The right of dominion, and property of liberty, whether natural, civil, or religious. Wherein are comprised the begining and continuance of dominion by armes; the excellency of monarchy, and the necessity of taxes, with their moderation. As also the necessity of his Highness acceptation of the empire, averred and approved by presidents of præterit ages, with the firm settlement of the same against all forces whatsoever. / By M.H. Master in Arts, and of the Middle Temple.

LIB. II. Of Civil Liberty. (Book 2)

CHAP. I. Of Property.

The Law of property flows from the Spring of Nature.

Claud.

Natura beatis Omnibus esse dedit si quis cognoverit uti.

Nature assignet happinesse to all, If any one knew how to use it.

GOD, saith St. German,* 1.1 hath in Nature given all men their portion, which they may ap∣propriate, 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 rea∣son, but in great extremity; for the law of reason may not be changed; but it is

e∣vident, that the Law of Reason, by which all things should be in common, is chan∣ged, and therefore never was of the law of Reason, which is the law of Nature, especially considered; and properly accor∣ding to the judgement of Grotius, Juris proprie capax est non nisi ratione utens:* 1.2 with whom Gessendus accords, Jus humanum ho∣mini proprium est & naturale, Nothing is capable of law,* 1.3 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 pro∣prium habentis, and by Grotius Ius occupan∣tis,* 1.4 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 na∣tura, tametsi nulla societas, nulla pactio civi∣um esset,* 1.5 There is right and wrong by na∣ture, 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 where∣of he might not eat, in which he had no property: The eating of which,* 1.6 as Mr. A∣skam, 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 converti∣ble with the law of nature, are conversant about the right of property; for if wo∣men, 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,* 1.7 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 oc∣cupant: The substance of all which, ac∣curate Gessendus comprehendeth in one sentence, Tol••atur omnis lex,* 1.8 superest tamen

lex naturae, ipsum{que} rationis dictamen; quo cavetur, ne quis in alium, quod in se nolit, peccet, ac ne re prius communi, sed occupati∣one 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 him∣self; and that he be not by force or de∣ceit spoiled of the thing which was first in common, but made by occupation his own.

CAP. II.

That men have power by Nature not to commit any outward act repug∣nant to the law of Nature.

THere are insite in our soules common notions and principles (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) which though we have not from our birth,* 1.9 yet will they irresistibly draw the hearer or conceiver into their consent; by which we are instructed to abhor and shun those vices which are offensive to the Supream Justice: which

though, as the Philosopher, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.10 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,* 1.11 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 there∣by become uncapable of the exact and in∣ward performance of the Law, yet in re∣spect of our external Functions, every one hath sufficient power to reign,* 1.12 and mode∣rate his outward demeanor, that he com∣mit no outward or civil act repugnant to the law of nature. And in this sense is Mr. Hobs saying true, that the law of na∣ture is easily kept; and the position of the Philosopher also, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.13 Vertue is in our pow∣er as well as Vice. According to which sense he urgeth this Argument, That whatsoever Masters of Families, or Law∣makers command, or forbid, must be in our power; but they command vertuous actions, and forbid those are vitious; ther∣fore such actions must be in our power▪

The which reasons the Divines press more vigorously: For God, say they, hath given unto men Magistrates and Lawes, by which their actions should be ruled, whom the Apostle adviseth to obey, and to doe that is good, and not that is evil, for fear of the sword.* 1.14 Vain therefore and injuri∣ous were this institution of God, the pow∣er of Magistrates, Lawes, and the advice of the Apostle, if we were unable exter∣nally at the least to fulfill and observe their lawes: For that were to enjoyn im∣possibilities, which is tyrannical and ab∣surd, and adverse to the rules and ma∣ximes of Lawes; for it is a maxim in our Law, Lex non cogit ad impossibilia: and a rule among the Civilians,* 1.15 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;* 1.16 witnesse the harmony of the

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 di∣stinct species.

Horat. Ep. 7. Ne{que} alius lupis mos, nec suit Leonibus Ʋnquam nisi in dispar feris.

Juv. Saevis inter se convenit ursis.

Among themselves the Lions, Wolves, and Beares agree.

Much more should men of the same na∣ture and similary shape, and above all o∣thers more sociable and communicable by speech, live quietly and peaceably.* 1.17 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 funda∣ment law of nature, at which all human laws level, even the law of war and arms, whose ultimate aym is peace: As the Phi∣losopher, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉:* 1.18 And as Tully, Ʋt in pace vivatur, That we may

live in peace. So Salust, Sapientes pacis causa bellum gerunt,* 1.19 laborem spe otii susten∣tant, 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,* 1.20 then the corrupters of pri∣vate vertues; against Riotors, Robbers, and Homicides, then against Libidinous, Luxurious, and Deboist persons, censu∣ring the one with infamy or pecuniary mulcts, and the other with corporal or ca∣pital punishments.

CAP. IV.

1 Man by nature is a sociable erea∣ture.

2. The causes of humane society.

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

4. The original and provoking cau∣ses of disorder among men.

5. The origine of Dominion.

MEn are by nature sociable,* 1.21 and more sociable then Animals, which are 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, congregable creatures, by reason of their language, which is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the communicative organ of society. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, saith Anaxagoras: and Cicero, Pares cum paribus facillime con∣gregantur, Like will to like,* 1.22 which pro∣ceeds from their natural affections, foun∣ded on the similitude of nature, which hath constituted a certain alliance among all men. To which purpose Grotius,* 1.23 Na∣turalis juris mater humana natura etiamsi re nulla indigeremus ad societatem natura appe∣tendum ferret, Humane nature it selfe, the Mother of the natural law, though we

wanted nothing, would lead us by nature to the desire of society.

Conservation also is the cause of soci∣ty. Natura enim est rapax similium, quia omne conservatur similitudine. Nature lon∣geth for the like,* 1.24 because it is conserved by the like: And as Gessendus notably, Mutual indigency and imbecillity,* 1.25 which nature hath framed, is the cause of natu∣ral society, that men may use their sub∣stance more safely: And as Tostatus, Ne∣cessity was the original of civil communi∣cation for the mutual conservation of mankind. Neither were men in the first age dissociable, fusi per agros & dispersi mon∣tibus altis, as the Poets feign, scattered in the fields, and dispersed on the mountaines; but according to their natural inclinati∣ons, had their several Associations and Families: Neither were there any 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, vagrants or vagabonds;* 1.26 for it was inflict∣ed as a punishment on Cain for the slaugh∣ter of his brother Abel.

And in those golden times, and to which the quality of charity and simpli∣city were proper,* 1.27 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

what they gathered and collected to their proper use. That though turfy bowy booths and caves were their habitation,* 1.28 yet lived they free from mutual molesta∣tions; as Cain and Abel seemed to have done for a long space; for we read not of any discontent between them, untill the slaughter of Abel, which was above 100. yeares from the Creation: And so odious were all injuries in that Age to mankinde, that every one was naturally a Magistrate to punish the breakers of peace, and the law of nature, which caused Cain to cry, Whosoever shall finde me will slay me: Of which times the Poets also truly;

Petronius. Conservabat opes humilis casa. A simple Cottage conserv'd their goods.

And Boetius. Odiis nec fusus acerbis Cruor arma tinxerat. Neither had bloody wounds flowing from bitter hate Bedi'de their swords.

Charity and Simplicity had sudh pow∣er over them, that they naturally abhor∣red 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

golden precepts of the law of nature, & to invade others properties. Then might be∣came right, & id aequius quod validius, he was most just was most powerful, witness the first Tragedy of Abel. And as the Poet,

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

The mighty would not permit the fee∣ble to possesse those things they had col∣lected and occupied, but ranged with Brennus Motto in their mouths,

Omnia sunt validiorum. All things belong unto the stoutest.

And roving up and down, used it as a calling, by force and rapine to oppresse the impotent, and enrich themselves, holding it no disgrace, so as it was vali∣antly performed. To which Cicero, speak∣ing of that Age, assenteth: Ʋt tantùm haberent quantum manu ac viribus per eoe∣dem & vulnera eripere,* 1.29 aut retinere potuis∣sent, That so much they had, as by force and strength through wounds and slaugh∣ters they could obtaine or retaine. For though man, as the Philosopher, conside∣red in his perfection, is the best of all li∣ving creatures;* 1.30 yet having fallen from

law and right, is the worst of them all: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a most impious, fierce and cruel creature, far surpassing the wilde beasts in malice and immani∣ty.

Hence arised wars worse then Civil, and horrid Homicides; covetousnesse on the one side, and desire of revenge on the other,* 1.31 furnished them with Armes and weapons.

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

The injured party labouring with all their might to fortifie themselves,* 1.32 and re∣cover their losses, had recourse to the re∣doubtest and wisest of their Families, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.33 of many others the worthiest, imploring his Heroical Assist∣ance, and that he would accept to be their General, which he confidently and cou∣ragiously undertook, as well for their good and utility, as his own honour and safety.

Nam tu•••• res agitur, paries cum proxi∣mus ardet. Virg.

Neere is the danger when the next fence is fired.

* 1.34Who armed with force and vertue, ha∣ving ordered and encouraged his cohorts and associates (who cohorting one ano∣ther to the combate, resolved either to die, or gain the Victory) gave the plun∣dering 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 ig∣noble 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,* 1.35 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:

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,* 1.36 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,* 1.37 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 va∣lour, as it passed for a proverb, As ano∣ther 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 subse∣quently practised by many Martial He∣roes: As Justin relates of Philip of Mace∣don, that by ministring ayd unto the wea∣••er side, Victos pariter victores{que} subire regi∣am

servitutem coegit,* 1.38 compelled the Con∣querors as well as the conquered, to un∣dergo a royal servitude. And it is recor∣ded of the Romans by Cicero, the studious observator of that State, That by relei∣ving their confederates, they augmented their Commonweal;* 1.39 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.

