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Wi" a/nea: 
 
 ^ Difcourfe ; 
 
 Wherein is examined, 
 
 What is particularly lan>fu 
 
 ring the Confufions and Reyo 
 
 lutiops of GOFERNMMNT. 
 
 OR, 
 
 Howfarre a man may lawfully con* 
 
 forme to the Powers and Commands of thofe 
 who with various fuccelTes hold Kingdomes 
 
 divided by Civill or torrelgnc Warres, 
 Whether it be, 
 
 f I . In faying Taxes. 
 i J 2. In Ferfonallfervice. 
 
 l*i In takjng Oaths. . -** 
 
 < 1 In a mans giving himfelfe up to a find Alle- 
 giance, in cafe the warre end to the advantage 
 of the unjufi Power or Party. 
 
 ' Whether the Nature ©f Warre be incontinent witft 
 
 s the Nature of the Chriftiau Religion ? 
 
 Three Parts : 
 By Kjint : <~4$MWy Gent. 
 
 LONDON, 
 
 Printed, AnnoDom: 1648 *• 
 
Preface to the 
 R E AD E R- 
 
 F I might have enjoyed St \*j£u- 
 gufttnes wi(Ti, and have feen^ 
 Rome in us glory* it fhould 
 have been only to have heard 
 the great Kings of the world 
 like private perions (Eifeptfitis 
 fceptris) examindand plead, ^ & contract the 
 Senate-barrel about the due administration of 
 their Royall fun&ions. 
 
 For there was a true fbveraigne jt3risdi&i0n 4 
 and to be admired, if the Senate it felfe had been 
 free from mifgovernaients 3 depopulatio is, and 
 ufurpation. But as the overboyling of their 
 ambition flied it felfe over the whole earth, i[ 
 
 I 
 
the fighs and groanes of Eaft and Weft met 
 
 and eccho'd perpetually betwixt their wa!s : 
 
 A"»dif it had been likewife poflible, that all 
 
 0i '«)ttd which by their Commiffions was 
 
 r /ne from the fides of mankinde 3 could have 
 
 net at Rome, the fource was capacious enough 
 to have made a River pafle before their Senate- 
 doore, as big as their Tiber : Thus they com'- 
 mere'e with the people 5 but Ctfar afterwards 
 Dy a Commiffion derived from himfelfe, made 
 the people all the world over, and the Senate 
 likewife pay tribute to him •> For which he re- 
 paid againe no lefle then his owne life as a tri- 
 bute due to them. Here therefore I fhall be fo 
 bold, in the Peoples behalfeefpecially, as to ex- 
 amine both Cdfdr and the Senate; that is,I fhall 
 lay the faffs of fupremeft powers to the rules 
 q{ rights and not their fa&s only, but our mm 
 al(b, as we are all moved, or rather hurried by 
 their rapid motions. The originall and inhe- 
 rent rights of the (bciety of mankinde is that 
 which I here fearch after, not thofe rights of 
 this or that Countrey (of which there is no de- 
 termined end, no not betwixt the Lawyers of 
 any one dominion) 5 that fo finding out, and 
 afterwards holding to our owne native tights 
 as men , we may be fure we doe others no wrong 
 as SubjeSis , be it either in afting with them, or 
 
 litlenting from them. 
 
Though I know the ftory of this age to be 
 lad enough for aur fence and fuffering, yet no^ 
 bad enough forthefedifcourfes, nor in any d^l 
 gree fo calamitous as that of our forefatf 
 under the difputes of the Red and white Rofes* 
 There I fee true confufions and revolutions in 
 Government 5 the fame men invading one ano- 
 ther,now for this party,by and by for the other, 
 and after that for a third, and an avowing of 
 right in all • the confeiences only of thofe men 
 we cannot fee > but to judge of them aright, I 
 ftiall in thefe difcourfes change the Scene, and 
 put ourfelves into their places. This we know 
 by Proverbe,,that he who is afraid of leaves 
 ought not to goe into a Forreft : fo ought not 
 we into any a&ion, if we fcruple at the Ieaft 
 circumftance ; For by Cdfars favour (who was 
 farre from the complexion of a boglingCa- 
 fuift ) Satin eft caver e femper^quam perire femel. 
 I conceive that they who were not the firft mo- 
 vers of thofe calamitous confufions, but were 
 afterwards by j ftrid necefliry involv'd in 
 them, had a larger liberty and right then ordi- 
 narily any party would allow them,which ever 
 fayes, That in all things we may inconfeience 
 ad only one way. Wherefore I have made it 
 mytaske to fhew in the two firft parts, how 
 fbme confeiences in thofe tempeftuous times, 
 like our Albion rocks,might on every fide have 
 
 refiftf ' c 
 
refitted the waves they were beaten with, yet 
 have been never the blacker. 
 4 1 The Chynaifts remedies Sirring the fpirits 
 Oi%a dying body all at once, make a fudden 
 r /ec©very of the patient, yetbecaufe they fpend 
 - themfelves without a fuppiy, thofe remedies 
 difpofe the body to as fudden a death : Thus 
 the lamp which is c@nfuming its laft drop, 
 . burnes brighteft, yet goes out fuddenly like 
 <, lightning * Such cures as thofe what valuable 
 effeft doe they produce ? In like manner,what 
 advantage is it to have dedec'd out of the for- 
 mer parts, a Morall and Civill Latitude for 
 the defence of our perfons and fortunes, if 
 Chriftianity diOtrme us totally ? This were by 
 vertueof the firft parts to feeketo preferveour 
 lives a little, but prefently after to dye a worfe 
 death by the laft,in which it is examined, Whe- 
 ther the filature of all Wane he wconfiflent with 
 the Nature ef the chrijlia* Religion ? as Erafmut 
 in his querela facis & Schiittingius contra, LMeif- 
 mrum^ and other Socinians, would pofitively 
 perfwadeus. 
 
 The magnificenteft triumphs did certainly 
 by a reflexion reprefent to fome eyes nothing 
 but horror : becaufe they were a 1 waves propor- 
 tioned to the extent of defolations brought on 
 K thofe who had the f oules and faces of men. But 
 [^policy hath need of all its ftratagems to con- 
 
 * found 
 
found the judgement of a fbuldier, by excefKve 
 praifes,recompences and triumphs j that fo tli£ 
 opinion of wounds and ofwoodden Ieggs,m 
 raife in him a greater efteeme of himielfe,^Ctt 
 if he had an intire body, To allure others,, 
 (bmething alfo muft be found out to cover 
 wounds and the afrightments of death hand- 
 fomely - 3 and without this, a C&far in his Tri- 
 umph, with all his Garlands and Mufick would 
 looke but like a Vi&ime. But what forrow of 
 heart is it to fee paffionate man, a raye of Divi- 
 nity, and the joy of Angels, fcourg'd thus with 
 his owg£ fcorpions ? and fo fondly to give him- 
 felfe alarums in the midft: of his innocent con- 
 tentments, as they did who were in the midft of 
 their recreations in the Theatre of Tarentum. 
 The cholerickneffe of war (whereby the luftfull 
 heate of fo many hearts is redoubled) ftirres up 
 t the lees of a Common- wealth, as a tempeft 
 doth weeds and (limy fedement from the bot- 
 tome to the top of , the Sea, which afterwards 
 driven to the (hare, together with its foame, 
 there covers pearles and precious ftones. 
 Wherefore here likewife I mall endeavour to 
 fhew how we may weather out fuch ftormes, 
 and in the midft of fo many fwords find an in- 
 culp4ta tuuU^ which may with as little contra- 
 diction pafle through moftopp9fitions>asC!e- 
 mency may through moft punifhments.Whcn 
 
 Car- c 
 
^Carthage was befieged, there was ufe even of 
 , jraens haire to make ropes for engines : I 
 
 ok* w * doe not contribute much ftrength t@ 
 * ueie difficulties, neither conceive I my lelfe a 
 
 "Pilot dexterous enough for fiich a Sea. All that 
 I can hope for in thefe difcourfes (Reader) is, 
 that my efcapes or faults, like thofe which are 
 found in the cuts of Diamonds, will paffe the 
 eafilier undifcerned under the richnefle of their 
 fubjeft-matter, or at leaft under the richnes of 
 yourgoodnes. 
 
 The 
 

 
 mbhm mm&mm minm 
 
 mmB'nmmnm nmim 
 
 THE CONTENTS 
 
 OB 
 
 The firft Part : 
 
 Wherein is generally examined, 
 
 In what things^ and how farre a 
 
 man may lawfully conformc to the 
 power and Commands of thofe 
 
 vvhoholdaKingdome divided 
 by Civil! Warre. 
 
 t Ch a p. I. 
 
 The hiftoncall occafion 3 and flare 
 of thequeftion. 
 
 § I . The cafes of right therefore hvdto refolve. 
 2. Theptafom wherefore men deurmtnemteafi f t 
 
 A the 
 
Caw eafesofGiviBwarre* 
 
 f omhf * w^'J Sovtraigne Allegiance to him/elf 
 
 4, * ^. ,*wr* can be made without the extrcife of 
 an abfolute power for the time dwiog. 
 
 5 . Abfoluteneffe of power wherein it conftfis. 
 
 CHAP. II. 
 What is requisite to make a thing 
 lawful! ? 
 
 § 1 . The variety and contrariety of humane ani- 
 ons, whence. 
 
 2. The difficulty of finding what is lawfuU. 
 
 3 . Humane Laws whence, and wherefore the Laws 
 of Nature are above ours. 
 
 4. No man naturally mote a Judge then another of 
 Natures Lawes. 
 
 5. Natures Lawes are for inward goodneffe and 
 vertue.and fate Laws for quiet andrepofe* 
 
 CHAP. III. 
 Of what things we have a lawfull right 
 todilpofe : Or what our originall 
 
 rights 
 
rights in them may be befote 
 fatto do difpoic o£ them. 11 1 
 
 44* 
 
 §i«, Concerning our natural! flares wthe earthy 
 
 and whence came the Community of things at the 
 
 beginning* 
 % . Whence the [efarati enjoyment of rights infre* 
 
 fent. 
 3* Concerning the right which men had tofei&eon 
 
 what they would at the beginning* 
 
 4. Of Pojfefiion and its originall right , and of 
 Planters tu vacancies . 
 
 5. Of the Conditions of plantations ^ni bffacan- 
 cies>. 
 
 6. The natural right of making loft Wils and Te- 
 Jlaments of what wt fofeffe tn our lives. 
 
 CHAP. IV- 
 Whether thfc Property which we have 
 in our Goods fwaliows up all right* 
 
 $ 1 . He who hath nothing by humane pofitive Law y 
 may yetfeeke his means of fubfiflence by the La- l 
 ofNjtm. 
 
 A i 2 Whin 
 
? %$*(&*'< o*t rnan m*J naturally have wore then 
 
 ^Oti/r . 
 
 r ^Whence it is that there was at the heginning^and 
 T isftill) a Tacitc-condition of 're-a fuming our 
 ^ OnginaU Rights in cafe of extreame or natural 
 neceptyfor a natural Community* 
 
 4. Of Chrtftian Community 9 
 
 5 . Whether that which is Gods here> lyes under the 
 fame exceptions of our neceftties^ that our fro- 
 ferties doe ? 
 
 CHAP. V. 
 
 Concerning the Parties (juft or unjuft) 
 which by the variety of fucceffe in 
 Civill Warre command us and our 
 fubfiftence, and reduce us to thefe ex- 
 treme necefsities. 
 
 Whether for a juftifiable obedience to 
 
 them, it be neceffary for us to aflure 
 
 ourfelves, that thole Parties have a 
 
 juftifiable caufe of Warre, or right to 
 
 ; command us? 
 
§ i. Wherefore difficult for m to a$urt our con- 
 sciences in the pints of right. * . 
 
 2. Whether Prefcriftion make aright . * 
 
 3 . A caufe of Wane depending an i « jtti^y * . > 
 w* a cert dine &ay of confirming m tb'a we >n - 
 fuffyokey. 
 
 4. Wane for dominion and for foffepon. 
 
 CHAP. VI. 
 To allure our conferences of a Iuftifia- 
 ble obedience during the confufions 
 or revolutions of Warre,it is beft and 
 enough for us to co^id^x^Whether the 
 intading Party (juftorunjuft) baDetu 
 or the means of our fubfiftenee in their 
 poffefiion or no. 
 
 §1. Princes themfches 3 netwithjlanding their 
 fworne Leagues one with another, ground their 
 obligations on the tacit e condition of their f of* 
 pftng what they had when they [wore. 
 
 A? 
 
 ie 
 
% 
 
 1 
 
 HE CONTENTS 
 
 O F 
 
 The fecond Part. 
 
 Wherein is examined: 
 
 WHET H ER, 
 
 i. A man rpay lawfully pay Duties or 
 Taxes to an ufarping or unjuft Party? 
 
 2. Or whether he may lawfully ferve 
 fuch aPartyperfonally ? 
 
 3. Or whether he may lawfully fwear 
 fidelitie to fuch a Party* during the 
 Warre ? 
 
 4. Or whether he may lawfully fwear 
 a finall Allegiance and fubjedtion to 
 *r ik. p art y after the Warre ? 
 
 Chap. 
 
CHAP. I. 
 
 Whether a man may lawfully an^vith 
 a good confidence pay Taxes to an 
 ufurping or aa unjuft party during 
 the Warre. 
 
 §i. What was meant by paying Tribute to Cae- 
 
 far? 
 
 2 . In tt hat cafe a man at the beginning of a Warre 
 may contribute to it |l hough hefndsmt itscaufe 
 g&od. 
 
 3. 7 he manner of aLevie. 
 
 4. We cannot properly firuple at that which is out 
 
 of our power. 
 
 5. Of the condition of theft who live upon Fron- 
 tiers. 
 
 6. What liberty have we, when the right Gover- 
 nor declares ,that bee will not have us pay any 
 thing to the invading party . Likewise, whether 
 any Law but that which derives immediately 
 from God doth indi [pence ably oblige the cenft- 
 
 ence ? 
 
 0*4 
 
 p. 
 
chap.il 
 
 Whether we may lawfully fervc an un- 
 j aft Party in our Perfons or no ? 
 
 CHAP. Ill 
 
 Whether wee may lawfully take new 
 Oaths for the intereft of the unjuft 
 Party, efpecially after former Oaths 
 of Allegiance t© an other Party ? 
 
 S. What an Oath is. 
 
 2. The matter of the Oaths here mentioned is the 
 fame with thai of a Fromife, Of Affertory and 
 Promiffory Oaths, v^i 'fi Contracts andOtfhes^ 
 though in abfolatetermes^ havtfome tacite con- 
 s' :§ns adhering to them^ and fo are mutable. 
 
 'hether alt Oat he $ be new unlaw full? Two caps 
 ncerningthe qualities of the f er [on s giving 
 Oaths. 
 
 3 . The caps wherein the matter of a Promt fe and 
 f cur forts of Oaths doe agree. 
 
 & otters of : Vert ue and Piety. 
 % JibiUtics. 
 
 6Jn 
 
6. In transferring a right on him who wiU receive 
 it : Whence difpenfationsarife. 
 
 7. Inthings whereof we have infaUihk certainty. 
 
 8. Concerning a mans fiotaring that Juch or fuck 
 opinions are true. 
 
 9. Of oaths made to Pjrats andTyrants. 
 
 CHAP. IV. 
 
 In whofe fenfe is an oath to bde taken 
 and kept, either in the givers or ta- 
 kers fenfe. 
 
 CHAP. V. 
 Of the Obligation of Words. 
 
 CHAP. VI. 
 
 Concerning thofe Oaths which pafle 
 betwixt Prince and Prince. 
 
 : : . ■■ P 
 
CHAP. VII. 
 
 ^onctxfiing Princes Oaths to the Peo- 
 ple, and of Coronation Oaths. 
 
 § I. Hm Primes thinking to keep thofe Oathes] 
 Wdy&reakethem, 
 
 2. OfState-Otihs. 
 
 3. The Oaths and St at clefts of Communities in 
 Jgespafl, aretheatts of the prefect Communi- 
 ties ^ if there were no intervening fundament all 
 Change. 
 
 4. How 4 man mayjufily change his will. 
 
 5 . In whdt fence Communities change not. 
 
 CHAP. VIII. 
 
 Concerning fubje&s Oathcs to their 
 Princes* 
 
 1 . Wherfore dangerous to examinefupreme rights f 
 
 2. Qf Monarchy 5 ^driftocracy, and Democracy. 
 h 7 $[ort of Government which can give always 
 1 \ttrtmt remedy for an inconvenience of fate. 
 
 l.Why 
 
u Why fome Countries more inclined gtog 
 'tally to one particular fort of g&vernmenf* 
 
 to another. 
 
 4.. Wherefore we are ahfedfi n$uch tn dijtrmQ 
 luflieef Rewards andPunlfhmnts) as alfotO , 
 fleafores of fen fetiches avdfonourjor the etjoj-^ 
 mtms whereof we Jo vainly torment our f elves 9 
 
 5 . Of the power of dominion^ and the right ofex- 
 trctfwgit ffecifrca&y in this or thtfe hands. 
 
 6. Foure cafes wherein frbje&s are freed from for- 
 mer Allegiance. 
 
 7. How a man may take an oath from an unjuft in- 
 ' vading party .contrary to tbofe oaths which per- 
 haps ^ tookefirftfrom the juflf Arty, who pofi- 
 
 . bly hake no conditions with him. 
 
 8 . Some Kingdomes for the Prince alone and his be- 
 nefit. 
 
 p. Of the Harmony of Oaths. 
 
 I o . Txvi wayes of taking oppo(tte Oaths. 
 
 I I • Of the presumptive will of the Prince. 
 
 1 2 \ Of the conditions of thofe Oatbs whereby we- are 
 fworne to lofc our lives for our Prince* 
 
 17. In what fenfc'ntijy a manfweare that he bath 
 the right, whom he knowes ts in the wrong ? Of 
 fuffcription in the church of England. 
 
 14. Why Penalties bitter ferities for Princes 
 Rights then Oaths. 
 
 ChaP, 
 
Chap. IXJ 
 
 Conaethcr upon the iflueof a wat? and 
 
 plchc expulfion of ajuft party a man 
 
 ; may lawfully give himfelf up to the 
 
 finall Allege ance of the unjuft party 
 
 or no? 
 
