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 P•aeterit 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.
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, & ſummâ 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 ordini•dictum, Specto tuae virtutis augmenta qui defero laudare principiae. Aeternum valeat Celſitudo veſtra, diuquepopulo Britanno interſis, praeſis, & proſis, quod faxit tutelaris ille Jehovah.
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.
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 ſpecific•t 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 never•ead 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.
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.
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?
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.
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.
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:
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 cap•as, & 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.
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.
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. & aluntur•lementis, 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.
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.
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.
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.
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.
Which conjoyned with induſtry and ſedulity, commonly produce rare effects.
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,
For it is not the glorious ſtemme of vertuous progenitors doth make men noble, unleſs they doe patriſsare in their vertues.
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.
The Law of property flows from the Spring of Nature.
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.
23Abraham and Lot travelling to a new Plantation, had their ſeveral goods and occupations. Adam was alſo in the ſtate of property; for there was one tree whereof he might not eat, in which he had no property: The eating of which,Mr. Askam of gover. f. 22. as Mr. Askam, was a ſinne againſt property, and therefore theft, theft being a breach of property; for no man can ſteal, but from the right owner. And the prime duties of the ſecond Table, which is convertible with the law of nature, are converſant about the right of property; for if women, and all things were in common, there would be no law againſt Adultery and Theft.
And for the preſent, according to the conſent of the Civilians,Thol. ſyn. P. un. l. 20. c. 2. Quae in nullius bonis ſunt, occupantium fiunt, What things ſoever appertain to none, be the occupants. As an Iſland borne in the the Sea, or a Continent diſcovered, cedant occupanti, give place to the occupant: A Relique of which remaineth in our Law: As if ceſtny pour l'autre vie dy before ceſtny que vie, whoſoever entereth firſt•fter his deceaſe ſhall enjoy the land by the title of an occupant: The ſubſtance of all which, accurate Geſſendus comprehendeth in one ſentence, Tol•atur omnis lex,De Phi••ſ. Ep. c. 1750. ſupereſt 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,A•iſtot. yet will they irreſiſtibly draw the hearer or conceiver into their conſent; by which we are inſtructed to abhor and ſhun thoſe vices which are offenſive to the Supream Juſtice: 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.
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.
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;
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,
The mighty would not permit the feeble to poſſeſſe thoſe things they had collected and occupied, but ranged with Brennus Motto in their mouths,
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.
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.
Juſtin. l. 6. de Lacedaemo•iis. 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 wea•er 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.
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,
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.
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 b•fore 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 Antiſthen•s 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 t•mper 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. Epi•ur. 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.
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 age•e 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, tantumquehaber•nt, 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;Muſ•ulus, chryſ•ſtom. 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 ſacri•litteris 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.
50And 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.
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
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,
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 hi••epor•s 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, repai•ed 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,C•til. 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,
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,C•m. 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,Cl•p. 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,
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.
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 r•nowned 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 Nation•alſo 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 c•m. 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, &•vel•ti 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,
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,
And the Prince of Philoſophers diſcourſing of the formes and ſpecies of government,Ariſt. Ethic. l. 8. c. 10. reſolves,〈…〉〈 in non-Latin alphabet 〉But of theſe Royalty is the beſt.
1. Monarchy is the cauſe of Concord, and Polyarchy of Diſcords.
2. The Events of both.
UNitas eſt Mater & Fundamentum Concordiae;Prid. Metaph. Unity is the Mother and Foundation of Concord; and the dominion of one more peaceable and quiet then that of many: For in many an unity is required to all Conſultations, Acts, Elections, which cannot ſo eaſily be obteined as by the reſult of one perſon, quia rarius ſecum unus quam multi inter ſe diſſident,Caſ. Sph. One doth more rarely differ with himſelfe, then many among themſelves: For among many, frequent diſſentions and debates ariſe; the wills of men being various and diſſonant.
And many Governors, as Bodin judiciouſly, though they know the truth,Bod. de repub. l. 8. c. 4 tamen invicem ſibi ſunt impedimento, yet are they obſtructive one to the other, and ſeverally biaſſed by their affections. And if we take an exact Survey of the inteſtine ſeditions which did teare and rent the bowels of the Roman State, few or none will appear in the Reigns of their Kings whilſt it was ſubject to the dominion of one. But after the extirpation of Royalty, dangerous diſcords did infeſt their State. The common people firſt in a furious ſit deperted from the City to the ſacred Mount, and could not be recalled until their debts were remitted, and Tribunes conſtituted with power to impede any proceedings in the Senate, which might be prejudicial to them; and grew to that hight of ambition, by vertue of their Tribunitial power, that nothing would content them but a parity and equality with the Patricians, and the Nobles; not much unlike to our late ambitious Levellers. Then the Tribunes elevated and animated with their negative power, pretending the benefit of the people, chiefly aimed at their own dominion, and were the cauſe of many turbulent commotions, which like Hydras78 heads, one being lopped, others inſtantly ſprouted up; of which the Gracchi, Apuleius, and Druſus were the principal actors, by whoſe daily ſeditions and rapins,Horus L. 3. c. 13. the Commonweale was much impoveriſ•ed and endangered, Juſtice violated, and the Treaſury exhauſted. Infinite were the diſtractions which moleſted their many-headed Government, whoſe particular repetition would ſtuffe a vaſt volume; as their ſocial and ſervile wars; the deſperate conſpiracies of Spartacus, Sertorious, and Cataline; the bloody and envious diſcords between Marius, Sylla, Cinna and Corbo; and the fatal wars between Pompey and Coeſar, Brutus, Caſſius; and Auguſtus; and afterwards between Antony, Lepidus, and Auguſtus.
It is the judgment of Seneca, Ibi ſemper eſt Victoria, ubi eſt Concordia; Concord and Victory are twins, and always march together, and with Caſtor and Pollux have79 divine ſucceſs. The Unanimity of ſeventy Graecian Princes at the laſt vanquiſhed the almoſt inexpugnable City of Troy, though the event was much retarded by the difference of Achilles: And whereas ten equal Commanders appointed ſeverally in their courſes to command in chief, were elected to encounter the confident and formidable Army of the Perſians, Ariſtides preſaging and perceiving the diſcords which from the diverſity of their Commanders might ariſe, through his ſage advice prevailed to have the whole charge conferred on Miltiades; by which union, and the powerful command of Miltiades, the famous Victory of Marathon was obteined: And the contentions between Themiſtocles and Euribiades had almoſt delivered the Iſtmique victory into the hands of the Perſians. The three Military Tribunes appointed by the Senate to beſiege Ʋeios, through their differences were diſgracefully defeated. The Sicilian Expedition was fruſtrated by the diſcords of Nicias and Alcibiades. The variances between Sempronius and Scipio precipitated the Thebaean Victory on Hannibal. The debate between Terentius and Paulus occaſioned the miſerable overthrow at Cannas, whence to eſcape by80 flight was a glory, ſo fiercely were they purſued.
And as ſmall and mean States have by their Union flouriſhed; ſo have mighty and glorious Commonweals through their ſtrifes fallen to ruine. Thucydides writes of Pyrocles, that ſo long as Athens was ruled by him, it flouriſhed; but through the difference of the Praetorian Officers it did run to ruine. Horat. ed.Ruit & ipſa Roma viribus ſuis, And Rome certainly had by their civil broiles been conſumed, had not their divided State been happily reduced to the dominion of one. Tacitus An. 1.When the Turk had beſieged Cyprus, and the Pope, the King of Spain, and the Venetian had ſent a mighty Navy to its relief, the Captains by the way diſagreeing, ſtaid at Crete whilſt the Turk took the Town: whereupon Turſelinus truly collects,Turſeli. hiſt l. Quod Turca ſemper diſcordiis noſtris creſcit, That the Turk alwayes encreaſeth by our diſcords,Luc. l. 1. Quae populos ſemper merſere potentes.81And may be the ruine of Chriſtendome, as they were of Carthage, which ſtood in competition with the Romans for the dominion of the world; yet were they through their diviſions ſubdued,Patric. de princip. f. 513. and compelled to ſerve that people they otherwiſe might have ſubjected; which alſo were the cauſe of the ſubjecting the Britans to the Romans,Vita Agric. as Tacitus impartially relates, deſcribing their condition, Quod Principes factionibus, & ſtudiis trahuntur, in commune non conſultant; ita dum ſinguli pugnant, univerſi vincuntur; That their Princes were drawn, and divided by their factions and affections, and never conſulted in common, inſomuch as whilſt they fight ſeverally, they are univerſally overcome.
1. That Civil Wars can hardly be compoſed, but by the revolution of the Government to one perſon.
2. The neceſſity of Caeſars and Auguſtus acceptation of the Empire, to whom his Highneſs condition, and neceſſary occaſions of taking upon him the Government, is fitly compared, with other pertinent paſſages.
Barc. contra Mo. l. 44. IT is the Animadverſion of Dio, a man of exquiſite Learning and long experience, That if any Commonweale hath ſometimes flouriſhed under a popular government, it continued ſo long until it had attained to the heighth of its greatneſſe: Then from its proſperity did ariſe ambition, envy, and from them contentions and civil diſſentions, which can hardly be compoſed but by the devolution of the Empire to one Governor, as83 Clapmere acutely obſerveth; Seditiones, & bella civilia componi vix poſſunt niſi Imperio ad unum devoluto:Clap. de arc. Imp. ff. 77. Which is confirmed by the Oracle of Apollo, whom the Phrygians, almoſt conſumed by inteſtine ſeditions, conſulted how and by what meanes they might put a period to them, who were by it adviſed, and anſwered, Regi diſcordiis opus eſſe,Juſt. l. 11. That they had need of a King to appeaſe their diſcords: which afterwards was proſperouſly effected by Gordius their allotted and deputed King, by whoſe prudence and proweſſe, peace and concord were eſtabliſhed. And the Polonians from Lechus were ruled by Kings for the ſpace of one hundred and fifty yeares; but the Royal Iſſue failing,Joannes Herbert l. the Supreme Power was conveyed unto twelve perſons, who in the beginning made ſome fair proof of their juſt Government; but in proceſſe of time, they being carried away with ambition, and a ſordid deſire of amplifying their private fortunes, ſo diſturbed the Commonweal with their diſcords, that a lamentable Ataxy of all things had enſued, and the diſſolution or the State, unleſſe it had been maturely prevented by the reduction of the Government to the power of one perſon. But more illuſtrious84 is this experiment in the various viciſſitude of the Roman State, which by degrees had run through all forms of government; yet at the laſt, through their continual ſeditions, and as Tacitus, ob certamen potentium, by the conflicts and conteſts of the potent, it was ſo torne and racked with convulſive diſtractions, that it had utterly been ruined, if it had not been miraculouſly reduced by the invincible power of Caeſar and Auguſtus to the Supremacy of one Prince. So the great Stateſman Tacitus, Neque aliud diſcordantis patriae remedium fuit,Ann. l. 1. quam ſi ab uno ſolo regeretur; Neither was there any other remedy for that diſcordant Nation, than that it ſhould be ruled by one. The which alſo Cicero, though a profeſſed Patron of Polyarchy, was at the laſt forced to acknowledge;L. 1. de nat. Deo. Quod is eſſet reipub. ſtatus, ut eam unius conſilio & cura gubernari neceſſe eſt; That ſuch was the ſtate of the Commonweal, that of neceſſity it muſt be governed by the councel and care of one. And therefore was Caeſar, as Plutarch affirmeth,Vit. Caeſar. created perpetuus dictator, hoping thereby ab inteſtinis diſcordiis reſpirare, to breath from their inteſtine diſcords; for which reaſon his barbarous ſlaughter was condemned as a deteſtable85 parricide, and of a dangerous conſequence to the State,Clap. de arc. Imp. l. 5. c. 19. Patri. de Princip. l. 1. tit. 13. new Civil Wars thereupon enſuing, which Caeſar propheſied of himſelf, Non tam ſua quam reipublicae intereſse ut ſalvus fieret; That it reflected not ſo much upon his own good as the welfare of the Commonweal, that he ſhould be ſafe; which Dio, Tacitus, and Pomponius alſo averre, Quod ita evenit, ut neceſse eſſet reipub. per unum tantum conſuli; That it ſo fell out, as that it was neceſſary for the Commonweale to be ſwayed by the advice of one alone: And therefore did the divine vengeance purſue that inhumane ſlaughter, not any of the Aſſaſſinates long ſurviving, but every one of them within the ſpace of three years periſhing moſt miſerably by the purſuit and proweſſe of Auguſtus, who,Plut. vita Caeſaris. as Tranquillus, Omnium bellorum initium & cauſam hinc ſumpſit, nihil convenientius ducens,Vit. Aug. quam necem avunculi vindicare, tueriqueacta, From thence did ground the cauſe and beginning of all the wars, deeming nothing more convenient then to vindicate the ſlaughter of his Uncle, and to defend his Acts. Which after he had happily effected, perceiving, as Tacitus, Vt pacis intereſset omnium poteſtatem ad unum conferri;Ann. 1. That it appertained to peace86 to have the power of all conferred on one, under the name of a Prince, took upon him the Empire; Diſtractions in a State being dolores &〈…〉〈 in non-Latin alphabet 〉, pains and pangs of one labouring for delivery, and in the end bringing forth〈…〉〈 in non-Latin alphabet 〉, one and a great one. Such an one was Caeſar, Qui continuo ſeditiones intiſtinas compreſſit,Patric. de Princ. l. 1. t. 13. & pacem non modò urbi, ſed etiam Italiae, & univerſo terrarum orbi praebuit; Who preſently ſuppreſſed inteſtine ſeditions, and did make and give peace not onely to the City and Italy, but to all the world. Such a one was Auguſtus, Qui (as Florus) ſapientiâ ſuâ, & ſolertiâ perculſum undique & perturbatum ornavit Imperii corpus,Flo. l. 4 c. 4 quod haud dubio ita coire & conſentire non potuiſset, niſi unius praeſidis nutu quaeſi anima, mentequeregeretur: who by his wiſedome and care reduced into order the confuſed and disjoynted body of the Empire, which without doubt could never have conſented and come together, unleſſe it had been by the will and prudence of one preſident, as by one ſoul and minde.
And ſuch an one is our Prince, a Caeſar for valour, Auguſtus for fortune, and for proweſſe and prudence ſecond to neither: whoſe noble acts are engraven in the late perillous and epidemical wars,87 ſpread over the Territories of three Nations; wherein he was conſtantly a principal Actor, and a perpetual Victor: Hoſtis ubique, & ſemper Victor. By whoſe valourous vertue England was quieted, Ireland ſettled,De Iure Reg. apud Scotes. and Scotland ſubdued and brought under ſubjection; which from two thouſand years before, as Buchanan brags, was liberum regnum ab externarum Gentium Imperio, A Kingdome free from the dominion of Forrein Nations. And as Edward the firſt was called Malleus Scotorum, the Mauler of the Scots, ſo may Oliver the firſt be ſtiled Scotorum Domitor, The Conqueror of the Scots.
