſe the Lord by him had demonſtrated himſelf to be the au­thor of that act; A me inquit factum eſt ver­bum hoc, for this thing ſaith he, is from me.


And in all the records and acts of our Laws, there is no mention of any uſur­pation, but onely of the Popes uſurped authority,28. Hen. 8. who went beyond his laſt, and paſtorall authority, to meddle with any royall juriſdiction; to which, the Church was alwayes ſubject: elſe it might have been declared, that William the Conque­rour was an uſurper; for Edgar was the right heir, and Stephen an uſurper, who as primus occupans,Baker. 66. Qua ex hoſtibus capiuntur, jure ſta­tim ca­pientium ſunt. Grot. De jure b. & p. l. 3. c. 5. Phil. Rud. ſect. c. 4. and by force procured himſelf to be King; and by the Law of war, whatſoever the Victor obtaineth, is his right: jus eſt in armis; and as Mr. Hobs, a ſure and irreſiſtible power con­ferreth the right of dominion and ruling over thoſe cannot reſiſt; and the Con­queror may by right compell the conque­red, unleſs he will chooſe to dye, or give caution of his future obedience, which is a juſt right and title, ſurmounting, and ſwallowing all other rights; as Suidas〈…〉〈 in non-Latin alphabet 〉:Camer. iuſtit. pol. l. 1. c. 4. There is no Law ſo potent, as the Law of armes; for whoſoever exceedeth in power, his commands and acts are e­ſteemed moſt juſt: and that is a good plea in the Court Martial of all Nations, a­gainſt all diſſeiſius, tyrannies, uſurpations,51 and all demands whatſoever, that it was obtained by battel and conqueſt; as when Solyman demanded Rome of the Pope,Clap. de arc. imp. l. 2. c. 13. de­claring that was unjuſtly alienated by Conſtantine the Great; the Pope did not urge the donation of Conſtantine to Pope Silveſter, but pleaded, Quod jam à tot an­nis contra omnem vim poſſidemus, ac ferro de­fendemus; That at this preſent, from ma­ny years, we poſſeſs it againſt all force, and by the ſword defend it.

Which anſwer the Venetians tranſver­ſim returned to the Pope, who requiring of them by what title they held the do­minion of the Seas, boldly proteſted, that they held it bello & victoria, by war and victory.

And this law ſaith the Philoſopher,〈…〉〈 in non-Latin alphabet 〉,1 Poſit. is a kinde of conſent and compact among all Nations, at which the Comaedian pointeth, diſcourſing of a pitch field.

Plaut.Convenit, utri victi ſint eo praelio,
Vrbem, agros, focos ſeque dederent.
It was agreed, that they who conquered flies,
Should yield their Cities, fields, and families.

For the Victor hath an univerſall, not a particular right,De jur. b & p. l. 3. c. 6. and that without any relation to the cauſe, but onely to the bare fact, ex quo jus oritur, ſaith Grotius, from whom the right ariſeth; and which is an eternall Law, and a cuſtome which hath been confirmed by the practice of all Nations, from Nimrod the great Hunter, to Ottaman the great ranger, and ſo will continue

Vſque dum Regnum obtinebit Jupiter Feretrius.
So long as the Lord of Hoſts ſhall reign.