 S I. The troubles of Wane endnotprefently with 
 the Wane. 
 
 2. Wherefore a ftritlgoverment is necejfary for 
 thofe who conquer in a CiviR Wane. 
 
 3. Wherefore wee cannot fir ear e to obey none But 
 fuch or fuch Govcrnours. 
 
 q. When may a man judge fuch a party or place to 
 Be conquered? 
 
 5- What conquefior acqmfition can never Bejuftu 
 
 fed. 
 
 6. 0/Ferdinand King o/Naples his Cefton. 
 7 % Oft he Society of mankinde. 
 8. The cafe of f laces taken on Frontiers. 
 
 The 
 
THE CONTENTS 
 
 OF 
 
 The third Part. 
 
 Wherein it is examined, 
 
 WHETHER 
 
 The nature of Warre be inconfiftent 
 with the nature of the Chriftian Re/ 
 ligion ? 
 
 OR, 
 
 Whether fome Warre may not now be 
 lawfull in the ftate of the Gofpcll J 
 
 CHAP. I. 
 
 % \.Thi description of Wat". 
 
 2. Bellumquaredicitur a belluis. 
 
 3 . Whrt it is to beu»\u^ vr unl«fvf«H* 
 
 4. Society twofold. 
 
 Chap 
 
Chap. Ii; 
 
 9.^hcthcrillWarrc be ualawfull inor- 
 
 * dcr to the Lawes of nature ? 
 th 
 
 M " ' 
 
 §. i Vfenwhm meters lawfuiWarre is groun- 
 ded. 
 
 2, What things are squivakmto life, 
 
 3 . Three conditions fr*requi(ite to a jnft Warre, 
 4« How Innocents may be. innocently flaine. 
 
 5» Wherein Gods Dominion twerweonjijls. 
 
 6. Concerning Gods decoying of Innocents. 
 
 7. Concerning Abrahams £r«3rm. 
 
 8. All cafes of Warn not written with the Ifrae- 
 lites Mditia. 
 
 Chap, III. 
 
 Whether all Warre be unlawfull by the 
 Law of the Golpell ? 
 
 §. x. The Law of Nature horv farrow Alter able. 
 
 Why difficult U find out what the Law of 2{*- 
 
 tureu. 
 3. Captattlfifiiceftill lawfully 
 
 3. How 
 
3» ttewthe\M4giftrate carries not the fwordt^ 
 want. 
 
 4. -7 he durAnce of the judicial Lawjn Judaea^/V 
 Jerfcfalera was dtBroyed. 
 
 5 . The IudkiaB law not yet Wal/y abolifbt. 
 tm Whether they who have committed $ngk\ 
 
 and without violence ought tofuffer death?*®*- 
 mofip*niJhakU,Amltcryjrfimpte theft f 
 
 7. Of the pure Utetnarchits. 
 
 8. Thonecefitj $f^M4gip4€j. Whether Mt?l- 
 jtwyfkoutdhave kenj hough man hadmifdn> 
 T^onefofit to be 4 Magistrate as 4 Chriflian. 
 
 Ch ap. IV. 
 Objections and Aniwers. 
 
 jfc$i< The Chriftian Religion why not revealed al- 
 together by our Saviour, 
 
 2. Of ChrtftsandWLoyfcs his Lawesfa order to 
 the caufe and the sffeti of finne. Of loving 
 our Enemies. 
 
 3. Of the lews Enemies . Of unequal! love. 
 
 4. Of Retaliation, and of *an eye for an eye. Pub- 
 lique vindication offome private injuries not 
 unlawful by the Law $fthe Cofpel. 
 
 5. Why the private retaliation offome blowes un- 
 \us~t % How clemency and fttnijhment go congru- 
 
 oujly 
 
tnfly together. 
 J? # What Revenge is* 
 
 yS Our dijpojitions to Enmity and Amity. The 
 convenience of our being borne impotent. Whj 
 there are more Enmities then Vnions. Why 
 M.eligion proper to make more Vnions then En- 
 mities. 
 8. Whether eye for eye he equitable. 
 p. Concerning killing for Religion, and why wee 
 may more peremptorily flay men now for CiviS 
 then for Religions caufes, CiviB rights eafily 
 knowne. 
 io. Qftbt repentance of UltalefaBors. 
 
 1 1 . Concerning Peters fheathing hitfwerd. 
 
 12. The Conelufion, perfwading not without ex- 
 treme necepty tomakeufc of the naked (word. 
 
 The 
 
The firft Part: 
 
 Wherein is examined in what 
 
 things? and how farrc a man may 
 
 lawfully conform to the power and 
 commands of thole who hold a 
 Kingdome divided by Ci- 
 vil l Warrc. 
 
 Chap. I. 
 The hiftoiicall occafion and ftate of 
 thequeftion. 
 
 S.i. The cafes of fight wherefore hard to refolve. 
 a. The reafons wherefore men deter mine note a ftlj 
 
 the cafes of Civ ill warrc. 
 3 % Of each mans Soveraigve Allegiance to himfelf, 
 
 4, Nowarre canjke made without thecxercife of 
 an ab folate power for the time during. 
 
 5. ^yibfofateneffe of power wherein it c on fiBs. 
 
 Here can beonely three confident ions of 
 the ftate of Warre. 
 
 Firft, In its beginning ; Secondlyjn its 
 continuance, which is mod properly its 
 ftate 5 And Thirdly, i» its end 1 from thefc arile rtwec 
 Qgeftions, B Firft, 
 
m 
 
 Firft, What may be the Griginall and Justifiable 
 caafes ©f a mans forming a party in the beginning of 
 a Warre? 
 
 Secondly, How farrea man may lawfully fubmit 
 .©, and obey oppofite parti assuring the confiifions of 
 Warre a&ually formed and introduced ? 
 
 Thirdly, What maybe lawfullfora man to fub- 
 mit to upon the iffue of a Warre, which may end to 
 the advantage of him who by unjuft force hathpof- 
 feft himfclfe of another* right? 
 
 Thefe two latter fall into the compafle of thisdif- 
 courfe. The firft is a Queftion apart , to which 
 though much may be faid , yet I hold not the knpw- 
 ledge of it fo neeeffary for thof r who are the Achivi, 
 and of the rank of the people to whom I now (peak. 
 Thefeare the Anvill on which all forts of Hammers 
 difcharge themf elves ; they feidomeor never begin 
 a Warre, but are all coscern'd in it after it is begun ; 
 Befides, the difficulties of it are not fo great as of 
 thefe two latter, for the people feldome know the fe- 
 cret caufes of the beginning of a Warre, ( which if 
 known would quickly take away doublings) and 
 which is worfe they muft come into it afterwards, 
 though they would not have any at all. Many things 
 will be proved lawfull for men to doe in the ftate and 
 winding up of a Warre, introdu&'d by others, which 
 would not have been fo for them in its beginning : 
 fo that though by accident they may begin to put 
 them/elves into fucha Warre, yet they cannot be laid 
 to begin the Warre, or aflift to its beginning. Laftly r 
 that Queftion grows not naturally out of the Hiftori- 
 cail ground and occafioa ef this Treatife, asprefently 
 will appeare. 
 O r Confciences more then our capacities fiiould 
 
 put 
 
(3) 
 
 put us upon Ithe fearch of tbefe two Capitall difficul- 
 ties, that f© if occafion feould be we mig*ht the ftea- 
 dilier ftand thofe {heights and blows of fortune to 
 which humane condition lies open, in the Revoladoa 
 and confufion of Governments. 
 
 Oar forefathers above one hundred years agoe wen} 
 above twenty years in examining the fecond quefti©n, 
 and about four years in the third. Henry the Sixth 
 being by force of Warre depofed (after foiernn Oaths 
 of Allegiance, both of Parliaments and people) to 
 make way for Edward the Fourth ; who again, after 
 the like Oaths and Allegiance engaged to him, was 
 as folemnly, and by the fame fate of the fword de- 
 pofed for Henry the Sixth's righr 9 who after nine years 
 imprifonment was rc-crowned, and after fix months 
 Raigne was again forcibly depofed for Edward the 
 Fourth, and ftabb'd by his Brother Richard Duke of 
 Glome fier^ together with Prince Edward King Hen- 
 ry's Sonne, upon his retarne from Trance for his Fa- 
 thers relief e. Thofe two Kings, like the gods which 
 the Romanes took in their Enemies Countries, were 
 fometimes led in triumph, and fometimes adored. 
 But that which was fome what blacker then all this, 
 was the Duke of Glottceftcrs murthring bis two Ne- 
 phews, the young King and his Brother, Mdnit e- 
 nimrafere imferium qttdm exfeTtare. Yet notwith- 
 ftaading, particular men (according to the calami- 
 ty of thsfe times) were by Oathes and Allegiance 
 forc'tto fubmittothis Injufticej which after ano- 
 ther bloudy Warre had it* change, and after 24 years 
 confufions and revolutions ended peaceably in the 
 perfonof Henry they Seventh. 
 
 Here wee fee what thofe Confcicnces con- 
 form'd unio in point of Facl: , which -tfu^V 
 
 Firft, 
 
(4) 
 
 receives its motives from intereft or feare, the naked 
 fword permitting no nicenejfe of obedience. 
 
 §. i . But neither then nor fince hath it been de- 
 clar'd unto us what in fuch cafes is lawfall to doe in 
 matter of right : Every prefent power, whether e- 
 ftablifht or ftrugling to be eftablifht, having this inte- 
 reft, that they who de fatto are under their power, 
 fhould not during that time prefume to queftion theic 
 Right ; It being fomekjnde of V& or y already gained, 
 to have gaind the refute of the better cattfe. 
 
 §.2. Many other queftioas hang upon thefe, 
 which are all the difficuker becaufe the fubje& of 
 them, which is Civill Warre, confifts in confnfion, in 
 which the minds of men are floting and divided, ac- 
 cording to the variety of fucceffes & divisions which 
 Armies make in the places where they and their 
 whole fubfiftence are fallen into their pofleflion. 
 
 §. j. And let men argue at as much eafeas they 
 pleafe, yet it is certaine, that no man is of fuch a cap- 
 tivated Allegiance, as by reafon of it to engage him- 
 felfe to a party, believing upon the engagement that 
 he fliall be certainly deftroyed in it. There is nothing 
 in the skin fas they fay) which will not doe itsbeft 
 to fave it : And hee muft be a rare Example who 
 makes not his laft refolution for his owne life, or fub- 
 fiftence, which is equivalent to life ; And therefore 
 the valiant eft and moft ftridly obli'g'd Troopes ftick 
 not to aske quarter, when they cannot defend them- 
 f elves any longer,and are juftiiied for it, even by thole 
 for whom they (wore to die. 
 
 Our Savi©ur (peaks of a time when a man will fell 
 all he hath for a fword : And we read of thofc who a 
 long time ador'd and kill; a GoddefTe faftned to an 
 Oke in a Grove ; but when that Tree was ready to 
 
 fall 
 
(5) 
 
 fall, no one would c©mc within the fhadow of het 
 
 ftatue. And as it is natural! for particulars thus to 
 confult for themfelves , fo is it as natural! for thofe 
 Armies which have the laid particulars in their po(- 
 feflions : Wherefore though in thofe cafes wee may 
 lament our owne miferies, yet we ought not to won- 
 der , that all mafter-po wers take fuch inter eft in their 
 owne prefervations, as to uie all means that we reco- 
 ver not a power to betray them. 
 
 4. This confideration obliges even thofe ( who 
 , perhaps fight to have Laws f weetned,) to exercife for 
 atime that Law which indeed is the fharpeft, viz,. 
 the Martiall ; and they who fight to free themfelves 
 from an ablolute power, are by that obliged for the 
 time to take upon them the abfoluteft, fas Dictators 
 <lid ) which abfobteneffe confifts in theie heads. 
 In c aping off aH recognisance vf any Super 'iour or Col- 
 later all power : In waging War re : In levying Taxes : 
 In giving Oaths: In making Leagues and in Treating: 
 In permitting no Appeals : In obliging to all fort of 
 Fidelity : And finally in Judging of Itfs and death* 
 
 Here's matter enough to perplex Confcience,eipe- 
 ciallyif it fhould bee exeicized on it by that party 
 which is believed to be the unjuft; but yet that is 
 not the worft : For 6y the chance of Warre the o- 
 ther party may have the power to embroile our Con- 
 fciences a new with contrary Oathes and Obligati- 
 ons : And after this the other may be re *ellablifht a- 
 gaine ; and then 
 
 >Quaspo?nas non exigit Ajax y 
 
 Ut mate defenfml 
 
 But the dinicultie paramount is this; Ut innocens 
 
 fit animus in tarn irata fort una : and if wee do r . no 
 
 more then that which is lawful), wee are lure our 
 
 B 3 Con- 
 
(t) 
 
 Confciences will bee better then the times; 1 
 
 Thus having ftatedthe queftion, I enter into its 
 terms, and in the firft place aske, What that is which 
 wee call lawfull? 
 
 Chap. II. 
 What is requifite to make a thing 
 lawful!. 
 
 S.i. Thevariety and contrariety of humane aBi- 
 $m ^whence. 
 
 2 . The difficult ie of finding what u UwjuU. 
 
 3. Humane Lam whence : and wherefore the 
 Lam of Mature are abbve ours. 
 
 4. 2^> man naturally more a Indge then another of 
 Natures Laws. 
 
 5. Natures Laws are for inward goodnefje and 
 'vertne, andfiate Laws for quiet Andrefofe. 
 
 PLainreafon fliewsus, thatNaturall and Mathe- 
 matical! caafes have more certitude thenCivill: 
 Por Nature is al waves uniforme, and alike, in its ope- 
 rations. Hence fire alwayes burns and never wets; 
 aftonein the aire naturally tends downwards, and 
 never fayes in the middle. In Mathematical! canfes, 
 ordinarily the formes are iucb, as have no middle in- 
 terpofed,as betwixt even and od, there is no medium 
 rwicifriiuu, betwixt a right line and a crooked, 
 
(?) 
 
 there is no middle fort of line $ thus two and two al- 
 wayes make feure, &c. 
 
 i. But Civill or Humane anions proceeding 
 from a mutable and a various Principle, (the wilf) 
 cannot alwayes be alike or uniferme : and befidcs 
 the will within,bumaae actions v/ithout^re fub ; e&ed 
 to different eircamftanceS; and to infinite encoun- 
 ters : By realen of which their exceflive number, 
 they cannot be forefeen while men are making Laws. 
 Hence wee may underftaud wherefore it's f aid that 
 Omnis definitio tn jure efi periculofa 5 and that Sum- 
 mum jus may be at fome time Summa injuria ; as to 
 render a man his fword when he is a&ually madde, 
 &c. And as circumftance hath power to change the 
 matter, fo in the forme or the adion, it leaves in the 
 middle a latitude and extent, fometimes inclining to 
 one extreme, iemetimes to another. 
 
 2. For example, betwixt that which by prsecept 
 we are commanded ever to doe, and that which we 
 are commanded never to doe, is plac'c That which is 
 lawful for m now and, then to doe, or not to doe t in mat- 
 ters of our owns right, fofarre as they fe em expedient 
 or not expedient for hs. Thus Jofeph is called a joft 
 man,becaufe he thought of divorcing himfelfe from 
 MArj,though upon circumftance he would not, &c. 
 But that which perplexes all here is, that this Lieitum 
 leans fometimes more to the ene hand, fometimes 
 more to the other; fometimes more to that which 
 is abfolutely good, fometimes more to that which is 
 abfolutely bad ; from whence grow icmples, and 
 doubtings, whether in luch twilights we really parti- 
 cipate more of light then of darknetfe, that is } more 
 of good then of bad. 
 
 3. Humane Laws grow mod out of thefe middle 
 
 B 4 things, 
 
(8) 
 
 things, e*r mediis licitis : Anil upon fight examina* 
 tion we (hall finde, that a man hath nothing elfe to 
 difpofe of. For wee f poore fubordinate vaffals j can- 
 not fo much as deliberate de abfolme deb it is & abfo- 
 Imh i /licit is ,for they were in force before man, 
 Prince ©r people were in being ; and God himfelfe 
 cannot now alter them, they flowing intriniically 
 either from his Sandity, Wifdome, and Juftice, as 
 he is a Creator and a Govemour ; or elfe they flow 
 from Nature, whole rule (according to Gods making 
 of it by that which is in nimfelfej is right reafon and 
 honefty .• This uprightneflfe of Nature, together 
 with the obligation we have to be fubjeft to it, was 
 not a moment after us, and therefore wee could not 
 determine any thing about it ; therefore we have not 
 a legiflative power to alter or diminifh any of Na- 
 tures fcawes. 
 
 4. Saint Paul telsusof thofe who without any 
 after-knowledge of Gods revealed will or laws to 
 man, were condemnable by thofe of Nature alone: in 
 punilhingthe breakers whereof, no man is naturally 
 more a Magiltrate then an other : Otherwife what 
 meant Cain, when after his murther he cried, Who- 
 mever ftiall finde me will flay me ? 
 
 5. Though humane Lawes remember us of thefe 
 things, yet it is not as if they gave them their origi- 
 nall and Primary force of obliging t Yea, reafon of 
 ftate is not bulled io much about inward piety and 
 vertue, as it is about pubiique quiet and repole, or 
 thofe anions which regard another mans receiving 
 right or wrong ; and hence it is that great prodigali- 
 ty is not fo levcrely puniiht, as a little robbery 5 and 
 that mains homo fotefi ejfe bonus civts : The reafon 
 isjtxaufe though hee may do hirnleife wrong in his 
 
 owne 
 
(?) 
 
 owne rights, yet he may al wayes do other men right 
 in theirs -.Neither is there any clearc reafon, where- 
 fore thofe lefler finnes and impieties (hoald bee pu- 
 nifbt by any bat God, who is wiieft to know them, 
 jufteft to weigh the merit of them, and powerfullcft 
 topuntfhthem. 
 
