CHAP. I. Of the several significations of Liberty.

IT is a Canon in Logick,Monseca. Just. Leg. Di­stinctio vocis ambiguae sit primum in consideratione. The distin­ction of an ambiguous word is first to be considered, with­out which to proceed, is wilfully to lose time. The name then of Liberty being ambiguous, ought first to be distinguished,Vetle tem­pus perdere and to be divided into its several signifi­cations. For as it respects the power of Nature, it is natural, and by nature ap­propriated to every living creature: And as it reflects on the sociable Condition of man in the state of a City or Common­weal, [Page 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.

CAP. II.

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 understood [Page 3] 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.

CAP. III.

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. So [Page 6] 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.

CAP. IV.

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. [...], 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 freedom [Page 9] flowes from God by nature, by which we are made all equally free.

CAP. V.

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, [Page 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, [...]. 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: [...],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, [...],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; [Page 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. [...]. 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, [Page 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 advanced [Page 13] 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, [Page 14] descended of a Rustick Race,Amn. Vid. patre agre­sti. was exceeding famous in the Arts both of peace and war; Belli pacis (que) artibus 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, [...],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 the [Page 16] 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, most [Page 17] 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, [...],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, which [Page 19] 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, acu­tum [Page 20] & 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.

CHAP. I. Of Property.

GOD, saith St. German, Doct. & Student. l. 1. c. 2. hath in Nature given all men their portion, which they may ap­propriate, and freely use and dispose at their pleasure: Who likewise, to convince the conceit of Community, addeth an inexpugnable argument. If all things were in common, saith he, it was never of the law of rea­son, but in great extremity; for the law of reason may not be changed; but it is [Page 22] e­vident, that the Law of Reason, by which all things should be in common, is chan­ged, and therefore never was of the law of Reason, which is the law of Nature, especially considered; and properly accor­ding to the judgement of Grotius, Juris proprie capax est non nisi ratione utens: De Jur. b. & p. l. 1. [...] c. 2. with whom Gessendus accords, Jus humanum ho­mini proprium est & naturale, Nothing is capable of law,D Philo. E. f. 1549. but what by nature hath the use of reason; and the law of reason, or humane law, is proper and natural to man.

Before there was dominion introduced, the first possessor had a propetty in what he possessed; which by Pliny is called pro­prium habentis, and by Grotius Ius occupan­tis, De Jur. b. & p. l. 1. c. 2. the property of the haver, and right of the occupier; who addeth quod jus qui eriperet, faceret injuriam, which right, who should take away, should doe injury: For as Gessendus, there is justum & injustum na­tura, tametsi nulla societas, nulla pactio civi­um esset, De Phil. Epit. f. 17. 56. There is right and wrong by na­ture, although there had been no society, or paction of people.

Cain and Abel were the first Planters and Occupiers; one had a property in the firstlings of his Flock, and the other in the first fruits the ground.

Abraham and Lot travelling to a new Plantation, had their several goods and occupations. Adam was also in the state of property; for there was one tree where­of he might not eat, in which he had no property: The eating of which,Mr. Askam of gover. f. 22. as Mr. A­skam, was a sinne against property, and therefore theft, theft being a breach of property; for no man can steal, but from the right owner. And the prime duties of the second Table, which is converti­ble with the law of nature, are conversant about the right of property; for if wo­men, and all things were in common, there would be no law against Adultery and Theft.

And for the present, according to the consent of the Civilians,Thol. syn. P. un. l. 20. c. 2. Quae in nullius bonis sunt, occupantium fiunt, What things soever appertain to none, be the occupants. As an Island borne in the the Sea, or a Continent discovered, cedant occupanti, give place to the occupant: A Relique of which remaineth in our Law: As if cestny pour l'autre vie dy before cestny que vie, whosoever entereth first [...]fter his decease shall enjoy the land by the title of an oc­cupant: The substance of all which, ac­curate Gessendus comprehendeth in one sentence, Tol [...]atur omnis lex, De Phi [...]s. Ep. c. 1750. superest tamen [Page 24] lex naturae, ipsum (que) rationis dictamen; quo cavetur, ne quis in alium, quod in se nolit, peccet, ac ne re prius communi, sed occupati­one facta, propria vi, aut dolo spolietur, Take away all lawes, yet the law of nature, and dictate of reason remaineth, by which it is provided, that not any one should commit that offence against another, he would not have committed against him­self; and that he be not by force or de­ceit spoiled of the thing which was first in common, but made by occupation his own.