But after the fury of the war was allayed by his invincible vertue, all diſcords ceaſed, as after a tempeſtuous ſtorm the winds become calm and pleaſant: Though not long after many inſolencies and corruptions began to reign in the Senate, ayming at an arbitrary perpetuity to act what it pleaſed, and propoſing to themſelves private reſpects before the peoples profit, which was the juſt cauſe of its diſſolution. And afterwards that an hopeful Aſſembly was convocated & conſtituted; wherein, contrary to the expectation of the beſt, more pernicious abſurdities and dangerous errours did88 ſprout up, to the depravation of the true Religion, and ſubverſion of the Civil Government, which worthily wrought its diſſipation and aſſignment: All which are more exactly and amply deciphered in that judicious Tractate intitled, The Caſe of the Cowmonweale ſtated as now it ſtandeth by a Protector. Then the generous and ingenuous ſpirit of our General, inſtigated by the importunity of neceſſity, and at the entreaty of divers perſons of honour and quality, and chief Officers of the Army, with the approbation of the chief Magiſtrates of this Commonweale, and divers other Gentlemen, Citizens, and perſons of worth, under the name of a Protector did take upon him the Government, as well for the proſperity and tranquillity of the turbulent and diſtempered State, as alſo for the ſafety and dignity of his own perſon, being enviouſly undermined by ſome ambitious perſons, as Caeſar was by Pompey, and Auguſtus by Antony. Cook Rep. D was C ſe.Foelix neceſſitas quae ad meliora conducit; Happy is the neceſſity which produceth better things: And happy thoſe who ſtudious of the publique good are ſheltered under his protection, by whoſe providence are received more commodious and bleſſed89 things: Inſomuch as what was was ſaid of Auguſtus upon the like occaſion, may aptly be applied to his preſent condition, Nunquam pacis facultas, tantaque omnium copia affluxit,Patric. de princ. l. 1. c. 13. quantum ſuppeditavit ille poſtquam Imperii habenas accepit; Never ſo much freedome of peace and plenty of all things did abound, as he hath given and miniſtred ſince he took upon him the reines of the Empire. Our ſwords fat with ſlaughters, and our lands lean with plunderings, are turned into profitable ſiths, and fertile plowſhares; peace is within our gates, and plenteouſneſſe within our palaces, every one ſitting under his own Vine and Figtree, without fear or dread of any Enemy: Ʋt non ſolum, as Tully in the ſame ſenſe, ii quibus natura ſenſum dedit, ſed etiam tecta & agri mihi laetari videantur; As not onely creatures to whom nature hath given ſenſe, but the houſes and fields alſo ſeem to rejoyce.
And, which exceeded the expectation of the Sageſt, hath his Highneſſe through the divine aſſiſtance, and humane providence, quelled the high and mighty Maſters of the Seas, and by his magnanimous**Blake, Monk, and Pen. Vantrump. quaſi d•as Maris. Argonautes calmed the fury of the maritine & raging * Belgian Tritons; who,90 maugre the mountainous waves and tempeſtuous winds,Auguſtus invito Neptuno dixit ſe victoriam adepturum. Tranq. invito Neptuno, engaged themſelves to gain the Victory; the which at the laſt, after many horrid and diſmal conflicts, was obtained, and the confident Aſſailants compelled to lore their reſolutions, and ſtoop to their antient homage and fealty, ſubmitting themſelves to glorious & laudable conditions of peace; for which noble & famous act he meriteth to be ſtiled Imperator Oceani, as Queen Elizabeth was Regina Oceani:Canba. vit. Eliz. By whoſe example, and fame of his vertue, divers Forrein Potentates, auditu modo cogniti, known unto him onely by report, have been invited to ſeek his amity. Whoſe prudence in his courteous comport, and equal tranſactions of peace, may ſeem to parallel, if not tranſcend his skilful ſtratagems in war; Tam belli, paciſqueartibus longè clariſſimus;Turſelinus. as it was ſaid of the Emperor Probus: for which his fame will live,
As long as the Sun, Moon and Earth endureth; and which are able to wreſt Elogies out of reluctant and refractory ſpirits.
91Yet ſuch is the condition of Principality, that it is commonly accompanied with hatred and envy.
And our pious Aeneas wants no malignant and envious conſpirators; but this is no wonder or terror to his undaunted and invincible minde, well knowing rancour to be the proſecutor of honour. Hercules after his unparalleld labours,
Who out of malice vent their venome againſt thoſe, whoſe memory, if deceaſed, they would honour.
It was the ſtout reply of Queen Katherine to Wolſey,Godw hiſt. He 1.8. Quid eſt tam firmum quod invidia non auſit oppugnare? What is ſo92 firm that envy dare not aſſault? Alexander was not free from Conſpiracies, neither could Caeſar eſcape them, and hardly Auguſtus; who as Suetonius, Ne ultimae quidem ſortis hominum conſpiratione & periculo caruit; wanted not the dangerous conſpiracies of the meaner ſort of men; Yet he was ſo circumſpect, that he diſcovered and ſuppreſſed all their plots, priuſquam invaleſcerent, before they were of any growth, or mature: Even ſo fareth it with our Auguſtus, a circumſpect and vigilant obſerver of malignants and male-contents; who alſo is ſo well reſpected of the Sager and melior party, as Auguſtus was, that he wants not Inquiſitors to ſearch into their ſecret treacheries, which are alwayes in their birth detected, and ſuffocated in their infancy, Et in herbâ oppreſsae. Oculeus totus.Beſides, the All-ey'd Speculator of the Univerſe ſurveyeth all their imaginations, and will not permit them to proſper in their impious machinations, but to weave and work their own deſtructions, and to fall headlong into that fatal pit they prepared for others.
And it was the ſentence of Cicero; Quem diſcordiae,Cic. Phylip. quem civile bellum delectant, ex numero hominum ejiciendum, ex finibus humanae naturae exterminandum; Whom diſcord and civil war delight, let him be caſt out of the number of men, and baniſhed the bounds of humanity. But what need he fear whom the Lord of Hoſts favours? Me thinks I hear the Lord encourage him as he did his ſervant Joſhua,Joſh. 1.9. Be ſtrong and of good courage; be not afraid, nor be diſmayd; For the Lord thy God is with thee whitherſoever thou goeſt.
All Governments turn to Monarchy, from whence they came.
MOnarchy was from the beginning; Et primum in unoquoquegenere, eſt cauſa reliquorume ejudem generis, & that which is the94 firſt in the ſame kinde, is the cauſe of all the reſt of the ſame kinde; and as Monarchy was the firſt Government, ſo all other Governments are derived of it, and returne to it, as the principles of things to one cauſe, and the rivers to one Sea: For whereas, through the Tyranny of Princes, commotions of the ambitious, or mobility of the people, Monarchy is ſometimes changed into Polyarchy, and never ceaſeth untill it falleth to the loweſt, as the Poet,Si paulo ſummo deceſſit, vergit ad imum;Which is apparent in the various viciſſitudes of States, and eſpecially in the Roman; which after the expulſion of royalty, never reſted untill it had run through all the formes of regiments, from Conſuls to Decemviri, from Decemviri to Conſuls and Tribunes, and ſometimes to Dictators, or Triumviri; yet in concluſion, after the various triall of them all; they have been enforced to have recourſe to the principality of Monarchy: for though the ſplendor of Monarchy for a ſeaſon, through the interpoſition of ſeditious objects be eclipſed, and its prerogative obſcured, yet will it by degrees break forth into it's majeſty, and in it's Meridian and Throne ſeem more95 glorious. The Athenian Democracy had it's fate, and the Roman Common-weale it's period; all in the end ſubſcribing to Monarchy, the worlds prime dignity: all Nations acknowledge this verity;Jun.Noverunt Mauri, atque Indi.
And though there be ſome revolted States, which vaile not to this principality, yet are there but few,
Here one, or there one, in compariſon not conſiderable, and in probability not perpetual; the great Turk gaping for Venice, and the Catholick King for the Netherlands, two of the ſtrongeſt; though Buchanan ſtileth the Duke of Venice nihil aliud quam legitimus Rex,De J. reg. S•o. nothing elſe but a lawful King; and another doubts whether Venice ſine duce floreat:Caſ. Joh. 201. and Daniel Eremita denieth Helvetia to be a Common-weal, becauſe it is mercenary, which96 is auctoramentum ſervitutis,Deſcr. Helvet. f. 512. a ſign of ſervitude; for he is not free ſaith he, qui arma, vitamque non propriae virtuti, ſed aliorum commodis emancipavit, who ſubjecteth his armes and life to the commodity of others, and not to his own virtue.
1. The Counſel of one is more ſecret; and ſecrecy is the ſafety of a State.
2. The providence of one is more ſpeedy, and active, and leſs ſubject to dangerous delays.
3. One is leſs ſubject to corruption, and is ſooner ſatisfied than many.
MAny arguments offer themſelves in defence of Monarchy; ſome of which in ſo clear a caſe I omit, leſt I might ſeem candelam accendere in meridie; and will only touch thoſe are moſt material.
1. The Counſell of one is more ſecret and effectual; for though in a multitude of Councellors there be ſafety, yet in the conduct of State affairs, eſpecially in Martiall, wherein ſecrecy and ſpeed are97 eſſentially requiſite, a number of Counſellors is an incubrance. Scipio, contrary to the decree of the Senate, tranſported his Legions from Sicily into Africa: Et niſi plus in ea re ſuo,Val. Max. l. 8. c. 17. quam Patrum ſcriptorum conſilio credidiſſet, ſecundi belli Punici finis inventus non fuiſset: And if in that Expedition he had not beleived his own Counſel rather then the Senates, an end of the ſecond Punicque war had not been found. And it is a ſafe rule, Quod fieri debet, cum multis; quod facturus es, cum pauciſſimis; What ought to be done, conſult with many; but what you are to doe, communicate to few, for fear of diſcovery: For ſecrecy of councel is the ſafety of a State, which conſtantly produceth happy events: As Tacitus, Primum & praecipuum eorum quae ad faelicem exitum requiruntur eſt ſilere:Ann. 3. The firſt and chiefeſt thing of thoſe that are required to an happy end, is ſilence. No man knew where Scipio marched but C. Laelius:Admovis annulum Labiis Curt. And Alexander imparting letters of ſecreſie to Epheſtion, ſealed up his lips with his ring: And it is Seneca's counſel, Alium ſilere ſi vis, prius ſile; If you will have another ſilent, ſay nothing to him:
2. The providence of one is more ſpeedy and active, which in all affaires is98 moſt available; for commonly the opportunity of the deſign cannot brooke delayes.
If Themiſtocles and Ariſtides, Scipio and Fabius Maximus had ſpent their opportunity in Ratiocinations, when the peril was eminent, the enemy had ſurprized them ere they had concluded what to act. Celeritas in conficiendo was one of the Elogies of Pompey the Great, which Curtius principally aſcribeth to Alexander, and Suetonius to Caeſar, who were ſo ſuddaine in their exploites, that Juſtin relates of Alexander, Ʋt quem venire non ſenſerunnt, videre vix crederent; That whom they perceived not to come, they ſcarcely believed to ſee him when he was come: And Florus of Caeſar, Ante victum eſſe hoſtem quàm viſum: That the enemy was overcome before he was ſeen.
3. It is more facile to finde one good man then many, and leſſe ſubject to corruption or avarice! Rari quippe boni; Whereas many are more impious and ravenous,99 ever ſucking and never ſatisfied. Though among the Romans there were ſevere Lawes againſt corruption, and bribery; yet prevailed they little with the Senate and people: for which Jugurth opbraided them with this Sarcarſme. O urbem venalem, & mature perituramſi emptorem invenerit; O mercenary and corrupt City, which ſoon would periſh if it ſhould finde a Chapman: And Marius well experienced in their conditions, brought into the Common Court buſhels of Silver to purchaſe the peoples Suffrages; for which reaſon Plato calleth the popular Government of the Athenians Nundinas venales, merchandizing Marts,Synt. Ʋae. Jur. l. 47. c. 15. wherein poverty and ignorance ſo prevailed, that what they did vote one day, they altered the other; as within one day they condemned and abſolved the Mytelenians. Wherefore as Tholoſanus, it is more tolerable to live under the Dominion of one, then of many, and to bear what Taxes, and Subſidies ſhall by him be impoſed; becauſe the neceſſity of one is ſoone ſatisfied, whereas the neceſſity of many is inſatible; who if they ſhould be ſatisfied one after another, the ſubſtance of the State might be exhauſted. The witty fable of Aeſop is not impertinent to this100 purpoſe:Ariſt. Rhet. ad Alex. c. 20 who faineth a Fox ſwimming over a River to fall into a pitfal, out of which for a long ſpace being unable to extricate herſelfe, many Dog-flyes ſeiſed on her and ſucked out her blood: whoſe miſery the Hedge-hogge pittying, offered to pull off thoſe Flyes; but the Fox refuſed it, ſaying, that thoſe Flyes being full did draw little blood; whom being pulled off, many hungerſtarved ones would ſucceed, and ſuck out all the blood remaining: The which they know to be true by practice, who are experienced in the mutations of many Governors. It is therefore more eligible and profitable to have one blood-ſucker rather then many, one Tyrant rather then more; for as Geſſendus,De Philo. Epi. c. f. 1648. In polyarchia ſunt tyranni plures, in Oligarohia pauci, in Monarchia unus; ergo ex peſſimis melior. In the government of many there are many Tyrants, in the goverment of a few are few, in the government of one but one: And therefore of the worſe the better, and conſequently of the better the beſt: for Contrariorum eadem eſt ratio: which Patricius though he lived under the Senate and people of Siena,De Mon. & Ariſt l. 1. Tel. 1. ingenouſly acknowledgeth; with whoſe ſweet ſentence I will ſhut up this Section, Quid enim ſuavius aut magis optandum101 mortalibus, quam ſub optimo rege, & principe privatam agere vitam ſine injuria, & populi ambitione: What is more ſweet, or more to be deſired of mortals then to to lead a private life under a very good King and Prince, without injury, or ambition of the people?
1. The end of Government.
2. What Civil Liberty is.
3. Good Princes are the peoples Servants: and to live under ſuch is the onely Liberty.
THe foundation, and conſervation of Empires and Government being premiſed, the end is to be inferred, which as the Philoſopher, is cauſa cauſarum,3. Met. c. 2. becauſe all things are for it.
The end then of Government is the peoples felicity:Ariſt. 7. Pol. c. 2. and that government is beſt, according to whoſe ordinances〈…〉〈 in non-Latin alphabet 〉, every one may live happily: which happineſſe as Cicero, conſiſts in theſe two things, in their Protection, and in their Procuration of convenient102 neceſſaries:Tull. off. 1. Ʋt enimtutela, ſic procuratio reipub. ad utilitatem eorum qui commiſſi ſunt, non ad eorum quibus commiſſa eſt, gerendae eſt. For as the Protection, ſo the Procuration of the Commonweale is to be managed to the utility of thoſe who are committed to its charge, and not to the utility of thoſe to whom it is committed. And herein ſaith the Philoſopher, the excellency of a Prince ſhineth, that he hath a care of his Subjects. 〈…〉〈 in non-Latin alphabet 〉,Ariſt. 8. Eth. c. 11. that they may do well; as a Paſtor hath of his Flock: hence ſaith he, Homer called Agamemnon〈…〉〈 in non-Latin alphabet 〉the the Paſtor of the people: for which reaſon alſo Kings were antiently called Abimelech, that is pater meus; and lately by the Romans patres patriae, Fathers of their Countries for their paternal Procuration,L. 1. de repub. c. 1. and provident tuition, as by Seneca tutores ſtatus publici: The Greecians ſtiled them〈…〉〈 in non-Latin alphabet 〉quaſi〈…〉〈 in non-Latin alphabet 〉,Barcl. l. 1. contra Monarc f. 206. quod ſint baſis & firmamentum populi: becauſe they be the foundation, and ſtability of the people; & columen populi, and their ſupporters. Jun. Brut.Sir Edward Cook calleth the Kinge of England Sponſus regni, the Spouſe of the Kingdome, who by the Ceremony of a Ring was wont to be married to the Kingdome; intimating thereby the love103 and care Princes ought to have and bear to their Spouſe and State: and further addeth that Kings are ex officio to govern and preſerve their people: which is the eſſential difference the Philoſopher putteth between a King, and a Tyrant;Ariſt. 8. Eth. c. 10. for a Tyrant ſaith he, propoſeth〈…〉〈 in non-Latin alphabet 〉what is profitable to him ſelfe, but a King〈…〉〈 in non-Latin alphabet 〉, what is commodious to his ſubjects, whom Buchunan ſeconds,De Jur. reg. apud Scotoi. ſaying: Qui ſibi gerunt imperium, non reipub. utilitati, qui regnum non dei donum, ſed praedam oblatam credunt, tyranni ſunt, & Dei & omnium hoſtes: who govern for their own good, & not for the good of the Commonweale, who believe a Kingdome not to be the gift of God, but an adventitial booty are Tyrants and enemies of God and all men.