 This is the (late of Gods and of Natures fix* Laws, 
 to which we are all equally obliged ; but our fioting 
 and rircumftantiated Laws are only to give a rule for 
 an equall and a mutual! community in thofe things 
 which God and Nature gave us to difpofc of as wee 
 would our felvess and no w the queftion is, Tirft, 
 what right or liberty we have naturally in our owne 
 actions, as alio how wee were originally inverted 
 with lawfull pofleflion of the gifts of Nature. And 
 Secondly, how our wills fince difpofed both of the 
 one and of the other, or which is equivalent to both 
 Queftions, That as originally we bad and did all by 
 the Lowes of Nature % fo whether now our ft Ate and 
 conditions be fueh, that we neither have nor c *n doe 
 any thtng lawfully but by fermijfion of humane written 
 Law f The following Chapters of this firft part treate 
 Generally of this, as aground ©r introduction to the 
 fecond, where the particular cafes of paying Taxes, 
 ferving Perionally, Swearing, and finall Allegiance 
 to the ufurping party, are more diftin&ly handled. 
 
 Chap 
 
(x©; 
 
 Chap. III. 
 Of what things we have a lawfull right 
 to difpofe : Or what our originall 
 rights in them may be before we dt 
 fafto doe difpofe of them. 
 
 Si. Concerning our natur all fares in the earthy 
 and whence came the Community of things at the 
 Beginning . 
 
 3. Whence the ft par ate enjoyment of rights in 
 frefent. 
 
 3. Concerning the right which men had to feizeon 
 what they would at the beginning , 
 
 4. Qf Pop/ion and its original right, and of 
 Planters in Vacancies. 
 
 5. Of the Conditions of Plantations >and of Vacan- 
 cies. 
 
 6. The n aim all rig ht of making lafi Wils and Tc- 
 ftaments of what rvefoffejfe in our live*. 
 
 § I. A s Heaven is inhabited by God and divine 
 inspirits of inferiour degrees : fo is the earth 
 to be inhabited by man and fcverall forts of creatures 
 inferiour te him 3 and that in order to his ufe and do- 
 minion. God twice gave us the earth as a common 
 fiocke and fatrimony to live on^ after the Creation, and 
 after the deluge,^?/ lj.v.iti. Men then lived at ea'e 
 
 enough, 
 
(») 
 
 enough , feeding only on herbes and thofe things 
 which nature prepared for them, without their labour: 
 And this Mate of Community might have iaftcd ftill, 
 if we.hadhad but two qualities which were proper to 
 thofe time$ 9 Ckarity and Simflicity ; of which, naked- 
 neffoand coverings of beafts skins was* and is ftill an 
 Argument : Witncffe the inhabitants of the new 
 World,and of the American Ifles. 
 
 2. But now our luxury and exceffeis fuch, that it 
 takes up the imploiment of three parts of Rv§, both of 
 men and time ; fo fmali a number are they who till the 
 groundjioojke to pafturage, and things neceUary to the 
 fubfiltence of our lives : Nay, 'tis impoffible almoft 
 for thofe who are by profedion occupied in the ne- 
 ceffary imploiments of life, ever to rife to the fortune 
 and honour of thofe, whofe profeffions confift inland 
 fubfift by luxury and exceiTe 5 for inftance, a Plow- 
 man,Miller,Chandler or the like, never rife to the for- 
 tune or efteemc of exquifite perfumers , Taverne- 
 keepers,&c. 
 
 Out of this we may eafily difcoverthe occafion of 
 mens receding from their originali community, both 
 in movable and immovable goods, That when men 
 were no longer content to feed on the fuperficiall 
 bounty of the earth, ant de ffome natis^ nor to live in 
 caves, nor to weare habits made of rude beafts skins, 
 or of the barke of Trees, but fought a more delicate 
 kinde of life, then there was need of much more in- 
 dustry then before, which particular menapply'dto 
 what they ieiz'd on in particular. An other occasion 
 (as Grotitu hath obfervedj might be, the diftance of 
 their habitations upon the peopling of the earth \ 
 which might well hinder their laying up the fruits of 
 the earth for a common ftock : As alio the defed of 
 
 ,ftice 
 
(11) 
 
 Juftice and L©ve, which occafion'd an inequality as 
 welt in labour,as in fpending the fruits of labour. 
 
 3. Wherefore uponthefe occafions they began to 
 divide : And tho they had no rules given them 
 for the detaile, and laying out the parcels of this great 
 Common,the eartfyyet the firft poffeflbrs might with- 
 out fcruple ©f doing others wrong, place their bodies 
 where they would, yea take what, and where they 
 would to ferve their natures : And after their hands 
 had once faftned on any particular thing , no man 
 could take it from them againe, without doing them 
 Baanifeft wrong. Thus an empty ftage is common in 
 every particular part or place, till particular bodies 
 have plac't themielves ; and then the maxime holds, 
 In pari jure melior efi conditio poffidentis. 
 
 4.Po(Teffion therefore is the greatett Title, which is 
 nothing elfe but pofoio pedis-, As if the Ancients had no 
 other Seale to confirme their Tenures, but the prims &f 
 their fee t-^nd good reafon too,fceing the minde is not 
 able to take up a place fo well as the body : For many 
 mens wils may concur in( wishing & liking)the fam^ 
 thing, but many bodies cannot concurre to the poflef- 
 fiag it, BefideSjthe minde cannot fet an outward mark 
 on what it likes, that thereby others might be warned 
 to abftaine from it : all which the body properly doth. 
 Abraham and Lot going to plant, declared no more 
 then this, That there was roome i or vacancy enottgh ; 
 and therefore without further examination or fcruple, 
 they knew they might turne to the right hand or to 
 the left, to poffeffe what they would to themfelves. 
 
 5. This vacancy is twofold . i.Naturatt, 2.Civill: 
 The firft is in things which may be potfeft, but adualiy 
 are not, neither in property nor ufe. Such a vacancie 
 which is nullms in bonU^ might be occupied by Swn - 
 
 z*crS} 
 
(13) 
 
 *,«•/, who as Cafar faith, would faine have changed 
 their rough hils for fomc neater Campania. CiviU 
 vacancy is nbi nccfojfejjls eftflene m bomine, nee hem* 
 fUne infejfejfiene ; that is where it is not abfolutely in- 
 corporated, as among the roving Arabians, and many 
 Africans, who pofieffe on© place to day, and another 
 to morrow : Theie by their frequent returnes (hew 
 that they abandon not the places they remove from, as 
 dtreliUa qua quis in bonis amflius numerare non vult* 
 We can only lay, that their natural and voluptuary in- 
 ure ft in them is no way improved. But we muft preflTe 
 this Argument very tenderly, left by the fame reafon 
 others conclude, That thole Eftates which are not 
 competently improved, are derelid and occupy able 
 by others, which would introduce perpetual! confu- 
 Cons ; and eadly perlwade every man that he could 
 husband his neighbours eftate better then himfelfe. 
 However this is a cieere cale for all Planters, that 
 thofe waftes, or ajperi momes^ which the Natives make 
 noufe of, nor can receive any damage by their being 
 pofleft by others, may be lawfully impropriated by 
 them : RcUc fatta eft cencefllo, qtt& eft fine damns a/te* 
 r/#/,faith the Law. 
 
 6. Thus we fee how we originally impropriated 
 to our ufes during our living here : but then fome may 
 queftion thus, that when we can have nofurther ufe 
 of thethings of the world, but are departed it ; whe- 
 ther then we have a naturall right to difpofe of the 
 parts of it to whom we pleafe ? For it feemes unna- 
 turall and contradi&ory that a man Ihould aft any 
 thing after his being ceafes ; which is realon enough .• 
 but then one thing is forgotten, That the dead mans 
 gift is made during his life, tho it have not any efTe& 
 till death. And good reafon why it (houid not be 
 
 before i 
 
(H) 
 
 before j for that Would be as the French fay, Ss def- 
 f witter auam que de $ % en aier concher, which is, for a 
 man to put off all his clothes before he goes to bed. 
 
 Thus we fee how the Earth by originall right is en- 
 tail'd ; now it will be neceflary to examine — - 
 
 Chap. IV. 
 Whether the Property which we have 
 in our Goods (wallows up all right. 
 
 %i.He who hath nothing by humantpfttive Law, 
 may yet feeke his means of fubfiftence by the Law 
 of Nature. 
 
 2. Wherfore one man may naturally have more then 
 another. 
 
 3. Whence it is that then was at the beginnings 
 andisftiH^a'Xzcitt condition of re-ajfuming 
 our Original! Rights in cafe ofcxtreame or natu- 
 ral/ neccfity for a natural! community. 
 
 4. Of ChriHian Community. 
 
 5. Whether that which is Gods here ^ lyes under 
 the fame exceptions of our mccfities, that our 
 Properties doe } 
 
 § 1 . /^Ur generall rights furely are not yet all loft, 
 
 Vw/though all the world be now trampled 
 
 over, and impropriated in particular pofleffions and 
 
 righw : there yet remaines feme common right, or 
 
 naturall 
 
(15) 
 
 natural! community among all men, even in impro- 
 priations; fo that that which is neceflary for my na- 
 tural! fubfiftence and unneceflary to an other belongs 
 juftly to sae, unleffe I have merited to loie the life 
 which I (eek to prcfervc. There were a defe&in 
 Gods creating ©f our Natures fach as they are, if he 
 did net provide meanes to uphold their beings accor- 
 ding to tae natural! faculties which hse hathgivea 
 them. 
 
 PtA mater fanem inter Itbetts diftribuit ut 
 fruftrum veniat fingnlis. 
 
 Let us judge this caie by thofe rules of Juftice, by 
 which we judge other cafes. If a father in his Will 
 palle by a Child, or name him, but upon falfe caufes 
 leaves him nothing ; bee is notwithftanding fby the 
 equity of the Civill Law,) admitted to a ehilds part, 
 a Ugtt ima, and may forme his adion contra teflamen- 
 turn inofficiefxm. Men are all akin, and as we derive 
 one from another, fo we cannot expeft but to make 
 room one for another, and to let others fettle in our 
 places, who may juftly exped as much due to them 
 for their naturail iubfiftence, as was t© thofe who be- 
 fore went out of the world to make place for them, 
 yca 3 though they affigne them nothing at their de- 
 parture. 
 
 Man were of all living creatures mod miferable, 
 if he might not daring this life have that meafure 
 which God would not have an Oxe defrauded of. 
 Thus hath every dunghill Flie a right to live, and to 
 remaine infe&ile, which betides exiftence hath fence, 
 and may not juftly bee deprived of that its chiefeft 
 felicity, wnleUe it be importunate to a nobler Crea- 
 ture. 
 
 2, No man in reafon can pretend to fhare in the 
 
 £weafc 
 
(t6) 
 
 fweat of smother mans brows, or that the paines and 
 wafting of an other mans life, Should bee for the 
 maintenance of any but his owne. Yet though it be 
 granted, that they who entered the world before us, 
 had the means (either by their owne induftry, or law 
 full donation of the fruits of other mens industries ) 
 to be poflfeft of fometing more then we might in rea- 
 fon expe& at our entry, notwithstanding all that is not 
 fo properly theirs, but if another by extreme neeefli- 
 ty be perilling, and they have above what they can 
 confume in a naturall way , then they have no fuller 
 property in that plenty then ftewards have, and for 
 this regard they are fo called in Scripture. The earth 
 {till is the Lords, and thefulneffe of it: It is his, for 
 hec made it out of his owne matter^ and for the fajhion 
 of it he us'd not our aide : Yea, 'tis his Sunnc ftili 
 which produces, and his Clouds which drop fat- 
 neffe .• Wee can onely plead the contribution of a 
 little paines j for that which is our naturall (hare 5 fa 
 that in plaine reafon we may not expedt to be other- 
 wife qualified then ftewards for all that which is not 
 probably neceffary for our owne iubfiftence, or for 
 theirs, who fubfift ©nely by us. Wherefore if Laza- 
 rus ready to perifh (not by fault but misfortune) had 
 taken Dives his crummcs contrary to his will, yet he 
 had not finned 5 no more then he who takes femething 
 which the Lord hath given him, though thefteward 
 contradi^ it. But if it fo happen that they be in fart 
 ftecejfitate, then nteltor eft conditio foflidentisi Or as 
 Saint Pauls words were when he excited the Chur- 
 ches charity andalmes/or the reliefe of the diftrefled 
 members of Chrift ; Not (quoth he) thatjee Jhou/d 
 btfircightned>and they abound.* Cor.8.13* 
 
 3 . The will of thote who firft conlented mutu- 
 ally 
 
(17) 
 
 ally to divide the earth into particular pofleflions, was 
 certainly fuch as receded as little as might bee from 
 naturali equity : For written Laws are even now as 
 neer as may be to be interpreted ;by that 3 and from 
 hence it is, that in extreme and de(pcrate neceffity, 
 the ancient right of ufing of things, as though they 
 had ftiliremaLi'd in common, is revived. Tis necel- 
 fity which makes Lawes, and by confequence ought 
 to bee the interpreter of them after they are made. 
 Hence flowes this legiflative rule, Legtshnmana eb- 
 ligant mi fattafunt, fctlicet^ cum fen fu humana im- 
 becillttatis* Ail Admiralties judge this equall, That if 
 provifions begin to faile in a (hip at Sea, every one 
 may be forc't to bring out openly, what hee laid in for 
 his paflage in particular, that i© all might be fpent in 
 common : by which diftribution it may happen^ That 
 they who laid m ten times more then any one elfe, 
 (hall have but an equall fhire with the reft. In like 
 manner when the Sea breaks in upon a Country, we 
 may dig in the next grounds to make a bank, without 
 ftayingfor the owners permifiion. In fuch cafes of 
 necelTity, humane Laws doe not fe much permit, as 
 expound their naturali equity : and that which men 
 givetothofe who are to innocently diftreffed, who 
 borrow life onely from the fhaddowes of death, Et 
 pitlafe tempefiate tuemur, is not fo properly a chari- 
 ty to them as a duty ; and if he bee a Chriftian who 
 gives, perhaps he doth more-charity to himfel'e, then 
 to the receiver. 
 
 §,4. Thereafbnof thisChritlian-charityorcom-* 
 munion is as farre above the naturali, as Qfrift him- 
 felfe was above nature This requires an equall bea* 
 ting of all puifes, that as fellow members wee have a 
 bomogenmll fence and paloitation. By the Rivers of 
 C Babylon 
 
Babylon every one fat downe and wept, and all their 
 pleaiantlnftruments hung together on the fad Wil- 
 fowes. Everv thing mourned alike bxOr{heus when 
 his tome limbs and his harpe were throwne into the 
 
 River Hebre. 
 
 Qyy, Caput Bebre Ijramque 
 
 JExcipis, & medio mirum dum hiitur amne 
 flebtle nefeio quid queritur Lyra^fiebile UngUA 
 Murmur at exanimiSi refiondent fob He ripa. 
 Wee are to divide a cruze of oyle and a few hand- 
 falls of mcale with one of Chrifts flock, with an a- 
 bandon'd creature , to whom Nequicqnam fun- 
 do fufbirat nummus tn m>o. Pcrfius. And iurcly the 
 violation of this Jus charitatis is noleffe then theft 
 in thole who being of extended fortunes never defal- 
 cate a Gibeonitscrufi perhaps for a wandring An- 
 gell. Thefe fteale even the (hipwrackt mans pi&ure 
 from him, which as his whole inheritance he carried 
 at his back to move to compaffion, and by the infatia- 
 ble Sea of their Avarice andlmury they wrack him o- 
 ver again at Land. \ - 
 
 But thisiree Primitive communion had and hatn 
 its bounds and its quantum in Contributions, as well 
 as the Naiuruil ; otherwife it migt be fraudulent and 
 theeving: Forihey who poflefle but a little would 
 contribute it all, on purpofe to fliare equally with 
 thofe who polktfe very much ; which would intro- 
 duce a vifiaie decay and ruinc in all; as Tiberius 
 rightly obferved upon M. Hortalus his petitioning 
 the Senate for an almes for Augvfius Cafar's fake : 
 Jmendetur tnquit [ocordia> languefeet induflria^ fi 
 nullus ex fe metus aut ffts t & fecuri omnes alien* 
 fubfidt* exfeUabunt , fibi ignavi & nobis graves. 
 
 Tacit. „ r . 
 
 Where- 
 
(IP) 
 
 Wherefore in the midft of that Primitive Commu- 
 nion we finde that the Apoftles went Domaiim from 
 houfe to houfe breaking of bread, therefore they 
 even then retain 'd their houfes in property: which 
 property is iuppos'd by the Eighth Commandment, 
 as well as it is by Chriftian charity : For no man can 
 fteale, but by invading the right of another .• and as 
 for charity it is neceffary hee have fomething of his 
 o wae to be able to fulfill its commands, and to make 
 a dole at his doore : And it is very convenient that he 
 give it rather with his owne hand, then by fome pub- 
 Jique colle#ours, Tor Charity is heated rncjtypith the 
 fence of its owne aUion, Mat. 7. 1 1 . Moreover under 
 the Law Jews were commanded to love one ano- 
 ther as theinfelves, yet this command took not away 
 property then.therfore it takes it not away now. Not- 
 withstanding we owe the ufe or ufnfrmtt of our pro. 
 perries to the diftrefled, though our felvesbee at the 
 fame time indiftreffej / uft as we are comanded by the 
 peril of our own lives to eadevor to fecureour Neigh- 
 bours life; which is yet a charity more tranfeendent 
 then the other, by how much life is above livelihood. 
 Though ftates punifti thoia who out of mecr neceflity 
 take fomething out of anothers plenty,yet that proves 
 net the aft to bee a finnc , or repugnant to equity 
 or con(cience,but gather repugnant to conveniency of 
 ftate, left thereby a gap might be laid open to Liber- 
 tinifme. Rcafon of ftate wee know confidcrs not 
 vertue, fo much as publique quiet and conveniency, 
 or that right which is ad alternm. 
 