CAP. II.

THere are insite in our soules common notions and principles ( [...]) which though we have not from our birth,A [...]istot. yet will they irresistibly draw the hearer or conceiver into their consent; by which we are instructed to abhor and shun those vices which are offensive to the Supream Justice: which [Page 25] though, as the Philosopher, [...],1 Pol. c. 3. by reason of an evil affection, contrary to nature, or indeed, per culpam parentum, by our Parents fault they may be depraved and defaced, yet, are they not utterly extinct or abolished: But as Augustine confesseth, Tua lex, Confess. tua lex scripta est in cordibus nostris, quam non ulla unquam delet iniquitas, Thy law, thy law is written in our hearts, which not any iniquity ever doth blot out; which though it may be impaired, and we there­by become uncapable of the exact and in­ward performance of the Law, yet in re­spect of our external Functions, every one hath sufficient power to reign,Melan. de ani. and mode­rate his outward demeanor, that he com­mit no outward or civil act repugnant to the law of nature. And in this sense is Mr. Hobs saying true, that the law of na­ture is easily kept; and the position of the Philosopher also, [...],3 Eth. c, 5. Vertue is in our pow­er as well as Vice. According to which sense he urgeth this Argument, That whatsoever Masters of Families, or 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▪ [Page 26] The which reasons the Divines press more vigorously: For God, say they, hath given unto men Magistrates and Lawes, by which their actions should be ruled, whom the Apostle adviseth to obey, and to doe that is good, and not that is evil, for fear of the sword.Rom. 13. Vain therefore and injuri­ous were this institution of God, the pow­er of Magistrates, Lawes, and the advice of the Apostle, if we were unable exter­nally at the least to fulfill and observe their lawes: For that were to enjoyn im­possibilities, which is tyrannical and ab­surd, and adverse to the rules and ma­ximes of Lawes; for it is a maxim in our Law, Lex non cogit ad impossibilia: and a rule among the Civilians,Cook. Inst. f. 921. a. Tholos syn­tag. Jur. Ʋniv l. 44. c 10. Quae possibilia non sunt, non obligant, The Law compels none unto impossibilities; and if it should, impossible preceps do not binde.

CAP. III. Of Peace.

NAtura est quietis appetens, saith Bodin, Nature is desirous of quietness; for Peace and Concord are the Union of the Universe;Macro [...]. S m. Sci [...]. l. [...]. c. 14. witnesse the harmony of the [Page 27] 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. Rudiments And 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, [...]:7 Pol. c. 1. And as Tully, Ʋt in pace vivatur, That we may [Page 28] 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.

CAP. IV.

MEn are by nature sociable,Arist. l. 1. Pol.. c. 2. and more sociable then Animals, which are [...], congregable creatures, by reason of their language, which is [...], the communicative organ of society. [...], 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 we [Page 30] 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 [...], 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 with [Page 31] 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 and [Page 32] 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 from [Page 33] law and right, is the worst of them all: [...], 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, [...],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: [Page 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 [...]. 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 victores (que) subire regi­am [Page 36] 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.

CAP. VI.

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 ap­parent [Page 37] in the Regiment of Beasts, among whom the strongest alwayes precede. And it is Aristotles position,Ar. 1. Pol. c. 4. Alexanders Paeda­gogue, [...], 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 [...], 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: [...]: 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 sub­scribed [Page 37] 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.

CAP. VI.