1 In the beginning, the decrees of Princes were Laws.

2. Whether it be better to be ruled by a good Law, or a good man.

3. That ſecrecies of State properly ap­pertain to the Prince.

IN the beginning of Government, the wills and decrees of Princes were Laws,Juſt. l. 1. 53 So ſaith Juſtine of the Aſſyrian, Arbitria regum pro legibus erant:Juſt. l. 1. and of the A­thenian, Libido regum pro legibus erat, who for their approved moderation and equi­ty,Juſt. l. 2. were honoured and reverenced as ſpeaking Lawes, guiding themſelves and others by the law of nature, which they as Gods ſubjects are bound to obſerve, as well as their ſubjects them; and which, as Bodin, is Regina utriſqueimperans,Bodin. l. 3. c. 3. de re­pub. a Queen commanding them both; and a Lesbian rule, flexible every way according to the various contigences and viciſſitudes in every particular caſe, which makes it dubitable & diſputable, as it is propoun­ded by the Peripatetical diſputant,〈…〉〈 in non-Latin alphabet 〉Ariſt pol. l. 3. c. 12. whether it is better to be ruled by a good law, or a good man? who for the latter alledgeth this reaſon, That lawes cannot be given for thoſe things fall into debate, as contingent and future things, which defect upon e­mergent occaſions, may be ſupplied by the preſentary prudence of one good man. To which may be added that the Law is a mute rule, and a dead letter, whereas a good Prince is the life of a State, and a living law, whom all for his Majeſty are more apt and ready to obey: For which54 reaſon Anacharſis derided Solon, when he enterpriſed to make lawes, ſaying that it was ridiculous to conceive that the in­juries and ambitions of men would be reclaimed and reſtrained by mute and dead letters, which would not differ from ſpiders cobwebs, that detein the leſſer not the greater flies, out of which the potent and richer perſons would eaſily eſcape, as the Poet,

Dat veniam Corvis, vexat cenſurac o­lumbas.
Cenſure doth crows enlarge, and vexeth ſilly Doves.

Whereupon Plutarch in the life of So­lon relateth, That he by the conſtitution of his lawes, obtained not that happy end he expected, which arrogancy and inſo­lency is regulated and curbed by the majeſty and authority of a good Prince, whoſe will and edicts, the ſuperiour as well as the inferior will more readily obſerve and obey, eſpecially if they be correſpondent to the law of nature: According to which if we all live (as Sir John Davis,In his preface to hiepors a Preſident of the law, ac­knowledgeth) we ſhould need few lawes, and fewer Lawyers: Doe as you would55 be done to, would rule us all, and every mans conſcience would ſupply the place of both Advocate and Judge, which alſo, as Saluſt,In Catil. was anciently practiſed a­mong the Romans, Apud quos jus, bonumquenon magis legibus quam natura valebat, with whom nature more prevailed to do that which was right and good then law. And howſoever poſitive and municipal lawes being granted, whereby the Com­monweale may be governed by ſubordi­nate Officers, the Princes ſhoulders being of too narrow a compaſſe for ſo large a burden; yet to a Prince more peculiarly appertaineth the deliberation concerning ſecrecies of State, which reflect on the pre­ſent glory and ſafety of the Empire. Ti­berius callidiſſimus omnium Imperatorum,Bodin de rep. of all Emperors the craftieſt, referred pub­lique affairs to the cogniſance of the Se­nate; yet reſerved he jus & vim Imperii,Suet. the power and right of the Empire to his ſecret deliberation. Auguſtus alſo when he intended to conſult and deliberate a­bout the ſecret affaires of State, repaied to a private and cloſe place, which he cal­led Syracuſas, or〈…〉〈 in non-Latin alphabet 〉. Suet And the Em­perors generally had their〈…〉〈 in non-Latin alphabet 〉, the Councel-chamber, or Cabinet-councel, wherein they did ponder and56 diligently conſider〈…〉〈 in non-Latin alphabet 〉,Herodian. the ſecret and oc­cult occurrences concerning their ſafety: who alſo had their ſpecial Edicts, which they called peculiaria, & nova Edicta, pecu­liar & new Edicts, which were promulged upon extraordinary and unexpected oc­caſions, containing in them the vigour of Lawes. Not much unlike to our Prin­ces Edicts and Proclamations, which Mr. Pimm, the prudent and ſevere obſerver of paſſages of State,Pims Speech. ſtileth the great and moſt eminent power of a Prince, & the glorious beams of Majeſty, moſt rigorous in com­manding obedience and ſubjection; which are ſaid to be leges temporis, with which our Princes have uſed to encounter with ſuddain and unexpected dangers as would not endure ſo much delayes as aſſembling the great Councel of the Kingdom.