 5. Wee will now confider thofe things which are 
 
 Gods 1 which yet are not his in iuch a ftri& rigorous 
 
 fence, but that they lie open to the exceptions of 
 
 our juft necetfuies. Hence that which is devoted as 
 
 Cz a 
 
f20) 
 
 atarincetohim, mcafeef neceffity may bee made 
 Si witneffe Bawds »a « Wherefore the 
 Sequence of our Saviours anlwer was very ttrong, 
 whSee defended his pulling the eares of come 
 jStbSrsfcM;T^if«»'«'«f«*> Davids 
 
 th" t adefGod,tk<? t ho» mmh mf»«« Uf*. 
 
 nfrOHKr wt ef tUt which UUngi f *»**> The 
 SSn Lv fak That if noother meanscan bee 
 found, the F#tf »/ «*• -<«'*• «»y ^e fold tb redeem 
 Sfata who are inthral'd in mifery ^captm- 
 ty : and is there not good reafon for it ? feing they 
 gtvebut for the fata of men, and therefore he 
 foulesot men are precioufer then tney •• Yea the 
 hcrifice it telle to what end is it, bat to obteine a 
 ftate or piety for US? Sed mfi vivamus pie vtvtre 
 mnfofftuuHt. Eraf. 
 
 Chap 
 
(21) 
 
 4hap, V. 
 
 Concerning the parties ( juft or unjuft) 
 which by the variety offiiccefle in 
 Civill Warre command us and our 
 fubllftence* and reduce us to thefe 
 extreme necefsities. 
 
 Whether for a juftifiable obedience to 
 them, it be neceflfary for us to allure. 
 ourfelves ; that thofe parties have a 
 juftifiable caufe of Warre, or right to 
 command us? 
 
 § i. Wherefore difficult for us to affur sour con- 
 sciences in the pints of right , 
 
 2. Whether Prescription make aright? 
 
 3. ^A caufe of Warre defending on a matter vf 
 f&B^ not a cert aim way of confirming us that 
 ive lawfully ohef, 
 
 4. Warre for dominion andforpoffcfiion. 
 
 THefe things being thus dated concerning our 
 owne perions, the lawfulness and traufcendent 
 rights which we have both by God and nature in our 
 lelves ; and that which is ours,yea & in caie of extreme 
 mifery in others things al(o, above all thofe rights, 
 C3 privi- 
 
(*2) 
 
 priviledges and obligations which others "may pre* 
 tend upon us; I may the eafiiier defcend now into 
 the bottome of the queftion, andfpeak tothemaine 
 parties whether Juft or un juft, who by the variety 
 of fucceffe, may one after another command us and 
 oureftates,and in both reduce us to the forementio- 
 ned extreme neceffity .• In which condition or con- 
 fufionthe queftion is what is lawrull for us to doe? 
 Ifiadethatmoftherefeek to fatisfie their icruples 
 infearching, Pirft, Whether thofe forties JoAve law- 
 full power over us or no ? That fo finding the lawfttl- 
 neffeof their right* they may be eafiiier aftured of the 
 Uwftilnejfe of their owne obedience. Secondly, In ex* 
 ^mining the can ft of their JVarres, whether it be ) ufti- 
 fiableor no? They fuppofing, that if the caufe bee 
 bad, all effe&s which have any dependancc on it, 
 muft needs be fo too. I conceive that thele two con- 
 federations ferveonlyto adde to the perplexity of a 
 jnans conscience, and are not neceffary at all for us to 
 be informed of. 
 
 § i. As for the point ©f Right, it is a thing al- 
 wayes doubtfull, and would be ever dilutable in all 
 Kingdomes,if thofe Governors who are in polTeffi- 
 on ftaould freely permit ail men to examine their Ti- 
 tles, and thofe large pretended lights which they ex- 
 ercife over the people : And though this parties Title 
 may be as good or a little better then that parties, yet 
 a man in confcicnce may (till doubt, whether he have 
 Limpdim titulum, a juft title or cleare right, efpe- 
 cially in thofe things which are constituted by fo va- 
 rious and equivocall a principle as the will of man 
 
 *Befides,moft Governours on purpofe take away 
 from us the meanes of difcovering how they come 
 
 by 
 
(*3) 
 by their rights: Infomucb, that though they may re* 
 aly have that right to which they pretend, yet 
 through the ignorance we are in, of what may bee o- 
 mitted in their hiftory, either through f eare, flattery, 
 negligence or ignorance, it is dangerous for us upon 
 probable humane grounds onely, to iweare their in- 
 fallible right, as is (hewed in the following treatife of 
 Oaths. Upon this ground Tacitus iaith well, Tiberij 
 Cajque & CUudij acNeronis res, fiorentibus :p/ts 9 ol 
 met urn fa/fa ; fofiquam occiderant recentibus *d*js 
 comfoJittfHnt, And if the parties rights bee but one 
 as good as anothers, then his is thebeft who hath 
 pofleflion : which generally is the (Irongeft title that 
 Princes have. A whole Kingdome may be laid wafte, 
 before it can bee infallibly inform'd concerning the 
 parties true rights which they require men to die for, 
 and to avow by oath. 
 
 2. As for prefcription of long time, every mans 
 conlcience is not fatisfied, That that added to pof- 
 ielTion makes a true right. This we know, that it 
 conduces much tojpublique quiet ; but the Canonifts 
 maintaine it againft tiie Civilians, That prefenption 
 upon an unjufi beginning dc ex titulo inhabili, doth by 
 its continuance of time^ inereafe And not dimimjh the 
 injtifiice andfaultineft of the Aft : For the lapte of 
 time cannot change the morality of an KQl: It is no 
 plea in Divinity to argue the prefcription which finne 
 hath on us, as an excufe : A Lie is almofi as old as 
 Truth ; but there is no prefcription again ft- God and 
 Truth. This concerning the point of Right. 
 
 3 . As for the point of Fact on which wee would 
 ground matter of right , or a juftifiable caufe (viz,. 
 that (uch or fuch things have been done, or plotted, 
 or advis'd, therefore the other party may lawfully do 
 
 C 4 this 
 
(14) 
 
 fhis or thatj that we know is without end 5 and ever 
 is perplext and difficult to have pet fed Intelligence 
 of, eipecially fuch, as a man may fafely venture his 
 owne life;©rtake away anothers upon it. Wherefore 
 if wee may reafonabiy doubt of the point of Right 
 (which yet is a more cleare an i uniform thing) then 
 wee may be more reasonably perplext in the ttory of 
 Pad:, which depends on io many Accidents, fo vari- 
 ous circurnftances, both in its principle (the will,) in 
 its exiftence, and in evidence for the infallible know- 
 ledge of it. 
 
 From hence therefore I conclude, That wee may 
 in this great cafe eafe our (elves of this vaft perplexi- 
 ty in examining Whether or no the invading party 
 have a juft title, or caufe, or no? or, Whether he have 
 a jufter then he whom he oppofes ? But here I de- 
 fire to be rightly underftood : For I arBrme this, not 
 as if the knowledge of all this were not very conve- 
 nient, and much to be defired, but that (as it is almofl: 
 impoflible for us to have, io) it is not neceffary for us 
 to iearch after ; except in one cafe fwhich comes not 
 out of thehiftoricalloccafionof this difcourfe) with 
 In afliftingto the beginning of a Warre. Theie Ne- 
 gatives ihewonety what wee need not ground our 
 coniciences on,in order to a lawfull obedience; but it 
 mult be apofttive an-i a clear principle which wemuft 
 ground on, it we would be warranted of a juft fub- 
 ininion to the orders of one who commands us per- 
 haps unjuftly. Pork is a matter which concernes the 
 miiery of others who never did us wrong. 
 
 4. There is a Warre for Dominion, and a Warre 
 for PofTefsion. If it be for Dominion, wee may con- 
 tribute our Money, Armes and Oathes, to the expel- 
 ling perhaps of an innocent Family : If it bee for 
 
 Pofleffien 
 
Poffeffion (which is the worft)then ft is for the flave- 
 ry of thousands of Innocent Families : And before 
 cither can be compaffd, wee may allure our felves, 
 that thoufands may bee as innocently kuTd by the 
 meanes of them who contribute to the ftrengthning 
 of anunjuft party. But becaufe I ftate this queftion 
 in a Warre already form'd 3 and aflually introduc'd up- 
 on the people, therefore in anfwer to this pofitive 
 demand, I as potitively (ay, That for a ]ufti fable obe- 
 dience jt is be ft i and enough for us to conjiderjvkether 
 the invadtng forty have hs And the meanes of our fab- 
 fiftence m his foffeffion or no ? 
 
 Chap. VI. 
 To allure our consciences of a Iuftifia- 
 ble obe ience during the confufions 
 or revolutions of Warre, ic is beft 
 and enough for us to confider^ffo- 
 ther the invading party (jufl or unjufl) 
 have us or the means of our fubfiftence 
 intbeirpojjejfionor no. 
 
 § r. Princes them [elves ^ notwithflanding their 
 fwome Leaguts one with another \ ground their 
 obligations on the tacit e condition of their f of 
 fifing what they had when theyfwore. 
 
 FOr entry to the proofe of this Chapter, I {hall 
 briefly (as a (taring of the queftion) ietdownca 
 pertinent difcourfe which Cardinal d'O far {Henry 
 
 the 
 
the Fourth of Ft Ana his great Agent at Rome) held 
 with the Pope, upon this following occafion, as him- 
 felfe relates it in his letter to the King his Matter. 
 
 The Duke of Gnifr ( as is commonly knowne ) 
 form'd a League or Covenant againft K. Henry the 
 Third, which moft of the Kingdome of France took, 
 and it was to this purpofe : That the King was fo 
 cold in the Profeffion of the Romilh Faith, that it 
 was in danger to be extinguiiht by the increaic which 
 he permitted of the reformed Religion ; cfpecially 
 fcing Henry the Fourth (then King of Navarr* ) was 
 of that Religion, and was to iucceed to the Crowne : 
 Wherefore by the mediation of Philip the fecond of 
 Spain*, the Pope qualifi'd the Duke of Gmf« t Head 
 of that Catholique League, and ( which in point of 
 Government was to fct him above the King) avo wd 
 him Protcftottrof the Catholique Faith in the Ktng- 
 dome of France* When Henry the Fourth (ucceeded 
 to the Crowne, then this League for fecurity of Reli- 
 gion was moft violent ; and the Spaniard without, 
 hop'd, by nourifhing thus the divifion within, to car- 
 ry all for himfelfeat laft. To avoi'd which gin, and 
 to anfwer all, the King chang'd his Religion, and ne- 
 gotiated by d'Ofat to be received by the Pope as a 
 dutiful! Sonne of the Church of Rome, demanding 
 Abfoiution for what was paft, and making large pro- 
 miles of due obedience for the time to come. The 
 King of Spaine's intereft was, that hee fhould not be 
 received , and thereupon he indeavored to perf wade 
 the Pope, That Henry did but dilfemble with him, 
 and that under this difguife hee would eafiliell ruine 
 the Romifii Religion. Notwithstanding ail this, 
 JOftt obtained his Reception, Abfoiution and Bene- 
 didion 3 through the many ptoteftations, promises 
 
 and 
 
and prcfents which he made to his Holineffe. Where- 
 upon the Spaniard's defignes were in a moment all 
 blowne over from France, but fell heavilier upon tha 
 united Provinces ; which were fo forely prcft, that 
 they apprehended the lofle and ruine of their Coun- 
 try ,and thereupon implor'd affiftance from KingH<r#- 
 r/, who received their Ambafladours very gracioufly, 
 and gave them aflurance of reliefe.The King of Spain , 
 who wanted no good intelligence in the Court of 
 France, immediatelie remonftrates to the Pope, That 
 his former intimations concerning Henry's diflimu- 
 lation, did now appeare in the face of all the world ; 
 and that feeing his Holynefle had been io credulous, 
 he knew not now whether they foould be able to fave 
 the Catholique Faith from being iubjeded to the 
 Reformed Religion or no. For whereas the Holland- 
 ers had revolted fiora him,only becaufe he refolved to 
 ufe the true meanes for the eftablifhing the Romifo 
 faith among them, and that now he was in a f aire way 
 of reducing them, (which conduced fo much (by his 
 Holynefle his owne opinion) to the eftablifament of 
 the Romifh FaittOi/w/ had taken their party againft 
 him in that worke ; and that at Paris he had received 
 their Emhajfadors to that yurpofe, although he k&ev* 
 they were his lawfull fnhjeftsficz* 
 
 This ftartled^the Pope not a little, who immedi- 
 ately charg'd d* bfat tor having betray 'd him, and put 
 the Church in danger.This argument was as fubtill on 
 the Spaniards fide,as changing Religion was on Hen- 
 rfs> and therefore d* Offat was not a little perplext 
 how to anfwer it to the advantage of his Matter ; as 
 aifo coherently to the considerations of his former 
 reception into the Church: but at laft he replyed, That 
 his Holyneife needed not wonder how in reafon of 
 
 State 
 
(2%) 
 
 State thofe of different Religions might jbyne toge- 
 ther for Political ends, without hazard of altering Re- 
 ligion : Thusl^/^foughtprote&ionof thePhilif- 
 thines,and Abram redeemed the finncfuU Sodomites. 
 That he tooke it to be upon the lame ground, that his 
 Holyneffe himfelfe not long before received a Perfian 
 Embaflador,who was io farre from being a heretick, 
 that he never pretended to the name ©f a Chriftian, 
 That it was but a plaufible argument which the King 
 of Spaine ufed, in complaining of Henry s receiving 
 and avowing their EmbafTador, especially knowing at 
 the fame time that they were Rebels, and could pre- 
 tend no right nor title feparate from his Crowne : 
 * For Princes (quoth he) when Embajfadors are ad- 
 " dreftto them^never informe themselves of the rights 
 u and titles of thofe P rinses frsm whom they are fent : 
 * : But whether they have poffeffion of the force and po- 
 <c wer of thofe places, from whence the Embaffadors are 
 "imployed* For it would be an endUffe taske % a?<dre- 
 cc quire an infallible true Hifiory of the World (whtch 
 <( is not to be made by man} if all the Embaffadors>be- 
 Ci fore their receptions, (hiuld be obliged firft to prove 
 u clearly to$ the world the jufi right by which their 
 14 Maffers derive thofe Titles and jurisdictions which 
 " they ajfame to themfelves. This reply as it fetled the 
 Popes mwd^fo thereafon of it may well fettle ours ; 
 And in the firft place it may not be amilTe to fee what 
 the opinion o£ Princes themfelves may be concerning 
 it, 
 
 i. It is evident thatmoft Contra&s and Oathes 
 made betwixt Politically Publique perfons,are made 
 in this Poiiticall fence, viz,. with a tacit condition of 
 holding their poffelTions. And therefore the world 
 wonders not that the King of England having fworne 
 
 a league 
 
(29) 
 
 a league with the King of SpainCj exprefly alfo as he 
 wasKingofPortugall, did not withstanding fince re- 
 ceive two Embafladors from this new King of Por- 
 tugall 5 and that without being judged either in Eng- 
 land or Spaine to have broken his former Oath and 
 League. But not to ground too much on matter of 
 h&,Grotim in his Treatife de legatis Judges the point 
 of right ; Where, after he hath ihewne how they wh© 
 are partly fub jeds and partly not, have a right of Em- 
 baffy for that part fey which they are not fubj eels, he 
 ddcends to thofe places which are divided by 
 Civil! warre ; in which as it is naturall for each party 
 to prefer ve it felfe by all meanes it can, fo ufually cor- 
 refpondence abroad by Embaflle is one means which 
 is not omitted : and the rale which States have for this 
 cafe is, That in regno divifo^gens una fro tempore quad 
 du& gentes habetur. The ground and tacite condition 
 wherfore feverall States contract one with the other, 
 is (according to that Author,) the confideration of the 
 fewer which each Kingdome hath to afford benefit 
 one to the other : fo that the contrail is rather with 
 the places,then with the perfbns.HeRce the fame Au- 
 thor faith, Reges qm regnis exutifanx y cum diis regni 
 bonis etiamjus legavdi ferdiderunt. As ..this fcay found 
 harfhly, fo it ought to have good reafon atidauthority 
 to countenance it. It is not enough toobje&, That 
 fuch tacite conditions are not proper to,nor confiftent 
 with the nature of Oaths (which afterwards is refu- 
 ted) For they who confider thofe admirable Chapters 
 of the iZ^oijeremte.v.jS&io. £^^.33.^,13,14. 
 will find the fame in. Gods declared will, though pofi- 
 tively expreft, which is argument enough for us, as is 
 largelier proved hereafter : vid.f. 2.0.3, §- 2, 
 Thus we f$e by what ground of right or def e& m 
 
 pot 
 
f3*) 
 
 poffeflion Princes difavow ©ne another,, though they 
 be mutually obliged by folemne oaths, which is the 
 greateft tye that Princes or j uft Governours can have 
 upon their fubje&s. Now I conceive I may aptly ipeak 
 to fubjefts obeying an ufurping power, after an obli- 
 gation of Allegiance to another Power. 
 
 The fecond Part 
 
 Wherein is examined: 
 
 WHETHER, 
 
 u A man may lawfully pay duties or 
 
 Taxes to an ufurping or unjuft 
 
 Party ? 
 2. Or whether he may lawfully ferve 
 
 fuch a Party pcrfbnally ? 
 JJ 3. Or whether he may lawfully fwear 
 
 fidclitie to fuch a Party during the 
 
 Warre ? 
 4. Or whether he may lawfully (wear 
 
 a finall Allegiance and fubjc&ion to 
 
 fuch a Barty after the Warre ? 
 
 CHAP. 
 
(30 
 
 Chap. I. 
 Whether a man may lawfully r and 
 with a good confeience pay Taxes 
 to an ufurpingor an unjuft party du- 
 ring the Warre ? 
 
 5 i. What was meant by paying Tribute t$ Ca- 
 
 far. 
 2 . In what cafe a man at the beginning of a Warn 
 
 may contribute to it> though be finds not its caufc 
 
 3. Themauner of a Livie. 
 
 4. We cannot properly fir ufle at that which is out 
 of our power. 
 
 5. Qf the condition of thofe who live upon fron- 
 tiers. 
 
 6. What liberty have we^ when the right Govcr- 
 nour declares \ that he will not have, us pay Any 
 thing to the invading party j Likewife^ whether 
 Any Law but' that which derives immediately 
 from God doth indifpenceably oblige the confi ; - 
 tnce f 
 
 IN the firfl: part, the ground for all the particular 
 questions in this,is laid and treated Generally, but 
 here we come to clofer and more particular preofes: 
 and firft, of tribute and Taxes. 
 