Dominion by right belongeth to the valiant man.

IT was the judgment of Polybius, Scipio's Master, That it was a necessary that he who excelleth in strength of body and courage of minde,* 1.40 doe obtain the Prin∣cipality and Empre; and this is, saith he, the very work of nature, which is ap∣parent

in the Regiment of Beasts, among whom the strongest alwayes precede. And it is Aristotles position,* 1.41 Alexanders Paeda∣gogue, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whatsoever is superiour in pow∣er, excelleth in goodnesse; for without Vertue, Force cannot safely consist: And therefore doe the Grecians conjoyn them, and call valourous men 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, good men: And the Latines derive virtus à viro, vertue from a man, as if Man∣hood comprehended all Vertue, as it hath been antiently taken, and so is expressed by one of the Ancients.

Plaut. Amph. Virtus praemium est optimum; Libertas, salus, vita, res, pa∣rentes, Patria, & prognati tutantur, servantur. Virtus omnia in se habet; omnia assunt bo∣na quem penos est virtus.

Valour is worthy of the best recompence; Freedom, Life, Safety, our Friends and parents, Our Country, Kindred, are by it preserved. Valour hath all things in it, and all things flow▪

To him who gives the valourous victo∣rious blow.* 1.42

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

Juv. Ipsius certe ducis hoc referre videtur, Ʋt qui fortis erit, sit felicissimus idem.

This certes reflecteth on a Generals aym, That he who valourous is, thrice happy reign.

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

Honor. Emitur sola virtute potestas.

* 1.43And Tully, a bitter Antagonist of Caesars, and Monarchy, for the same reason sub∣scribed

to it and him, saying, Demus igi∣tur 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-assu∣med, and maintained in his Philippick O∣rations 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 e∣quality 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.

1. To reduce the Conquerours with the conquered into one Govern∣ment, is a prudent part of the Con∣queror.

2. How it may without danger be effected.

IT is a principal part of the Imperial art, to reduce the Conquerors with the con∣quered into an uniform model of Govern∣ment: 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:* 1.44 And Caesar, the Founder of the Roman Empire, after the conquest of France, mingled the Gauls among his Le∣gions, whose Auxiliary Forces much a∣vailed him in all his Victories; for which, at his return to Rome, in requital he pla∣ced 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

vanquished, and so dispose them into one Civil Body. Concerning which, acute Clapmere propoundeth this caution,* 1.45 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 bo∣some; as Caesar did, who embraced his greatest enemies in the armes of his cle∣mency, to his lamentable destruction; for those whose lives he saved, and honoura∣bly preferred, plotted and acted his bar∣barous slaughter, which made him ex∣claim 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 admonish∣ment and precept of his Master Aristotle, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to be friendly to his famili∣ars, and severe to strangers;* 1.46 and to con∣tein the Grecians by love and respect, and retein the Persians by command and au∣thority; intreated the one not as conque∣red persons, but as companions of his Victory, Non quasi victos, sed victoriae soci∣os habuit: and handled the other not as his commilitons, and fellow-conquerors,* 1.47 but as slaves and subjects of his cruelty,

rashly murthering Clytus, the preserver of his life, and cruelly putting to death Philotas, Parmenio, and divers other no∣ble Graecians, who by their valour had seconded him in all his conquests; for which, and other such ungrateful inso∣lencies, 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: A∣lexander, and Caesar, the greatest Monarchs on earth, could not attain to this medium of policy, the one being faulty in foster∣ing his foes, and the other in despising his friends; for as concerning foes, Clap∣mere concludeth,* 1.48 that in such cases ex∣tream 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 sa∣fer rule,* 1.49 Cum ex indulgentia nihil timen∣dum est, rationi, bonitati, & clementiae locus relinquatur; Where nothing is to be feared in being indulgent, let place be gi∣ven to moderation, goodness, and cle∣mency, which he saith is honourable, and worthy of praise, and as the Poet, the greatest victory.

Nulla est victoria major, Quam quae confessos animo quo{que} sub∣jugat hostes.

No greater victory there is, Than to subdue the mindes of men, and make them his.

CAP. VII.

1. Dominion was first procured by armes.

2. That it is not disseisin, robbery, ty∣ranny, or usurpation.

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

SVbjection is neither natural nor volun∣tary, 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 do∣minion, and conquest onely puts him in possession: and it is averse from rea∣son, that men should expose their natural liberty to imperious subjection, unless incited by fear, or constrained by force;

as Judicious Patricius,* 1.50 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 Ri∣der, but for fear of the Bull, his enemy, by which means the Rider obtained the do∣minion of them both, & had vitae & necis potestatem over them both; and it is con∣trary 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 after∣wards, some by succession, and others by election,* 1.51 were made Kings; as Tholosanus, primus vi constituit imperium, alii partim suc∣cessione, alii electione facti reges, which af∣terwards was not perpetual, but some∣times 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,

Danes, Normans, and other particular for∣ces, 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 bar∣barous and wandering people into socie∣ties and Cities, and instructed them in commodious arts, or conferred other be∣nefits on them, as Saturn, Jupiter,* 1.52 Bac∣chus, and Ceros; which as Bodin truly, in Jubilis poetarum, quam reipsa est illustrius, which is more illustrious by poetical fig∣ments, than reall truths.

Neither were those times according to their fictions, free from discords and di∣gladiations; for Jupiter by force,* 1.53 depri∣ved his father of his Scepter, and was made famous for his parricides, libidi∣nous 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,* 1.54 Joves spurious impe, is affirmed to have first by force invaded and conquered the East In∣dies. This was the impious and furious product of that golden and Halcyon age••e and whereas divers otherwise exquisi∣tively learned, following the tract of Herodotus (as Justine, Cicero, and others)

(who though for antiquity is stiled by Ci∣cero,* 1.55 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 He∣roick 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 con∣troversies to one, whom servandae Justitiae causa,* 1.56 as Cicero, to do justice, they consti∣tuted a King, as they pretend, which ab∣horreth from all probability and pra∣ctice;* 1.57 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 viri∣bus per caedem & vulnera accipere,* 1.58 & reti∣nere potuissent. That such was the nature of things, that for a certain time, men being dispersed, did wander up and down

the fields, and had onely so much as they could snatch, and keep; which also in Caesars time,* 1.59 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 con∣tinuance; 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,* 1.60 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 re∣duced to a civil Government, unless by force & power of a victor, which was first attempted and atchieved by Nimrod;* 1.61 who as hath been premised, in vigor of body,

and vertue of minde,* 1.62 surpassing others, by his humanity and benignity to distres∣sed 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,* 1.63 we read of none in the sacred Scriptures, to have reigned be∣fore him; Quid igitur (saith one, not su∣perficially versed in Politick principles) profanas historias quaero? Legimus in sacris litteris, Nimrod alia via sibi procurasse impe∣riū; 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, un∣advisedly conjecture, that the atchiev∣ments and purchases of such as win domi∣nion

by armes, are disseisins, rapins, tyran∣nies or usurpations; whereas they are the work and ordinance of God, who is the Lord of hostes, and naturally reign∣eth over all by his might; for which rea∣son, Nimrod is said to be a mighty hunter befor the Lord,* 1.64 and was not onely cal∣led so, because he excelled in might, but that he nutu & ductu Dei, by the divine im∣pulse and conduct, should force the bar∣barous 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 peo∣ples obedience must goe along and wait on Gods providence; and whom to resist, though a Nebuchadnezar, were to fight a∣gainst 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,* 1.65 whom God honoureth with the name of his ser∣vants, and which title is not to be found in the Scriptures, by application to any Governour; and as Musculus well obser∣veth 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 Go∣vernment,

if it fall to a good man; and therefore is that place perversly by some Expositors abused,* 1.66 who with the Anabaptists thence inferre dominion to be tyranny, and that it is not the ordi∣nance of God; non coram Domino, sed con∣tra Dominum, contrary to the will of God, and minde of the people; where∣as all power in it self is of God, as Sa∣muel said to the Israelites,* 1.67 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 ty∣ranny,* 1.68 and is a vice proceeding aliunde from the malice of men, and as Arist. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a wick∣ed King is a tyrant. Seneca speaks excel∣lently to the same purpose, that a Tyrant differs from a King,* 1.69 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 privi∣ledge is all one, but that tyrants use ri∣gor 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

a popular, not a royall power, when the Common-weal is governed by the ar∣bitrement 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 contra∣ry to the will and mind of the peo∣ple.

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,* 1.70 and chances of Kingdoms depend upon God, which is particularly apparent in the confer∣ring of the ten Tribes of Israel on Jerobo∣am, which in it self was an usurpation, in the right of Rehoboam;* 1.71 yet notwith∣standing, 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 de∣terred from that expedition, by the Pro∣phet Shemaiah, because the Lord by him had demonstrated himself to be the au∣thor of that act; A me inquit factum est ver∣bum 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 usur∣pation, but onely of the Popes usurped authority,* 1.72 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 Conque∣rour was an usurper; for Edgar was the right heir, and Stephen an usurper, who as primus occupans,* 1.73 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 con∣ferreth the right of dominion and ruling over those cannot resist; and the Con∣queror may by right compell the conque∣red, unless he will choose to dye, or give caution of his future obedience, which is a just right and title, surmounting, and swallowing all other rights; as Suidas 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉:* 1.74 There is no Law so potent, as the Law of armes; for whosoever exceedeth in power, his commands and acts are e∣steemed most just: and that is a good plea in the Court Martial of all Nations, a∣gainst all disseisius, tyrannies, usurpations,

and all demands whatsoever, that it was obtained by battel and conquest; as when Solyman demanded Rome of the Pope,* 1.75 de∣claring 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 an∣nis contra omnem vim possidemus, ac ferro de∣fendemus; That at this present, from ma∣ny years, we possess it against all force, and by the sword defend it.