1. Empires are conſerved by Arms.

2. The Majeſty of a Prince is the ſafety of a State.

3. Guards are neceſſary for the ſafe­ty of a Prince.

4. And are not tyrannical, but Ba­ſilical.

5. Lawes are protected by Armes.

THe conſervation of an Empire is the maintenance of the Militia: For, Eodem modo quo quid conſtituitur conſerva­tur: And as Scaliger,Scal. de ſubt. Ex. 3. Conſervari refertur eidem authori, & principio; Every thing is conſerved by the ſame meanes, author, and principle it was firſt conſtituted; but Empires at the firſt were conſtituted by Arms, as hath been fully ſhewn, and therefore by Arms are to be conſerved, which Panſa and Hirtius in Paterculus re­ſolve, Quod principatus armis quaeſitus ar­mis tenendus eſt, That a Principality ac­quired by Armes, is to be reteined by Arms. For as Saluſt, Imperium iis facilè artibus retinetur quibus partum eſt,Ctil. An Em­pire58 is eaſily reteined by thoſe meanes it was obteined. And therefore the Strato­cratique and Military Empire is univer­ſally more laſting and permanent, be­cauſe by the power of Arms it is ſuſtain­ed, and maintained againſt forreign In­vaſions & inteſtine Seditions. For as Ariſto­tle,〈…〉〈 in non-Latin alphabet 〉, Ariſt. 7. Pol. c. 9. It is in their powers who are Maſters of the Militia, and have the management of Arms, to be a meanes to continue or not continue the ſtate of the Common-weal; which is confirmed by the practice of all Nations, and the aug­mentation and duration of all Empires,

Hor. 1. Ser. 8.Tempora ſi faſtoſquevelis evolvere mundi.

If you'l revolve the times and annals of the world.

And which at this preſent is more per­ſpicuouſly eminent in the great growth and conſtant conſervation of the Turkiſh Empire,Cm. in A­riſt. Pol. l. 3. c. 10. which as Camerarius, Confuſum ex diverſis nationibus, & militari manu conſervatum, ad maximam potentiam eve­ctum eſt, compoſed of divers Nations, and conſerved by Military force, is advanced to the greateſt power, and alſo to the59 higheſt Title, the Turk ſtiling himſelfe Imperatorum ter maximus,Bedi. de Repub. ſ. 192. Herb: H. 8. f. 337. and denying the name of Emperor to Charles the fifth, ſaying there was no Emperor in the world but himſelfe. To which height of dignity and immenſity, by the conſer­vation and augmentation of his Ianiſaries and other Military Forces he hath attain­ed, which he hath alwayes in a readineſs to defend himſelfe from Inſurrections at home, and to invade the Territories of the neereſt Princes abroad, to the conti­nual augmentation and duration of the Empire, which conſiſteth in the power of Armes,Plato ſcri­pſit intra ſepting. an. nos magnis rebus pub. definitam eſſe conver­ſionem. Annot. in Florum. Ariſto. and may by it be made Impe­perium ſine fine, if it continue invincible, which is not impoſſible through Gods aſ­ſiſtance, and mans providence: For the corruptions and converſions of Empires have not their viciſſitude from the reſult of time, and reſolve of Fate, as the Pla­toniſts and Stoicks did divine, but from external or internal force, which by the potent and vigilant power of Armes, the Divine power conniving, may be prevented.