 Tfacrt 
 
cm 
 
 There are many who not finding this liberty in 
 their conferences, unneceflarily choofe rather to give 
 their bodies up to reftraint, and to abandon their 
 whole meanes of fnfefiftence in this world, both for 
 themielvesand their children, which ought not fond- 
 ly to be done, unleffe we would be worfe then Infi- 
 dels as Saint paul faith. 
 
 Ob. They object, that they know not whether the 
 monies they give, may not furnifti to the deftruclion 
 of many Innocents, and perhaps of the juft Magi- 
 strate himfeife $ That though a man may give away 
 his owne as he pleaies, yet not in this cafe, when it 
 is to the prejudice of another, &c. 
 
 They who thus fcruple are in conference obliged 
 thus to fuffer, becauie they have not faith to doe other- 
 wife ; But the queftion now to be examined, is Whe- 
 ther thefe be Kecejfitrj ferufles in thewfelves, and fetch 
 as admit of no exception or liberty} Perhaps upon exa- 
 mination we may rinde thefe ferufles to be like [can* 
 dals y whereof fome are rather taken then given : 
 And therefore to ftate the queftion aright,! fhailpara- 
 phrafe a little upon another queftion which was pro- 
 pounded to our Saviour ; It maypoITibly appeareto 
 be the fame withihis, though propounded with more 
 fubtiltie and malice. 
 
 The Scribes and Phari r es fought two wayes to en- 
 trap out Saviour ; One was, as if hce had blafphe- 
 moufly taught a new Religion, and a new God {viz*. 
 himfeife^ They hop't the people would be provokt 
 toftone him tor this, according to the 13 or Dent. 
 The other was to bring his actions into the compaffe 
 of Trealon, as if hee could not lead great multitude? 
 after him without traiteious defignes; but this gin 
 faii'd too, becauie the multitude which follow'dhim 
 
 was 
 
C33-) 
 
 was alwayes ready to defend him : However, wheri 
 he was at Jemfitlem, where the Roian Troopes and 
 Pr#tor were, they thought they ha&rim fure, by pro- 
 pounding this fubtilty to him. 
 
 §. I. Is it I aw full for us to fay tibute t§ Cafar ? 
 which was as much as to fay $ We who are descen- 
 ded from Abraham, and are the pculiar people, to 
 whom God hath given the largcprivileges of the 
 earth, at home to bathe our felvesn Rivers of milke 
 and hony;to have full barns & man children; yea that 
 God himfelfe will be ador'd in nother place of the 
 world, but at this our Jerufklem ;nd that abroad we 
 fliould triumph over the barbarouand uncircunicifed 
 World, by vertue of that Militia hich he never or- 
 der'd for any but our felves \ Hoiare we then in du- 
 ty or conference to fubmit now t the Ordnances of 
 the uncircumcifed Roman ? Orrhat right can hee 
 have to exercife fupreme Jurildlion over us the 
 privileged feed of Abraham^ laying Taxes on our 
 Eftates and Land ? (which Goctafelfe laid out for 
 us ) by which meanes hee holdsiis very Temple in 
 flavery, and infults over our Con ences and Religi- 
 on, by defyling our very Sacrres with the mix- 
 ture of impure bloud ; which aaey are the price of 
 our foules, and a tribute farre aire Oc/&r>,(p a yable 
 in no other place but this Templvhich God himfelf 
 built J fo our bloud ought not to |m too deare to bee 
 1 acrirked for the liberty ©f thefdtars. And though 
 the Roman State could pretendght, yet what can 
 this Cafar pretend ? Every maiconicience knows, 
 that it was but the other day hefurp't over the Se- 
 nate, in which refides the true Jfdiction of Kemo : 
 And if that were otherwife, yhow can hee pre- 
 tend to a title, unlelle poyfon b< Pedegree, or vio- 
 
 » lent 
 
(34) 
 
 lent usurpation a'uft ele&ion ; by which hee who is 
 but the greateft tleefe in the world, would palTe now 
 for the moft Sovcaign and Legillative Prince ? How 
 then are we incomience eihligdto pay Tribute to this 
 i'dpir? Though We Lawyers thought in their con- 
 fcieaces, that thy were not truly obliged to pay it, 
 and that our Savmr likewise as a Jew' thought fo 
 too, yet they fupps'd hee durft not iay (o much ia 
 the crowd, nor yedeny it, by ihiftitig it orTin filence, 
 left the Roman Oicers fhould apprehend him. But 
 when our Saviourhew'd them Ctfars face upon the 
 Coine, and bad thn render to Cafar that which was 
 Cafars, and to Gothat which was Gods, his anfwer 
 ran quite otherw* : Not as fome would have it, 
 that by a fubtiltyle anfwGred sothing t© the point 
 propofed : for th the fenfe of the whole text 
 would found verili in fuch termes, viz,. That if 
 there be any thingie to Cafar, pay him it 5 and if a- 
 ny thing be due fro you to God, then pay it likewife. 
 This had been a wkning of Gods right, for Cafars $ 
 and to have left aefperate doubting in a neceffary 
 Truth. 'TisbeyorallCavill, that our Saviours opi- 
 nion was pofitive r paying of Tribute to that very 
 Cafar, becaufe dutto he did pay it ; And the plain 
 reafon of it appes evidently in this his anfwer: 
 Cafars face was un tfie Coine ; that is to fay, Cafar 
 bj conqueft was iwffeffion of that Coine, by fojfejfmg 
 the f lace where hoblig'dthem to take it- coining 
 of Money being>ne Prerogative of Soveraigne 
 power. 
 
 And now to ai/er more particularly to the fore- 
 mentioned objects at the beginning of the Chap- 
 ter. 
 A. In the firftxc I diftingaiftx betwixt Pcrferre, 
 
 & 
 
(3J) 
 
 & infeyre btUum ; The one is active and properly at 
 the beginning of a Warre, and in a place where yet 
 no Warre is, and where its caufe onely and not its 
 effects can bee confider'd : In this cafe every thing 
 ought to be very cleare for warrant of a mans con- 
 fidence, becaufe of the calamities which he helps to 
 introduce, and is in'fome manner Authour of. The 
 other is Paffive, and there where War or the power 
 of Warre is actually formed, which is the cafe of 
 this difcourfe. 
 
 Secondly I diftinguifh betwixt that which cannot 
 be had, nor the value ©f it, unleiTe I actually give it ; 
 and that which may be taken whether I contribute it 
 or no : In the force of this fecond diftindion lies the 
 reafon wherefore I have lo much examined the na- 
 ture of Toffeffion in the former part. To apply all this 
 to the Objections, I (ay, That if a man fcruple, he may 
 not inferrc helium by any acl: which may be properly 
 his owne ; I fay, property his owne* 
 
 § 2. Becaufe though Warre bee not yet actually 
 form'd in a place, yet a fcrupling confeience which 
 likes not the caufe may be excus'd in contributing to 
 it^in this one cafe,w'~.It forae number of men able to 
 take what they aske,demand{^with an armed power,) 
 the payment of a certaine funime to bee imploy'd in 
 Warre, then in men a cafe, the man of whom wee 
 {peak may pay it, as a ranfome for his life $ cr give 
 it as a man doth his purfe when he is furpriz'd in the 
 high-way : The reafbn is, Becaufe to this man it is as 
 much as if the who Is County ej were poffefi by an armed 
 power. 
 
 § 3. The manner of the Levie is here Principally 
 
 to be considered. For if the perfon taxed be not for 
 
 the time in the full pofejfion of him whole caufe hee 
 
 D 2 (cruples 
 
fcruples at, and that he have not a probable feare of 
 extreme danger, nor as probable ajfurance that with- 
 out his helpe, the thing demanded nor its value can 
 be taken hem him, then there's little excufe remains 
 for the Ad, hecaufe the (aid kdt (which his confer- 
 ence diflikesj participates more of Aftion thea of 
 <P4ffu*. 
 
 Bet in the cafe of this dilcourfe, where a man isfuHy 
 p-tfeftby an unjuft invading power (from whom 
 whole Countries cannot poiTIbly flie, nor make away 
 a!) their Goods and Eftates^ there I fay a mans pay- 
 ingvf Taxes is no gift * which ifprov'd, takes away 
 tire nafier-fcriiple. Let us judge of this by that cafe 
 which K r e all grant ; If a man fail into the hands of 
 mam defperate theeves who alTault him for his Mo- 
 ney ; though with his owne hand he put his purfe in- 
 to their hands, yet the Lawcals not that a gift, nor 
 excufes the theefe from taking it, but all con- 
 trary. 
 
 § 4. By this it's apparent what a groundlefle fchi- 
 pleit is for a man thus taxt, to fay, Hee knows not to 
 vehat ev til they may imploy the money fo put into their 
 defperate hands 1 For this fuppofes a gift, and a mans 
 proper voluntary, Acl: 5 or which indeed he is alwaies 
 to be fcrupuloas, becauf e it proceeds from that Prin- 
 ciple wich is totally in his owne power : whereas 
 other mens adtions are as farre out of our power as 
 winds and tempefis are 5 to which two as wee contri- 
 bute nothing, fo we cannot properly be fcrupulousin 
 our confeiences concerning their bad efFe&s* 
 
 For further proof e I might aptly refiefr on thofe 
 arguments which were difcuft at the beginning of 
 the rirfl part, concerning the tranfeendent right 
 which wee naturally have in the prefervationofour 
 
 felves, 
 
(37) 
 felres, smd of thofc things without which wee oan- 
 not be prefcrved : As alfo on the high privilege 
 of extreme necefficy^ nature it felfe being morejn- 
 tent to the prefervation of particular then of publike 
 bodies, which are made out of particulars, and as 
 much as may bee for the particular ends and preserva- 
 tion of each Angular, no man obliging himfelfe to any 
 particular focietyof this or that Couatrey, without 
 the confederation of felfe-prefervation, accortfibgto 
 therightof the more gencrall (ociety of manKnde. 
 
 § 5. Thus much concerning thofe who are fully 
 po/Tcil by the unjuft invading power : Now J (nail 
 fpeake to the condition of thole who live upon fron- 
 tiers ; whole condition is more ticklith and deplora- 
 ble, beoaufe they are not fully poffeft nor taken into 
 the line of either party. Thefe live as it were in the 
 Suburbs of a Kingdoms and enj oy not the fecurity 
 or priviledges of others. Though they can owe true 
 Allegiance but to oae party, yet they may lawfully 
 contribute to both : For though they bee but partly 
 poffeft by one and by the other, in refpect of their 
 iuddain abandoning them, yet both fames have the 
 ■power of defer oyingthem wholly. Wherefore thofe for- 
 mer reafons which jaftifie thole fully poffeft, doe alfo 
 acquit the payments of thefe; for their condition 
 here is more calamitous, leing they are really but Te* 
 nants at will, expos'd to aperpetuall Allarme, and that 
 both parties wound one the other onely through their 
 (ides. 
 
 6* The laft confideration in this Scruple, is of the 
 mils of them -whom wee acknowledge our law full Go- 
 vernottrs, viz. 
 
 Obj. When they declare to us that they will 
 D 3 not 
 
not permit us to pay any thing to their Enemies^ 
 Anf. To this I anfwer, That the declared wills 
 of Governours cannot make all thole our ads finnes, 
 when wee obey that power which againft our wills 
 fas much as againft theirs, and it may bee with more 
 of oar miferyj hath devefted them of the power of 
 their rights, and depriv'd us of the comfort of their 
 Governments. 
 
 Que ft * I would not here willingly difpute whe- 
 ther any Law but that -which derives immediately 
 from G'oddoth indifpenfably oblige the confidence ? For 
 there is but one Lawgiver who can faveand deftroy 
 the Soule for the ebfervation or violation of Lawes, 
 and that is God ; who therefore hath the fole power 
 of obliging eonfeiences to Laws as the Lord of them, 
 through his creating governing and moving them. 
 ^.35.22. James^.12, There is one Lawgiver who 
 is able to fave and deftroy : who art thou that judgeft 
 another f Princes cannot by their commands change 
 the nature ©f humane condition, which is fub jeft na- 
 turally to thole forementioned changes : This were 
 to pretend to a power of obliging us to morall irnpof- 
 fibilities, and repugnances in the reafon of govern- 
 ment. And though thofe political! commands were 
 as Lawes, yet they ought not to be made nor to bee 
 obliging, but according to the Legifiative rule, which 
 -is cumfenfu human* imbeciUitatis. This is that which 
 ufuallyis called the frefxmttve wiU of a Governour, 
 ©rthemindeof a Law: Tor in extreme neceffityit 
 is to be prefum'd, that both their wills recede from 
 the rigour of what they have declared, rather then 
 by holding to that which is their right, introduce all 
 jnifery and eonfufion, without receiving any benefit 
 thereby themfelves. Neither are fuch commands 
 
 With' 
 
(39) 
 
 mthottt their fenfe*nd?rc fit though they he net pef- 
 tivelyebey'L For thereby Covemours (hew to all 
 the world, that they renounce no part of their right, 
 no though it be there where they cannot ererciie any 
 part of Their jift power : Secondly, they may there- 
 by help to retard their fubjefls from being forward 
 in giving admittance to their Enemies, or in j>emg 
 actively affixing to them, but rather to themkives ; 
 befides which fenfe there can be no fenfe. for it they 
 meane by tbofe commands, That they would not have 
 their Enemies ftrengthned or advantag'd by them, 
 and withall, meane that they would not .that their 
 fubjedts ftiouid mbmit themfelves at all to thofe uinr- 
 pers. though it were then when they and ail their iub- 
 fiftence are abfoiutely poffeft by them ; 1 fay then that 
 thefe are commands which da§i agamft themfelves, 
 and the one countermands the other. Tor if they re- 
 fute to fubmit in fetch a caie, then they do that which 
 advantages their Enemies : Becaufe at that time they 
 will take all, whereas in cafeof iubmiiTion they aske 
 bu* a parl.In al wars there are alwaies fome by whafe 
 difafrediens Enemies gain more, then by their com- 
 pliance ; juft as Phylitians do by diftempers. Though 
 by after variety of fucceffcs the juft tfovernours 
 (houid recover that place which fo iubmitted totlie 
 power of their Enemies, and for that reafon (hould 
 punifti thofe who were ploy able to extreme neceflity 5 
 Yet it follows not upon that, That they who fo con- 
 formed, finned, or did that which was ablelutelyun- 
 iawfuil. Tor wee know reafon of State oft calsfor 
 facriftces, where there is no fault to expiate: Oftro-r 
 ciime and jealoufie make away with thofe who are 
 knownetodefervemoft: In republic*, idem eft vir/ii' 
 urn & nihil mereri ; But in right ( which is the terras 
 
 D* of 
 
C4©) 
 
 ofthisqueftionj the jufl: Governour ought to looke 
 upon them, as more unfortunate then faulty: And perr 
 haps in equity he ought to confider, that the originall 
 fault of all might poflibly be on his part ; Godfome- 
 times puaifliing the people for the Prince, and fome- 
 times the Prince for the people. But of this more (hall 
 be laid in the following Treatjfe of New- Allegiance, 
 and of oppofite Oaths. 
 
 Ch ap. II. 
 
 Whether we may lawfully ferve an un- 
 juft Party in ourPerfbns or no ? 
 
 THe anfwer to this queftion is very prefent, and 
 Negative : For here aclion is required to an end 
 which our confeiences allow not. Our eftates are fe- 
 parate from us, and therefore may be had without us, 
 or without our wils .• Butourperfonsareourfelves, 
 and therefore cannot be had nor ad without us, and 
 therefore a man hath not the fame liberty iii the one as 
 in the other. 
 
 But yet there are two cafes wherein a man may 
 lawfully ferve an un jufl: party in his perfon. 
 
 Firft, when it is in order to a jufl: and neceffary 
 a&ion, which coacernes not the oppofing of the jult 
 party at all,but only our owne neceffary prefervation : 
 in which cafe we Confider* the un jufl: Governour ab- 
 ftra&ively,not as a Governour,but as a man. Suppofe 
 the cafe were fuch, that if the lawfuil Governour him- 
 felfe were with us, he would probably command us 
 the fame thing : and though perhaps he would not 
 
 com- 
 
(40 
 
 command it,yet we might lawfully put our felves into 
 that a&ion againft his will;as if the Turke,or any other 
 common enemy ftiould invade thofe Provinces,which 
 the unjuft Party hath divefted the juft of: Tor fuch an 
 enemy would deprive one as well as the other; 
 Wherefore betwixt two unjuft Parties, it's better to 
 folio w him who is in poffeflion, efpecially if his Go- 
 vernment be probably better for the fociety and Re- 
 ligion of mankinde : and as for the j uft Governour^he 
 mud confider that fuch actions are not fo much contra 
 &j>r<tterfmm Volant at cm. 
 
 The fecond cafe relates in fome manner to the ©p- 
 pofingof our Lawfull Magistrate, but not by a direft 
 intention. For example, when wee fee much cruelty 
 exercifed upon the continuance of a warre, and pro- 
 bable ruine of thofe Places where the Armies feeke 
 one another,- then if the faid Armies fall into our quar- 
 ters, and we be fummon'd to afiift the unlawfull Party, 
 we may then arme our felves, not for him, but for our 
 felves.not in any regard of the caufeof the warre, but 
 of its effects, which are Deftruttton of life \or of 'lively 
 hood. In this cafe Nature helps us to put on our armes, 
 and (hews us the way to the place where we may re- 
 deeme our lives^nd find a remedy > though it be in our 
 very difeafe. 
 
 Ob. But is nor, this to doe evill to advance our own 
 good, to cut the throats of thofe whole innocency our 
 owne confciences abfolves ? Can our f eares warrant 
 us to take away other mens rights ? Cato habet yotius 
 qua exeat. Sen. How then can any of this be law- 
 full? 
 