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

And this law saith the Philosopher, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.76 is a kinde of consent and compact among all Nations, at which the Comaedian pointeth, discoursing of a pitch field.

Plaut. Convenit, utri victi sint eo praelio, Vrbem, agros, focos seque dederent.

It was agreed, that they who conquered flies,

Should yield their Cities, fields, and families.

For the Victor hath an universall, not a particular right,* 1.77 and that without any relation to the cause, but onely to the bare fact, ex quo jus oritur, saith Grotius, from whom the right ariseth; and which is an eternall Law, and a custome which hath been confirmed by the practice of all Nations, from Nimrod the great Hunter, to Ottaman the great ranger, and so will continue

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

CAP. VIII.

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

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

3. That secrecies of State properly ap∣pertain to the Prince.

IN the beginning of Government, the wills and decrees of Princes were Laws,* 1.78

So saith Justine of the Assyrian, Arbitria regum pro legibus erant:* 1.79 and of the A∣thenian, Libido regum pro legibus erat, who for their approved moderation and equi∣ty,* 1.80 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,* 1.81 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 propoun∣ded by the Peripatetical disputant, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪* 1.82 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 e∣mergent 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

reason Anacharsis derided Solon, when he enterprised to make lawes, saying that it was ridiculous to conceive that the in∣juries and ambitions of men would be reclaimed and restrained by mute and dead letters, which would not differ from spiders cobwebs, that detein the lesser not the greater flies, out of which the potent and richer persons would easily escape, as the Poet,

Dat veniam Corvis, vexat censurac o∣lumbas. Censure doth crows enlarge, and vexeth silly Doves.* 1.83

Whereupon Plutarch in the life of So∣lon relateth, That he by the constitution of his lawes, obtained not that happy end he expected, which arrogancy and inso∣lency 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,* 1.84 a President of the law, ac∣knowledgeth) we should need few lawes, and fewer Lawyers: Doe as you would

be done to, would rule us all, and every mans conscience would supply the place of both Advocate and Judge, which also, as Salust,* 1.85 was anciently practised a∣mong 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 Com∣monweale may be governed by subordi∣nate 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 pre∣sent glory and safety of the Empire. Ti∣berius callidissimus omnium Imperatorum,* 1.86 of all Emperors the craftiest, referred pub∣lique affairs to the cognisance of the Se∣nate; yet reserved he jus & vim Imperii,* 1.87 the power and right of the Empire to his secret deliberation. Augustus also when he intended to consult and deliberate a∣bout the secret affaires of State, repai••ed to a private and close place, which he cal∣led Syracusas, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.* 1.88 And the Em∣perors generally had their 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Councel-chamber, or Cabinet-councel, wherein they did ponder and

diligently consider 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.89 the secret and oc∣cult occurrences concerning their safety: who also had their special Edicts, which they called peculiaria, & nova Edicta, pecu∣liar & new Edicts, which were promulged upon extraordinary and unexpected oc∣casions, containing in them the vigour of Lawes. Not much unlike to our Prin∣ces Edicts and Proclamations, which Mr. Pimm, the prudent and severe observer of passages of State,* 1.90 stileth the great and most eminent power of a Prince, & the glorious beams of Majesty, most rigorous in com∣manding 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.

1. Empires are conserved by Arms.

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

3. Guards are necessary for the safe∣ty of a Prince.

4. And are not tyrannical, but Ba∣silical.

5. Lawes are protected by Armes.

THe conservation of an Empire is the maintenance of the Militia: For, Eodem modo quo quid constituitur conserva∣tur: And as Scaliger,* 1.91 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 re∣solve, Quod principatus armis quaesitus ar∣mis tenendus est, That a Principality ac∣quired by Armes, is to be reteined by Arms. For as Salust, Imperium iis facilè artibus retinetur quibus partum est,* 1.92 An Em∣pire

is easily reteined by those meanes it was obteined. And therefore the Strato∣cratique and Military Empire is univer∣sally more lasting and permanent, be∣cause by the power of Arms it is sustain∣ed, and maintained against forreign In∣vasions & intestine Seditions. For as Aristo∣tle, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.93 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 aug∣mentation and duration of all Empires,

Hor. 1. Ser. 8. Tempora si fastos{que} velis evolvere mundi.

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

And which at this present is more per∣spicuously eminent in the great growth and constant conservation of the Turkish Empire,* 1.94 which as Camerarius, Confusum ex diversis nationibus, & militari manu conservatum, ad maximam potentiam eve∣ctum est, composed of divers Nations, and conserved by Military force, is advanced to the greatest power, and also to the

highest Title, the Turk stiling himselfe Imperatorum ter maximus,* 1.95 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 conser∣vation and augmentation of his Ianisaries and other Military Forces he hath attain∣ed, 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 conti∣nual augmentation and duration of the Empire, which consisteth in the power of Armes,* 1.96 and may by it be made Impe∣perium sine fine, if it continue invincible, which is not impossible through Gods as∣sistance, 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 Pla∣tonists 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 im∣primis summum Imperium cum invidia con∣junctum est,* 1.97 All excellent things, especi∣ally

the Supreme Power, is conjoyned with envy, which accompanied with am∣bition and satiety of the present Gover∣nour or Government, do frequently move many factious people to spurn at the Ma∣jesty of Authority, and to study new de∣signes; who easily may (if no bar, or preventing obstacle be interposed) lay violent hands on the Prince, and so di∣sturb & surprize the Commonweal:* 1.98 For, Majestas Imperii salutis est tutela, The Ma∣jesty of the Empire is the protection of safety: For if the Majesty of a Prince be not maintained, the safety of a State can∣not continue, but will fall into divisions and turbulent factions: For as Sir Ed∣ward Cook, A Prince is caput & salus Rei∣publicae, & à capite bona valetudo transit in omnes, The head and safety of a Com∣monweal;* 1.99 and from the head health is conveyed to all. And for this cause is his person sacred, that whosoever offer∣eth 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

Gods providence for his protection, and rely on the reason of Antoninus, Si Divi∣nitùs ipsi debetur Imperium, non poterimus ip∣sum interficere, etiamsi velimus, If the Em∣pire was due to him by gift of God, we cannot destroy him if we would; nor on the resolution of Vespasian, who admo∣neshed the Conspirators of his life, that they should desist from treacheries; Si fa∣to ipsis deberetur Imperium, si iis adjumen∣to futurum, If the Empire should be due to them by destiny, and that it would be an assistance to such.* 1.100 For the eternal o∣pifex 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 Em∣perors be provident and circumspect to use all ordinary meanes by Armes, or o∣therwise to secure and guard their per∣sons: For as Cato, Vigilando, agendo, bene consulendo, prospere dii omnia concedunt:* 1.101 ubi socordiae & ignaviae te tradideris, nequa∣quam 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

negligence and idlenesse, do not implore the Gods, they are angry and displeased. For as Solomon, The slothful man killeth himselfe,* 1.102 but in labour there is profit: Dii omnia laboribus vendunt, To which Gods power is alwayes and many times mira∣culously assisting, as it was to Sampson, and David. And therefore have all Prin∣ces 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 sel∣dom safe.* 1.103 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 con∣stantly 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 co∣horts which were continually in a readi∣nesse to prevent seditions; which provi∣dent postures the succeeding Emperours

observed; the which also at this present is practised by most Princes; And in En∣gland was first instituted by Henry the se∣venth,* 1.104 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 pro∣vidence 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,* 1.105 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 other∣wise 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

did he appoint Philippus and Jolas his sons to be his cup-bearers,* 1.106 and foretasters, a place of eminent trust, and imminent pe∣rill, whom Antipater suborned to take away his life by poyson.

Neitheir is this State-policy a tyran∣nical device, as some detractors from ma∣jesty affirm; for by the Iudgement of A∣ristotle a perstringer of tyrants, a guard is as well basilicall as tyrannicall; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, such a guard is royal, and not tyrannical; and he putteth this difference between them,* 1.107 that the one is guarded by forreiners and strangers, and the other by natives and Citizens; wherein Alexander also forget∣ing his Masters precepts, drew upon him∣self the suspicion of tyrannie, in com∣mitting 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,* 1.108 for ha∣ving a design to bring in Germane horse, as a presumption of tyranny. Other dif∣ferences also the Philosopher addeth, that a tyrant respects his potent power, and private commodities, and a King his

Princely honour, and publick utility; that the one fortifieth himself to the de∣struction 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 pro∣tection of the Law, which as the Philoso∣pher,* 1.109 is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 the safety of a City; and in another place, is more neces∣sary than bread, by which the people are sustained and preserved from the inju∣ries of the unjust, as the Poet,

Hor. Jura inventa metu injusti fa∣teare necesse est.

Who cannot but confess that Laws first given were for fear of the unjust?

Yet as a Lawyer saith, Lex otiosa est,* 1.110 & in∣utilis potestas, & quasi Campana sine pistil∣lo, 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 recei∣veth its life and authority; so saith the Apostolical Lawyer,* 1.111 If thou dost that is evill, be afraid; for he beareth not the sword for nought. Armes and the sword are the

Protectors of the Laws, as their great Pro∣tector Justinian declareth, who discour∣sing of their mutual assistance, putteth it down in his Institutes: Illorum alterum alterius auxilio semper eguit, & tam res mili∣tares legibus, quam ipsae leges armorum praesidio servatae sunt; The one hath al∣wayes needed the others help; and as well military affairs are preserved by the Laws, as the Laws by the protection of Armes;* 1.112 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,* 1.113 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,* 1.114

Nec me regnante▪ licebit Gunt. Has cuiquam nostras impune la∣cessere leges: At ••si quis tumidus praesumpserit obvius i re Supplicium praesens manifestaque poena docebit

Non magis invictum bello quam legibus ess••.