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 pleros (que) populos, & 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 the [Page 39] 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, [...], 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, [Page 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.

CAP. VII.

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; [Page 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, [Page 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) [Page 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, tantum (que) haber [...]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 down [Page 45] 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, [Page 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 populos (que) vi, & 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 domi­nion [Page 47] 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, [Page 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. [...], 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 is [Page 49] a popular, not a royall power, when the Common-weal is governed by the ar­bitrement of the people, and not a King; and by which rule, Moses the most just and wise Prince, may be reputed to be the greatest tyrant, because he enjoyned, and prohibited, almost all things contra­ry to the will and mind of the peo­ple.

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

And in all the records and acts of our Laws, there is no mention of any usur­pation, but onely of the Popes usurped authority,28. Hen. 8. who went beyond his last, and pastorall authority, to meddle with any royall jurisdiction; to which, the Church was alwayes subject: else it might have been declared, that William the Conque­rour was an usurper; for Edgar was the right heir, and Stephen an usurper, who as primus occupans, Baker. 66. Qua ex hostibus capiuntur, jure sta­tim ca­pientium sunt. Grot. De jure b. & p. l. 3. c. 5. Phil. Rud. sect. c. 4. and by force procured himself to be King; and by the Law of war, whatsoever the Victor obtaineth, is his right: jus est in armis; and as Mr. Hobs, a sure and irresistible power con­ferreth the right of dominion and ruling over those cannot resist; and the Con­queror may by right compell the conque­red, unless he will choose to dye, or give caution of his future obedience, which is a just right and title, surmounting, and swallowing all other rights; as Suidas [...]: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, [Page 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, [...],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

CAP. VIII.

IN the beginning of Government, the wills and decrees of Princes were Laws,Just. l. 1. [Page 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 utris (que) imperans, 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, [...] ▪ 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 which [Page 54] 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 would [Page 55] 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, bonum (que) non 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 [...].Suet▪ And the Em­perors generally had their [...], the Councel-chamber, or Cabinet-councel, wherein they did ponder and [Page 56] diligently consider [...],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.

CAP. IX.

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 Em­pire [Page 58] 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, [...],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,

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 the [Page 59] 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, especi­ally [Page 60] 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 on [Page 61] 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 to [Page 62] 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 Emperours [Page 63] 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, yet [Page 64] 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; [...], 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 his [Page 65] 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 [...] 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 the [Page 66] 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; for [Page 68] 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 [...], 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 the [Page 69] 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 [...],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.

CAP. X.

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, [...], 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 by [Page 71] 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, [...]: 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, [...], 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 the [Page 72] 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, [...]. 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 de­rived [Page 73] 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 [...],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 [...], 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 Civilians [Page 75] collect, that according to the course of nature, there is a principality in those things which are not concrete, but [...], 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. ne (que) orbem 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, [...] But of these Royalty is the best.

CAP. XI.

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 Hydras [Page 78] 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 have [Page 79] 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 by [Page 80] 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.’ [Page 81] And 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.

CAP. XII.

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, as [Page 83] 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 illustri­ous [Page 84] 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 detestable [Page 85] 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, tueri (que) acta, 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 peace [Page 86] 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 & [...], pains and pangs of one labouring for delivery, and in the end bringing forth [...], 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, mente (que) regeretur: 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, [Page 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 did [Page 88] 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 blessed [Page 89] 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 magnani­mousBlake, Monk, and Pen. Vantrump. quasi d [...]as Maris. Argonautes calmed the fury of the maritine & raging * Belgian Tritons; who, [Page 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, pacis (que) artibus 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.

Yet 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 so [Page 92] 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.

CAP. XIII.

MOnarchy was from the beginning; Et primum in unoquo (que) genere, est causa reli­quorume ejudem generis, & that which is the [Page 94] 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 more [Page 95] 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, which [Page 96] 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.

CAP. XIV.

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 are [Page 97] 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 is [Page 98] 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, [Page 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 this [Page 100] 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 optan­dum [Page 101] 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?