 A«f. Here I confeffe lyes the knot of the fcrupie ,• 
 but yet by the third Treatife of the Lawfnlntfe of fome 
 Warr^-Chaf.2% It is clearly cvinc'd,//^ Innocents may 
 
 be 
 
be inn$eently kjl'd, and this obj eftion goes no farther, 
 nay not fo farre as that which is there cleared : For 
 children and babes could never threaten ns with th« 
 fad effects of warre, yet we fee how they may be in- 
 nocently defttoyedbythecourfe of warre. For Na- 
 ture commends me to my felfe for my owne prote- 
 &ion,aad prefervation,and that,not as if I had not that 
 right of defending my felfe, unleffe they were firft 
 faulty who threaten me the danger. For though they 
 fight bona fide on their fide, and ignorantly take me to 
 be another kind of perfoii then I really amfjuft as men. 
 paflionately idilt racked and in dreames ufe to doz) yet 
 I am not for this reafon necetfarily oblig'd to defert 
 my felfe, nor to fuffer all which they prepare probably 
 to inflict upon me, no more then I am when another 
 mans irrational! bead or dog fals upon me. Governors 
 ef men are like keepers of beafis ; Every man as he is 
 an Animal, participating halfe with the brute. Alte- 
 ram nobis cum Diis, alteram cum befiiu commune eft y 
 faith Salufi. When an irregular palfion breaks out in 
 a date, an irrationall bead hath broke out of his grate 
 or cave, and puts the Keeper to a great deale of trou- 
 ble, and thofe whom he meets with in the way in a 
 great deale of danger. If he invade any one he may 
 be kil'd whether the Keeper pleafe or no, although 
 whilft he kept his cave quietly he might not be ftirr'd 
 without his permiflion. It is a knowne cafe, that if a 
 man unjuftly affault another,and be fiaine in the aft by 
 the other,this other (hall not futfer for it. 
 
 But in this cafe we mud be certaine of two things t 
 Firft,that we have try'd all other meanes of laving our 
 feives and our livelihood : Secondly,that we enter not 
 the Army with an offcnlive minie, bat cum modera- 
 min: incubate tuttU : not with a direct defigne to 
 
 kill, 
 
(43) 
 
 kill, bat rather to fright, weakcn,and to drive away ttfc 
 cnsell enemy: Before we may ftrike,we muft fee our 
 danger imminent, and in ipfo pene puncfo;then it is that 
 we may occuparef acinus, prevent our owne deaths by 
 the Invadors deaths : For when lives are to be loft, 
 then the pofleflion which we have of our owne, is to 
 be preferr'd by as before our enemies lives. 
 
 The rule of defence is very dirficult,becaufe on eve- 
 ry hand it is full of Circumftance : Yet a point in Mo- 
 ratt actions (even as in Mechanic all, not in Euclidian 
 Geometry) is not without fome breadth. Hence the 
 Law faith, Potentia froxima aUui % pro ipfo acku habe- 
 tur. Thereafon wherefore the Law ( which juftly is 
 fo favourable to life) takes that for killing which im- 
 mediately goes before the blow,is > Becaule if it (kould 
 not be favourable to us before the blow or ad, it 
 would not be favourable to us at all ; A mans life is 
 that which can be lofl: but once, and after that,nothing 
 can make it good to us againe, wherefore we are ob- 
 lig'd to a perpetuall guard of it : if not for our owne 
 fakes,yet at leaft for theirs whole life it may be as well 
 as ours. 
 
 Ch a p. III. 
 
 Whether we may lawfully take new 
 Oaths for the intereft of the unjuft 
 Party, efpecially after former Oaths 
 of Allegiance to an other Party ? 
 
 §.i. vrh& 
 
C44) 
 Si. What an Oath is. 
 
 2. The matter of the Oaths here mentioned is the 
 fame with that of a Promt fe. Of Affertory and 
 Promifory Oaths. <^A 11 Contracts andOathes^ 
 though in abfolute termes^havefome tacit c condi- 
 tions adhering tothem^and fo are mutable .Whe- 
 ther aS Oaths be now unlaw full ? Two cafes con- 
 cerning the qualities of the per fons giving oaths. 
 
 3. The cafes wherein the matter of a Promifeand 
 tf our forts of Oaths dae agree. 
 
 4. In matters of Virtue and Piety. 
 
 5. In Popbilities. 
 
 6. In transferring a right on him who will receive 
 it : Whence di^en fat ions arife. 
 
 y t In things whereof we have infallible certainty . 
 8« Concerning a mans (wearing that fuch or Juch 
 
 opinions are true. 
 p. Of Oaths made to Pyrats and Tyrants. 
 
 IN the firft queftion the invading party demands our 
 goods, in the fecond our bodies, and in this our very 
 foules, fo farre as a man can make an other fare of 
 them. » 
 
 But as they are precioufer then the other two put 
 together, fo we ought to be more advifed in the laying 
 or them out : Furor eft poft omnia ferdsre naulum^ 
 and to erre in this is to erre in all And feeing we here 
 contract with God hirntelfe (who is alwayes the Ju» 
 fteft Party) and doe folemnly invoke his juftice and 
 vengeance upon the breakers of fo high a ContraS, 
 we ought therefore to invoke his Grace more ear- 
 nestly, 
 
(4j; 
 
 ncftly, that by the dire&ion of his holy Spirit, we may 
 not precipitate our felves, either through feare, faith- 
 kfneflfe, or avarice, into the forfeit of iuch a religious 
 Ad : left whiles we runne to fave our momentary 
 goods,our iuimortall foules fall from us into Hell-fire : 
 but rather that wee elteeme it no loffe with Elias 
 to drop a Mantle in the way to Heaven, or for a 
 (cratch to get a Cro wne .• 
 
 —•AttL ideo intrefidi qu&cunq^ altaria tangunt,l\xv. 
 Though in this particular cafe our condition be ren- 
 dred molt miferable by the extravagancies of ambiti- 
 ous aipirers to Government, yet we fee nothing new 
 pra&is'd in it : Tor all this naturally forts with the de- 
 praved condition of mankinde. And though we can 
 findc little to juftifie the Ufurpers actions, yet we may 
 finde realon enough, why after his engagement he 
 fhould advife of aii meanes for f ecuring himfelfe both 
 at home and abroad in the field : of which meanes 
 this of obliging by Oath is a principal! one. Through 
 this jealoufie the Roman La wes permitted not a man 
 to be a Citizen of Rttne, and of another Provincial! 
 City together ; for in time of warre and divifion fuch 
 a perfon would be open to fecret attempts and pra- 
 &ices. The Cbimifts fay thofe mettals fooneft dif- 
 folve, in which the elements are moft unequally fixt ; 
 Et inter fjmboU fact lis eft tr an fit us i fo.iurely muft 
 thofe men be moil volatile, who have notfome thing 
 faftened on them to render their indifferencies more 
 determinate. The extremity of this prefent cafe, as of 
 the reft is, That as a man may fucceffively be under 
 oppofite parties,and (o for oppofite ends be taxt in his 
 goods, and fummon'd to ferve in perfon, even fo he 
 may be commanded to fweare oppolitely to what he 
 fwore before.But before I fpeake to this difficulty , and . 
 
 the 
 
(40 
 the cafes depending on it j I (hall fet downe what I 
 conceive of the nature of an Oath in general!* 
 
 § i . An Oath is a religious atteftation of God with 
 an imprecation of his wrath when we affert or pro- 
 file that which is lawfull and in our power; Some ad 
 this to the reft, That it maft be of that which cannot 
 be cleared otherwife, £*W.22.i©. a CV.1.2 3 . 
 
 § 2. That which diftingui(heth it ia futures froaa 
 aPromife, is theattejtationof God and the impreca- 
 tion which we make on our fouls if we be not faith-* 
 fa\\ 3 Heh.6.i6. God is here in the Contrad oncly ut 
 tefiis 5 beeaufe he is the only univerfall true witneffe, 
 who by right of government, hath alio a right of pu-* 
 Bifhing alwayes, and every where. 
 
 In a vow there cannot be lefl'e then two, and they 
 are enough, beeaufe God is both fufficient witneffe 
 and party. In other diftratts or contrasts we think it 
 beft to have at lead three, the party contradttng, hee 
 with whom it is contra&ed, and a witneffe j and all 
 under a legal! penalty. In the contrafrs which wee 
 make by oath one with another, God (lands as the 
 witneffe, and is to require the forfeit by our owne 
 confents. 
 
 All Oaths are beft divided In AJfertoria & Pro- 
 of Afscrcory mijforia 5 tor in order to the time prefent, 
 ana promtf s o- p^ } or fame, wee religioufly affent or 
 promiie fomething to be or not to bee ; 
 to have been, or not to have beene 5 that it (hall bee, 
 or (hall not bee. The Affertingoathis of fomething 
 paft, ©r prefent ; the Promifing is of fomething to be 
 done or omitted in the future. Truth ought to be in 
 both, but with this difference, that in the former it is 
 but Jing/e, beeaufe it relates onely to the time prefent, 
 and to the Adt of fwearing : In the latter it is double; 
 
 Firft, 
 
(47) 
 
 Firft, in regard rf the time prefent, or the acT: of 
 fwearing , viz,. That then the fwearers minde and 
 words go eongruoufiy together, with a true intention 
 to obferve what he then promifes : And becaule up- 
 on the very a& of (wearing hee hath either fworne 
 trueorfaKe in order to his intentions, therefore in 
 that part there lies an immediate obligation on him : 
 The latter truth relates to the fffeU find the time te 
 come, that is, That the fwearerwill have his attions 
 go along -with hi* words, and that hee will make them 
 good. But becaule the matter of this oath ( which is 
 a thing to bee fttlffll'd in the future,) is naturally ( and 
 whether the f wearer faill or ne^ obnoxious to change 
 and uncertainty, therefore the obligation which tou- 
 cheth this matter , and which the A u p&ivc m- 
 fwearer bound himfelfe afterward to " aas °J j" utur «* 
 fulfillj u mutable and fef arable from his w y mtt%a 
 oath. It was in his owne power to make the firft 
 truth good, which was 3 that his minde (hould be bona 
 fide like his words ; but unlefie he were a controaier 
 of natare, he may faile of making good the fecond, 
 which was, that his deeds fhould be like his words. 
 Hee is forlworne who intends not what hee by oath 
 promifes, but he is not alwayes io who effects not 
 what he fo promifes. The right apprehending of this 
 Diftin&ion will much facilitate the difficulties of the 
 folio wing cafes. 
 
 Becaufe an oath is a tie to the greatcft of Con- 
 tracts, therefore there are three things efpecially pras- 
 requifitetoit. i. Judgement, left we be irreparably 
 ininar'd, as Jo fat and the Ifraelites were in fwearing 
 with the Gtbeenits* 2. Truth, left God be invoked 
 to a lie. 3. Equity, left we make God a countenan- 
 cer of wickednefle, and of things unlawful! 5 as Saul 
 
 would 
 
C4«) 
 
 would have done in his fentence given againft Jona- 
 than y when with the tip of his rod he had taftcd hon- 
 ny$ And David when we fworehaftilytolay Na* 
 hals houfe wafte. Or thefe three conditions every 
 man is obiig'd to the two latter, before he [wearer 
 w ... ,. them , but not fo folemnly as after- 
 
 Wc areobljgdto , c ~ i • « - 
 
 the mattei ei fomc wards; The nrll may be in things pro- 
 ajjj W o! pa »y J n Gur ° wne right of difpofing as 
 thcrs eoe tin wc we pleafe, before we fweare, but that 
 *weare. obligation comming, we have after- 
 
 wards no liberty in them at alhln this, there u no Ali- 
 gation till we fweare, and when we have done fo, then 
 we are bound at all hazards to our felves,to make the 
 Oath good, but not alwayes the other, when we 
 fweare contrary to our antecedent obligation to the 
 matter of the Oath.j^ya frjor obligatioprajudicat ps- 
 fteriori, and obliges only to repentance for our ra&- 
 neffe or ignorance. 
 
 Obj, But againft all Oaths in generall it may be ob- 
 
 Levh 19.12. jeded, Matj.il&c. In Mofes his Law 
 
 it was fufficient that they were not fori worne 5 but 
 
 Chrift faith, we may not fweare at all j 
 
 Some Oiths law- - - • n t_ 
 
 foil under the that our communication muft be yea 
 Gofpcii. yea a and no no -, Two Affirmations j and 
 
 two Negations ought now to f atisfie as well as an Af- 
 firmative or a Negative Oath. 
 
 Anf But we aniwer, that Mofes permitted vo- 
 luntary or unneceffary Oaths, and thefe only were by 
 Chrift abfolutely forbid ; For if other wife, then we 
 fhould not have had fo many of Saint Pauls Oaths 
 recorded by the Holy-Gheft ; as Rom, 1.9. &p.2. 
 2Or.L25.6c 11.31. In ail which places Saint Paul 
 uled molt religious affeverations and attestations of 
 God for amplifying his glory : and therefore when it 
 
 may 
 
may reach that end, we may dill fweare as warran* 
 tably as he did. 
 
 The difficulties of all affertory Oaths are Thecafcs of 
 not very implicate, becaufe their whole afsenory ° 
 truths are immediately fulfil'd in the ad of .°!. chc , s noc 
 
 r • t n /■ , ' / c , A , . . difficult. 
 
 lwearing,/#/? 4 //.4.m.i&.$ 6. C on & ttl@n€S 
 qua Ad fr&ftns vel fr Merit urn temfxs referuntur, aut 
 ftatim informant; $bligationem^ am omnino nondiffe- 
 rnnt, indeq^ obligationonefi infendenti : Qua. enimyer 
 rerum naturam [tint certain morantur obligationem, 
 licet apud nos tncertajtnt* For example,If Tttitts hath 
 been in Spaine, or if Semf renins be now alive, I will 
 give you ioo li. This is immediately fulfil'd, becaufe 
 it is concerning the time pad and prefent, which are 
 both really fulfil'd. 
 
 The acts of Governours relate mod to the edablifh- 
 ment of the time prefent and future : wherefore the 
 nature of Promiffory Oaths will here ^ 
 molt concerne us, In clearing whereof it oachs,& of a ?«»- 
 is mod neceS'ary to confider, that the mlfc thc rame - 
 matter and conditions of a Proinife are the fame with 
 thofe of this fort of Oath. 
 jj*Thdr matter and conditions therfore are of 3 forts : 
 
 Tird Necejfary ; When the - effect hath an infallible 
 caufe;as Ipromife Titim ioo, if the Sunne rife to 
 morrow. 
 
 Secondly Imfdffible, cither in Nature^ as I promife 
 Titius 100, if he touch the skie with his finger ; or 
 imfoffihle in equity ; as I promife Titim 100, if he 
 murther Semfrenius: This being repugnant to honedy 
 and piety, obliges not no more then the other, and thc 
 third prac-rcquifite to all Oathes, excepts againd it. 
 
 Thirdly, Poffible, in things which may happen or 
 not happen, becaufe depending fimply on our gwrc 
 E 01 
 
( 5° ) 
 
 or others wils, ©r mtxtly ©f both, ©r elfe of chance or 
 fortune, which cannot be determine by our ml§ 9 Nam 
 emnis flatus humanus ex mfidiis fortune depended & 
 inperpetuo motu cenfislit >Li. §.fedqu?a»C.devet.jur* 
 enucL This third branch is that which affords moft 
 matter for perplexing of Oaths and Promifes,becaufe 
 it relates not to one uniforme principle, nor to fuch 
 things as depend on our felves. Wherefore it is to be 
 carefully obferv'd, That as there are no contracts, and 
 confequently no Oaths (o cenditionall in their begin- 
 , X7L c . nings, but they are fuppos'd to end po- 
 
 Whypofmve pro- r • * \-r i i i 
 
 mi^oryOaihsmu- ntive ana abioiute ones ; even fo there 
 table » are none io pofitive and abioiute in 
 
 their beginnings but are fuppos'd to have fogae tacite 
 conditions adhering to them. Jnpura obligatione dies 
 tacit us five Legalis fubinte&igitur. I* inter dum'j^ 
 /. c&ntinms 137. § cum it a* Le urn qui calen. 4 §. qm- 
 tiemjf.de ver.obli : All our engagements and actions 
 lye open to the controulement and exceptions which 
 may be made by Law, equity jhe right of a thtrk pet" 
 fox, the permiffion of God, and the like. For example, 
 King Solomon forgave Adomjah his ufurping the 
 Crowne from him, on condition that wickedneffe 
 iK&g* '***' A* 00 ^ not ke afterwards found in him : 
 after this Bathjheba came to petition Solomon in his 
 behalfe, and he pofitivelj promis'd her that he would 
 i %k% t 2 , not fay ber nay : (he upon th1$,demands Ado- 
 20,21,22. n ij a f m ight marry utbifhag, one of K.Vavids 
 concabines: Solomon inftead of making good his abfo- 
 lutepromife, fwore A donijah Cnonld dyt. Although 
 there was an evident contradiction betwixt the termes 
 o£ Selcmens Jtromite and his Oath,yet he broke not his 
 Promife ; becaufe in his pefttve grant there was in- 
 cluded a tacite €ondition > which onght to be as valuable 
 
 a$ 
 
(50 
 
 as any thing e xpr eft jbiz,. that Adoxijah /hould attempt 
 nothing unlawful! according to his former pardon : 
 But it was trcafon for any man to attempt the Concu- 
 bines of the deceafed King, befides the fucceflbur, for 
 feare of occafioning dividers, 2 Sam.iz.B. 16. 21. 
 David fwore, and with an obligation of a 
 curfeon himfelfe, That he would deftroy ' *" 5Si 
 Nabals houfe, which Osth as he kept it not, fo he did 
 not breake it, becauie it had never any ty e on him, for 
 equity made juft exception againft it. The fame is to 
 be faid of thofe who vow or iweare fomething but are 
 not any wayes in their owne powerSjandconfequent- 
 ly pofTeffe nothing for themf elves, as the wife or the 
 daughter, whofe Oaths ate juftly rcclaim'd by husband 
 or father, Ate. 30.4, &c. But above all it is obfer- 
 vable, that God himfelfe doth oft contrary to what he 
 abfolutely declares, yet without infringing either his 
 conftancy or his verity ; becaufe in all peremptory 
 comminations there is yet a fuppofition of his grace 
 and favour. Hence Abrahams f'ervant, (y^.24. 27. 
 faid,God had not left his Matter defiitute of his mercy 
 and truth, which ufually in God goe together. 
 