It lawfull shall not be whilst we do reign, That any one should slight our Laws in vain; And whosoere shall proudly them oppose, Present and publick punishment shall disclose Us both by Laws and Arms to be invincible.

Which also hath been the Soveraign care of our Albion Princes, who by oath protested themselves Protectors of the Laws; some of them using all diligence to abbreviate their volumes, and purge them from irregularities; for which Ed∣ward the Confessor is magnified, who out of an indigested rapsody and cento of nu∣merous Laws (which the Romans,* 1.115 English and Danes had ordained) selected the best, and compiled them into a compendious systeme, some of which William the Con∣queror approved, disallowed others, and added some new; and so did Henry the third abolish some, decree others,* 1.116 and was the first constituted Parliaments; for

which also the indulgent care of our pre∣sent Prince is to be extolled, who hath proved himself a reall Protector of the Law, which when it was totally to be a∣brogated 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 be∣ing by it preserved;* 1.117 and like another Justinian hath his Highness called toge∣ther persons of great ability and integri∣ty, 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 refor∣med, and the Chancery more accurately regulated, and which might have been exactly compleated by the last Parlia∣ment, if they had left the Government as they found it, there being Bills prepared to that purpose: to some of which, though the Government seemed a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, yet according to the direction of the Phi∣losopher, Lawes are to be conformed ac∣cording to the condition of the present State,* 1.118 which is warranted by approved Praesidents: Augustus the most r••nowned of all the Emperors, as Tacitus in the

name of the Romans relates, potentiae secu∣ras, quae in triumviratu gesserat abolevit, deditque jura quae pace & principe utere∣mur, being secured by power, abolished whatsoever he had enjoyned in his Tri∣umvirate, and gave Laws which we should use for the peace of the Common-weal, and safety of the Prince. And so did Wil∣liam the Conqueror, who after the esta∣blishment of his royalty,* 1.119 as Sir Edward Cook, introduced some new Laws, quae ad regni pacem tuendam efficacissimae videren∣tur, which were efficacious for the settle∣ment of peace in the Kingdome; which Laws are called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.120 & fundamenta imperii, the elements, and fundamentals of the Empire and Government, and are conversant about assemblies, and Parlia∣ments, Magistrates, and Jurisdiction, and concerning Armes, and the Exercise of them, which as the Philosopher,* 1.121 apper∣tain to him is the head and chief of the Commonweal.

CAP. X.

1. Monarchy was the first Govern∣ment.

2. It is ordained by God, and setled by nature.

3. It is the best Government.

THe Government of one was the first Government on earth by man,* 1.122 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 pow∣er over them by a general ordinance, set∣led by God in him; and therefore as Chry∣sostom, Monarchy is more excellent than other formes, because first ordained by God: Adam then was the first Monarch and King of his family, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as Homer said of Telemachus,* 1.123 which Government con∣tinued in families, untill the reign of Nimrod, who first changed the paternall Monarchy into National; Though by

Herodotus the Egyptians are reported to be the Antients of all mortals,* 1.124 and that they never lived without a King, of whom Menes was the first.

And that Monarchy was the first Go∣vernment, appeareth also by the Testi∣mony of other approved authors: Princi∣pio rerum, gentium, nationumque imperium penes reges erat, saith Iustine, and Salust,* 1.125 lu teuris nomen imperii primum fuit: and Aristotle, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: The Government of all Countries, Ci∣ties, and Nations, first resided in Kings, and therefore is it feigned saith he, that all the Gods were ruled by one King,* 1.126 which continued as a custome among all Nations, and therefore doth Aristotle adde, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as the Nation•• al∣so now do. In Abrahams time, not three ages distant from the flood, there were five Kings at one time,* 1.127 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 A∣bimelech forced seventy Kings to his sub∣jection; and not many ages after, there were thirty two Kings auxiliaries to Be∣nadab, King of Syria; and it is related,* 1.128 that in Greece, no less than seventy Kings joined their forces to invade the

Trojans; and that before Caesars expedition into France,* 1.129 there were more Kings than Provinces; and that in Kent, which is but one of the thirty seven Counties in Eng∣land, at one time there reigned four Kings: and though the Government of Gods own people varied under the seve∣ral 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,* 1.130 it be∣ing 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 par∣cell of the divine essence, & ••vel••ti Deus in humano corpore habitans, so is there an in∣nate propensity in man,* 1.131 to applicate him∣self to that divine form of Government, to which all Nations, though rude, and barbarous, are and have been by it in∣cited; 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 de∣rived

and continued their Monarchies; which instinct by some is called jus natu∣rale:* 1.132 For what is common to all sensitive creatures, is said to be the law of nature; & whatsoever beasts act by natural insti∣gation, if the same be done by reasonable creatures, is said to be jure naturali: And so saith Seneca, Natura commenta est Re∣gem, 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,* 1.133 in a compo∣sed order have a Conductor, who, as Ari∣stotle saith, agit & moderatur gregem, lea∣deth and ordereth the flock; which is most remarkable in the wondrous oeconomy of the Bees, and their singular obser∣vance to the Majesty of their Prince;* 1.134 of which Pliny fully, and the Mantuan Poet sweetly,

Virg. Geor. Regem non sic Aegyptus, & ingens Lydia, n•••• populus Partho∣rum, aut Medus Hydaspes observant.

Aegypt & Lydia do not so observe their Kings,

Nor Medes, nor Persian people, as these humming things.

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

And it is Aristotles observation, that in all things which are cemented, and composed of many parts, and made 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.135 a certain common thing, whether living or not living, there is a certaine principality: As in man, the minde, which is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, governing the affe∣ctions: And in beasts, as Tully saith, quid∣dam simile menti, something like unto the minde,* 1.136 which ruleth and ordereth their appetites: As also in Vegetatives, and those things which are produced out of the Earth, the Roots have the Principa∣lity. 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

collect, that according to the course of nature, there is a principality in those things which are not concrete, but 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, onely conjoyned and obliged: as in a Flock a Shepherd, in an Army an Emperor, and in a Society a Gover∣nor. To which, Alexanders answer to Darius, offering him part of his Empire, is not impertinent, Mundum d••••bus soli∣bus non posse regi,* 1.137 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, pretend∣ing to have the Empire divided, Ʋnum esse reipub. corpus,* 1.138 & unius animo regen∣dum, The body of the Commonweale is one, and ought by one soule to be ru∣led. Rome could not brook two Twins, though Brothers: Esau and Jacob were at variance in one womb: There is one Pilot in a ship, one Master in a family, one General in an army. And therefore as the Prince of Poets,

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

And the Prince of Philosophers dis∣coursing of the formes and species of go∣vernment,* 1.139 resolves, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 But of these Royalty is the best.

CAP. XI.

1. Monarchy is the cause of Con∣cord, and Polyarchy of Dis∣cords.

2. The Events of both.

UNitas est Mater & Fundamentum Con∣cordiae;* 1.140 Unity is the Mother and Foundation of Concord; and the domi∣nion of one more peaceable and quiet then that of many: For in many an uni∣ty is required to all Consultations, Acts, Elections, which cannot so easily be ob∣teined as by the result of one person, quia rarius secum unus quam multi inter se dissident,* 1.141 One doth more rarely differ with himselfe, then many among them∣selves: For among many, frequent dis∣sentions and debates arise; the wills of men being various and dissonant.

Velle suum cuique est, nec voto vivitur uno.

And many Governors, as Bodin judi∣ciously, though they know the truth,* 1.142 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 Roy∣alty, dangerous discords did infest their State. The common people first in a fu∣rious sit deperted from the City to the sa∣cred Mount, and could not be recalled until their debts were remitted, and Tri∣bunes 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 e∣quality with the Patricians, and the No∣bles; not much unlike to our late am∣bitious Levellers. Then the Tribunes e∣levated and animated with their negative power, pretending the benefit of the peo∣ple, chiefly aimed at their own domini∣on, and were the cause of many turbu∣lent commotions, which like Hydras

heads, one being lopped, others instantly sprouted up; of which the Gracchi, A∣puleius, and Drusus were the principal a∣ctors, by whose daily seditions and ra∣pins,* 1.143 the Commonweale was much im∣poveris••ed and endangered, Justice vio∣lated, and the Treasury exhausted. In∣finite were the distractions which molest∣ed their many-headed Government, whose particular repetition would stuffe a vast volume; as their social and servile wars; the desperate conspiracies of Spar∣tacus, Sertorious, and Cataline; the bloody and envious discords between Marius, Syl∣la, Cinna and Corbo; and the fatal wars between Pompey and Coesar, Brutus, Cassius; and Augustus; and afterwards between Antony, Lepidus, and Augustus.

Hora. —adeo sunt multa, loquacem Del••ssare valent Fabiu••••.

There are so many be enough to tire The long-winded Fabius.

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

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 seve∣rally in their courses to command in chief, were elected to encounter the con∣fident and formidable Army of the Per∣sians, 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 Ma∣rathon was obteined: And the contentions between Themistocles and Euribiades had almost delivered the Istmique victory into the hands of the Persians. The three Mi∣litary Tribunes appointed by the Senate to besiege Ʋeios, through their differen∣ces 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 Han∣nibal. The debate between Terentius and Paulus occasioned the miserable over∣throw at Cannas, whence to escape by

flight was a glory, so fiercely were they pursued.

Virg. Ecl. En quo discordia cives Perduxit miseros.

And as small and mean States have by their Union flourished; so have migh∣ty 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.* 1.144 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.* 1.145 When the Turk had besieged Cyprus, and the Pope, the King of Spain, and the Vene∣tian 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,* 1.146 Quod Turca semper discordiis nostris crescit, That the Turk alwayes encreaseth by our dis∣cords,

* 1.147Quae populos semper mersere potentes.