And as the end of Government is the peoples felicity; ſo the felicity of a Prince conſiſteth in the felicity of the people, as Grotius:Grot. d. I. b. and p. 4. 92. Imperatoris felicitas in ſubditorum felicitate conſiſtit: And therefore are Tyrants certainly much diſtempered in their judgements, who by impoveriſhing and oppreſſing their Subjects produce their own ruine: for it is the Princes profit to preſerve his people; and the want of people is the deſtruction of a104 Prince. Prov. 14.28.Sint quibus imperet.
2. A Prince therfore〈…〉〈 in non-Latin alphabet 〉, ſaith the Philoſopher,Ariſt. 8. Eth. c. 11. if good, hath a paſtoral care of his Subjects: and as Bodin, Subditorum libertatem et rerum dominia aeque ac ſua tuetur,De Rep. l. •. c. 3. defendeth the Liberty of the Subject, and property of their ſubſtance, as his own: And this kinde of Government is called by Ariſtotle〈…〉〈 in non-Latin alphabet 〉:Ariſt. 8. Pol. c. 5. De Jure regni apud Sco. Civil, and〈…〉〈 in non-Latin alphabet 〉of freemen; and as Buchanan, eſt niter liberos principatus a principality among Freemen: and is therefore called Civil Liberty, or the Liberty of the Subject by which the right and liberty of the Subject is protected, and preſerved; and in this ſenſe is Nerva ſaid Conjunxiſſe libertatem & principatum, to have conjoyned liberty and principality, which is a mean between an abrupt ſervice under the Dominion of a Tyrant, and diſſolute licentiouſneſſe, not much differing from an Ataxy, nor unlike unto the Parthians,Clap. de arc. Imp. l. 3. c. 3. Siluſt. Cal. 4. H•st. who lived at randome, magis ſine domino quam in libertate, or as the Aborigines, Genus hominum agreſte, ſine imperio liberum, & ſilutum, a wilde kinde of people living looſely and freely without Government: But as Tacitus, Optimis principibus modus libertatis placet. To the beſt Princes the mean of Liberty is moſt pleaſing:105 and ſo to rule their ſubjects by reaſon and law, that they do live civilly without injury, and enjoy quietly their properties, and liberty. Geſſendus diſcourſeth exquiſitely of the O•igine and Nature of this Liberty. Men at the firſt being ſubject to none,De phil. Epi c. f. 463. but living as they liſt, many debates, and diſſentions intervened, that no man could aſſure any thing for his own uſe, but that another might ſnatch it from him: Neque poſſit dici libertus cum tot interveniant obſtacula: vnde efficitur vera naturaliſque libertas deprehenditur potius in ſocietate, in quâ modo quis pareat, ſocietatiſque legibus in commodum ſuum approbatis, agit quod ſupereſt quicquid lubet, & jus habet in bona propria, quae nomo poteſt capere propter publicam poteſtatem. Neither can this be called Liberty, becauſe ſo many obſtacles interpoſe: Hence it is inferred that true Natural Liberty is rather to be found in a Society: In which ſo as one obey, and approve the Lawes of the Society for his own good, whatſoever remaineth he may diſpoſe at his pleaſure, and hath right to his proper goods, which no man can take from him by reaſon of the publicke power. So as true Natural Liberty is not to be found but in a Society, Commonweale, or Empire: whi•h106 is the Social and Civil Liberty, free onely from Service, Rapine, and Injury.
As the Philoſopher:〈…〉〈 in non-Latin alphabet 〉, For it ought not to be reputed ſervice but ſafety, to live under the Government of a Commonweale, or Civil State: and as the Poet of a Prince,
And another to the ſame ſenſe.
But I have rowled this ſtone long enough, and will conclude this point with the compleat diſcription of Heremita Belga,De Helv. repub. Illa demum vera eſt libertas, quae ſub patrocinio ductuque principis, à vicinorum107 incurſu tuta, liberé ſuis fruitur bonis: That onely is true Liberty which under the direction and protection of a Prince is ſafe from forrein incurſions, and freely enjoyeth his Eſtate.
3. And if we weigh in equal Ballance the condition of a good Prince, with the quality of a loyal ſubject, ſervice may••ly and truly be aſcribed to them both: Princeps enim, as Joannes as Saſburienſis,De nug. Cur. l. •. c. 1. in eo praefertur caeteris, quod cum ſinguli teneantur ad ſingula, principi onera imminent univerſa: For a Prince in this is prefered before others, that whereas they are tyed to ſeveral duties, the univerſal burden depends on the Prince: and another to that purpoſe: Nec rex à populo magis differt, quam ut majora onera ferre,Jun. Brut. ac plura pericula obire teneatur: Neither doth a King in more differ from the people, then that he is bound to bear greater burdens, and undergoe greater dangers: An Empire is onus as well as honos, or onus honorarium; A burden ſweetned with honour, and ſo ponderous as Saules ſhoulders were unable, and Diocleſians unwilling to bear: & which Davids ſhoulders though equal to Goliahs, ſtooped under; for Princes browes are girded with a Crown of Thorns as well as a Crown of Gold. Homer induceth108 Agamemnon complaining of the greivances of a Prince in this manner:Patric. de Pric. f. 275. Vitae noſtrae dominam multiudiuem ſortiti ſumus, turbaeque omnino inſervire cogimur: We have taken upon us the charge of a multitude, which is Lord of our life, and are altogether compelled to ſerve the multitude; which moved Tiberius when he accepted the Empire, to exclaime oneroſam ſibi injungi ſervitutem; that a burdenous ſervice was enjoyned him.
Antigonus at the beſt eſteemed a Crown but a noble ſervice, who obſerving his Son to inſult over a Subject, rebuked him, ſaying: Annon noſti regnum noſtrum nobile eſſe ſervitium? Know you not that our Kingdome is a noble ſervice? It was wiſe Counſel was given to Rehoboam: If thou wilt be their ſervant to day, they will be thy ſervants for ever.
Jun. Brut.To rule well then is not Immanitas, but munus; non vacatio, ſed vocatio; non licentia, ſed publica ſervitus: not a priviledge, but an office,Lib. de Civit. dei. Qui aliorum utilitati nonſulunt, ii vere ſerviunt. not a vacation, but a vocation, not a private licenſe, but a publick ſervice, which Auguſtine proveth by an infallible argument, That whoſoever doth provide for the utility of others, doth truly ſerve them; who rule well provide for the utility others; therefore who rule well109 do truly ſerve them: And it is the Philoſophers, that a right Prince ought〈…〉〈 in non-Latin alphabet 〉, to reſpect and have a care of the Common good; and ſuch a Prince, ſaith he, ruleth rightly, and ſuch Commonweales muſt need be right. Lipſ. polit?Lipſius ſtileth an Empire ſo governed Verum & legitimum imperium; and Cicero Iuſtum, & legitimum imperium, a right, juſt, true, and lawful government, which is undertaken, and ordered for the good and utility of the people: And he is a right, juſt, true and lawful Governor, who chiefly caſteth his eye on the publick good, and believeth that onely to be lawful in his government, which he believeth to be expedient for the ſubject:Si ea libenter feceris quae velles alium facere ſi ejus imperio ſubjectus eſſes. Clap l. 3. c. 3. 5. De arc. imp. Epiphonema. And it was Mecoenas advice to Auguſtus, that a Prince could erre in nothing, if he did thoſe things willingly, that he would have another doe, if he were ſubject to his Empire.
Great Caeſars, it is a grand burden you bear on your ſhoulders, your glory is ſhort, and mixt with peril: for it is a true Apothegme, that he that will command many, muſt contend with many; be right, true, juſt, and lawful Princes.
Ariſt. l. 5. Eth. c. 1. vid. Ricob. Ibid.Learn juſtice, which conteineth in it all virtue, and is the Royal Princes virtue: as admirable as Heſperus, & Lucifer, ſaith the Philoſopher, and as glorious as the Sun, ſaith Picolominy; which is ordained for preſervation of the Commonweale, as the Sun for the conſervation of the Univerſe; with which being armed and adorned, ye may rule the people in equity, and protect them in their rights and properties, without any inteſtine diſturbance, or forreigne inſolence: The glory and utility of the Nation being the ambitious ſcope of the princely Dignity.
1. Taxes are neceſſary in a Commonweale, or Empire.
2. A Moderation in their impoſition to be obſerved.
3. Eſpecially in the beginning of Government.
AS Armes are neceſſary for the conſervation of an Empire; ſo are Taxes neceſſary for the proviſion of Armes, without which they can neither be, or act. According to the golden Sorites of111 Tacitus Nam neque quies gentium ſine armis,Hyſt. l. 4. neque arma ſine ſtipendiis, neque ſtipendia ſine tributis haberi queant. For neither the quiet of Nations can be had without armes, nor armes without pay, nor pay without Tribute: which is paid for the fruition of peace, that the people may ſafely in quiet poſſeſſe their Eſtates: So the Apoſtle,Rom. 13. For this cauſe alſo pay you Tribute; for they are Gods miniſters attending continually on this very thing; which Auguſtine expoundeth, Ʋt neceſſarium militi ſtipendium praebeatur, That neceſſary ſtipend be paid unto the Souldier; by which the Militia is maintained, and peace and quiet preſerved:2 Ki•. 9.12. For which reaſon Solomon impoſed Tributes, to fortifie Men and Cities: And our Saviour Chriſt commanded Tribute to be paid, and paid it himſelfe to Caeſar: yet was it an arbitrary Taxe, and the production of an Arbitrary power. And as Curtius, pecuniae ſunt nervi belli, monies are the Nerves of War; and as men cannot walk without Sinews, no more can Military men march without money, Quarum ob defectum ſaepius armaè mànibus excutiuntur, a•t frigide tractantur: for the defect of which armes are often daſhed out of our hands,Scorb. pol. 12. or weakly handled: For though as Machiavel, valour112 is the principal cauſe of Military ſucceſſe, yet are monyes the inſtrumental; And as Cicero, adjumenta belli: by which the action of the principal agent is compleated. Nero upon the importunate ſupplications of the people was moved to aboliſh Tributes, and Taxes, glorying therein, Quod pulcherrimum donum mortalibus daret: That he ſhould confer a goodly guift on the people: of which the Senate having notice,Tac. hiſt. l. 13. by their ſage advice diverted him from his intention, Diſſolutionem imperii docendo, ſi fructus quibus reſpub. ſuſtineretur, diminuerentur: Inſtructing him that the deſolation of the Empire would enſue, if the revenues by which it ſhould be ſuſtained,Flo. l. 3. were diminiſhed. And therefore doth Florus call them patrimonium reipub. the inheritance of a Commonweale by which it is ſuſtained and maintained: which Publicola an honourer of the people well knew,Tholoſan. Synt. Ju. Ʋniv l. 3. c. 2. who augmented the publick Treaſury by the people, for the good of the people and Commonweale; And which for the utility of it he called Sanctum aerarium,Summus ille adminiſtrandae Reipub. Magiſter. A Sacred Treaſury; and it, but in caſe of neceſſity, to diminiſh was Sacriledge: VVhence Cicero the great Maſter of the Roman Commonweale, inferreth this113 concluſion,Cic. Ep. ad Q. fratrem. Cum enim Imperium ſine vectigalibus nullo modo retineri poſſit, aequo animo cives parte aliqua ſuorum fructuum pacem ſibi aeternam & otium redimere poſſunt; Seeing therefore Empires can by no meanes be reteined without Tributes and Taxes, the people ought with a contented minde to purchaſe their eternal peace and quiet with ſome part of their revenues: For as Joannes Sarisburienſis,De nugis Curi. l. 4. c. 6. Populo nihil utilius quam ut principis neceſſitas ſuppleatur, Nothing is more profitable to the people, then that the Princes neceſſity be ſupplied. And though it is urged by ſome factious perſons, that it is an unjuſt act in any Prince upon any occaſion to force the people to part from any part of their property; yet in favorem Reipub.Clap. de arc. Imp. f. 115. for the benefit and emolument of the Commonweale it is to be allowed and approved; for God ſeldome giveth any good things in this life which are free from all evils: As the Poet truely,
And therefore that we may have the fruition of ſuch publique bleſſings, we ought quietly to bear with ſuch private diſcommodities.
Which was the reſolve of Levinus Conſul of Rome;Liv. d. 16. Quod reſpub. incolumis privatas res facile praeſtat; publica perdendo tua nequicquam ſerves: The Commonweale being ſafe, preſerves your private ſubſtance ſafe; but being ſpoiled, your goods cannot be ſafe.
In the impoſition of tributes and taxes a moderation is to be obſerved, and not with heavy and unnecſſary taxations, to exaſperate the minds of the people: For as Taiitus,3. Hiſtor. we have ſeen many Princes, pecuniis acerbe conquirendis, plus ſibi invidiae, quam virium addidiſſe, by the bitter acquiſition of monies to have gained115 more envy then power. 5 Pol. c. 6. Perablationes rerum conjuratioones inſtituuntur. Turſelinus.And as the Philoſopher, by taking away the goods of the people, conjurations have often been invented, by which many good Princes have been moleſted, and others ruined. Auguſtus, ſo called for his ſanctity, by impoſing a new and grievous tax on the Libertines, that they ſhould bring into the Treaſury the eighth part of their Eſtates, was the cauſe, as Dio ſaith, of Tumults, ſlaughters, and burning many houſes; and, as the ſame Author writeth,Lib. 56. was compelled to remit the military taxation of the 20th part, which he laid on the inheritances and legacies of ſuch ſucceſſors and poſſeſſors as were not next of kin, becauſe it ſeemed grievous and intolerable to the people. And it was a dangerous overſight in Henry the ſeventh, otherwiſe a wiſe Prince, who, as Sir Francis Bacon, cruſhed his treaſure out of his ſubjects purſes, caring not to plume the Nobility and people to feather himſelfe; for which Perkins in his Proclamations opbraided him; and which incited the Corniſh men to take up Armes againſt him,Bacon Hen. 7. who with their confident forces did ſhake the frame of his greatneſſe, which in all probability might have fal•en to the ground, had not fortune taken his part: Who, as the116 ſame Author ſaith, was grown ſuch a partner with fortune, that none could tel what actions the one, and what the other owned: The Cataſtrophe of Dionyſius is famous,Juſtino. who was ſlain by his ſubjects for his intolerable taxes, having by them within five yeares ſpace exhauſted the wealth of Syracuſa:Tholoſ. Synt. Jur. Ʋniv. l. 3. c. 4. And Parthenius, who was the Founder of new impoſitions among the Franconians, was by them ſtoned to death: And what was the principal cauſe of the revolt of the Netherlands from the Catholique King, but the immenſe and unſufferable taxations impoſed on them by the Duke of Alva? who exacted the tenth part of their vendible goods; by which device in a ſhort ſpace he had almoſt ſwallowed up all the Merchants Eſtates,Bodin de Repub. they uſing to ſell the ſame thing ten times over in a ſmall time.