It is the experimental obſervation of Auguſtus, Omnia quae praeclara ſunt, tum im­primis ſummum Imperium cum invidia con­junctum eſt,Clp. de art rep. l. 1. f. 1. All excellent things, eſpeci­ally60 the Supreme Power, is conjoyned with envy, which accompanied with am­bition and ſatiety of the preſent Gover­nour or Government, do frequently move many factious people to ſpurn at the Ma­jeſty of Authority, and to ſtudy new de­ſignes; who eaſily may (if no bar, or preventing obſtacle be interpoſed) lay violent hands on the Prince, and ſo di­ſturb & ſurprize the Commonweal:Curt. l. 8. For, Majeſtas Imperii ſalutis eſt tutela, The Ma­jeſty of the Empire is the protection of ſafety: For if the Majeſty of a Prince be not maintained, the ſafety of a State can­not continue, but will fall into diviſions and turbulent factions: For as Sir Ed­ward Cook, A Prince is caput & ſalus Rei­publicae, & à capite bona valetudo tranſit in omnes, The head and ſafety of a Com­monweal;Cook repo. l. 9. f. 124. and from the head health is conveyed to all. And for this cauſe is his perſon ſacred, that whoſoever offer­eth it violence, reus eſt laeſae Majeſtatis; & pereat unus ne pereant omnes; is guilty of high Treaſon, and let one ſuffer, rather then all periſh. And therefore doe all Lawes provide for the ſafety of a Prince, becauſe the ſafety of all depends on it: And though all power is of God, yet ought not a Prince to preſume onely on61 Gods providence for his protection, and rely on the reaſon of Antoninus, Si Divi­nitùs ipſi debetur Imperium, non poterimus ip­ſum interficere, etiamſi velimus, If the Em­pire was due to him by gift of God, we cannot deſtroy him if we would; nor on the reſolution of Veſpaſian, who admo­neſhed the Conſpirators of his life, that they ſhould deſiſt from treacheries; Si fa­to ipſis deberetur Imperium, ſi iis adjumen­to futurum, If the Empire ſhould be due to them by deſtiny, and that it would be an aſſiſtance to ſuch. Barcl. con­tra mo­narch. l. 3. c. 2. For the eternal o­pifex of all things from the origin of the world, would that all things ſhould ariſe and proceed from ſecond cauſes in a firm and conſtant order, whereas he is able of himſelfe, without any ordinary meanes, to produce all the effects of natural things; So would he that Kings and Em­perors be provident and circumſpect to uſe all ordinary meanes by Armes, or o­therwiſe to ſecure and guard their per­ſons: For as Cato, Vigilando, agendo, bene conſulendo, proſpere dii omnia concedunt:Saluſt. Ca­til. ubi ſocordiae & ignaviae te tradideris, nequa­quam Deos implores, irati infenſique ſunt; The Gods grant all things proſperouſly to thoſe who watch, act, and conſult wel; when that you ſhall give your ſelfe to62 negligence and idleneſſe, do not implore the Gods, they are angry and diſpleaſed. For as Solomon, The ſlothful man killeth himſelfe,Prov. 21.25. & 14.23. but in labour there is profit: Dii omnia laboribus vendunt, To which Gods power is alwayes and many times mira­culouſly aſſiſting, as it was to Sampſon, and David. And therefore have all Prin­ces ductu Dei, by Gods direction, uſed all diligence and the ordinary power of God for their preſervation, and fenced their Royal perſons with Military Forces, to prevent competition and conſpiracy: For as Livy, Parum tuta eſt ſine viribus Majeſtas, Majeſty without might is ſel­dom ſafe. Navius cals them regalis cor­poris cuſto­dias. ••vy.For which reaſon, Romulus in the beginning of his Royalty, ſelected 300. Light Horſemen for the cuſtody of his Royal body, whom he reteined tam pace quam bell, as well in peace as war; which ſolemn guard his Succeſſors con­ſtantly maintained. And Auguſtus in the beginning of the Empire, premoniſhed by the ſlaughter of Caeſar, armed with a coat of mail, guirded with a ſword, and guarded with military forces, repaired to the Senate, beſides the Praetorian co­horts which were continually in a readi­neſſe to prevent ſeditions; which provi­dent poſtures the ſucceeding Emperours63 obſerved; the which alſo at this preſent is practiſed by moſt Princes; And in En­gland was firſt inſtituted by Henry the ſe­venth,Bacon Hiſt. Henry. 7. whom Sir Francis Bacon graceth with the Elogy of a wiſe Prince, who made it to hold in ſucceſſion for ever. And more rare and ſingular was the pro­vidence of Maſſiniſsa, who, though he was fortified with fifty four valourous ſonnes, and ſtrengthned by the friendſhip of the Romans; yet as Valerius Maximus, Parum fidei in pectoribus hominum reponens,Val. M. l. 7. c. 3. repoſing little faith in the breſts of men, environed his perſon with a pack of dogs, placing moſt confidence in his Ʋlyſſean Guard.