And may be the ruine of Christendome, as they were of Carthage, which stood in competition with the Romans for the do∣minion of the world; yet were they through their divisions subdued,* 1.148 and compelled to serve that people they o∣therwise might have subjected; which al∣so were the cause of the subjecting the Britans to the Romans,* 1.149 as Tacitus impar∣tially relates, describing their condition, Quod Principes factionibus, & studiis tra∣huntur, in commune non consultant; ita dum singuli pugnant, universi vincuntur; That their Princes were drawn, and divided by their factions and affections, and ne∣ver consulted in common, insomuch as whilst they fight severally, they are uni∣versally overcome.

CAP. XII.

1. That Civil Wars can hardly be composed, but by the revolution of the Government to one person.

2. The necessity of Caesars and Augustus acceptation of the Empire, to whom his Highness condition, and necessary occasi∣ons of taking upon him the Go∣vernment, is fitly compared, with other pertinent passages.

* 1.150IT is the Animadversion of Dio, a man of exquisite Learning and long experi∣ence, That if any Commonweale hath sometimes flourished under a popular government, it continued so long until it had attained to the heighth of its great∣nesse: Then from its prosperity did arise ambition, envy, and from them conten∣tions and civil dissentions, which can hardly be composed but by the devolu∣tion of the Empire to one Governor, as

Clapmere acutely observeth; Seditiones, & bella civilia componi vix possunt nisi Impe∣rio ad unum devoluto:* 1.151 Which is confirm∣ed 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,* 1.152 That they had need of a King to appease their discords: which afterwards was prosperously effe∣cted 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,* 1.153 the Supreme Power was conveyed unto twelve persons, who in the beginning made some fair proof of their just Go∣vernment; but in processe of time, they being carried away with ambition, and a sordid desire of amplifying their pri∣vate fortunes, so disturbed the Common∣weal with their discords, that a lamen∣table Ataxy of all things had ensu∣ed, and the dissolution or the State, un∣lesse it had been maturely prevented by the reduction of the Government to the power of one person. But more illustri∣ous

is this experiment in the various vi∣cissitude of the Roman State, which by degrees had run through all forms of go∣vernment; 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 in∣vincible power of Caesar and Augustus to the Supremacy of one Prince. So the great Statesman Tacitus, Neque aliud dis∣cordantis patriae remedium fuit,* 1.154 quam si ab uno solo regeretur; Neither was there any other remedy for that discordant Nati∣on, 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;* 1.155 Quod is esset reipub. sta∣tus, 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 Plu∣tarch affirmeth,* 1.156 created perpetuus dictator, hoping thereby ab intestinis discordiis re∣spirare, to breath from their intestine dis∣cords; for which reason his barbarous slaughter was condemned as a detestable

parricide, and of a dangerous consequence to the State,* 1.157 new Civil Wars thereup∣on ensuing, which Caesar prophesied of himself, Non tam sua quam reipublicae in∣teresse 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 neces∣sary for the Commonweale to be swayed by the advice of one alone: And there∣fore did the divine vengeance pursue that inhumane slaughter, not any of the As∣sassinates long surviving, but every one of them within the space of three years perishing most miserably by the pursuit and prowesse of Augustus, who,* 1.158 as Tran∣quillus, Omnium bellorum initium & causam hinc sumpsit, nihil convenientius ducens,* 1.159 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 vindi∣cate 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 u∣num conferri;* 1.160 That it appertained to peace

to have the power of all conferred on one, under the name of a Prince, took upon him the Empire; Distractions in a State being dolores & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, pains and pangs of one labouring for delivery, and in the end bringing forth 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, one and a great one. Such an one was Caesar, Qui continuo seditiones intistinas compressit,* 1.161 & pacem non modò urbi, sed etiam Italiae, & universo terrarum orbi praebuit; Who pre∣sently 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) sa∣pientiâ suâ, & solertiâ perculsum undique & perturbatum ornavit Imperii corpus,* 1.162 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 consent∣ed and come together, unlesse it had been by the will and prudence of one presi∣dent, 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,

spread over the Territories of three Na∣tions; wherein he was constantly a prin∣cipal Actor, and a perpetual Victor: Hostis ubique, & semper Victor. By whose valourous vertue England was quieted, Ireland settled,* 1.163 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 Malle∣us Scotorum, the Mauler of the Scots, so may Oliver the first be stiled Scotorum Do∣mitor, The Conqueror of the Scots.

But after the fury of the war was al∣layed by his invincible vertue, all dis∣cords 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 Se∣nate, ayming at an arbitrary perpetui∣ty 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 ex∣pectation of the best, more pernicious ab∣surdities and dangerous errours did

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 gene∣rous and ingenuous spirit of our Gene∣ral, 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 approba∣tion of the chief Magistrates of this Com∣monweale, 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 turbu∣lent and distempered State, as also for the safety and dignity of his own person, being enviously undermined by some am∣bitious persons, as Caesar was by Pompey, and Augustus by Antony.* 1.164 Foelix necessitas quae ad meliora conducit; Happy is the ne∣cessity which produceth better things: And happy those who studious of the publique good are sheltered under his protection, by whose providence are re∣ceived more commodious and blessed

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,* 1.165 quantum suppeditavit ille post∣quam 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 un∣der his own Vine and Figtree, without fear or dread of any Enemy: Ʋt non so∣lum, as Tully in the same sense, ii quibus natura sensum dedit, sed etiam tecta & agri mihi laetari videantur; As not onely crea∣tures to whom nature hath given sense, but the houses and fields also seem to re∣joyce.

And, which exceeded the expectation of the Sagest, hath his Highnesse through the divine assistance, and humane provi∣dence, quelled the high and mighty Ma∣sters of the Seas, and by his magnani∣mous* 1.166 Argonautes calmed the fury of the maritine & raging * Belgian Tritons; who,

maugre the mountainous waves and tem∣pestuous winds,* 1.167 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 resolu∣tions, and stoop to their antient homage and fealty, submitting themselves to glo∣rious & laudable conditions of peace; for which noble & famous act he meriteth to be stiled Imperator Oceani, as Queen Eliza∣beth was Regina Oceani:* 1.168 By whose exam∣ple, and fame of his vertue, divers For∣rein Potentates, auditu modo cogniti, known unto him onely by report, have been in∣vited to seek his amity. Whose prudence in his courteous comport, and equal tran∣sactions of peace, may seem to parallel, if not transcend his skilful stratagems in war; Tam belli, pacis{que} artibus longè claris∣simus;* 1.169 as it was said of the Emperor Pro∣bus: for which his fame will live,

Tiber.Vivit dum robora tellus, Dum coelum stellas, dum vehit amnis aquas;

As long as the Sun, Moon and Earth en∣dureth; and which are able to wrest Elogies out of reluctant and refractory spirits.

Yet such is the condition of Principa∣lity, that it is commonly accompanied with hatred and envy.

Senec. in Thyest. Ista mundi conditor posuit simul Odium atque regnum.

And our pious Aeneas wants no malig∣nant 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,

Horat. s. 2. Ep. 1.Comperit invidiam supremo fine domari. Did find the Monster envy in the end untam'd.

Who out of malice vent their venome against those, whose memory, if deceased, they would honour.

Hor. l. 2. Ep. 1. Exhaustus amabitur idem.

It was the stout reply of Queen Kathe∣rine to Wolsey,* 1.170 Quid est tam firmum quod invidia non ausit oppugnare? What is so

firm that envy dare not assault? Alexan∣der was not free from Conspiracies, nei∣ther could Caesar escape them, and hard∣ly Augustus; who as Suetonius, Ne ultimae quidem sortis hominum conspiratione & peri∣culo caruit; wanted not the dangerous conspiracies of the meaner sort of men; Yet he was so circumspect, that he disco∣vered and suppressed all their plots, pri∣usquam 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 re∣spected of the Sager and melior party, as Augustus was, that he wants not Inquisi∣tors to search into their secret treacheries, which are alwayes in their birth detected, and suffocated in their infancy, Et in her∣bâ oppressae.* 1.171 Besides, the All-ey'd Spe∣culator of the Universe surveyeth all their imaginations, and will not permit them to prosper in their impious machi∣nations, but to weave and work their own destructions, and to fall headlong into that fatal pit they prepared for o∣thers.

Ovid. 1. de art. am. Nec lex est justior ulla, Quam necis artifices arte perire sua.

Neither is there any law so right, That whoso plotteth death be de∣prived of light.

And it was the sentence of Cicero; Quem discordiae,* 1.172 quem civile bellum dele∣ctant, ex numero hominum ejiciendum, ex fi∣nibus 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 Jo∣shua,* 1.173 Be strong and of good courage; be not afraid, nor be dismayd; For the Lord thy God is with thee whithersoever thou goest.

Virgil. Nunc animis opus Aenea, nunc pe∣ctore firmo.

CAP. XIII.

All Governments turn to Monarchy, from whence they came.

MOnarchy was from the beginning; Et primum in unoquo{que} genere, est causa reli∣quorume ejudem generis, & that which is the

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 princi∣ples 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, Mo∣narchy is sometimes changed into Poly∣archy, and never ceaseth untill it fal∣leth to the lowest, as the Poet,

Si paulo summo decessit, vergit ad imum;

Which is apparent in the various vicissi∣tudes 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 Decem∣viri to Consuls and Tribunes, and sometimes to Dictators, or Triumviri; yet in conclu∣sion, 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 sedi∣tious objects be eclipsed, and its prero∣gative obscured, yet will it by degrees break forth into it's majesty, and in it's Meridian and Throne seem more

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 principa∣lity, yet are there but few,

Jun. Vix tot itidem quot Thebarum portae, vel divi∣tis ostia Nili.