Quanto rectior Trajanus? who, for his good government might almoſt be preferred before all the Roman Emperors,Qui ita geſſit Imperium, ut omnibus prope Romanis Imperatoribus praefertur. Turſelinus. and eſpecially for his proteſtation againſt extreme exactions; who compared the publike Treaſury to the Spleen, by whoſe exceſſive increaſe and ſwelling, the other parts of the Politick body did conſume & languiſh: Contrary to the conceit of Richeleus, who reſembled the French to Columbus117 geeſe, out of whom the old feathers being plucked, new ones would grow up the faſter. But Adrian, the Succeſſor of Trajan, both for juſtice & goodneſſe, ſo governed the Empire, Ʋt ſciat populi rem eſſe non propriam, & ſuam, That he conceived it to be the peoples Weale, not properly his own. Ludovici pii Regis Galliae. Bod. de rep. f. 767. A golden precious Legacy was it of a dying King to his ſucceeding Son; A vectigalibus & tributis abſtineto, niſi te ſumma vis neceſſitatis, & utilitatis publicae juſtiſſima cauſa ad hoc impellit; Abſtain from Subſidies and Tributes, unleſſe the exceeding force of neceſſity, or a very juſt cauſe of publique utility compell thee thereunto. For if it could be, that the ſafety and glory of a State might conſiſt without extraordinary taxes, the ſubjects would be more happy, and alſo the Princes.
The moderate indiction of Tribute is eſpecially to be practiſed by a Prince in the beginning of his Government: As Tacitus, Novum Imperium inchoantibus utilem eſſe clementiae famam, That the report of clemency is profitable to thoſe have newly taken upon them the Empire; which Germanicus wiſely obſerved, who, after he had reduced Cappadocia into the form of a Province, diminiſhed ſome of118 the Imperial taxes, Quo mitius Romanum Imperium ſperaretur,Ann. 2. whereby they might expect from the Romans a milder government.
Which policy Mithridates neglected, and is for it cenſured by Tacitus, acriorem fuiſse, quam novo Imperio conduceret to have been more ſharp, then conduced to the ſettlement of a new Empire: wherein Rehoboam alſo erred; who, upon the Inauguration into his Royalty, did not hearken to the ſupplications of the Iſraelites concerning the diminution of their grievous taxes as heavy burdens.
1. The knowledge of God, and worſhip of God, are coincident and inſeparable.
2. Religion is the gift of God, and not the invention of man.
3. Religion is the foundation of Humane Society.
4. Thoſe Empires flouriſhed beſt, were moſt addicted to Religion.
SOme put a difference between Religion and Piety; as if Piety ſhould denotate the knowledge of God, and Religion the Worſhip of God; the one being Practicall, that God is to be worſhipped; the other Theoricall, that118 there is a God; which are promiſcuouſly uſed, but indeed coincident and inſeparable; for the Godhead being granted, worſhip doth neceſſarily follow, Habet enim venerationem juſtam quod excellit;Cic. de Nat. Deor. l. 1. for whatſoever excelleth hath his due worſhip, either civill, or religious.
Religion is not a ſubtile invention of the creature, nor organum politicum, a States Figment, or Political Engine, as Matchavel feigneth, forged only to temper and quiet the minds of men in the times of peace, or to incite and ſtir up their affections in the times of war; but it is a divine gift ſhed into the ſouls of men, and ſo naturally rooted in the heart of man,Phil. Morn. l. 1. de vera religione. that it can with leſſe difficulty be extracted out of the heart, then the heart out of the body.
It is a Coeleſtiall Chain whereby God is linkt to man, and one man to another, and is derived à religando, from binding, which ſignifieth all the offices of piety by which we are bound to God and our Neighbours;Cicero. for which it is ſaid to be Fundamentum Humanae Societatis, the Foundation of Humane Society, by whoſe precepts and religious offices men are united together in a Society, and conjoyned in peace and amity, which are the119 foundation and conſervation of a Common-weal, which cauſed Romulus the Founder of the City, and Empire of Rome, to begin his Empire by divine predictions, as old Ennius,Ennius.Auguſto augurio poſtquam inclyta condita Roma eſt.
And Numa Pompilius his Succeſſor,Flor. ob inclytam viri Religionem, for his integrity in Religion, was by the Romans requeſted to accept the Empire, who by Religion and Juſtice, did ſway and keep a Martiall and fierce people in peace and concord, which are the two Pillars of a State, without which it cannot ſtand; as the Poet truly,
All which are comprehended under the notion of Religion, as Bodin exquiſitely,De Rep. f. 798. Ab ea enim ſubditorum fides in principes, obedientia erga Magistratus, pietas in Parentes,120 charitas in ſingulos, justitia in omnes pendent: For from it depends the loyalty of Subjects towards their Prince, their obedience towards Magiſtracy, piety towards parents, charity towards every one, and Juſtice towards all; whence it ariſeth, that thoſe Empires flouriſhed beſt were moſt addicted to piety. The Roman without queſtion was the moſt magnificent and glorious Empire the Sun ever ſhined on, and for its ſpacious extent above compare: As the Poet,
Romanae ſpatium eſt urbis & orbis idem. Vid. 2. F.Which as it ſurmounted all others in excellency, ſo yet exceedeth all others in piety, aſcribing all their Noble Acts to the Divine Power, believing thereby to gain the Government of humane things: As Ʋalerius Maximus. L. 1.Ita humanarum rerum futura regimina exiſtimantia, ſi Divinae Potentiae bene fuiſſent famulata: And which they obtained through their unfeigned devotion in Religion, Hac enim121 ſola Romana gens totum terrarum orbem ſubegit:Scorbon. Pol. l. 11. c. 11. For by this alone the Roman Nation ſubdued the whole world. Which Augustine alſo conceived, Qui exiſtimavit auctum à Deo Imperium Romanum, quod cordi illis fuerat Religio, licet falſa; Who believed that the Roman Empire was augmented by God,Grot. de Jur. bel. & pa. fo. 408. becauſe they did heartily reverence Religion, though a falſe one. Of which Lactantius giveth the reaſon, Quia licet ſummum hominis officium non reipſa, tamen propoſito tenerent. Though they did not really apprehend the chief duty of man, yet had they a purpoſe ſo to do; for a willing mind availeth much with God. 2 Cor. 8.2.
In the next rank to the Roman Empire, for its exceeding greatneſſe, may be placed the Mahometan, out of whoſe aſhes and ruine it firſt did ſprout, and for its vaſt magnitude and immenſe power, may be ſecond to it,Europ. Spec. f. 208. being much larger then all the Territories of the Chriſtian Princes, embracing, as it is eſteemed, eight thouſand miles in Land, and of Sea as many; whence their Prince is commonly called the Great Turk, and ſtiled Imperator ter Maximus, the very greateſt Emperour; which Empire, at this day, is the greateſt the earth ever122 bare, except the Romane; and continually doth his half Moon encreaſe, and likely ſtill ſo to do, unleſs the Chriſtian diſcords do decreaſe, he being ambitions, and vigilant upon any ſuch opportunity to invade any Nation neer him,Europ. Spec. and that for his very exerciſe to keep the ſouldiers in action abroad, and to avoid tumults at home.
And as the Romans were, ſo are they, wondrous religious and devout in the exerciſe of their Religion: The Sultan reverently reſpecting the Prieſts, and attempting nothing without the advice of his Mufty. The people alſo being attentive and obſervant to their Miniſters, and are ſo fervently zealous in their offices, and duties of piety and charity, that if we truly weigh,In his admonition to the Alcaron. ſaith Mr. Roſſe, their juſtice, temperance, and other morall vertues, we may well bluſh at our coldneſſe in devotion and charity, and neglect of vertuous actions, for which it may juſtly be feared, that thoſe men will riſe up in judgement againſt us; And further addeth, that ſurely their devout piety and works of mercy, are a main cauſe of the growth of Mahometiſme and the Turkiſh Empire.
The Romane and Turkiſh Empires permitted the exerciſe of divers Religions, without any preſſure of conſcience, unleſſe they entrenched on the principles of State or civility; and the objection anſwered, that among the Infidels many errors did bear with one another, and that truth cannot ſtand with error.
THough the Romans abounded in the multiplicity of Gods, yet permitted they all of what Nation ſoever to worſhip any of them, without reſtraint or preſſure of mind; ſo as the exerciſe of their Religion did not entrench upon the principles of State or Civil Government. And ſuch a reverent eſteem had they of ſtrange Gods, as when they beſieged any Town,Godw. by certain enchanting prayers they would call them out, becauſe otherwiſe they believed it a matter impoſſible to captivate the City.
The Jewes were much favoured by Auguſtus, to whom he not only opened124 the fountains of his bounty, but enjoyned them to offer perpetuall Sacrifices at his own expences for the ſafety of himſelf and Common-weal. Sueton. Tac. l. 2. Ann. Huic calamitati occaſionem fraudes praebuiſſe tectas nomine religionis. Lipſ. ibid. Sueton. vit. Cl.But Tiberius for their frauds and uncleanneſs, covered with the Cloak of Religion, fired their religious veſtments, confined thouſands of their youths to the Iſland of Sardinia, and prohibited the reſt.
And Claudius Caeſar expelled them the City for their continuall Commotions, impulſion of Chriſt, moved by the confidence of Chriſts coming, from whom they expected a temporall Kingdome, as they now do.
Tiberius alſo incited by ſuch uncivill inſolencies removed the Egyptians out of Rome, who were, as Adrian the Emperour deſcribeth them, Genus hominum ſeditiotiſſimum,Crinit. de honeſt. diſciplina l. 12. c. 1. vaniſſimum, & injurioſiſſimum, a moſt ſeditious kind of people, moſt vain, and moſt injurious. Claudius utterly aboliſhed the Religion of the Druides (which under Auguſtus,Suet. was only interdicted the Citizens) becauſe it was dirae immanitatis,Caeſar Com. de bello Gallic. a Religion of inhumane cruelty, and profaned their Altars with humane Hoſts, ſacrificing their living friends, and clients to the ſoules of the deceaſed: otherwiſe all ſects, of125 what Religion ſoever, with their ceremonies, were allowed their private exerciſes, whom the Aediles,Bodin. de Repub. whoſe charge was to have a care of the true worſhip of the Roman Gods, were not to moleſt.
And as the Romans, ſo do the Mahometans alſo condiſcend to the free exerciſe of all Religions, and ſuffer all ſtrangers, of what quality ſoever, to live according to their ſeverall Religions,Clapmer de art. Imperii. whether Roman, Perſian, Greek, or Aethiopian; inſomuch as Solyman, of all the Turks moſt famous for his moderation and mild Government, could not be induced, though importuned by the ardent requeſts of many, to force any religious Perſon to the precepts of the Alcaron; whether it was by reaſon of the Doctrine of Elharus, by whom the Turks were perſwaded, that the Religions of all men were acceptable and pleaſing to God,Bod. de Repub. f 740. quae à pura mente proficiſcuntur, which proceed from a pure minde, or elſe did deem it a barbarous act to impoſe violence on reſolved minds, but rather by gentle and mild means to draw their affections to their Conſtitutions;Bod. ib. for which reaſon ſome of the Chriſtians are ſuccoured by the Turks charitable largitions: Alſo that they pray heartily every126 day in their temples,In his admonition to the Alcoran. that the Chriſtians may embrace their Alcoran, and becom their Proſelites, as M. Roſs relateth.
But here is another objection to be refelled,Tholoſ. Jur. univ. f. 368. which is ſtrongly preſſed, That liberty of Religion among infidells might with leſſe perill be permitted, becauſe their religions were erroneous, & ſaepe errores plures ſe compatiuntur, and often many errors do beare one with another; but truth cannot ſtand with error; which experience convinceth of falſhood. For among the Romans the Religion of the Jewes was permitted, which then was the true Religion: and afterward there were many Chriſtians in Rome, of whom Paul was one, which then was the true Religion, who were ſo far from oppoſition, that they profeſſed themſelves ſubject to that power, and made prayers and ſupplications for it. So are there among the Turks many Chriſtians who are true profeſſors of the Goſpel, and live peaceably without any reluctancy. And wheras it is averred, that truth cannot ſtand with error: the oppoſite is manifeſt: for among the Jewes there were divers Sects, Scribes, Phariſes, Eſſaes, and Sadduces, of which that of the Sadduces was notoriouſly erroneous, denying the reſurrection127 of the dead; yet lived they under one Government, and were admitted to one Temple.
Among the Chriſtians alſo there always were ſome errors. Peter denied the calling of the Gentiles, which Paul preached,Gal. 2.11. yet were they both Apoſtles and Coadjutors in the Church: And in the Church of Corinth there were divers errors concerning the Doctrine of Baptiſm,1 Cor. 1.13. yet were they of one Congregation. The ſelected Apoſtle determineth this doubt, who upon ſuch differences reſolveth the Corinthians,1 Cor. 11.19. that there muſt be hereſies, which from the plantation of the Church have been, and ſo ſhall continue unto the harveſt, the envious man alwayes ſowing tares among the wheat, which by our Saviours rule are not to be plucked up, leſt you root up the wheat alſo.
That religious liberty was practiſed in the Primitive times among Chriſtians, and in after-ages permitted by many Chriſtian Princes.
AS liberty of Religion was permitted by the greateſt Heathen Emperors, ſo was it allowed by the moſt prudent Chriſtian Princes:Bodin. de Repub. l. 4. c. 7. For if we ſurvey the ſtate of the Church as it was in its minority before the conſtitution of Chriſtian Princes, it will appear that in Tertullians time there were one hundred and twenty ſeverall ſects in the Chriſtian Church, and every one permitted the exerciſe of their ſeverall profeſſions without any diſturbance or diſcord: And afterwards, whenas under Theodoſius raign there chiefly flouriſhed in the Church two ſects,Nihil eſt periculofius quam in duſas ſententias ſ•indi civitatem. Bodin. de rep. f. 743. Catholikes and Arrians, which number, by the judgement of Bodin, is more obnoxious to civill diſſentions, then that of many; for one by nature is contrary to one, and not many to one; ſo as when many differ among themſelves, certain means are interjected between the extreme129 contraries, which makes them leſs perilous, and more peaceable; yet did the prudence of Theodoſius ſo moderate and temper them, that they by his Edicts were induced quietly to practiſe their ſeverall Religions; and though all the Provinces were full of Arrians,Perpiu. ut nullus fuit angulus orbis terrae, ubi non fuerint Arriani de bacchati, that there was no corner of the earth where there were not raving Arrians, yet did the moderate Emperour abſtain from coercive violence, and uſed only pious and gentle means to reclaim them, and eſpecially by maintaining the Councell of Nice, and educating and inſtructing his iſſue and Alliance in the Catholique Religion, having therein good hope, that they in time might be drawn to follow his Royall and pious example; by which mild and godly means he by degrees did attenuate and enervate the vigour of that numerous and furious Sect, and prevailed more with his goodneſs and clemency, then all the Arrian Princes did with their ſeverity or cruelty; for which Athanaſius, who by them was thruſt into exile, inveigheth againſt them, for that they uſed the judicial power againſt thoſe contradicted them, & whom they could not perſwade by argument,130 they laboured by ſtripes and impriſonment to hale unto them.Grot. de J. B. & P. f. 78. Atqueita inquit, ſeipſam, quàm ſit pia, & Dei cultrix, oſtendit. And therein, ſaith he, their religion manifeſteth it ſelf how pious and godly it is: alluding to that place of the Apoſtle,Galat. as Grotius conceiveth, where it is ſaid, But as then he that is born of the fleſh perſecuted him that is born of the ſpirit, even ſo is it now. Theodoric a prudent and valiant Prince, though otherwiſe cenſured for his cruelty, extended his goodneſſe and indulgence to the divided Chriſtians then differing in opinions: and gave them free licence to profeſſe their ſeverall religions without any interdiction; which liberty of religion is at this day allowed in Tranſilvania, Valachia, and the remains of Hungary, with Poland: of which it is ſaid, If any one hath loſt his religion, let him ſeek it in Poland, and there he ſhall be ſure to find it:Europ. ſpec. f. 159 And it was a worthy ſaying of Stephen King of Poland, That God had reſerved two things unto himſelf, in which he cannot have his equall, Ex nihilo aliquid facere, & dominari conſcientiis, To make ſomething of nothing, and command conſciences.