And therefore was it juſtly accounted a State ſoleciſme in Caeſar, though other­wiſe in Military Diſcipline an exquiſite Grammarian; who, notwithſtanding he continued his perpetual Dictatorſhip, diſmiſſed the Praetorian cohorts, and careleſſe and fearleſſe of any perill, preſented himſelfe naked and open to the ſword of his Enemies. In which State-Criticiſme, Alexander, though an expert and skilful General, was fondly overſeen; who notwithſtanding he had diveſted Antipater of the Praefecture of Macedonia, Theſſalia, and Thracia, yet64 did he appoint Philippus and Jolas his ſons to be his cup-bearers,Curt. l. 10. Praegusta­tores. and foretaſters, a place of eminent truſt, and imminent pe­rill, whom Antipater ſuborned to take away his life by poyſon.

Neitheir is this State-policy a tyran­nical device, as ſome detractors from ma­jeſty affirm; for by the Iudgement of A­riſtotle a perſtringer of tyrants, a guard is as well baſilicall as tyrannicall;〈…〉〈 in non-Latin alphabet 〉, ſuch a guard is royal, and not tyrannical; and he putteth this difference between them,Ar. l. 3 po. c. 10. that the one is guarded by forreiners and ſtrangers, and the other by natives and Citizens; wherein Alexander alſo forget­ing his Maſters precepts, drew upon him­ſelf the ſuſpicion of tyrannie, in com­mitting the cuſtody of his perſon to the Perſians, which the Macedonians could not endure: Jactantes, as Juſtine, hoſtes ſuos in officium ſuum à rege ſubactos, that he had ſubſtituted their enemies in their places; with which exorbitancy the late King of England was charged,Declar. of Parl. May 22, 1644. for ha­ving a deſign to bring in Germane horſe, as a preſumption of tyranny. Other dif­ferences alſo the Philoſopher addeth, that a tyrant reſpects his potent power, and private commodities, and a King his65 Princely honour, and publick utility; that the one fortifieth himſelf to the de­ſtruction of the people, and the other to defend his perſon againſt conſpiracies, and to protect the people from injuries.

Armes are alſo neceſſary for the pro­tection of the Law, which as the Philoſo­pher,Ariſt. 1. Rhet. Poli. is〈…〉〈 in non-Latin alphabet 〉the ſafety of a City; and in another place, is more neceſ­ſary than bread, by which the people are ſuſtained and preſerved from the inju­ries of the unjuſt, as the Poet,

Hor. Jura inventa metu injuſti fa­teare neceſse eſt.
Who cannot but confeſs that
Laws firſt given were for
fear of the unjuſt?

Yet as a Lawyer ſaith, Lex otioſa eſt,Danaeus Aphor. f. 559 & in­utilis poteſtas, & quaſi Campana ſine piſtil­lo, The Law is a vain and uſeleſs power, and as it were a bell without a clapper, which yieldeth no ſound, and produceth no effect, unleſs it be impowered by the Prince and ſword, from which it recei­veth its life and authority; ſo ſaith the Apoſtolical Lawyer,Rom. 13 If thou doſt that is evill, be afraid; for he beareth not the ſword for nought. Armes and the ſword are the66 Protectors of the Laws, as their great Pro­tector Juſtinian declareth, who diſcour­ſing of their mutual aſſiſtance, putteth it down in his Inſtitutes: Illorum alterum alterius auxilio ſemper eguit, & tam res mili­tares legibus, quam ipſae leges armorum praeſidio ſervatae ſunt; The one hath al­wayes needed the others help; and as well military affairs are preſerved by the Laws, as the Laws by the protection of Armes;Mr. Pim. Ariſt. and herein doth the majeſty of a glorious Prince appear, that as he is the clear fountain of Juſtice, and guardian of the Law, ſo he ſhould protect them; for therefore are Kings called Cuſtodes legum,Caſ. 3. pol. c. 11. Wardens of 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:
Atſi 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; for68 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〈…〉〈 in non-Latin alphabet 〉, 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 rnowned of all the Emperors, as Tacitus in the69 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〈…〉〈 in non-Latin alphabet 〉, 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.