Scarce so many, As there be gates of Thebes, or fertile mouths of Nile;

Here one, or there one, in comparison not considerable, and in probability not perpetual; the great Turk gaping for Ve∣nice, and the Catholick King for the Netherlands, two of the strongest; though Buchanan stileth the Duke of Venice nihil aliud quam legitimus Rex,* 1.174 nothing else but a lawful King; and another doubts whe∣ther Venice sine duce floreat:* 1.175 and Daniel Eremita denieth Helvetia to be a Com∣mon-weal, because it is mercenary, which

is auctoramentum servitutis,* 1.176 a sign of servi∣tude; 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.

1. The Counsel of one is more secret; and secrecy is the safety of a State.

2. The providence of one is more spee∣dy, and active, and less subject to dangerous delays.

3. One is less subject to corruption, and is sooner satisfied than many.

MAny arguments offer themselves in defence of Monarchy; some of which in so clear a case I omit, lest I might seem candelam accendere in meridie; and will only touch those are most ma∣terial.

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

essentially requisite, a number of Coun∣sellors 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,* 1.177 quam Patrum scripto∣rum 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 pau∣cissimis; What ought to be done, consult with many; but what you are to doe, com∣municate to few, for fear of discovery: For secrecy of councel is the safety of a State, which constantly produceth hap∣py events: As Tacitus, Primum & praeci∣puum eorum quae ad faelicem exitum requirun∣tur est silere:* 1.178 The first and chiefest thing of those that are required to an happy end, is silence. No man knew where Sci∣pio marched but C. Laelius:* 1.179 And Alexan∣der imparting letters of secresie to Ephe∣stion, sealed up his lips with his ring: And it is Seneca's counsel, Alium silere si vis, prius sile; If you will have another si∣lent, say nothing to him:

2. The providence of one is more spee∣dy and active, which in all affaires is

most available; for commonly the op∣portunity of the design cannot brooke delayes.

Ovid. Nam mora damnosa est; nec res dubitare remittit. For dangerous is delay, wherein the matter cannot permit debate.

If Themistocles and Aristides, Scipio and Fabius Maximus had spent their oppor∣tunity 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 E∣logies 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 per∣ceived 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 over∣come before he was seen.

3. It is more facile to finde one good man then many, and lesse subject to corrup∣tion or avarice! Rari quippe boni; Where∣as many are more impious and ravenous,

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 ve∣nalem, & mature perituramsi emptorem inve∣nerit; O mercenary and corrupt City, which soon would perish if it should finde a Chapman: And Marius well ex∣perienced 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,* 1.180 wherein poverty and ignorance so prevailed, that what they did vote one day, they altered the other; as within one day they con∣demned and absolved the Mytelenians. Wherefore as Tholosanus, it is more tole∣rable 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 satis∣fied, whereas the necessity of many is in∣satible; 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

purpose:* 1.181 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 refu∣sed 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 ma∣ny, one Tyrant rather then more; for as Gessendus,* 1.182 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 go∣verment of a few are few, in the govern∣ment 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 Si∣ena,* 1.183 ingenously acknowledgeth; with whose sweet sentence I will shut up this Section, Quid enim suavius aut magis optan∣dum

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 ambi∣tion of the people?

CHAP. XV.

1. The end of Government.

2. What Civil Liberty is.

3. Good Princes are the peoples Ser∣vants: and to live under such is the onely Liberty.

THe foundation, and conservation of Empires and Government being pre∣mised, the end is to be inferred, which as the Philosopher, is causa causarum,* 1.184 be∣cause all things are for it.

The end then of Government is the peoples felicity:* 1.185 and that govern∣ment is best, according to whose ordinan∣ces 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, every one may live happily: which happinesse as Cicero, con∣sists in these two things, in their Protecti∣on, and in their Procuration of conveni∣ent

necessaries:* 1.186 Ʋt enimtutela, sic procura∣tio reipub. ad utilitatem eorum qui commis∣si sunt, non ad eorum quibus commissa est, ge∣rendae 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 com∣mitted. And herein saith the Philoso∣pher, the excellency of a Prince shineth, that he hath a care of his Subjects. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.187 that they may do well; as a Pa∣stor hath of his Flock: hence saith he, Homer called Agamemnon 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 the the Pastor of the people: for which rea∣son also Kings were antiently called Abi∣melech, that is pater meus; and lately by the Romans patres patriae, Fathers of their Countries for their paternal Procurati∣on,* 1.188 and provident tuition, as by Seneca tutores status publici: The Greecians stiled them 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 quasi 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,* 1.189 quod sint basis & firmamentum populi: because they be the foundation, and stability of the people; & columen populi, and their sup∣porters.* 1.190 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

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 put∣teth between a King, and a Tyrant;* 1.191 for a Tyrant saith he, proposeth 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 what is profitable to him selfe, but a King 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, what is commodious to his subjects, whom Buchunan seconds,* 1.192 say∣ing: Qui sibi gerunt imperium, non reipub. utilitati, qui regnum non dei donum, sed prae∣dam oblatam credunt, tyranni sunt, & Dei & omnium hostes: who govern for their own good, & not for the good of the Common∣weale, 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:* 1.193 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

Prince.* 1.194 Sint quibus imperet.

2. A Prince therfore 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, saith the Philosopher,* 1.195 if good, hath a pastoral care of his Subjects: and as Bodin, Subditorum libertatem et rerum dominia aeque ac sua tuetur,* 1.196 defendeth the Liberty of the Sub∣ject, and property of their substance, as his own: And this kinde of Government is called by Aristotle 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉:* 1.197 Civil, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 of freemen; and as Buchanan, est niter liberos principatus a principality among Freemen: and is therefore called Civil Liberty, or the Liberty of the Subject by which the right and liberty of the Subject is protected, and preserved; and in this sense is Nerva said Conjunxisse libertatem & principatum, to have conjoyned liberty and principality, which is a mean between an abrupt ser∣vice under the Dominion of a Tyrant, and dissolute licentiousnesse, not much differing from an Ataxy, nor unlike unto the Parthians,* 1.198 who lived at randome, magis sine domino quam in libertate, or as the Aborigines, Genus hominum agreste, sine im∣perio liberum, & silutum, a wilde kinde of people living loosely and freely without Government: But as Tacitus, Optimis prin∣cipibus modus libertatis placet. To the best Princes the mean of Liberty is most plea∣sing:

and so to rule their subjects by rea∣son and law, that they do live civilly without injury, and enjoy quietly their properties, and liberty. Gessendus dis∣courseth exquisitely of the O••igine and Nature of this Liberty. Men at the first being subject to none,* 1.199 but living as they list, many debates, and dissentions inter∣vened, 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 de∣prehenditur 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 ra∣ther 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 Socie∣ty, Commonweale, or Empire: whi••h

is the Social and Civil Liberty, free one∣ly from Service, Rapine, and Injury.

As the Philosopher: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, For it ought not to be re∣puted service but safety, to live under the Government of a Commonweale, or Civil State: and as the Poet of a Prince,

Claud. 3. Stil. Fallitur egregio quisquis sub principe credit Servitium; nunquam liber∣tas gratior extat Quam sub rege pio.

He is deceived who doth repute it sla∣very under a good King to live: There is no Liberty more sweet and gracious then under such a King.

And another to the same sense.

Gunt. Quae tibi libertas poterit contingere major Quam regi servire tuo?

What greater Liberty can happen unto thee then to do service to thy King?

But I have rowled this stone long e∣nough, and will conclude this point with the compleat discription of Heremita Belga,* 1.200 Illa demum vera est libertas, quae sub patrocinio ductuque principis, à vicinorum

incursu tuta, liberé suis fruitur bonis: That onely is true Liberty which under the di∣rection and protection of a Prince is safe from forrein incursions, and freely enjoy∣eth his Estate.

3. And if we weigh in equal Ballance the condition of a good Prince, with the qua∣lity of a loyal subject, service may ••••ly and truly be ascribed to them both: Princeps enim, as Joannes as Sasburiensis,* 1.201 in eo praefertur caeteris, quod cum singuli tenean∣tur ad singula, principi onera imminent uni∣versa: For a Prince in this is prefered be∣fore others, that whereas they are tyed to several duties, the universal burden de∣pends on the Prince: and another to that purpose: Nec rex à populo magis differt, quam ut majora onera ferre,* 1.202 ac plura peri∣cula 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 un∣able, 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 in∣duceth

Agamemnon complaining of the greivances of a Prince in this manner:* 1.203 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 one∣rosam sibi injungi servitutem; that a bur∣denous 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.

* 1.204To rule well then is not Immanitas, but munus; non vacatio, sed vocatio; non licentia, sed publica servitus: not a priviledge, but an office,* 1.205 not a vacation, but a vocation, not a private license, but a publick ser∣vice, which Augustine proveth by an infal∣lible argument, That whosoever doth pro∣vide for the utility of others, doth truly serve them; who rule well provide for the utility others; therefore who rule well

do truly serve them: And it is the Phi∣losophers, that a right Prince ought 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to re∣spect and have a care of the Common good; and such a Prince, saith he, ruleth rightly, and such Commonweales must need be right.* 1.206 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 law∣ful in his government, which he believeth to be expedient for the subject:* 1.207 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 Em∣pire.

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 com∣mand many, must contend with many; be right, true, just, and lawful Princes.

Virg. Ae. 6. Discite justitiam moniti & netemnite Divos.

* 1.208Learn 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 proper∣ties, without any intestine disturbance, or forreigne insolence: The glory and utility of the Nation being the ambitious scope of the princely Dignity.

CAP. XVI.