So Maximilian, that famous Emperour131 maintained this Doctrine, that it was an intolerable tyranny to domineer over mens conſciences; and it was his advice to Henry the third, King of France, that there was no ſin ſo great as to force mens conſciences.
And Charles the fifth his Succeſſor, though of a contrary opinion, yet permitted he the Religion of the Auguſtane Confeſſion in all Countryes, Cities,Sleyden. and places of the Empire, and commanded that all the aſſociates of that Religion ſhould peaceably uſe, and freely enjoy their eſtates, poſſeſſions, requiſites and priviledges, and afterwards by advice of his Theologues imployed thoſe of that Religion in his military affaires, whom he called his black Bands.
And Henry the third King of France, (after many civill wars and bloody maſſacres, occaſioned by the enthralling of devout conſciences, in which were forty thouſand Hugonets miſerably ſlaughtered) obſerving,Jeam. de Seris. that notwithſtanding their holy leagues, and dubious battells, the Hugonets ſtill prevailed, learned this leſſon, Que le bras, & le chaire ne peuvent forrer les ames; Que les maux ſpirituelles requirent remedes ſpirituelles, que la foy ne ſe plante point avec violence aux132 caeurs des homes. That the arme and fleſh cannot force minds, that ſpirituall maladies require ſpirituall remedies, that faith doth not plant it ſelf by violence in the hearts of men; for which reaſon he granted to the Hugonets freedome and liberty of conſcience; to which the Divine Reſolve of the late Parliament of England, &c. may be annexed, contained in their Declaration in anſwer to the Letters of the Scotch Commiſſioners, Feb. 17. 1648. As for the truth and power of Religion, it being a thing intrinſecate between God and the ſoul, and the matter of Faith in the Goſpell being ſuch as no naturall light can reach unto, we conceive there is no humane power of coercion thereunto, not to reſtrain men from believing what God ſuffers their judgements to be perſwaded of.
1 Liberty is either external, or corporeal, and may be forced; or internal, and mental, and cannot be compelled.
2 Our Saviour compelled none to receive his Doctrine, and his Diſciples had no Commiſsion to command, but to teach and inſtruct.
3 It is Irreligion and tyranny to force the conſciences of men.
THe power of doing what one will, is the liberty oppoſite to ſervitude; and is external, and poſſible to be forced. The liberty which is〈…〉〈 in non-Latin alphabet 〉, within us,Ar. l. 1. de An. G•ffend. ne philof. Epicur. in f. 1594. as Epicurus, is internal in the will and mind, and is〈…〉〈 in non-Latin alphabet 〉impatible; Quod adeò ſolum ſit verè liberum ut impediri perturbariquenullatenus queat; which alone is ſo truly free, that it can by no means be impeded or moleſted. The ſoul is invulnerable and impregnable, and cannot be conquered or inſlaved; which cauſed ſome to ſcorn death; as among the Heathens, Cato, Antony, Cleopatra, Brutus, Caſſius,134 and many more; and among Chriſtians, the glorious Army of Martyrs, who triumphed over death.
Currius of Alexander.The mind of man is by arms invincible, and was not conquered by the great Conqueror, who could not imperare animis & linguis. And only by ratiocination and argument it may be convinced, or by conſent or belief perſwaded; for Liberty of Conſcience is a natural right; & therefore our Saviour compelled none to receive his Doctrine;Grotius. but est Dominus non cogens, he is not a conſtraining Lord, but committing his liberty to the will, ſaid publiquely to all, If any man will come after me; and to his Apoſtles, Will ye alſo go away? And his Diſciples were not Commanders, but Inſtructers and Teachers, which was their Commiſſion: Compulſion and terrene penalties are out of his Juriſdiction, whoſe Kingdome was not of this world, which he acknowledgeth, not only in ſpeech, but in practice; for when the Diſciples would have commanded fire from heaven to have conſumed the Samaritans,Luk. 9.36. he rebuked them: And when he was apprehended by the Chief Prieſts and Elders,Mat. 26.53. he could have commanded legions of Angels, but would not. It is Irreligion to take away the liberty135 of Religion. So Tertullian,Clap. de act. imp. f. 139. ad irreligioſitatis elogium concurrit: This concurreth to the commendation of Irreligion to take away the liberty of Religion, and ſtrictly to forbid the opinion of Divinity, that it may not be lawfull for me to worſhip whom I will, but ſhall be compelled to worſhip whom I will not;2 Cor. 1.29. and therefore ſaith the Apoſtle, We have not Dominion over your faith.
The hiſtory and Doctrine of Chriſt is not comprehended by reaſon and argument, but by belief and faith, which at the firſt hearing is not admitted into the minds of men, unleſs by the ſecret aſſiſtance of the Spirit of God; the which to whomſoever it is given, or denied, is for ſome peculiar internall cauſes to us unknown; and therefore as Grotius,Grot. de Ju. B. & P l. 2. c. 20. non humano judicio punibilis, is not puniſhable by humane judgement: And for this reaſon doth the fourth Councel of Toledo decree,Concil. Tolet. 4. Can. 55. Nemini deinceps ad credendum vim inferre; cujus enim vult miſeretur Deus, & quem vult indurat. That henceforth no man be inforced to believe, for God hath mercy on whom he will,Clap. de arc. imperit. and whom he will not he hardeneth; and therefore is ſuch unconſcionable force called by Nazianzen, animorum carnificina,136 a torture of minds, and is indeed a ſpirituall tyranny.
1 Kings and Emperors were from the beginning, as well Prieſts as Kings.
2 They had the ordering of the affairs of the Church, as well as of the State.
3 They nominated Biſhops, and depoſed Popes upon juſt cauſes.
4 That the Pope firſt arrogated to himſelf Eccleſiaſtical Juriſdiction, and encroached alſo on the civil, endeavouring by force to abr•gate the Royal freedome of Princes, and to ſubject their Conſciences by his Bulls of Excommunications to his tyranny.
IF we revolve the antient Monuments of the Chriſtian Church, many examples will occur, in which, as in a glaſs, may clearly be ſeen the bloody and fatall events which uſually attended the enforcement of religious conſciences;137 wherein the Pope, who proudly proclaimeth himſelf the Head of the Church, was the principal Author and Actor, as by the ſequel may appear.
Kings and Emperors originally were mixt perſons, as well Prieſts as Kings. Mos apud Judaeos fuit ut eoſdem reges & ſacerdotes haberent:Juſtia. l. 13. Ir was a cuſtome among the Jews, that Kings and Prieſts were accounted the ſame: As the Poet of Annius.
So was it in the Heroique and antient times among the Grecians,〈…〉〈 in non-Latin alphabet 〉. For the King was an Emperour,3 Pol. c. 3. and a Judge, and Lord of thoſe things concerned Religion: And among the Latins and Romans,Virgil Aene. inferretqueDeos Latio. King Faunus was the firſt inſtituted Religion in Italy, from whence their Temples were called Fana, which after was propagated by Aeneas, and at the laſt reduced into an order by Romulus and Numa;Clap. de arc. imp. fo. 311. whence it was a Law among the Romans, Rex ſacrorum praeſes eſto, Let the King be Preſident of ſacred things.
138And after the expulſion of the Kings of Rome, the ſame honor was reſiant in the Emperour, from the time of Julius Caeſar who firſt united them, and ſo continued in the Chriſtian Empire till Gratian, who firſt refuſed the Pontifical habit, as〈…〉〈 in non-Latin alphabet 〉unlawful to a Chriſtian; and after Theodoſius had diſſolved the Colledge of Pontifices, and all the reſt of the Prieſts, did the Emperours notwithſtanding retaine the Supreme power over the Chriſtian Church; as Iſaiah prophecieth,Iſa. 49.23. Kings ſhall be their nurſing fathers, and their Queens their nurſing mothers; which Leo in his letter to Leontius intimates;Clap. de arc. imp. f. 32. Debes, inquit, incunctanter advertere Regiam poteſtatem, tihi non ſolum ad mundi regimen, ſed maxime ad eccleſia praeſidium eſſe collatam. You ought, ſaith he, undoubtedly to obſerve, that the Royal Power is not only conferred on you for the Government of the world, but eſpecially for the rule and ſafeguard of the Church. And as another,Demetrius Comatenu Clap. ib. Solo ſacrificandi excepto miniſterio, reliqua Pontificalia privilegia imperator repraeſentat: The miniſteriall exerciſe of ſacred duties onely excepted, the Emperour repreſenteth all other Pontificall priviledges, who is to diſpoſe and order139 the affairs of the Church: (a relique, of which in theſe corrupted times ſtill remains; of which Mr. HerbertHerbert, Hen. 8. fo. 291. maketh mention, that the Emperour muſt firſt put on the habit of a Canon of Sancta Maria Dellate in Rome, and after that of a Deacon, before he can be compleatly inveſted in his Imperial Dignity) And heretofore the Popes when they were inſtalled,Pier. de Moulin. b. d. l. foy. paid to the Emperour, as their Soveraign Prince for their inveſtiture twenty pounds in gold, and were by the Emperour puniſhed, and depoſed, as ſubjects to the Emperour: As Conſtantius, the Son of Constantine the Great chaſed Pope Liberius out of Rome, and ſubſtituted Faelix in his place.
Whence it is probable, the Engliſh Maxime, as many other, dimaned: Rex eſt perſona mixta cum ſacerdote: The King is a mixt perſon with a Prieſt, in whom is compriſed both Juriſdictions, as well Eccleſiaſtical as civil, which cauſed William the Second to urge the ſaid priviledge of the Emperours againſt Anſelm, deſiring to be an Arch-biſhop, & conſpiring to have his Pale from the Pope, as Mathew Paris hiſtorizeth it: Rex Willielmus Secundus allegavit, quod nullus Archiepiſcopus, aut Epiſcopus Regni ſui curiae Romanae,140 aut Papae ſubeſſent; praecipus cum ipſe omnes libertates haberet in Regno ſuo, quas imperator vindicabat in imperio. King William alledgeth, that no Arch-biſhop or Biſhop ſhould be ſubject to the Pope or the Court of Rome, eſpecially ſeeing he ſhould have all the liberties in his Kingdome, which the Emperour challenged in his Empire; which was to choſe Popes and Biſhops when he would.
Yet though the Scepters of Kings and Princes were primitively free by all right, and honored with the Supreme authority in all cauſes whatſoever, yet hath the Pope in theſe later daies, blown up with boiling ambition, through the lenity and piety of Princes involated on their Rights and Liberties, and not only arrogated to himſelf Eccleſiaſtical Supremacy, but encroached alſo on the civill Juriſdiction, claiming to himſelf the depoſing of Princes, and diſpoſing of their Kingdomes,Bellar. either in ordine ad bonum ſpirituale, in order or relation to a ſpiritual good, or elſe in regard of his Paſtorall Authority from Chriſt, under which notion he conceiveth all the world to be ſubject to him;Azorius. In quo alii ſunt actu, ut Chriſtiani, alii potestate & jure, ut Pagani; In which ſome are actually ſubject to141 him, as Chriſtians, and others in poſſibility and right, as Pagans; and by ſuch ſubtil relations is he maintained to be Totius orbis Dominus, The Lord of all the earth. Europ. ſpe. And to that purpoſe doth he take upon him the higheſt place of honor, far above all Princes and Monarchies of the world,Pier. de Moulin. praef. ib. Buck de le foy. ſetting the Emperours at his feet, ordaining and declaring that all Kings ought to kiſs his feet, and that there is no other name under heaven but that of the Pope. Thus doth he labour to mancipate the divine liberty of Princes to his humane inventions, and uſurped Dominion, and as Chriſts Vicar, which title he affects, would be reputed Lord of all the world, whereas Chriſts Kingdome was not of the world.
An inſufferable tyranny impoſed on this Royal freedome of Princes, which the Pope from the times of Gregory the ſeventh hath injuriouſly uſurped, and for the ſpace of two hundred and threeſcore years, nothing hath been more frequent with him, then the Excommunications of Kings and Emperours, and the Oblations and Donations of their Empires and Kingdomes,Pier. de Moulin. b. d. l f 7• unleſs of ſuch who have by might maintained their rights and liberties againſt his uſurpations, whence proceeded142 infinite bloody wars, above one hundred battels, and the ſurprizing and ſacking innumerable Cities;Clap. de arc. imp. f. 32. from whence proceeded the common Proverb, as by Guichardine is obſerved: Caeſares timere & odiſſe proprium eſt Eccleſiae: It is proper to the Church to feare and hate all Princes,John White in the way to the Church. and that truly, for the Pope hath excommunicated, depoſed, and murthered forty ſeveral Princes: And I deem it neither exorbitant nor impertinent to give you a taſt of ſome of his notorious and abominable tyrannies, and primarily of that againſt John King of England, whom for maintaining his priviledge in nominating the Arch-biſhop of Canterbury to the Monks of that Convent,Innocent Third. he menaced to excommunicate, and interdict his Kingdome; and the King in requitall threatned to aboliſh the Popes authority, and to expell the Clergy, which they both acted; but the Pope not only excommunicated him, but conferred his Kingdome on the King of France, to conquer it at his own charge and perill, by whoſe invaſion he was inforced to renounce his rights and liberties, and to ſubſcribe to the Popes tyrannical demands, who gave him Abſolution, upon condition to yeeld himſelf Vaſſal to the143 Pope,Math. Par. and his Kingdome fewdary to the Church of Rom; and that he ſhould pay yearly a thouſand mark in ſilver, as an obligation of his ſervitude. And moſt preſumptuous was the arrogancy of Julius the Second,God. Hiſt. Hen. 8. f. 1. who was more like to Julius Caeſar, whoſe name he aſſumed, then to Peter, whoſe Succeſſor he pretended to be, but indeed was like to him in nothing, more then in cutting of Malcus his ear, of whom the Poet pithily.
He depoſed the King of Navarre, and gave his Kingdome to Ferdinand King of Caſtile, the which he obtained, and his Succeſſors as yet retaine; who having Spain on the one ſide, and the Pyrenaean Mountains on the other, was unequal to the Popes fury, and the Spaniſh force.