 Obj. But out of the words of Balaam its N 
 objected, that God is not as man, that he 
 fhould lye, nor as the fonire of man, that he fbculd 
 change or repent. Therefore hath the Lord faid it,and 
 foall he not doc ft ? Hath he ipoke it, and (hall he not 
 make it good ? 
 
 Anf. I anfwer, that God is not as man, that he 
 fnould lightly change, no nor change at. ail, if it cer- 
 tainly appeare that his decree be abfolute 5 but that 
 doth not alwayes (o, if we will judge by his words. 
 God declared to Adam, that the day he fhould eat of 
 the forbidden fruit he ftiould furely dye, and yet after 
 
 E 2 he 
 
f50 
 
 he had eaten of it, God permitted him to live almofl: 
 tooo years. But here fome reply s That by the words, 
 The tt (halt fare ly dye that d*y> God. under flood that 
 Adam that day fhould begin to be mortall, but not 
 afiually dye. To which I anfwer,that this is or no ne- 
 
 ceflary confequence:Tor God threarned Abi- 
 
 i0> 3 * melech and E&echiah in the fame manner* 
 
 but no wayes in that fence, as being pet fans as much 
 
 naturally mortall before Gods threat as they were af- 
 
 ter wards. To Hezekjah God fa:d, that he 
 a ' 1 M fhould dye of his prefent ficknefk, yet God 
 afterwards affured him that he would adde yet fifteen 
 yeares to his life, becaufe he had feenhis teares, and 
 heard his prayer, which it feems by the e& ed was the 
 tacite condition prevailing withGod,to alter his pofi- 
 tive refolution and threat. The like alfo is obfervable 
 imA 10 m Gods decree againfti\T/>wc£, which was 
 aj 3 ' 10 ' not deflroyed after forty dayes ; For God re- 
 pented of what he had faid,becaufe they repented. 
 
 They who wrought in the Vineyard but one houre, 
 received as much as they who wrought all day ; for in 
 that unequal! diftribution, the Lord did no wrong to 
 any other in giving what he would only out or his 
 owne:Inlike manner, God in remitting a forfeit or a 
 punifhment due to himfelfe from another, doth not an 
 ad of inj uftice, becaufe he ftill difpofes of his owne. 
 Punifnment is not a debt from the pasty injured to the 
 party injuring, but quite contrary from the injuring to 
 the injured as a fatisf adion, in which fence the offen- 
 der when he is punifhed, is rightly faid, Dare f&nas 
 falicet injuriam fajfo. If this were otherwife, then 
 there were no place at all for Clemency in Janice : 
 Clement ia emm non c o git tir y & fine cejf aria ylane eft t clc- 
 menu* ejfe definit: And if there were no clemency af- 
 
 ter 
 
<53) 
 
 ter we have forfeited our felves, then confequently 
 were there no place for Prayer in Kelp- _ 
 
 J *v /• l 1- • v 1 J • 1_ EXOJ2.IO.I4. 
 
 en 1 and^^/hadinvainkrugled with 
 God, that he would not eonfuoie the Ifraelites after 
 he had declared fo to doe. Mercy therefore is not op- 
 polite to juftice but a part of it, 1 John 1.9. God is 
 ikichf till and JuU to forgive,/^/. 71. 1,2. In rhee,0 
 Lord, have I put my truft, deliver me in thy righteoui- 
 neffe. Ail which appeares mofl clearly, Jer. 1 8. 7, 8, 
 9,10. £*»<??. 3 3. 13, 14. Thus Princes by theirprero- 
 gatives pardon criminals, and like God here preferve 
 tnofe whom they might juftly deftroy. 
 
 3. Oat of all this therefore it follows, That as 
 promifes may be abfolute or upon fuppofition (in 
 which the obligation is founded on a condition) io 
 may oathes be. 
 
 4. Asa promife is not alwayes of thofe things to 
 w ch we were oblig'd before the promife,but of thcie 
 things onely which may be done without (inne, viz,. 
 of things lawfull and in our right of diipofing, or of 
 things which hinder not our enervate in piety and 
 goodnelfe (to which we are in a higher obligation 
 bound to God both body and ionic} even fo oaths 
 may be.of ailthele, other wife ftetus effetfides^ as He- 
 rods was, tokillj^tf Baftifi, 
 
 5. As we cannot effe<5-,fo we cannot pofitively pro- 
 mile nor iwear impoflibilities ; Things which though 
 they may be done, yet 12 ot by us ; or things which are 
 in a future uncertainty. 
 
 6. Hee who fulfils not his promife to him, who 
 will not have it fulfiii'd, breaks it not.- fo in the like 
 cafe he breaks not his oath. The ground of this is, 
 becauie we have not a right of making others keep 
 what is their own in property, longer then they will 
 
 E 3 them- 
 
C54) 
 
 themfelves: This is the foundation ©f the difpenfa- 
 tion of oaths .* which the Dolours even of oar U- 
 niverfities (as well as others elfe where ) give every 
 yeareto thofe who receive their degrees. To pay a 
 debt is al waves a duty in thedebtour fo long as the 
 creditour will have it a debt ; but it is not a duty al- 
 wayes in the creditour to received from the debtour: 
 For acceptiiation is equivalent to payment. As in the 
 others breaking a conditionate promife or league, a 
 man is freed from the obligations on his part; fo in 
 the fame cafe a man is freed from his oath. 
 
 7. As a man cannot peremptorily promife a fu- 
 ture uncertainty, (o neither can he aflure himf elfe of 
 that which pad before he was extant in nature ; and' 
 therefore cannot fafely adert or fwearethe evidence, 
 or certainty of that which was before hee had any 
 knowledge or being. Hence though poflibly the Ca- 
 tholique Religion was not long agoe eitabliftit and 
 profeft in EngUnd, yet I cannot f wcare it was fo, 
 without finning, becaut'e I have onely a morall or pro- 
 bable certainty of it (not an infallible one) viz,, the 
 
 ^ Tradition of man. And ( to prevent an obje&i- 
 ^ on) though none of this age law Chrift or any 
 of his Miracles, yet the certainty of them is not 
 to be doubted of, as of the other ; becaufe even at 
 this day we have Gods infallible fpirit, which ft ill 
 gives teftimony both of him and of his miracles, ac- 
 cording as they are fet downe in his word. 
 
 8. This cafe fhewes us the dangeroufneffe of thofe 
 affertory oaths, which require us to f wear that fuch or 
 fuch a thing or opinion is true, which may feem clear- 
 ly io to the learned contrivers of thofe oaths,fcut not to 
 others. The thought of the mind is only refer ved to 
 God, who only can be fure of it : It is that which etoth 
 
 another 
 
(55) 
 another man neither good nor harm,unleffe it be com- 
 municated* w ch indeed may be forbid by oath, becaufe 
 in the communication of it there is externail action. 
 •Twere happy we had as infallible means for our opini- 
 ons in all divine and civill matters, as we have in our 
 own matters of fadhbut if we think not aright in thole 
 matters, it is no fault in us ; it is a defect of our un- 
 derftandings, which wee cannot poffibly help* not an 
 ad: of our wills. 
 
 9. In an oath made to a Pirate or a Tyrant wee 
 contract with God himfelfe like wile. And ii it bee 
 concerning things in our power and lawfull (that is 
 in things which no man hath (o much right to dilpofe 
 of, as our felves) then we are bound to make the oath 
 good, by realon of our obligation to God. Neither 
 is it difficult for us to comprehend, how there may be 
 an obligation in us to give that to another, which hee 
 may have no drift right to demand, as in deb no gra- 
 tia, in doing one good office for another. And if this 
 were otherwife, then the moft folemn and religioufefi: 
 thing in the world, would have nofenfe nor effect. 
 Namutnontenearis, nifi ipfs nolis ? non eft de n&iurk 
 Jxramentu 
 
 Out of this we may examine and conclude two 
 things concerning the perfons who give the oathes. 
 
 Que ft* l. Whether they hee our Uw full Super tours 
 erno} foribme fiiink no oath can be lawfully taken, 
 but from a lawfull power. To this I anfwer, 
 
 dnf. That Saint Panlm the forementioned chap- 
 ters fwore, not conftrain'd by anylegali formal! pow- 
 er, juft or unjuft, but mov'dby the juftnefle of the 
 matter which he afferted. If there be a peccancy in 
 the matter contrary to the right of a third perlon, 
 the Magiftrates title and fupremacy cannot warrant 
 
 E4 i 
 
(SO 
 
 it $ , and if there be no peccancy in the matter, but on- 
 ly in the title of the Magiftrate, then neceflity whick 
 is the Cafar of Cafars, and which admits an appeal 
 above them fas hath been largely proved in the firft 
 part) is our magiftrate, and warrants ©ur oathes as 
 well as fuch promifes. 
 
 Que ft. 2. What if the powers above us fwear us to 
 fuch things as may be good, but which afterwards we 
 eannot adlually accornpllfa ? 
 > Anf. If the deficiencie proceed from a decay of 
 thofe powers, and that we contributed nothing to it, 
 then wee are free : nam qui non eft cAufa cauf&jton eft 
 caufacaufati. Secondly, If the good things fworne 
 be of Religion and the promoting of piety, and that 
 by the meanes of the power which fwore us, then if 
 that authority faile, wee are freed from lb much as 
 concerns our effe&ing of it that way, and wee are 
 left onely to that obligation which tied us fufficiently 
 to advance piety and Gods worfhip, before wee fwore. 
 In this cafe we owe nothing to the Magiftrate for the 
 matter of the oath, but to God who hath here Jus 
 %ertia perfon& ut fart is & teftis* For we are original- 
 ly bound in all things to ferve him with all our hearts 
 and foules to our lives end. In modo yromovtndifie- 
 tatem t we are more intenfively oblig'd by oath to co. 
 operate with the magiftt ate, and if hee on his part 
 faile wilfully or negligently, athiscwne perillbeit, 
 for we are thereby difpenc't from the tie of the oath 
 that condition failing. 
 
 CH A P 
 
(57) 
 
 Chap. IV. 
 
 In whofe fenfe is an oath to be taken 
 and kept, either in the givers or ta- 
 kers fenfe? 
 
 IAnfwer that is to be taken and made good in the 
 Adminiftrers fenfe ( whofe oath I fuppofe it to be^ 
 or as the fwearer conceives it underftood commonly 
 by others/ For it is a Promife or contract of transfer- 
 ring fomething to another, viz,, to the firft propoun- 
 der ; and therefore in it we do but follow his will or 
 minde as the principle, to which the words relate. 
 Sappofe I voluntarily promife a man fomething abfo- 
 lutely or without delay, and he conceives but upon 
 condition, I am not withftanding obliged to give it 
 him immediately ; Becaufe all the Obligation which 
 is, comes from my mind, of which the declared fenfe 
 was, to give without delay •. So if I promife 20. and 
 he conceives but 10. I am by my owne will, and the 
 faith of a man,obliged to 20. which was the principal! 
 and declared fenfe. 
 
 In like manners if I know the Propoundersmind and 
 and meaning in his Oath, and fweare in thofe words 
 W T hich properly fignifie his mind, I ftand bound to his 
 fenfe; becaufe my fenfe tells me, that fuch orfuch 
 was his fenfe. It is a mans thought within,more then 
 his words without, which are to be considered : 
 
 Dcos qui rogat illefacit. Mart. 
 
 Becaufe intcrnall Afts (fuch as are the thought and 
 
 will 
 
(S8> 
 
 will of the mindjare not vifible by the eye ; Yet Tome- 
 thing is certainly to be determined, that fo the religi- 
 eufeft and ftri&eft Obligation in the world might not 
 be without its effe&. 
 
 The meafure of interpreting, is the Collection of a 
 mans mind by probable (ignes; which fignes are either 
 words,or other probable con jectures.In cafe there be 
 no figne which might (hew us the contrary, then 
 words are to be taken in a plaine common feafe,& not 
 too much Grammatically : And therfore the Romans 
 fas others likewile have obferved)dealt treacheroufly 
 with AntiochHs, to whom when they were to give 
 halfe fuch a number of Ships, they divided each Ship 
 in two ; In which, tho pars dimidia mvium were true 
 Grammar Latine in that divided fenfe 5 yet all the 
 world could not underftand it, bat or whole Ships. 
 
 Thus when we fpeake of Law, we ufe the termes 
 of Mens Legis, though indeed it have nothing but 
 Words - And wee fay, Summum )m may btfumma 
 injur**, which is impoflible according to its words. 
 All this Siews, that it is the meaning of the Princi- 
 palis mind, and not bare words which fpecifie the 
 things in queftion. And feeing all Oaths are compo- 
 sed of words, and that we have found what mufr be 
 the fence of them ; I (hall examine what Obligation 
 thjey have in the Societies of men. 
 
 Chap. 
 
(5*) 
 ChaP. V. 
 
 Of the Obligation of. Words: 
 
 HEaven and Earth (hall patfe away (ooner then 
 Gods Wordj the reaCon is, becauie It made both 
 Heaven & Earth, and the caufe is always nobler than 
 its efTe&s. All change argues imperfection, and ther- 
 fore Gods Language is alwaies t&e lame : But man is 
 imperfect both in his underftanding and will, and fo 
 coniequently in the fignes of both : His habit, man- 
 ners, Lawes and Words derive his Pedegree from 
 Babetfand confufion. However, though all Countries 
 vaftly differ in the exprerfions or (ignes (which are 
 the ugnificatians ) of their minds, yet they ail agree 
 in the fame fence of the fame thing : Two and two 
 in all Ceuntries make foure, though two and two 
 fignifie foure but in one Country. Wherefere every 
 Country is obliged to communicate in its own words, 
 according as they are popularly, not privately under- 
 ftood by them. 
 
 Queft. Mm how are they obliged to that ? 
 Arfw. I anfwer by Contract, even as they are to 
 their particular Lawes. For that power which makes 
 a Law, makes' a Word, and that which abrogates a 
 Law, takes away a Word : Cuftome makes a Law, 
 and Cuttome makes a Word .• Yea, Laws themfelves 
 are the vaineft ehings in the world for Government, 
 if we have, not an Obligation one upon another, 
 whereby we areafiured of the publique fence of the 
 words, which every one is to practice thole Lawes 
 in. 
 
 If 
 
(6o) 
 
 If words change, we are t« accompany their 
 change, as we would accompany the Society in 
 which, and by whichthey are changed : But yet we 
 are alwaies to keepe to the fame fence, which is the 
 end of all words : Infomuch that if by old Tenure my 
 Anceftours were obliged to furnifia to the Land-Lord 
 fo many Oxen yearly, and that by change of time the 
 word Oxe fhould now fignifie perhaps a Fly, yet I am 
 obliged to ps^jn that which was meant by a Fly at 
 fuch a time,which was then an Oxe : I put this plaine 
 cafejbecauie in other Tongues there hath defatlo been 
 ss ftrange, yea ftranger changes of words, witneffe 
 Lufa & lupxnar,8cc e 
 
 It were needlefie to fpeake further concerning the 
 Legi/lative power of making Werds, the reafon of it is 
 focieare,and every where in pra&ice: I fhall only ob- 
 ferve that the Romans, even out of Italy obliged the 
 Countries where they had their Legions, to foliicite 
 their affaires, and communicate with them i» the 
 Latine Tongue which gave them their Lawes : For it 
 feemedfome kind of fubjettiox for the Governing party 
 to apply it felfe to thofe whom it Commanded. Hence 
 French, Sfamjh, and Englifh alfo, retaine a mixture of 
 Latine words to this very day. Thus the Pope pre- 
 tending now to the Supreame Power and Jurisdicti- 
 on in Religion, fets thofe of his Jurisdiction fin ieve- 
 rall Countnesjthe Language of their Religion : And 
 were it not, but that I confider Horace lived when all 
 this was pracTifed, I fhould much more have admired 
 his profound determination of this Queftion in his 
 jirs Poetica, 
 
 Quern penes Arbitriumefi, &]m& norma loquendi. 
 
 The confequence of ail this fhewes us what an un- 
 naturalland uniawfull thing it is for a man to falfifie 
 
 his 
 
feis words, to tell a lye, to ufe mentall refervations, ex 
 fifbticentia $ QV equivocations/* jimfhtbohgia^^xch 
 makes martyrdome folly , and leagues and contracts of 
 no aflurance. This therefore was originally the aft of 
 the firft Law-breaker, who therefore is called the fa- 
 ther of lyes,as God xscalled/*«z that Iamfhc Father 
 of Trutb,in all his words. 
 
 Levit. 19, 1 1 . Te (hall not deaJefalflj, neither lye one 
 to Another ; for (Eph.^ 2$»)Te are members one of an- 
 other. GaL 2.1 i,i 2,1 3. Peter is feverely reprehended 
 by Paul fa diffembling, out of a feare of thofe of the 
 Circumcifion. Here he who was at all perils to pro- 
 feffe truth, profeft lying, for he intended to deceive. 
 
 Ob. It is objected, That he who equivocates tells 
 an untruth, not to deceive another, but to preferve 
 himfclfe. 
 