CHAP. XV.

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 [...], every one may live happily: which happinesse as Cicero, con­sists in these two things, in their Protecti­on, and in their Procuration of conveni­ent [Page 102] 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. [...],Arist. 8. Eth. c. 11. that they may do well; as a Pa­stor hath of his Flock: hence saith he, Homer called Agamemnon [...] 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 [...] quasi [...],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 love [Page 103] 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 [...] what is profitable to him selfe, but a King [...], 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 a [Page 104] Prince.Prov. 14.28. Sint quibus imperet.

2. A Prince therfore [...], 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 [...]:Arist. 8. Pol. c. 5. De Jure regni apud Sco. Civil, and [...] 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: [Page 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 [...]h [Page 106] is the Social and Civil Liberty, free one­ly from Service, Rapine, and Injury.

As the Philosopher: [...], 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 vicinorum [Page 107] 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 in­duceth [Page 108] 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 well [Page 109] do truly serve them: And it is the Phi­losophers, that a right Prince ought [...], 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.

CAP. XVI.

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 of [Page 111] 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, va­lour [Page 112] 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 this [Page 113] 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 gained [Page 115] 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 the [Page 116] 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 Co­lumbus [Page 117] 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 of [Page 118] 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.

CHAP. I.

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, that [Page 118] 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 the [Page 119] 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, [Page 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 enim [Page 121] 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 ever [Page 122] 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.

CAP. II.

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 opened [Page 124] 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, of [Page 125] 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 e­very [Page 126] 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 re­surrection [Page 127] 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.

CAP. III.

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 ex­treme [Page 129] 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, [Page 130] they laboured by stripes and impri­sonment to hale unto them.Grot. de J. B. & P. f. 78. At (que) ita 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 Empe­rour [Page 131] 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 aux [Page 132] 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.

CAP. IIII.

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 [...], 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 [...] impatible; Quod adeò solum sit verè liberum ut impediri per­turbari (que) nullatenus 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, [Page 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 liber­ty [Page 135] 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, [Page 136] a torture of minds, and is indeed a spirituall tyranny.

CAP. V.

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; [Page 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, [...]. 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. in­ferret (que) Deos 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.

And 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 [...] 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 order [Page 139] the affairs of the Church: (a relique, of which in these corrupted times still re­mains; of which Mr. Herbert Herbert, 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, [Page 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 to [Page 141] 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 pro­ceeded [Page 142] 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 the [Page 143] 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. King [Page 144] 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 defend [Page 145] 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 tanquam [Page 146] 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 evil [Page 147] 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 in [Page 148] 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 for [Page 149] 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, [Page 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 shall [Page 151] 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 potent [Page 152] 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 repell [Page 153] 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 led [Page 154] 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 a [Page 155] 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 destructi­on [Page 156] 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, [Page 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 which [Page 158] 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.

CAP. VI.

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 is [Page 160] 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. [Page 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, [...]: 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 [...] was their victo­ry.

Among 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 over [Page 163] 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 [...]. [Page 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 suspition [Page 165] 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 of [Page 166] 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: [Page 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.

CAP. VI.

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 carried [Page 168] 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 shun [Page 169] 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 [...] 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: [Page 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 against [Page 171] 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 was [Page 172] 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 all [Page 173] 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.

CAP. VIII.

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, [Page 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 faevi­ant [Page 175] qui nesciunt quantis gemitibus, & suspi­riis fiat, ut ex quantulacum (que) parte 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 me [Page 176] 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, [Page 177] promiscua erant connubia, vagi concubitus, nulla temporis loci (que) habita 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, whose [Page 178] 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.

CAP. IX. The Epilogue, or Conclusion of all.

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 all [Page 179] 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 and [Page 180] 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 di­vers [Page 181] 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, but [Page 182] 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 alwayes [Page 183] 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 potestatem (que) subjectus 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 the [Page 184] 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 [...],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 God [Page 185] 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,

[Page 186] least 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,