He alſo vain-gloriouſly enterprized to cruſh and ſuppreſs Lewis the XII. King144 of France,God. Hiſt. Hen. 8. to which deſigne he invited many Princes, and more eſpecially Henry the Eight King of England into a confederacy againſt him; but Lewis, ſwifter then opinion, marched with all celerity to Ravenna, and in one battel defeated him and his Allies,Primum Pontificium fulmen à Gallis removit. Barr. and boldly aſſembled a Councel at Piſa againſt him, and rounded his French Crowns with this inſcription, Perdam Babylonem, I will deſtroy Babylon, who was the firſt that removed the Pontifical thunder from France, whoſe glorious ſteps the Duke of Saxony follows, and became the Popes terrible Antagoniſt, who animated by the powerfull pen of Luther, and principally moved with the ridiculous impoſtures of his avaricious indulgences, firſt in Germany oppoſed him, and abandoned his uſurped authority, and within a few years after through Luthers fowl diſcoveries of his abominable impieties, and Antichriſtian inventions, he grew ſo odious and obnoxious to the pious and devout Princes of Germany, that his Papal power was ſlighted and exploded by the better part of it.
Then Henry the Eight of England, (the Popes Quondam Champion, who by his pen and ſword proteſted to defend145 him) having by various experiments diſcovered his perfidious and ambitious practiſes, and that he made uſe of his power for his own deſigns, ſhook off the Pontifical yoke, and declared himſelf Supreme Head of the Church,God. Hiſt. Hen. 8. f. 98. & maugre his fulminant Bulls called him Tyrannum, praedonem orbis terrarum, & incentorem Bellorum: A Tyrant for his preſumptuous uſurpation on the priviledges and liberties of Princes, contending by his Excommunications to force their conſciences to his tyrannical will; and a plunderer of the Chriſtian world by his Maſſes Auxiliary and Propitiatory, viſiting of Reliques, Obits, fees of diſpenſation for prohibited Marriages, and eſpecially by his Indulgences of Grace to remit ſins, and free ſouls out of Purgatory, by which ſpiritual Monopolies he had raked to himſelf and Clergy the moſt flouriſhing Mannours of England, beſides huge maſſes of money, which therefore in the Statute of Henry the Eight againſt the Papal Authority, are called,28. c. 16. the great impoveriſhing of the Realm of England.
And laſtly, an Incendiary, or an Alarum of war,God Hen. 8. f. 4. dividing the Chriſtian Princes, and moving them to denounce war againſt thoſe he diſaffects. Ʋt tanquam146 Nero alter ſedens otioſus, orbem terrarum incendiis conflagraret. That as another Nero ſitting in his Chaire ſhould fire the world with the flames of war, encreaſing his own ſtrength by diminiſhing others. For which deteſtable enormities he aboliſhed the Popes authority, demoliſhed their ſuperſtitious Convents, and conferred their Revenues and ſubſtances on his deſerving Subjects, and ſo became the terror and Quartane Fever of the Papall power; that whereas England in deriſion by it was reputed the Popes Aſs, is now transform'd into a Lion, and is an horror to the Pope, whoſe magnanimous reſolution, his vertuous Heir Edward the Sixt purſued, and had utterly extirpated all the Reliques of Popery, had he not been unfortunately prevented by an immature fate; yet was it after proſecuted by the incomparable Spirit of a Feminine Regent,Queen Elizabeth. who ſtoutly withſtood the Popes ambition, whom though he degraded and depoſed, expoſing her Dominions to conqueſt, yet did ſhe ſubdue Sanders, and others his Subſtitutes in Ireland, and ſink and rout the Spaniſh invincible Armado, deſtinated by him to her deſtruction: So as that famous Queens Motto, Honi ſoit qui mal y penſe, Evil be to him that evil147 thinks; and the common proverb, Malum conſilium Conſultori peſſimum, Evil counſel is worſt to the Councellor, ſquare fitly with the Popes evil reſolutions and deſerved confuſion; for he that enterprized and expected with his tyrannical Bulls to have enſlaved the conſciences of Chriſtian Princes, was by the divine power prevented, and his uſurped authority abandoned, aboliſhed, and abhorred by the better part of Chriſtendome, and by vindicating to himſelfe an extorting power over Princes, loſt a main part of his own, which like Sejanus his horſe, overthrew his own Maſter. Jean. de Seres.In whom is exemplified the obſervation of Henry the third King of France, Que ceux que veulent les conſciences Maſtister penſens Conquerir le ciel, perdont ſouvent ceque p•ſſede en la terre: That thoſe who would maſter the conſciences of men, thinking to conquer heaven, loſe often that which they poſſeſs on earth. As the Pope, beſides all the reformed Churches, hath loſt the Supremacy of Venice, the Spaniard the rule of the Netherlands, and the Emperour the command of the Helvetians and Baſileans, and all for Tyrannical Impoſitions on free conſcientious minds. And which alſo is abundantly verified in148 the deſerved confuſion of the late King, which calamity originally proceeded frō the prelatical tyrannizing over mens conſciences, who not onely chaſed ſome ſincerely pious perſons out of their native country into foraigne parts, and howling wilderneſſes, and impriſoned others, but alſo attempted to ſubject the rigid and reſolved conſciences of the Scots to the Prelaticall Diſcipline, which fomented and bred a dangerous and tempeſtuous ſtorm in the North, though happily calmed by the prudence of moderate Mediators; yet upon the like occaſion for liberty, the eradicating of Epiſcopacy, and abrogating the Pontificall authority, an implacable war was raiſed by the provocation of the Prelates; and the publike pretence, No Biſhop, no King; which therefore is truly by Mr. Needham called Bellum Epiſcopale, as derived from the corruption and tyranny of the Biſhops, and which the late King, being Epiſcoporius, with all his might maintained; ſo as by degrees it infeſted all the parts and corners of this Commonweal. For which our puiſſant Armies, and victorious Generall oppoſed him, marching with this Motto in his mouth, Liberty to all tender and oppreſſed conſciences; his army alſo for149 the moſt part being compoſed of ſuch conſcientious, devout, and piouſly diſpoſed perſons, whom all the money of this Nation would not have tempted to have paſſed through ſuch deſperate dangers, if they had not had confident hopes of an uncontrouled freedome of conſcience; the which after many fierce encounters, and diſmall diſputes, with his conquering arm, ſupported by the divine power, he obtained: and which at this time by many Declarations, Ordinances, and Acts is ſetled in this State, worthily permitting liberty to thoſe who have won it with their blood, and gained civill and religious liberty alſo; whence proceeded the Tragical Cataſtrophe of the capitall Actor, and the expulſion of his iſſue out of theſe flouriſhing Iſlands, which is by act irrevocable, and by reaſon unalterable.
For God doth not an extraordinary act without an extraordinary end. Now how the Lord hath favoured the acts of our renowned General, and worthy Protector, none can better perceive then his enemies,150 who by their impatient zeal to introduce Popery, protect Prelacy, and to corrupt and confound the purity of Religion have ſetled the one, and extirpated the other: and whom in their ſcurrile rimes they derided with the name of a Scenicall King, have been a means to raiſe him to this height of dignity; and may ſay as Iuno ſaid of Hercules, In laudes ſuas mea vertit odia. Do you think that God did all theſe things for nothing? For whoſoever ſhall in his heart ponder and conſider the evident graces and bleſſings the Lord hath poured on him, cannot believe he will leave him, but compleat and accompliſh this wondrous work in him. For the great works of the Lord are contrary to the conceits of men: and though extraordinary miracles be ceaſed, yet the divine power is alwayes aſſiſtant to the ordinary power of nature, by which many times are produced extraordinary acts above the reach of humane apprehenſion; which is apparent in the various and marvellous victories obtained by him in the name of the Lord of Hoſts, whoſe providences among us are not to be out matched by any ſtory: And if we impartially and judiciouſly examine the preſent poſtures of the State, we ſhall151 clearly ſee the Lords workmanſhip ſhining in it according to the power of nature, or rules of policy. For though the malignant and inceſſant enemy is ſedulous in forging ſtratagems to its diſturbance and diſtraction, yet is it by the divine finger ſo firmly founded on the faithfull and pious affections of the more potent party, that they are preſaged before conceived, and prevented before perpetrated. For though there remain in it many factions, of which the Royal and Papiſtical party are moſt ſeditious, and both numerous; the one containing in number forty thouſand fighting perſons,Europ. Spec. and the other perhaps more: yet are the firſt by their juſt cenſures of ſequeſtrations diſcouraged, and by their late compoſitions ſo obliged, that they tremble to enterpriſe any publike act againſt the State, unleſſe ſuch as are fugitives, whoſe eſtates are expoſed to ſale, and no way conſiderable. As alſo the ſecond is much diminiſhed by their recantations, and acceptance of the oath of abjuration. Many, and ſome of the chiefeſt, preferring the bleſſings of their eſtates, before the curſes of Rome: and both the leſſe perillous, becauſe irreconciliably divided as Oppoſites in Religion, which hath a potent152 ſway over the minds of men; and beſides are unarmed, and upon any pregnant ſuſpition ſafely ſecured, either by tranſporting them into forraign Iſlands, or by removing them to remote places, according to the antient cuſtome of the Romans, who were wont ſo to diſpoſe of their ſeditious Delinquents: The conſiderable party only remaineth, which generally profeſs themſelves Proteſtants, and concord for the moſt part in the principal Doctrine of Salvation by Faith in Chriſt, though they otherwiſe vary concerning ſome diſputable queſtions, and leſs material, and are the leſs turbulent, b•cauſe permitted ſeverally without reſtraint to exerciſe their conſciences: Beſides, moſt of them are by ſtrong and Politique tyes linked unto the State, either by publique imployments, or private intereſts; many of them having at a conſiderable rare purchaſed the Revenues and Lands of the late King, Praelates, or Delinquents: that though ſome of them through envy, or other ſiniſter conceit diſtaſt the preſent proceedings, and others vary among themſelves concerning ſome niceties of Religion, yet will they upon any turbulent or ſeditious occaſion, as one man, unite their forces to repell153 the common enemy,Compellit in unum commune periculum etiam inimiciſſimos. Ar. Pol. l. 5. c 5. as common dangers uſe to d•aw and force together the greateſt adverſaries, and not to expoſe themſelves and eſtates to the cruelty and tyranny of mercileſs Invaders, and the rapine and ſpoil of a neceſſitous and ravenous rabole of deſperate male-contents, who ſuborn furious Emiſſaries to ſcatter the ſeeds of diſcord and ſedition in every place, which may make all things opportune for their rebellious incurſions, of which we have received an ocular teſtimony in the laſt tumultuous hurley-burley, which was but momentary, by reaſon that the Royal Party, for fear of future cenſures were diſmaid, and the confiding party by rewards and intereſts incited, whereby that tempeſtuous ſedition was ſuddenly ſuppreſſed, and like a thundering ſtorm, after a clap or two, vaniſhed into vanity: So ſtable is the ſettlement of this State founded on the rock of a confident and truſty party, with the true-hearted Militia, that the impetuous winds of commotions, and outragious tempeſts of rebellions, cannot ſhatter or ſhake it; but the more violently they beat upon it, the more miſerably are they diſſipated; which is oppoſite to the conceit of the Royalliſts, who are led154 with a fond hope that the inheritance of the Crown is indiſſolubly entailed to the iſſue, and cannot be cut off; whereas ſucceſſion was lately invented to avoid competition and interregnum, and hath often been interrupted by arms, and that Gordian knot cut in pieces by the Sword. As Canutus with his Sword did cut off the right of Edmond, and was by it crowned King of England: and ſo by it did Stephen diſinherit Maud the right heir; and in the bloody wars between the Houſes of York and Lancaſter, wherein fourſcore of the Royal blood periſhed, he who had the ſharpeſt ſword carried the Crowne; and as Baron Thorp, of all thoſe five and twenty Kings and Queens, which have ſince William the Conquerours time ruled among us, there were ſcarcely ſeven of them who could pretend legally to ſucceed their former Predeceſſors, either by lineal or collateral title; and it is malum omen,Turſelius to the Royal Iſſue, that ſuch Princes as have been for tyranny expelled by their Subjects, have never been remitted, though they had ſtronger forces to attempt it. Though Tarquinius Superbus had valiant ſons to ſecond him,Florus. and the redoubted King of Porſenna with a155 proud Army to aſſiſt him, and force Rome to his ſubjection, yet were they ignominiouſly repelled, and for fear forced to retreat: And after that, he through the powerful Alliance of Manlius, had drawn into a confederacy with him thirty ſeveral Potentates to reſtore him to his Royalty, yet were they by the Dictator Aurelius Posthumus vanquiſhed, and forced to flight, and the Tarquinian hopes thereby utterly fruſtrated. The like was attempted by Hippias, the brother of the Tyrant Piſiſtratus for his tyranny ſlain by Harmodius and Ariſtogiton, who endeavouring to vindicate his brothers ſlaughter, was expelled Athens, and thereupon procured Darius with formidable forces to invade Athens in his behalf, and for his reſtitution; yet were they by the invincible virtue of Milti•des profl•gated, and two hundred thouſand of the enemies deſtroyed. Atque horret animus meus memoria repetere; and it makes my heart tremble and bleed to remember how many horrible and deadly battels (which the large and copious pen of Livy is ſcarce able to repeat) the late King and Prince have undertaken to regain their forfeited and loſt Royalty, wherein they have been continually diſcomfited, to the deſtruction156 of the one, and excluſion of the other, and to the lamentable ruine of a great part of the Nobility and Gentry.
Quae igitur intemporiae illos tenent? What kind of phrenſie therefore poſſeſſeth theſe men, who being not void of reaſon, will not be inſtructed by experience, the Miſtreſs of unreaſonable creatures? for the Fiſh eſcaping the hook, will carefully beware of the fatal bait: And as the Satyriſt,Hor. l. 2. Sat. 7. Quae belluaruptis Cum ſemel effugit, reddit ſe prava catenis?
But theſe vanquiſhed, ſubdued, captived, do ſtill perſiſt in their obſtinacy, and daily ſubject themſelves to inevitable hazards and miſchiefs; how much better and ſafer were it for them to ſubmit to Gods providence, and not to fight againſt heaven, and his Ordinance, or kick againſt the prick? How happy would they be to live in peace and unity, and under the Soveraign wings of his Highneſs protection,157 to enjoy the publique bleſſings of peace, plenty, liberty, and proſperity, by which mutual intercourſe his Highneſs may be the more incouraged to make this Commonwealth the moſt glorious Empire in the Chriſtian world? the which through the Omnipotent aſſiſtance, his Highneſs with all his nerves, both by Sea and Land, contendeth to accompliſh, and perform that which was heretofore proffered to the late King by him and others, whereby, maugre the might of any forraign force, he may render Britain incomparable as well as invincible, which indeed in it ſelf it is; as the Roman Poet acknowledgeth,Tib. El. 4. Invicti Romano Marte Britanni. Alb Gent. de armis Ro.Unleſs that it be betrayed by our ſelves, Per dolos malos, aut per malitias malas, by wicked treacheries and malitious practiſes, which may by providence, and a ſtable ſettlement of the State, be prevented, as now it is: As alſo by an offenſive and defenſive league with ſome forraign Nation, which is eaſily obtained, becauſe by it advanced; according to the Motto of Henry the Eight, Cui adhaereo praeeſt,Herb H•n. 8. whoſe part I take prevaileth; by which158 policy he became an honor to his Allies, and horror to his enemies, comparing Spain and France to a pair of Scales, and England to the Tongue, which turned either of them it aſſiſted. Howſoever England with his wooden brazen walls hath not been unable to withſtand them both, and to defeat the Spaniſh invincible Armado, which at this preſent never were more potent and victorious, being daily augmented by the care and providence of our Themiſthocles.
1. Mans underſtanding is imperfect, eſpecially in ſpirituall things.
2. It is the cauſe of many ſects in Philoſophy, and more in Theologie.
3. Among Philoſophers, arguments, not torments, were their moderators.
4. Among Chriſtians in the primitive times, admonitions, not perſecutions, were the weapons of their warfare.
5. The Arrians and other Heretiques firſt uſed force to maintain their opinions, and afterwards the Pope and his adherents.