1. Taxes are necessary in a Common∣weale, or Empire.

2. A Moderation in their imposi∣tion to be observed.

3. Especially in the beginning of Government.

AS Armes are necessary for the conser∣vation 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

Tacitus Nam neque quies gentium sine armis,* 1.209 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,* 1.210 For this cause also pay you Tri∣bute; for they are Gods ministers attending continually on this very thing; which Au∣gustine expoundeth, Ʋt necessarium militi stipendium praebeatur, That necessary sti∣pend be paid unto the Souldier; by which the Militia is maintained, and peace and quiet preserved:* 1.211 For which reason So∣lomon 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 arbi∣trary Taxe, and the production of an Ar∣bitrary 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 with∣out money, Quarum ob defectum saepius armaè mànibus excutiuntur, a••t frigide tract∣antur: for the defect of which armes are often dashed out of our hands,* 1.212 or weakly handled: For though as Machiavel, va∣lour

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 com∣pleated. Nero upon the importunate sup∣plications of the people was moved to a∣bolish Tributes, and Taxes, glorying therein, Quod pulcherrimum donum mor∣talibus daret: That he should confer a goodly guift on the people: of which the Senate having notice,* 1.213 by their sage advice diverted him from his intention, Dissolutionem imperii docendo, si fructus qui∣bus respub. sustineretur, diminuerentur: In∣structing him that the desolation of the Empire would ensue, if the revenues by which it should be sustained,* 1.214 were dimi∣nished. And therefore doth Florus call them patrimonium reipub. the inheritance of a Commonweale by which it is sustain∣ed and maintained: which Publicola an honourer of the people well knew,* 1.215 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,* 1.216 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

conclusion,* 1.217 Cum enim Imperium sine vecti∣galibus 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 content∣ed minde to purchase their eternal peace and quiet with some part of their reve∣nues: For as Joannes Sarisburiensis,* 1.218 Popu∣lo 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.* 1.219 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,

Omnia cum quodam veniunt incommoda fructu: Commoditas omnis sua fert incommoda se∣cum.

There's no incommodity without some gain,

And all commodity with it bringeth pain.

And therefore that we may have the fru∣ition of such publique blessings, we ought quietly to bear with such private dis∣commodities.

Aut haec cum illis sunt habenda, aut illa cum his amittenda.

Either are these things to be had with the other, Or else the other with these things are lost together.

Which was the resolve of Levinus Consul of Rome;* 1.220 Quod respub. incolumis privatas res facile praestat; publica perdendo tua nequic∣quam 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,* 1.221 we have seen many Princes, pecuniis acerbe conquirendis, plus sibi invidi∣ae, quam virium addidisse, by the bitter acquisition of monies to have gained

more envy then power.* 1.222 And as the Philo∣sopher, by taking away the goods of the people, conjurations have often been in∣vented, 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 E∣states, was the cause, as Dio saith, of Tu∣mults, slaughters, and burning many hou∣ses; and, as the same Author writeth,* 1.223 was compelled to remit the military taxation of the 20th part, which he laid on the in∣heritances and legacies of such successors and possessors as were not next of kin, be∣cause it seemed grievous and intolerable to the people. And it was a dangerous o∣versight 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,* 1.224 who with their confident forces did shake the frame of his greatnesse, which in all probabili∣ty might have fal••en to the ground, had not fortune taken his part: Who, as the

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,* 1.225 who was slain by his subjects for his intolerable taxes, having by them within five yeares space exhausted the wealth of Syracusa:* 1.226 And Parthenius, who was the Founder of new impositions a∣mong the Franconians, was by them sto∣ned to death: And what was the princi∣pal cause of the revolt of the Netherlands from the Catholique King, but the im∣mense and unsufferable taxations impo∣sed 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 Mer∣chants Estates,* 1.227 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 pre∣ferred before all the Roman Emperors,* 1.228 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 Ri∣cheleus, who resembled the French to Co∣lumbus

geese, out of whom the old fea∣thers being plucked, new ones would grow up the faster. But Adrian, the Suc∣cessor of Trajan, both for justice & good∣nesse, 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.* 1.229 A golden preci∣ous Legacy was it of a dying King to his succeeding Son; A vectigalibus & tributis abstineto, nisi te summa vis necessitatis, & u∣tilitatis publicae justissima causa ad hoc im∣pellit; Abstain from Subsidies and Tri∣butes, unlesse the exceeding force of ne∣cessity, or a very just cause of publique u∣tility compell thee thereunto. For if it could be, that the safety and glory of a State might consist without extraordina∣ry taxes, the subjects would be more hap∣py, 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

the Imperial taxes, Quo mitius Romanum Imperium speraretur,* 1.230 whereby they might expect from the Romans a milder govern∣ment.

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 In∣auguration into his Royalty, did not hearken to the supplications of the Israe∣lites concerning the diminution of their grievous taxes as heavy burdens.

Notes

• * 1.1

  Doct. & Student. l. 1. c. 2.
• * 1.2

  De Jur. b. & p. l. 1.•• c. 2.
• * 1.3

  D Philo. E. f. 1549.
• * 1.4

  De Jur. b. & p. l. 1. c. 2.
• * 1.5

  De Phil. Epit. f. 17. 56.
• * 1.6

  Mr. Askam of gover. f. 22.
• * 1.7

  Thol. syn. P. un. l. 20. c. 2.
• * 1.8

  De Phi••••s. Ep. c. 1750.
• * 1.9

  A••istot.
• * 1.10

  1 Pol. c. 3.
• * 1.11

  Confess.
• * 1.12

  Melan. de ani.
• * 1.13

  3 Eth. c, 5.
• * 1.14

  Rom. 13.
• * 1.15

  Cook. Inst. f. 921. a. Tholos syn∣tag. Jur. Ʋniv l. 44. c 10.
• * 1.16

  Macro••. S m. Sci••. l. ••. c. 14.
• * 1.17

  Doctor. Stud. l 1. c. 4. Mr. Hobc. Philos. Rudiments
• * 1.18

  7 Pol. c. 1.
• * 1.19

  Orat. ad Caesarem.
• * 1.20

  Hub. Cas. f. 3. Cook.
• * 1.21

  Arist. l. 1. Pol.. c. 2.
• * 1.22

  In Catil.
• * 1.23

  Tholos. s. 7. Ju. Ʋniv. quandum cognatio∣nem inter homines constituit.
• * 1.24

  Kekerman.
• * 1.25

  Mutua in∣digentia quam natu∣ra fabrica∣ta est, est causa socie∣tatis, ut su∣is rebus uti tutius pos∣sit. Gesse. de Philos. Epicurea. Tost. in 10. caput Ge∣neseos.
• * 1.26

  Genes. 4.
• * 1.27

  Askam of the con. & rev. of gov. c 3. f. 4. Mr Hobs Phil. Rud.
• * 1.28

  Annotat. on the bi∣ble. Chro∣nologers 〈◊〉〈◊〉 130. years from the creation to the slaughter of Abel.
• * 1.29

  Orat. pro Sexto.
• * 1.30

  Arist. l. 1. Pol. c. 2.
• * 1.31

  Avaritiae & ultionis apperitus aliis in ali∣os arma suppedi∣tavit. Bod. l. 2. c. 6.
• * 1.32

  Prosopo∣paeia.
• * 1.33

  Hom. Ila.
• * 1.34

  Justin. l. 6. de Lacedae∣mo••iis. Aut vincendum aut morien∣dum censu∣erunt. Quasi tem∣pestas quae∣dam omnia diruit. Iust. de conque.
• * 1.35

  Bodin. l. 2. c. 8. de Rep
• * 1.36

  In caput 10. Gene∣sees. In 10. cap. Genes. vi∣ribus robu∣stus, & consilio dis∣cretus.
• * 1.37

  The Sept. call him 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Ʋnde do∣minandi cccasionem nactus Mo∣narchiam usurpa∣vit, & reg∣num obti∣nuit. Musc. Ibid.
• * 1.38

  Iust. l. 8.
• * 1.39

  Noster po∣pulus sociis defendea∣dis, terra∣rum jam omnium potitus est. Vid. Alb. Gentil. de armis Rom.
• * 1.40

  Polyb. l. 6. ipsissimum naturae opus.
• * 1.41

  Ar. 1. Pol. c. 4.
• * 1.42

  3 Pol. c. 12▪
• * 1.43

  Claud. 3.
• * 1.44

  Senec. l. 2. de Ira. c. 24.
• * 1.45

  De arcanis l. 3. c. 2.
• * 1.46

  Plut. vit. Alexand. Arist. 7. poli c. 7.
• * 1.47

  Justine. l: 12.
• * 1.48

  De arcu. imperiis l. 4. c. 15.
• * 1.49

  De Philos. Epi••ur. f: 1468.
• * 1.50

  De Mon. & Aristo. f. 6.
• * 1.51

  Syntag. juris univ. l. 18 c. 2.
• * 1.52

  De repub. l. 2. c. 1.
• * 1.53

  Bod. meth. hist. c. 7.
• * 1.54

  Patric. l.
• * 1.55

  Alber. Gent. de armis Rom. f. 54. Bodin. Metho. histor. f. 65
• * 1.56

  Cic. offic. l. 2.
• * 1.57

  Verissimus historia parens. Bodin. Thucid. lib. 1.
• * 1.58

  Orat. pro. Sext.
• * 1.59

  Caesars, com.
• * 1.60

  Genes. 6.5.
• * 1.61

  Mus••ulus, chrys••stom. Cornelius à lapide,
• * 1.62

  Tostatus, Mercer. Rivet. upon the 10. of Genes.
• * 1.63

  In 10. Gen. quia nemi∣nem in sa∣cri•• litteris legimus ante eum vegnasse. Cas. Sph. in Arist. l. 3. c. 10.
• * 1.64

  Coram Do∣mino, quia rob accepit à Domino. Chrys. Cor∣nelius de lapide, in 10. Genes. Abenezra▪ Paraeus, ib. Melchior Ca••••s Dei nutu & bene placi∣to. Corn. de lap, ib.
• * 1.65