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,〈…〉〈 in non-Latin alphabet 〉, 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 by71 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,〈…〉〈 in non-Latin alphabet 〉: 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,〈…〉〈 in non-Latin alphabet 〉, as the National­ſo 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 the72 Trojans; and that before Caeſars expedition into France,Caeſar cm. 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,〈…〉〈 in non-Latin alphabet 〉. 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, &velti 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, the Hungarians from Aitila, Danes from Danus, the Suevians from Mugoſa, the Scots from Freguſius, and the Brittans from Brutus, to have de­rived73 and continued their Monarchies; which inſtinct by ſome is called jus natu­rale:Jus natu­rae eſt, quod commune eſt anima­libus. For what is common to all ſenſitive creatures, is ſaid to be the law of nature; & whatſoever beaſts act by natural inſti­gation, if the ſame be done by reaſonable creatures, is ſaid to be jure naturali: And ſo ſaith Seneca, Natura commenta eſt Re­gem, quod ex aliis animantibus, & apibus licet dignoſcere; Nature invented a King, which may be collected from Bees, and other animals, who in their herds, flocks and ſwarms, have a principal and leader. The Cranes, litterato ordine,Ariſt. de anim· c. 1. in a compo­ſed order have a Conductor, who, as Ari­ſtotle ſaith, agit & moderatur gregem, lea­deth and ordereth the flock; which is moſt remarkable in the wondrous oeconomy of the Bees, and their ſingular obſer­vance to the Majeſty of their Prince;Pliny l. 11. nat. hiſt. c. 17. of which Pliny fully, and the Mantuan Poet ſweetly,

Virg. Geor.Regem non ſic Aegyptus, & ingens
Lydia, n••populus Partho­rum,
aut Medus Hydaſpes obſervant.
Aegypt & Lydia do not ſo
obſerve their Kings,
Nor Medes, nor Perſian people,
as theſe humming things.

Who inſtructed them in this principle of Policie, but the Genius of Nature? which if it may not be properly cal­led a law, as Grotius believeth, becauſe reaſonable creatures are onely capable of it; yet as they have a ſhadow and reſem­blance of reaſon, may a law improperly be aſcribed to them; which by Geſſendus is called jus animale, the law of ſenſible creatures.

And it is Ariſtotles obſervation, that in all things which are cemented, and compoſed of many parts, and made〈…〉〈 in non-Latin alphabet 〉, Ariſt. l. 1. Pol. c. 3. a certain common thing, whether living or not living, there is a certaine principality: As in man, the minde, which is〈…〉〈 in non-Latin alphabet 〉, governing the affe­ctions: And in beaſts, as Tully ſaith, quid­dam ſimile menti, ſomething like unto the minde,Camerius ibidem. which ruleth and ordereth their appetites: As alſo in Vegetatives, and thoſe things which are produced out of the Earth, the Roots have the Principa­lity. So is it in things without life; As the Sun hath the principality of the Stars, and rules and governes their influences by his light; from whence the Civilians75 collect, that according to the courſe of nature, there is a principality in thoſe things which are not concrete, but〈…〉〈 in non-Latin alphabet 〉, onely conjoyned and obliged: as in a Flock a Shepherd, in an Army an Emperor, and in a Society a Gover­nor. To which, Alexanders anſwer to Darius, offering him part of his Empire, is not impertinent, Mundum d••bus ſoli­bus non poſse regi,Juſtin l. 11. nequeorbem ſumma regna terrarum habere; That the world could not be ruled by two Suns, nor the Earth ſafely have two great Kingdomes. And that of the Senators to Tiberius, pretend­ing to have the Empire divided, Ʋnum eſſe reipub. corpus,Tacit. An. & unius animo regen­dum, The body of the Commonweale is one, and ought by one ſoule to be ru­led. Rome could not brook two Twins, though Brothers: Eſau and Jacob were at variance in one womb: There is one Pilot in a ſhip, one Maſter in a family, one General in an army. And therefore as the Prince of Poets,

Hom. , b. 〈…〉〈 in non-Latin alphabet 〉.
The rule of many is not good,
Let there be then
One Ruler, or one King, to reign
the wills of men.

And the Prince of