THe object of the mind is verity, which is properly attributed to the divine mind; as that which is credible, to the humane: For truth is the adequation of the notions of the mind, with the very nature of things; and that is ſaid to be true, when the mind repreſenteth the expreſſe image of the very thing, which the wife Artifex of the Univerſe had with him from eternity, and therefore cannot be ignorant of any thing: But there is160 ſo great obſcurity in the nature of things, and in the minds of men ſuch obliquity and variety, that oftentimes they aſſent to falſities and uncertainties, which they conceive to be true and firm: and therefore he is ſaid to be happy and wiſe who can apprehend the cauſes of things.
And becauſe ſempiternall, ſpirituall, and matters of faith are remote from ſenſe, therfore is the knowledge of them more uncertain and obſcure,Scalig. de Sub. Exer. 1. and as it were umbratilis. To the intellection of which the ſharpneſſe of our conceit being directed, is as weak as the eye of an Owl to the beholding of the Sun, and which the naturall man receiveth or diſcerneth not,1 Cor. 1.14 and are ſuch as no natural light doth reach unto.
Which naturall imbecillity hath been the impulſive cauſe of all the Sects in Philoſophie, and hereſies in Divinity: And though never ſo ſtrange, or abſurd, yet have their authors and founders invented probable arguments, or inferred ſacred ſentences in their defence.
There are ſeveral ſects in Philoſophy, and more in Theologie, becauſe more remote from ſenſe: The firſt amounts to the number of ten, and the other to ten times more. Epiphanius writes againſt 80.161 hereſies in his time, and Augustine againſt 90. generall Councils have erred: The Council of Nice condemned Arrianiſme, and the Council of Arminium confirmed it. Pier. du Moulin in his preface to the Boucl. d'le Foy.And the day is not more contrary to the night, then the antient Councils are to the new. Et fuit hoc omnium aetatum commune malum, ſaith one truly: And this hath been the common calamity of all ages; hereſies and ſchiſms daily ſprouting up in the Church, and like Africa,Perpin. aliquid novi ſemper pariens, alwayes bringing forth one new error or another.
Among Philoſophers, arguments were their arms, who friendly contended to find out the truth: So did the Prince of the antient Philoſophers deal with Socr. & Plato,Ariſt. 1. Ethic. c. 6. profeſſing,〈…〉〈 in non-Latin alphabet 〉: Though they were both his friends,De Sub. yet he deemed it more ſacred to honour the truth: and ſo the Prince of the modern Philoſophers Scaliger proteſted, Amicus Plato, amicus Aristoteles, ſed magis amica veritas. Plato was his friend, Ariſtotle his friend, but truth his deareſt friend. Such inquiſitors of the truth uſed no torments to extort it, but arguments, non bacillinis ſed Philoſophicis to find it, and〈…〉〈 in non-Latin alphabet 〉was their victory.
162Among Chriſtians alſo in the primitive time, though there were ſometimes diviſions, queſtions, envy, and ſtrife of words, yet were they through the Apoſtles admonitions contained in charity: And after the Apoſtles age their Succeſſors did not uſe armes and violence to propagate and ſettle the Goſpel; the weapons of their warfare were not carnal, but ſpiritual, who did not contend with Bands of Diſciplin'd Souldiers, but with aid implored of God, not with armes, but with the Spirit, not by beating, but by admoniſhing and reproving.
But after the Church was corrupted, and diſceded from the Apoſtolical Doctrine, and that by divine Authority they could not maintain their novelties, arms and all inſtruments of cruelty were invented for the eſtabliſhing of their ſtrange Doctrine, and became more barbarous and inhumane, then ever Nero, Domitian,Niceph. l. 11. c. 3. Decius, and Diocleſian were: As the Arrians and the Donatists under the Raign of Valens, and tyranny of the Vandals, exceeded all the Heathen Perſecutors in cruelty and immanity.
And in theſe laſt and worſt daies, whenas the Biſhop of Rome had uſurped the pre-eminency, and began to lord it over163 other Chriſtian Churches, impoſing greater and heavier burthens on Chriſtian conſciences; as Prayers for the Dead, Purgatory, Indulgences, and other impoſtorious trumperies: Then began the Popes tyranny imperiouſly to raign over Chriſtendome, which did not only infeſt the priviledges of Princes, as hath been aſſerted, but afflict the pureſt profeſſors of the Goſpell: Then did his Phalaris Bulls thunder and roar about the Chriſtian Horizon, fire and ſword were the arguments he ejaculated againſt devout conſciences: The Huſſits firſt come upon the Stage, who ſubmiſſively imploring of Ferdinand the Emperour to be admitted to receive the Sacrament under both Species,Ludov. Aurel. Ann. Eccleſ. f. 460. were by Pope Martin interdicted, and a ſacred war denounced againſt them, wherein Ziſca their blind, yet quick-ſighted Captain (who ſaw as much in military affairs, as Homer did in Poetical Layes, and became ſo terrible to the enemy, that he ſuppoſed a Drum of his skin would fright an Army) behaved himſelf ſo skilfully and ſtoutly, that he overthrew the Emperors Army, and forced him to vail to their conſcientious demands, and not only to grant them the ſacred myſteries under both kinds,Id. 46•.164 but to permit them to poſſeſs thoſe goods they had taken out of Popiſh Churches, until they were with the value redeemed, with many other reformed immunities.
Next enſued the Scene of the Lutherans, the Huſſits Succeſſors, who were, as one ſtileth them,Id. f. 445. Lutheranorum Anteſignani: They likewiſe marched under their Sacred Banners, and were confident propugnators and defenders of the Primitive purity; and in ſpite of the Popes thundering power, acted their parts ſo couragiouſly and piouſly, that they withdrew Denmark, Swethland, and Norway, with the Duke of Saxony, Lantſgrave of Heſſe, and ſome other Princes of Germany, from the Popes Sup emacy, whoſe pious preſident the Hugonets in France, and the Proteſtants in England, with the reformed Netherlands did follow, to the Popes perpetual detriment, and preparation to his downfal; the which he fearing, and finding upon this defeat many in all his Juriſdictions to fall from him, repaired to his Vulcanian Conclave,Europ. Spec. f. 112. and there forged the infernal Inquiſition, which he per antiphraſin, calls the Holy Houſe; wherein is executed the more then barbarous tortures on mens conſciences, apprehending any upon the leaſt ſuſpition165 of any their ſuppoſed Hereſies, of affinity or connivance which Hereticks, and the bare reproving ſometimes of the Clergy's lives, or the having any book or edition prohibited, and eſpecially a Bible in the vulgar language: diſcovering men by the preſſing of all mens Conſciences, whom they charge under an high degree of mortal ſin,Ib. v. 113. and damnation to appeach their neereſt and deareſt friends: and if they know or ſuſpect them to be culpable therein, proceeding againſt the detected with ſuch ſecrecy, and ſeverity, as that they never ſhall have notice of their accuſers, but ſhall be urged to reveale their very thoughts and affections.
The which though he intended to have propagated through all the Catholick Dominious: yet was it not onely rejected by Germany and France,Europ ſpe. ib. and ſolely retained in Italy, and Spain: but alſo moſt of the Catholicks within their Precincts (who perhaps if need were, would die for Religion) abhored the very name, and mention of the Inquiſition, as being the greateſt ſlavery the world hath taſted: And which inhumane, and unnatural violence of planting and propagating of Religion was execrably deteſted of the vertuous Heathens, and is abominated of166 devout Chriſtians, as oppoſite to pious Principles. For if it were aproved, and grateful to God: why did he ſend his Son unarmed and indigent of any external power? why did he reſtrain, and rebuke Peter endevouring with his drawn Sword to defend his Maſter? why did he ſend his Diſciples as Sheep among the midſt of Wolves, and naked into all parts of the World, as his Father ſent him? And when did it come into the minde of the Apoſtles to perſwade, and allow of any ſuch violence, or their Succeſſors, in the Primitive Church to practice any ſuch force? neither is the diſtinction of any force, that the Chriſtians depoſed not Nero, Diocleſian, Julian, and Valens, becauſe they were unequal to them in Military power, otherwiſe it was a ſtrange diſſimulation in Paul to inſtruct the Romans to obey the power of Nero, if he lawfully having had power, might have depoſed him. Prayers were their armes, and admonitions their Inquiſitors: The Churches Cheif Maſter prayed for his enemies: and Paul his Selected Apoſtle exhorteth us to pray for all men, which is acceptable to God our Saviour, who would have all men come to the knowledge of the truth:167 And it is alſo his admonition, inſtruct with meekneſſe thoſe that oppoſe themſelves: if God peradventure would give them repentance to the acknowledgement of the truth;2 Tim. 9.25. For they who like loſt ſheep goe aſtray, may be drawn to the fold, and the ranke Tares may become ſweet Corn.
1. Knowing and obſtinate Hereticks are after the firſt or ſecond admonition to be rejected.
2. What Excommunication is.
3. It was rarely executed in the Primitive Church.
4. Qui argumentis convicti perſiſtunt tamem in hereſie propugnanda. Whit. de ſacra ſcript. l. 1. c. 2. Grot. de Jur. Bel. & pac. f. 505The abuſe of it by the Pope and Prelacy, hath cauſed it to be neglected in moſt reformed Churches, and to be utterly abrogated in ours.
THere are Hereticks Scientes, who know themſelves to be Hereticks: and who convinced by arguments as Whitaker, perſiſt in the defence of hereſie: either for ſome temporal commodity, or deſire of vain glory: And who being carried168 away with ſelfe-love, ambition, or popular applauſe, build the City of the Devil upon falſe and new opinions: not reſpecting the truth but their poſitions, becauſe their own inventions, whom Auguſtine onely placeth in his Catalogue of Hereticks: Such Hereticks after the firſt and ſecond admonition are to be avoided and rejected, as the Apoſtle preſcribeth. 1. Tim. 3 10. who offend not from ignorance and infirmity, but from voluntary malice and obſtinate induſtry.
From the admoniſhment of ſuch a one we are to abſtain, and to leave him to himſelfe as one condemned by himſelfe, as the Apoſtle ſpeaketh, and Turtullian interpreteth, Elegit ſibi in quo damnetur, He hath choſen to himſelfe his own damnation.
Excommunication is a ſeparation from the Communion and Congregation of the Church:C. 8. and of it is underſtoood that of Matthew, If he ſhall not hear the Church, let him be as an Heathen and a Publican;1. Tim. whoſe body as the Apoſtle ſpeaketh, is delivered to Satan: That is, put out of the Church, out of which Satan is Lord and Maſter; as among the Jewes greivous offenders apoſynagogi fiant, were caſt out of the Church, which was to ſhun169 their Communion, as the Jewes did the Samaritans.
Neither doth Anathema the greater and more greivous Excommunication, ſignifie much more; of which in the Goſpel we have no example, onely a general Precept 1 Cor. 13. Whoſoever loveth not our Lord Jeſus Chriſt, let him be an Anathema: which by the Gloſſary is expounded, Eſſe execrationem extra Communionem honorum uſque ad adventum domini: To be a vehement ſpitting out from the Communion of the good, until the comming of the Lord; and it is rendered by Heſychius〈…〉〈 in non-Latin alphabet 〉execrable, and unſociable, as one unworthy the ſociety of good men: and according to the Greek Original, ſignifieth Deo dicatum, dedicated to God, and ſo ſeparated from the Communion of men for his impiety, that he is onely left to Gods judgement: All which onely ſets forth unto us a ſeparation from the Communion of the good, & the dereliction of them ſo ſeparated to the judgement of the Lord:Tac. An. 1. l. 1. Deorum enim injurias Diis curae eſse; for offences againſt God are by him to be cenſured: Upon which ground Tiberius diſmiſſed one to the ſentence of Jupiter, who was accuſed for a contempt againſt Jupiter:170 and all heretical opinions are properly offences againſt God, and therefore to be referred to his judgement: & as the Civilians in the like caſe, Satis deum ultorem habent, have God a ſufficient revenger; and how ſuch errors ſhall be puniſhed at the day of of Judgement,Grotius de Jur. b. et p. nemo poteſt ſcire niſi Judex, ſaith Salvianus, no man can know but the Judge. And therefore doth Chriſt, Mar. 6.12. referr the judgement of ſuch as refuſe his Doctrine, until the day of Judgement: and whoſoever, as Mr. Aſhkam, ſhall think himſelfe competent to judge of it here, is nimis Curioſus in aliena republica.
Excommunication was rarely executed in the Primitive Church, of which we have but two examples in the Goſpel: the one againſt the Inceſtuous one, whom Paul commanded to be delivered to Satan:1 Cor. 5. a ſin abhorred of the Heathens, and ſeverely puniſhed by them. The other againſt blaſphemers,1 Tim. 1.20. Hymeneus and Alexander, whom Paul alſo delivered to Satan. An offence mortal under the Law, Levit. 24. and dangerous under the Goſpel, if not repented of: Math. 12.31. And of all offences the higheſt, becauſe it is an impiety againſt God himſelfe, whereas other offences are tranſgreſſions againſt171 the Law. Tholoſ. Synt. Jur. Ʋniv. l. 33. c. 12. contra ipſa deitatem impie agis.And this was Pauls rod of Correction which he rarely uſed; ſo rare a cenſure was Excommunication in the pureſt times: For the exceſſe of which St. John condemneth Diotrephes in caſting his Brethren out of the Church.
But how Excommunication the laſt, and greivous puniſhment of the Church,In his Adue. as Mr. Whitgift calleth it, hath been abuſed under Popery and Prelacy, is notoriouſly evident: and eſpecially by the Pope, whoſe continual practice was to inflict it on any one as a Delinquent, either in matters of Faith, or Manners;Pier. de Moul. Buc. de la foy. f. 506. or by it to preſſe men to reſtore things loſt, and to pay their debts within a certain time: and ſometimes without any cogniſance of the cauſe. Kings and Emperours were moſt obnoxious to this cenſure, who being Excommunicated as the Pope pretendeth, could not without ſinning exerciſe their Iuriſdiction: and what Acts and Sentences during the Excommunication they pronounced, were null and void; by which rule he alſo depoſed them: From whoſe inſtitutions the Prelates originally derive their Iuriſdiction; and in their diſcipline doe not much vary, ſetting the Papal Altitude and Latitude aſide: and therefore was172 our Arch-Prelate ſtiled Alterius orbis Papa: who likewiſe tranſgreſſed in the exceſſive abuſe of excommunications, as Whitgift a Patron of Praelacy acknowledgeth in theſe words;In his Admonition. That excommunication, the laſt and greateſt puniſhment in the Church, is commonly uſed in many trifling matters, and therefore is commonly neglected and contemned: I pray God, ſaith he, reſtore it to its firſt purity: neither was by either of them the pious end of Excommunication reſpected,1 Tim. 5. which was that for ſhame of the ſeparation, the ſeparated ſhould be drawn to repentance: as the Apoſtle ſaith of the Inceſtuous one, That his fleſh may be deſtroyed, and the ſpirit ſaved in the day of the Lord Jeſus: and alſo of the blaſphemers,1 Tim. 1.20. That they may learn not to blaſpheme; whereas their ultimate drift was to heap up monyes and inrich themſelves by formal Abſolutions and pecuniary Satisfactions, ſuppoſing gaine to be godlineſſe, and through coveteouſneſſe by fained words to make merchandize of mens ſouls,1 Tim. 5.6. as the Apoſtle ſpeaketh: For ſuch and like abominable abuſes, the Popes Excommunications are ſlighted, and deſpiſed of moſt Princes, and the Papal and Prelatical Iuriſdicton neglected in all173 Reformed Churches; and in our Church utterly aboliſhed: as it was reſolved in the late Parliament by the declaration of the Lords and Commons in anſwer to the Scotch papers, the fourth of March 1647. That the diſcipline of Eccleſiaſtical cenſures, and other puniſhments for matters in Religion are diſclaimed, as grounded on Popiſh and Preletical Principles, and not to be revived again under any Image and ſhape whatſoever.