  2 Chron. 3.13.
• * 1.66

  In 10. Gen. Si cadit in virum bonum.
• * 1.67

  In se. Rivet. ib. Insubjecto.
• * 1.68

  Arist. 8. eth. c. 10.
• * 1.69

  Senec. de clem. l. 1. c. 11, 12.
• * 1.70

  Philo.
• * 1.71

  1 Reg. 11.13
• * 1.72

  28. Hen. 8.
• * 1.73

  Baker. 66. Qua ex hostibus capiuntur, jure sta∣tim ca∣pientium sunt. Grot. De jure b. & p. l. 3. c. 5. Phil. Rud. sect. c. 4.
• * 1.74

  Camer. iustit. pol. l. 1. c. 4.
• * 1.75

  Clap. de arc. imp. l. 2. c. 13.
• * 1.76

  1 Posit.
• * 1.77

  De jur. b & p. l. 3. c. 6.
• * 1.78

  Just. l. 1.
• * 1.79

  Just. l. 1.
• * 1.80

  Just. l. 2.
• * 1.81

  Bodin. l. 3. c. 3. de re∣pub.
• * 1.82

  Arist pol. l. 3. c. 12.
• * 1.83

  Juven.
• * 1.84

  In his preface to hi•• ••epor••s
• * 1.85

  In Catil.
• * 1.86

  Bodin de rep.
• * 1.87

  Suet.
• * 1.88

  Suet▪
• * 1.89

  Herodian.
• * 1.90

  Pims Speech.
• * 1.91

  Scal. de subt. Ex. 3.
• * 1.92

  C••til.
• * 1.93

  Arist. 7. Pol. c. 9.
• * 1.94

  C••m. in A∣rist. Pol. l. 3. c. 10.
• * 1.95

  Bedi. de Repub. s. 192. Herb: H. 8. f. 337.
• * 1.96

  Plato scri∣psit intra septing. an. nos magnis rebus pub. definitam esse conver∣sionem. Annot. in Florum. Aristo.
• * 1.97

  Cl••p. de art rep. l. 1. f. 1.
• * 1.98

  Curt. l. 8.
• * 1.99

  Cook repo. l. 9. f. 124.
• * 1.100

  Barcl. con∣tra mo∣narch. l. 3. c. 2.
• * 1.101

  Salust. Ca∣til.
• * 1.102

  Prov. 21.25. & 14.23.
• * 1.103

  Navius cals them regalis cor∣poris custo∣dias. ••••vy.
• * 1.104

  Bacon Hist. Henry. 7.
• * 1.105

  Val. M. l. 7. c. 3.
• * 1.106

  Curt. l. 10. Praegusta∣tores.
• * 1.107

  Ar. l. 3 po. c. 10.
• * 1.108

  Declar. of Parl. May 22, 1644.
• * 1.109

  Arist. 1. Rhet. Poli.
• * 1.110

  Danaeus Aphor. f. 559
• * 1.111

  Rom. 13▪
• * 1.112

  Mr. Pim. Arist.
• * 1.113

  Cas. 3. pol. c. 11.
• * 1.114

  Ferdin.
• * 1.115

  Cook 3. rep. ep. ad. Lect.
• * 1.116

  Baker.
• * 1.117

  Ployd. Com. Wisbish. ca. f. 55.
• * 1.118

  Clap. de arc. imp. f. 66.
• * 1.119

  Cook. 3. Rep. ad Lectorem.
• * 1.120

  Clap. de art. Imp. l. 1. c. 10.
• * 1.121

  Arist. l. 4▪ Pol.
• * 1.122

  Barc. cont. Monarch. ib. Chrysost.
• * 1.123

  Homer O∣dyss. α.
• * 1.124

  Herod. l. 2:
• * 1.125

  Justin l. 1. Catal.
• * 1.126

  Pol. l. 1. c. 1.
• * 1.127

  Gen. 14.
• * 1.128

  Josh. 8.12.
• * 1.129

  Caesar c••m. de bell. Gall. 10.
• * 1.130

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• * 1.131

  Seneca.
• * 1.132

  Jus natu∣rae est, quod commune est anima∣libus.
• * 1.133

  Arist. de anim· c. 1.
• * 1.134

  Pliny l. 11. nat. hist. c. 17.
• * 1.135

  Arist. l. 1. Pol. c. 3.
• * 1.136

  Camerius ibidem.
• * 1.137

  Justin l. 11.
• * 1.138

  Tacit. An.
• * 1.139

  Arist. E∣thic. l. 8. c. 10.
• * 1.140

  Prid. Me∣taph.
• * 1.141

  Cas. Sph.
• * 1.142

  Bod. de re∣pub. l. 8. c. 4
• * 1.143

  Horus L. 3. c. 13.
• * 1.144

  Horat. ed.
• * 1.145

  Tacitus An. 1.
• * 1.146

  Turseli. hist l.
• * 1.147

  Luc. l. 1.
• * 1.148

  Patric. de princip. f. 513.
• * 1.149

  Vita A∣gric.
• * 1.150

  Barc. con∣tra Mo. l. 44.
• * 1.151

  Clap. de arc. Imp. ff. 77.
• * 1.152

  Just. l. 11.
• * 1.153

  Joannes Herbert l.
• * 1.154

  Ann. l. 1.
• * 1.155

  L. 1. de nat. Deo.
• * 1.156

  Vit. Caesar.
• * 1.157

  Clap. de arc. Imp. l. 5. c. 19. Patri. de Princip. l. 1. tit. 13.
• * 1.158

  Plut. vita Caesaris.
• * 1.159

  Vit. Aug.
• * 1.160

  Ann. 1.
• * 1.161

  Patric. de Princ. l. 1. t. 13.
• * 1.162

  Flo. l. 4 c. 4
• * 1.163

  De Iure Reg. apud Scotes.
• * 1.164

  Cook Rep. D was C se.
• * 1.165

  Patric. de princ. l. 1. c. 13.
• * 1.166

  Blake, Monk, and Pen. Vantrump. quasi d••as Maris.
• * 1.167

  Augustus invito Ne∣ptuno dixit se victori∣am adeptu∣rum. Tranq.
• * 1.168

  Canba. vit. Eliz.
• * 1.169

  Turselinus.
• * 1.170

  Godw hist. He 1.8.
• * 1.171

  Oculeus to∣tus.
• * 1.172

  Cic. Phy∣lip.
• * 1.173

  Josh. 1.9.
• * 1.174

  De J. reg. S••o.
• * 1.175

  Cas. Joh. 201.
• * 1.176

  Descr. Hel∣vet. f. 512.
• * 1.177

  Val. Max. l. 8. c. 17.
• * 1.178

  Ann. 3.
• * 1.179

  Admovis annulum Labiis Curt.
• * 1.180

  Synt. Ʋae. Jur. l. 47. c. 15.
• * 1.181

  Arist. Rhet. ad Alex. c. 20
• * 1.182

  De Philo. Epi. c. f. 1648.
• * 1.183

  De Mon. & Arist l. 1. Tel. 1.
• * 1.184

  3. Met. c. 2.
• * 1.185

  Arist. 7. Pol. c. 2.
• * 1.186

  Tull. off. 1.
• * 1.187

  Arist. 8. Eth. c. 11.
• * 1.188

  L. 1. de repub. c. 1.
• * 1.189

  Barcl. l. 1. contra Monarc f. 206.
• * 1.190

  Jun. Brut.
• * 1.191

  Arist. 8. Eth. c. 10.
• * 1.192

  De Jur. reg. apud Sco∣toi.
• * 1.193

  Grot. d. I. b. and p. 4. 92.
• * 1.194

  Prov. 14.28.
• * 1.195

  Arist. 8. Eth. c. 11.
• * 1.196

  De Rep. l. ••. c. 3.
• * 1.197

  Arist. 8. Pol. c. 5. De Jure regni apud Sco.
• * 1.198

  Clap. de arc. Imp. l. 3. c. 3. Silust. Cal. 4. H••st.
• * 1.199

  De phil. Epi c. f. 463.
• * 1.200

  De Helv. repub.
• * 1.201

  De nug. Cur. l. ••. c. 1.
• * 1.202

  Jun. Brut.
• * 1.203

  Patric. de Pric. f. 275.
• * 1.204

  Jun. Brut.
• * 1.205

  Lib. de Civit. dei. Qui alio∣rum utili∣tati non∣sulunt, ii vere ser∣viunt.
• * 1.206

  Lips. polit?
• * 1.207

  Si ea lib∣enter fece∣ris quae vel∣les alium facere si e∣jus imperio subjectus esses. Clap l. 3. c. 3. 5. De arc. imp. Epipho∣nema.
• * 1.208

  Arist. l. 5. Eth. c. 1. vid. Ricob. Ibid.
• * 1.209

  Hyst. l. 4.
• * 1.210

  Rom. 13.
• * 1.211

  2 Ki••. 9.12.
• * 1.212

  Scorb. pol. 12.
• * 1.213

  Tac. hist. l. 13.
• * 1.214

  Flo. l. 3.
• * 1.215

  Tholosan. Synt. Ju. Ʋniv l. 3. c. 2.
• * 1.216

  Summus ille admi∣nistrandae Reipub. Magister.
• * 1.217

  Cic. Ep. ad Q. fratrem.
• * 1.218

  De nugis Curi. l. 4. c. 6.
• * 1.219

  Clap. de arc. Imp. f. 115.
• * 1.220

  Liv. d. 16.
• * 1.221

  3. Histor.
• * 1.222

  5 Pol. c. 6. Perablati∣ones rerum conjuratio∣ones insti∣tuuntur. Turselinus.
• * 1.223

  Lib. 56.
• * 1.224

  Bacon Hen. 7.
• * 1.225

  Justino.
• * 1.226

  Tholos. Synt. Jur. Ʋniv. l. 3. c. 4.
• * 1.227

  Bodin de Repub.
• * 1.228

  Qui ita gessit Impe∣rium, ut omnibus prope Ro∣manis Im∣peratoribus praefertur. Turselinus.
• * 1.229

  Ludovici pii Regis Galliae. Bod. de rep. f. 767.
• * 1.230

  Ann. 2.