1. Who out of ignorance and infirmity erre, are not to be rejected, but to be inſtructed with meekneſſe.
2 Such as abuſe their liberty, are to be puniſhed.
THere are others, who out of ignorance and infirmity erre;Grot. de Iu. b. & pa. l. 2. c. 20. and are called by Salvianus, Haeretici non ſcientes, qui bono animo errant & affectu Dei; who erre with a good mind & affection towards God, beleiving that they honour & love God; and ſuch, ſaith Whitaker, are not Hereticks,174 though they harbour a falſe and erroneous opinion:De ſacr. ſcrip. l. 1. non est haereticus, qui falſam & haereticam opinionem colit. For elſe Cyprian had been an Heretick, who defended Anabaptiſme; and Auguſtine, who had been a Maniche; and Peter alſo, who denied the calling of the Gentiles, and that they were to be excluded the communion of Saints; yet was it falſe, Et in ea Petrum erraſse, ſaith Whitaker; and therefore are ſuch falſities properly errors, as Auguſtine ſaid of himſelfe, Errare poſſum, haereticus eſse nolo: For an erroneous conſcience may be a good conſcience, as Pauls was when he was a Jew,Bar. Ann. 173. and Tertullian whilſt he was a Montaniſt.
Such conſciences are tenderly to be cured, not to be cauterized; and as the Apoſtle adviſeth,2 Tim. 2.25. are to be inſtructed with meekneſſe, and gently to be intreated, or convinced by arguments, as Auguſtine did the Manichees, whoſe divine reaſons for their Elegancy and Excellency merit a literal repetition: Illi ſaeviant in vos qui neſciunt,Grotius de Jur. bel. & pac. l. 2. c. 20. ſaith he, quocum labore verum inveniatur et quam difficillime caveantur errores: Illi ſaeviant in vos qui neſciunt quam rarum, & arduum ſit carnalia phantaſmata piae mentis ſerenitate ſuperare: Illi in vos ſaeviant qui neſciunt quanta difficultate ſanetur oculus interior is hominis: Illi in vos faeviant175 qui neſciunt quantis gemitibus, & ſuſpiriis fiat, ut ex quantulacumqueparte intelligi poſſit Deus: Poſtremo illi in vos ſaeviant qùi nullo tali errore decepti ſunt, quali vos deceptos vident: Ego verô in vos ſaevire non poſſum, quos ſicut meipſum illo tempore, ita nunc debeo ſuſtinere, & tanta patientia vobiſcum agere, quantum mecum egerint proximi mei, cum in veſtro dogmate rabioſus, & caecus fui; Let thoſe tyrannize over you who are ignorant with what labour truth is to be found, and how hardly errors be avoided: Let thoſe tyrannize over you who are ignorant how rare and painful a thing it is to overcome carnal imagination with the ſerenity of a pious minde: Let thoſe tyrannize over you, who are ignorant with what difficulty the eye of the inward man may be cured: Let thoſe tyrannize over you, who are ignorant with what great groanes and ſighs it may be effected that God may in part be known, how ſmall or little ſoever: Laſtly, let thoſe tyrannize over you, who are not deceived with any ſuch errour wherewith they ſee you deceived: But I cannot tyrannize over you, whom I ought to endure as others did me upon the ſame occaſion, and intreat you with ſo much patience as my neighbours intreated me176 when I was outragious and blind, in the ſame opinion. And thus did the Apoſtle Paul alſo deal with the Jews, who before his converſion was exceeding zealous in their Religion, and by it had learned to beare with the infirmities of his brethren, who heretofore was in the ſame kinde weak himſelfe. And therefore exhorteth he himſelfe and others who are ſtrong, to bear with the infirmities of the weak; and not to pleaſe themſelves,Rom. 14.1. but to receive the weak in faith, and not to doubtful diſputations, leſt by ſuch ſcruples they drive them away in more doubt then they came; but to apply arguments to their capacities, and in charity to comply with their ſimplicity.
Yet are we not to bear with the looſeneſſe of ſuch ungodly men, as the Apoſtle calls them,Jud. v. 4. who turn the grace of God into laſciviouſneſſe, and prefer natural liberty before religious and Chriſtian: Not unlike to the Cynique Philoſophers, who ſuppoſed nothing to be obſcene or diſhoneſt, which was according to the liberty and courſe of nature; and what they were not aſhamed openly to profeſs, they bluſhed not in the eyes of all men to act;Lud. Aurelius. Ann. Eccleſ. f. 475. or rather like unto the Adamites, Quibus, as Aurelius, nullum indumentum,177 promiſcua erant connubia, vagi concubitus, nulla temporis lociquehabita ratione; who wore no apparel, uſed confuſed and promiſcuous marriages, & common uncleanneſſe, without any reſpect to time or place. And ſuch indeed are the Libertine, Antinomians, Quakers and Ranters in theſe latter dayes, who, under the pretence of piety and Chriſtian liberty, practiſe all obſcenity and impiety, licentious perſons, and looſe in all wicked and abominable actions. Whereas ſuch liberty is ſlavery, Nam qui facit peccatum,Joh. 8.34. ſervus eſt peccati, He that commits ſin, is the ſervant of ſin: And where the ſpirit of the Lord is, there is liberty: And therefore ſuch Libertines are not to be ſuffered, but ought to be eſlaved to the ſword of the Magiſtrate, which the late Parlament of England, in the Declaration of the 27. of November 1649. doth ſignifie and pronounce in the ſight of God and man, That by whomſoever they ſhal finde this liberty abuſed, they ſhall be ready to teſtifie their diſpleaſure and abhorrencie thereof, by a ſtrict and effectual proceeding againſt ſuch offenders: And accordingly, by the Act of Auguſt 1650. hath it provided for the removal and puniſhment of ſuch tranſgreſſors, whoſe178 blaſphemies are in the ſaid Act recited and ſeverely cenſured. In purſuance whereof, by the Government of the Commonwealth of England Art. 37. is liberty denied to thoſe who abuſe it, to the civil injury of others, and the actual diſturbance of the publique peace on their parts, or to ſuch as under the profeſſion of Chriſt hold forth the practiſe of Licentiouſneſſe.
SEeing then it is clear, that through the weakneſſe of our underſtanding in natural as well as ſpiritual things, which are onely preceptible by the light of the ſpirit, many errors and hereſies of neceſſity muſt ariſe, and that the envious man continually ſoweth tares among the wheat, and tyrannical impoſitions on mens conſciencs have augmented and increaſed the Schiſmes of the Church, and have been the fomenters of bloody broils, to the detriment of the authors; and that Chriſt and his Apoſtles in all179 their teachings and practiſe abſtained from external violence, in gentleneſſe and meekneſſe inſtructing all men, we ought to refrain from all unnatural and unchriſtian force, and not to conſtraine the will of man to beleive, or ſeeme to profeſſe that which he knoweth not, but to put on the meekneſſe and gentleneſſe of Chriſt, and above all things Charity, which is the bond of Chriſtian perfection, and to become all to all men, to ſave ſome, and to pleaſure our neighbour for his good to edification. Which charitable courſe (the God of love and charity be bleſſed for it) is at this preſent practiſed in the pureſt Chriſtian Churches. As firſt in Germany, in which, though wives in doctrine diſſent from their husbands, and parents and children follow divers Sects, and brothers and ſiſters ſometimes in one and the ſame family nouriſh diſcrepant opinions, touching many heads of Divinity; yet as Scorbonerius, one of that Nation writeth,Pol. l. 3. c. 11 In politicis & domeſticis rebus concordes vivere comprehenduntur, in politique and domeſtique affaires are obſerved to live peaceably, otherwiſe hoping that the unbelieving man may ſanctifie and ſave the unbeleeving woman, and beleeving brothers and180 ſiſters the unbeleevers. Then in France are the Hugonets, and the Catholiques as they diſtinguiſh them, by the prudency of their Princes reduced into a charitable and peaceable condition; who wiſely by an Edict have provided that all illiberal revilings and unworthy contumelies on either part ſhould be removed, and not any thing ſaid or acted which might tend to uncivil commotions, but that it ſhould be lawfull for every one to follow the judgment of his own minde; whereupon a bleſſed & placid calm enſued: And as one, Coaleſcunt mutuâ concordiâ mentes omnium, The mindes of all by mutual concord grow together:Perpinian. And ſo rare is their moderacy and temperate behaviour, that notwithſtanding the provoking commemorations of the late inteſtine wars, they have mutual commerce,Moderator. f. 27. and frequently diſpute together, not onely the Clergy, but the Tradeſmen one with another, and defend every one his opinion civilly and peaceably, without any convitious diſtemper, in a friendlineſſe, and mutual compaſſionate part, and perfect charity, each hoping and praying for the others converſion.
In the Netherlands alſo, though there be within a ſmall compaſſe profeſſed divers181 Religions,Europae specu. f. 176. and that the Papacy there hath two thirds in it; yet doth every one peaceably profeſſe the liberty of his mind without any moleſtation and contradiction, which have alwayes been a Receptacle and ſaving Sanctuary for ſuch afflicted conſciences.
The Helveteans likewiſe, though of different judgment in matters of Religion, yet are they united by concord and charity:Daniel Heremita de rep. Helv. and in civil and publique Affaires which concerne the ſafety of the Country, Ne quic quam niſi in commune conſultant, They act nothing but by conſultation in common. And alſo in Tranſilvania, Valachia, and the remaines of Hungary and Poland, in which many Religious doe abound, notwithſtanding their conſcientious diverſities, do they embrace each other in the drmes of civility and charity. And whenſoever wars and maſſacres have been made for the cauſe of Religion, enquire from whence they have proceeded? whether from the Roman, or from the Reformed Churches; and we ſhall underſtand that the Romaniſts firſt provoked them, and they onely took up armes in their own defence. Which in it it ſelfe is apparent, if we call to minde the Sacred Wars, as they call them, but182 indeed accurſed, both in Germany and France, which were principally, as hath been before intimated, indicted by the Pope and his Confederates, or Holy Leagues, as they ſtile them. And whence dimaned that abominable and execrable maſſacre at Paris, wherein forty thouſand perſons were inhumanely butchered, which is notorious and odious to all Chriſtendome, whoſe children are often frighted with the memory of it. Neither is the horrible and lamentable ſlaughter to be ſuperſeded in ſilence, which lately was perpetrated by Papal Forces on the innocent and innoxious Proteſtants in Savoy, where they who by flight eſcaped their fury, were driven from their comfortable habitations, and ſo eagerly proſecuted, that they were compelled to hide themſelves in Caves, or wander on the Mountaines, and either periſh for want of food, or common with the Beaſts. Who now begin to revive the bloody differences have a long time been buried in the bowels of Charity, and to provoke the conſciencious Chriſtians to defenſive armes? Woe be to them from whom the offence commeth, ſaith our Saviour, who without doubt will raiſe the ſpirits of pious Princes, as he alwayes183 hath, to protect his own cauſe, and to vindicate the perſecutions of his Church. And in this doth their Religion ſhew it ſelfe from whence it commeth; not from God, qui odit crudelitatem, who hateth cruelty, and abhorreth all humane hoſts, and bloody devotions: The ſacrifice of God is a ſpiritual ſacrifice, and the weapons of his warfare are not carnal, but ſpiritual, yet mighty through God for the pulling down of ſtrong holds, and caſting down of imaginations, and bringing into captivity every thought to the obedience of Chriſt: Prayers, perſwaſions & tears are the arms of the Church, by which kinde of weapons,Perjin. Orat. f. 528. as an ingenious Jeſuit confeſſeth, Terrarum orbis ſub Chriſti ditionem poteſtatemqueſubjectus erat, the whole earth was ſubjected under the power and dominion of Chriſt. And which kinde of Chriſtian combate the Parliament in anſwer to the Scotch papers March 13. 1647. preferreth, declaring it to be better to leave God to deale againſt many Errors, then to uſe his authority for the ſuppreſſing of one truth, the weapons of faſting and prayer being both more Chriſtian and available in ſuch caſes. Tyrannical Force, and infernal Inquiſitors, being the184 Devils Inſtruments to ſupport Error, and too weak and feeble to withſtand ſpiritual armes, and the power of Chriſt. The counſel of Gamaliel therefore which he gave unto the Jewes, and perſecuters of the Apoſtles, in this caſe is worthy the obſervation and practice,Acts 5.38. to abſtain from force, and let them alone; For if this Counſel, ſaith he, or work be not of God, it will come to nought; and if it be of God, ye cannot overthrow it, leſt haply ye be found to fight againſt God. Ovid.Exitus acta probat, ſaith the Poet; neque ulla res quale quidque ſit magis oſtendit, quam quae quidque ſequatur; The end approveth the acts; neither doth any thing more demonſtrate the quality and quiddity of the thing then the conſequence of that thing.
Eſd. 4.41.Magna eſt veritas, & praevalet: Great is truth, and mighty above all things, It is〈…〉〈 in non-Latin alphabet 〉,Canſabon. as it were an immerſable Rock that cannot be drowned; and though through ſwelling and ambitious waves it may be obſcured, and overwhelmed, and not appear to the ſight of ſuch as reſpect onely the preſent; yet will it without doubt remain invincible, and at the length gain a full and glorious Victory;Euro. ſpect. c. f. 148. Truth being by infinite degrees ſtronger then falſehood, having God185 to bleſſe it, Heaven and Earth and all the Creatures of God to witneſſe it, that maugre the malice of all enemies, and craft of all inventions, it muſt needs in the end prevaile, and have the Victory: So as it may well be hoped, That Univerſal Liberty thus moderated, in proceſſe of time, the foundation of Hereſie may be rooted out, and whatſoever is contrary to ſound Doctrine, by drawing their followers and adherents by gentle inſtructions, and powerful perſwaſions; and Truth being left to the deciſion of the Conſcience, and operation of the ſpirit which is one, may in the end prove Univerſally Victorious, and Chriſtendome reduced to Unity, and Truth; The contrary effects whereof continually happen by the Tyranous impoſitions of opinions on mens Conſciences: from whence inteſtine and bloody Wars ariſe, as have been clearly, and fully demonſtrated.
But I am ſtricken with an ingenuous fear,
186leaſt carried away with an unſatiable deſire of the inveſtigation of the truth, I ſhould incurre the popular cenſure of prolixity and as the Poet,Mart.Ne nimius videar ſeraque coronide longus,
And that my diſcourſe ſhould goe beyond its laſt, and the favourable reſpect of the Reader; for as Patricius, Non tam dicendi mihi ratio habenda, quam audiendi; And therefore have I ſuperſeded many animadverſions, which opportunly might have been added, and have choſen rather to offend in brevity, then forgetfull of a mediocrity to tranſgreſſe in ſuperfluity; In which according to Varro's judgement I ſhall ſeeme void of reprehenſion, who averreth, Neminem reprehendendum eſse, qui ad ſpicelegium reliquit ſpiculam: That no man is to be reproved who out of the abundance of a Crop ſhall leave ſome eares of Corn for the Gleaner; And ſo conclude with the cloſe of the Poet,
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