 Anf. I anfwer,That he who thinks * 0fE Bi . 
 btherwife then he ipeakes., deceiyes,and 
 intends to deceive. For he tells his thought to another, 
 different from what his owne heart tells it him, that 
 fo he might beget that opinion in the mind of ano- 
 ther, which is to deceive, and to elude : To fay he 
 doth it only to preferve himfelfe, reaches not the dif- 
 ficulty 5 for though that be his primary end, yet his 
 Intermediate end, is to do it by deceiving. Let him al- 
 low the fame liberty of plea to one who hath robbed 
 him, and he (hall jprefently heare the Theefe fay, That 
 his end in that Action was only to preferve himfelfe, 
 not to wrong him : Which yet he his Adverfary will 
 not take for a juftification. No evill therefore is to be 
 done, that any good may come of it. Rom.2.$. other- 
 wife the Devil would be co-operative with God, and 
 collaterall,notoppo(ite, to him. Truth and Faljbood 
 are farts of Jufttcc andinjuflice, which have relation 
 
 to 
 
( 6l ) 
 
 to our Neighbour ad extra ; and therefore are not to 
 be eftimated according to that which is feigned, reti- 
 redly within in the mind, but which flowes from the 
 Tongue in kno wne and intelligible words; 
 
 « — —"Pofteffen animi mot us inter f re l e lingua, 
 Tor the mouth of anftoneft man is in his heart,aad 
 the heart of a knave is in his mouth. But it is to be 
 weilobferved* That ne who tels not all the truth tels 
 not a lye 5 which was Abrahams cafe, @en.2Q*2. when 
 he faid no more oft Sara to Ahimelech but that ftie 
 was his Sifter. That of St Paul's pretending to be a 
 Phariiee, ^#.23. 6,7, after his being an Apoftle, is a 
 little more intricate, becaufe in executing an Office, 
 efpecially fuch a one as confilts in an upright witnef- 
 fing a Truth, and fuch a Truth as immediately relates 
 to the Intereft; of Gods glory, and not of our owne, 
 and which etight to be done in feafon ancLoutoffeafon % 
 (as St Paul himfelfe faith J there we ought to be 
 mod: peremptory andunmasktȣ^i*.23. 13. Elijha 
 permitted Naaman to live in an Idolatrous country,on 
 condition that he teft ified his diflike. iKing.y 18,1 9. 
 However St Paul ftruck not in with the Pharifees 
 againft the Sadduces wpon a Contradi&ion, though 
 in that dangerous Riot he would not declare upon 
 what ground he beleeved the Refurre&ion. To paffe 
 a dangerous Wood fafely, it is fometimes lawfnll to 
 put on fuch skins as the Beafts have which haunt 
 thofe Woods ; but not fuch as Afuletus his Theefe 
 put on to deceive and rob men. Nay, thofe -words 
 which are not in themselves true, are not alwaies lies ; 
 For they are direded to a Morall and to a pious end, 
 and therefore by that intention are not contrived to 
 deceive or abule. Of this fort were our Saviours di- 
 vine Parables, the Story of Dives and Lazarus ( for 
 
 fingers 
 
fingers are not in Heaven, ner tongues in Hell,) atnj 
 of the Prodigall Child. Likewife of Jothams Trce$ 
 going to chufe a King, Jttdg. 9. 8. And of the poore 
 mans only Ewe, which the Prophet Nathan *Q\x?,& 
 King David was forcibly killed by a rich man. 
 
 Having therefore thus throughly (as I c®nceive)ex- 
 arnined the nature of Oaths, I fliall fpeake to the par- 
 ticular cafes wherein they are or may bepra&ifed : 
 and in the firft place,I lhall fpeake of the Leagues and 
 Oaths which pafie betwixt Prince and Prince ; that 
 fb we feeing how farre they conceive themfelves mu°* 
 tuaily oblig'd by Oaths, may the eafilier guetTe at the 
 Nature and obligation of our ©wne Oaths to them. 
 
 Ch Ap, VI. 
 
 Concerning thofe Oaths which paflc 
 betwixt Prince and Prince 
 
 SOme difpute, Whether as Kings can abfolve their 
 fubje&s from their oaths to them, 10 whether they 
 can abfolve themfelves from their owne oaths. The 
 grand fubtilty of this is, becaufc the ads of fupreme 
 Princes are not 'contrary to, but above all Law : and 
 they are do«e in places where they are not fubjed to 
 any fupcriour jurisdiction. For if they be ads done at 
 home, then it is cleare they are above their fob/ ects : 
 If abroad by any Proxies, then its clearer that their 
 perfons are lefle fubjecl:. But becaufe God is in the 
 obltgation,and that all perfons and places are alike fub- 
 jecl unto him, as he i$ King of Kings j therefore fuch 
 
 Princes 
 
(H) 
 
 Princes arc ©blig'd as much as others, in foro intern?* 
 (of which jarisdi&ion all Oaths arc) though not in 
 foY9 sxterno. The former defcnptions of the nature 
 of oaths are fufficient for the further proofe of this, 
 and therefore it would be needlefle to enlarge upon 
 it. 
 
 If oaths be made by Princes t© Princes in their 
 Princely capacities, but that thofe Princes are in their 
 Principalities oblig'd to Lawes, then their Lawes be- 
 ing above them(in regard they (land obliged to them) 
 their perfoas are only conditions of their oaths, wher- 
 by it is manif efted, only with whom they contracted, 
 viz,, with the communities whereof they are the firft 
 and fupreameft Officers. 
 
 If Oaths and Leagues be made betwixt Princes 
 Who were above their Lawes, but that the qualities 
 of their perfons be afterwards changed, which quali- 
 ties formerly were as conditions moving to the Oaths 
 and Contracts, then(according to many learned mens 
 opinions,) the whole obligation ceafes betwixt them. 
 This cafe is fpecified above, in the Oaths and Treaties 
 which lately paft betwixt our King,the King of Spain, 
 and the now King of Portugall ; as if our King Hood 
 obliged to the King of Spaine, only for fo much as he 
 fhouldbe able to hold in his Pofleffion. 
 
 Thus much briefly concerning Oaths betwixt 
 Prince and Prince. Now I ftiall fpeake concerning 
 Princes Oaths to the People, efpecially concerning 
 Coronation-oaths : and afterwards I fliall ipeake con- 
 cerning fubje&s Oaths to their Princes. 
 
 Chap* 
 
r*5) 
 
 Chap. VII. 
 
 Concerning Princes Oaths to the Peo- 
 ple, and of Coronation-Oaths. 
 
 S r. Hew Princes thinking to keep thofe 0aths y 
 may breake them. 
 
 2. Of State Oaths. 
 
 3, The Oaths and Statt-aBs of Communities in 
 Arespafl, arethsacls oftheprefent Cemnwni- 
 ties, if there were no intervening fmiame^tall 
 Change. 
 
 4 • How a man may jaftlj t hang e his will. 
 5 . In what fence Communities change net. 
 
 VSually in all places Kings at their Coronations 
 fweare, That they will keep, and iee kept ail the 
 Lawes which they finde at their entrance, and that 
 they will not innovate nor change any thing in them. 
 I. Though this feeme very candid, yet I fay there 
 is nothing which can looner ruine a State, then Prin- 
 ces rigid keeping, or careleflfe breaking fuch Oaths. If 
 they hold to their naked ternies, then there can never 
 be any good reformation:For that ufually requires the 
 taking away or ibme Lawes : And a power of aboli(h-» 
 ingiome old jLawes, is as etfentiall to Government, as 
 the making of new. Thus alio if they care not for 
 keeping their i-awes at all, then they may take away 
 the good Lawes, as well as the bad 5 and Co there is 
 
 F tyranny 
 
(66) 
 
 tyranny in both. What i$ then to be done ? 
 
 §. 2. I conceive that all fuch Oathes as they 
 are of matter of State and Government 3 f© 
 "They are to be interpreted according to the Ta- 
 '* cite Coaditions and foundations of Government, 
 tC of which. The preservation »f the community is the 
 •*chiefeft» And becaufe the dangers of a State can 
 never be allforeieen by any company of men, by rea- 
 fon of the infinite circumstances of humane adions 
 and accidents, therefore the> cannot be allcaution'd 
 in Pofitive Lawes ; Nam optmis rebus fna femper 
 adfcant fericula ant adnafcuntnr, which as Plautus 
 faith., nobis anciHant quafi fcafha* Thofe Lawes for 
 this reafon, are faid to be made cum fenfu human a 
 imbectllttatis, and to laft no longer then they may bee 
 for the good of the community who gave them their 
 being to no other end. So that we may well fay,thofe 
 Magiftrates whs cbftinately bold thus to their oaths, 
 breakjhem. For thinking to f ave the Law in its let- 
 ter and words, they may lofe and ruine their ftatcs 
 and lawes, by not keeping to the originall fenfe of 
 them, further then which they cannot goe: Where- 
 fore each Community hath a liberty of excepting 
 thofe future cafes from the rigour of their laws, which 
 in all probability they who firft made the laws would 
 have excepted,if they could have had certaine know- 
 ledge of them,when they were maCing the laid laws. 
 
 0b). But it may be objeded, That wee have not 
 fuch a liberty in others ads as in ourowne, nor yet 
 have we liberty in all our own. For an ad once paft f 
 is in faith to be kept, Specially if an oath bee faftned 
 toit,&c. 
 
 * ^Anf. §3. To thislanfwer, That it is ill fappo- 
 fed that tne Legiflative ads of former ages are n*t 
 
 ours: 
 
(*7) 
 
 ours: For we are dill the fame fociety or body poli- 
 tique, which dies not, no fundamentall change inter- 
 vening : Though the particular perfons of pafV-ages 
 benoaaore, yet the iociety is the lame 5 juft as the 
 Rhine is the fame river it was at the beginning, 
 though its waters (till runne away, and are every 
 moment buried in the Sea. 
 
 When our actions are for our felves ( and not in 
 making over fome rights to others ) then wee have 
 alwayesa Naturall liberty to dilpofe of our actions for 
 our felves, as we fhall at anytime flnde fitting. The 
 body Politique can be confidered but as one particu- 
 lar perfon, and what it adts is ufually for it (elfe s and 
 fo in that confequence hath a liberty of doing or un- 
 doing what it (hall find e belt correfponding with its 
 particular intereft, 
 
 4. Every particular man hath liberty to change 
 his will in the difpofing of what is his owne, fo long 
 as hee lives : and hath not a body Politique as large a 
 privilege, which is the fountain© of all privileges ? 
 And indeed how is it imaginable that a man hath 
 power to bindcordiackle himlelfe, cr that a Commu- 
 nity can force an obligation upon it fejfe ? feeing it is 
 neither fuperiour nor inferiour to it ftlfe. Surely there 
 is a better way for remedying an inconvenience, then 
 for a man to oblige himfelfe to continue in it. 
 
 5. Neither can a Community be properly laid to 
 change.- Becaufeitftill holds to the fame end, viz.. 
 The prefervation of the whole. 'Tis a true maxim, 
 qn& adfinem ducttnt in materia moralt ctfi.mationem 
 habem a fine 5 take the cafe thus : The geneiall end 
 of a Pilate is to fave, not to call away the Ihip com- 
 mitted to him : his obligation is to bring it lately into 
 fucborfucha port : If the fands change the chanelf, 
 
 F 2 then 
 
 
 
cm 
 
 then he is oblig'd to quit his old courfe, and to change a 
 it according to the change of the lands; but yet all thisf 
 is rv t with the change of the generall end. Thus 
 though he be oblig'd to prelerve the goods for the be- 
 nefit of thofe who committed the ftiip to him, yet ini 
 atsmpeS, t© fave the (hip, hee may not throw ovec' 
 his men. but the faid goods, not withffonding his ob- 
 ligation to lave them. Anrum non valet tcmflumy 
 faith our Saviour, becaufe it ferves it : Wherfore the 
 old Prieft did very prudently, when hee faw his Tem- 
 ple on fire, to throw all his holy water on it ; and 
 when that would not doe, to crie for helpe to this his 
 laft remedy, cum aqnk non pojfum ru/na extingnam* 
 Though in this neceility hee pluckt downe the Tem- 
 ple which hee was bound to prelerve, yet by this 
 meanes he fav'd lome of the ftatues of the Gods, for 
 whom the Temple was built 
 
 Chap. VIII. 
 
 Concerning (iibjcdts Oathes to their 
 Princes; 
 
 i • Wherfore danger em to examine fapreme rights? 
 
 2. Of LMonarch^ Arijlocracy, & Democracy. 
 No fort of Government which cm give alwaies 
 a certaine remedy for an inconvenience of Hate. 
 
 3 . Why fome Countries more incli&d geographi- 
 cal) to one particular fort of government then to 
 
 9 another \ 4 Where- 
 
(*) 
 
 f. Wherefore we Are abusdfo much in diflributive 
 Ittftiee, (Rewards and Pwi foments) as alfo in 
 thepleafures of fenfe, riches and honour^ for iht 
 enjoyments whereof wee fo vainly torment our 
 felves. 
 Of the power of dominion, and the right ofex- 
 ercifing itfptcifcally in this or thofe hands. 
 
 5. Foure cafes wherein fubj eels are freed from 
 
 former ^Allegiance. 
 
 7. How a man may take an oath from an unjufl in- 
 vading party, contrary to thofe oaths which per- 
 haps he took firff from the jitfl party, wb& pofsi- 
 bly brake no conditions with him. 
 
 8. Some Kingdomes for tbs Prince alone and his 
 benefit. 
 
 Of the Harmony of Oathes. 
 I o . Two wajes of taking oppofitt oathes . 
 11. Of theprtfumptive will of the Prince. 
 * 2 « Of the conditions of thofe oaths whereby wee 
 
 arejworne to lofe our lives for our Prince. 
 13. In what fenfe may a manfweare that hee hath 
 
 the right, whom hee knows is in the wrop? ? Of 
 
 fubfertptton in the Church 0/' England. 
 1 4.. Why Penalties better fecmities for Princes 
 
 Rights then Oaths. 
 
 1 . ¥ N government it ought to be moft prudently cau- 
 
 1 tioned, that a Society or State raffle not out into 
 
 a dillolute multitude. For in confufion there is a rage 
 
 which reafon cannot reclame, and which maft be 
 
 F3 vlc« 
 
( 7 o) 
 
 left to calme and fettle, as waves doe after a tempeB* 
 both upon themfelves and of themfelves. 
 
 This confufion arifes moft out of the reflexion 
 which particular men may make on their particular- 
 rights and liberties , which perhaps may lawfully 
 belong to them, but are not alwayes convenient fbif 
 thern to have, no more then knives and daggarsare 
 tor young children or diftra&ed perfons. Libertas 
 enim fingulerum erit fer Vitus omnium* Befides it 
 takes away all future intelligence, and breaks a Chri-'l 
 ftallglaife which can never be peec't againe fo finely 
 as it was, but ever after will (hew broken and angry 
 Faces. 
 
 2. Wee think our fervice here very hard, beingjj 
 on every hand expos'd to perp-etuall combats, and 
 faine wc would meliorate our condition by experi- 
 menting whatfoever Prefents it felre firft to our pref- 
 fures, but in vainc : for like men in Feavours we may 
 change the fides of the bed, but not our temper. The 
 (late of Monarchy is of all the reft moft ex - 
 c v ' cellent, efpecially when it reprefents Gods 
 dominion, more in the Juftice, then in the fingularity 
 of the Governour. But btcaufe there is no Prince 
 who is inabled with prudence and goodnefle any way 
 fo great and foveraigne as is his power, therefore he 
 cannot but commit great errours ; and [landing on the 
 peoples (houlders, he e makes them at lalt complaine 
 of his weight, and of the loffe of their liberty which 
 is ahvayes their dtfired end. Ariftocracy 
 (lands like a modcratour betwixt the excel- 
 fes of Kingly and popular power ; but this mixture 
 oftentimes produces moniters. The bloudiefl com- \ 
 motions that are,happen in this ftate,though eiteem'd 
 moft temperate, ;uft as the greateft ftorms are form'4 
 I in 
 
(70 
 
 ,;n the middle region of the Aire, and in thofc feafons 
 sf the yeare which are leaft foarpe. No one part ot 
 i ftate can be ftrengthned, but by cutting the fine ws ot 
 mother. Sed ffoliatis arm* faprfr* I J uvc. *»d tm- 
 potencyretrefenting at the fame time both mtjery and 
 Lr^akeslife even in difpaire, and if it cannot be 
 beholden to the reliefe of an Enemy, will make the 
 publique ruines of a Kingdome its grave. Tak* *»*7 
 Armes and Liberty, and every man ts without interefi 
 andafetlionforhis Country: Invade his goods, and 
 thefountaiaeof atreafury is immediatly dried, and 
 hee as foon made a beggar ; and after thefe diftrcfles 
 M Machiavell tilth, Hee will not Ument fo much the 
 loffe of his fublique Parent, as of his frigate Patrimo- 
 ny. Democracy reduces all to equality,and DcnioCracy . 
 favours the Liberty of the people in every 
 thing : but withall it obliges every man to hold his 
 neighbours hands, it is very {hort fighted, permits e- 
 very one in the ihip to pretend to the helme, yea m a 
 tempeftj through policy it is oft conftrain'd to intro- 
 duce all thofe deflations which ought to bee feared 
 onelyfrom envy, andatlaft blindfoldediy getstucn 
 falls, that it fcarce hath force enough remaining to 
 raife it felfe on its legs againe. It hath fwing of Liber- 
 ty large enough, butfuch, as is not proper to cure 
 its owne dlfcttvpers, fee ing it is vtry dangerous for* 
 man (whn he may have other choice) to bee both fan- 
 tnt andPhyfitiantohtmftlfe. \ , 
 
 Pinally, If this fupreme power fall into the hands 
 of a heady and of an unconfeam multitude, it is lodg'd 
 in a great animall, which cannst bee better then in 
 ch*mes\ This is the circle which we fo painfully 
 move in without (atisfying our defires : And no won- 
 der (ceing Nature in every fart is [ick^and diftemperd, 
 
 P 4 and 
 
(70 
 
 and therefore can finde reft in no pofture* Humane 
 laws grow out of vices, which makes all government 
 carry with them the caufes of their Corruption, an 
 a complication of their Infirmities; and for this rea 
 ion they are ever deftitute of vertue, proportionabl 
 to the deviations of our crazie complexions ; juft a 
 the ftatues of Trajan's gods were dilproportion'd to 
 the gate of his Temple, ©ut of whichfas Afolodorus 
 told him,) they would not be able to get, if hee ftiould 
 at any time ftand in need of their afiiftance. 
 
 3. Yet in the midft of theie our fhif tings and 
 changings we are naturally inclin'd to one fort of go- 
 vernment more then to another, and it is obfervable, 
 both out of the Hiltories of the former Monarchies, 
 and out of the Moderne ftate of the world, That the 
 Eaftern and hot Countries w ch lie under the coude of 
 the Sun, are moft difpos'd to the fiate of lv-onaichy,as 
 in the large extents of Perfia, Tnrkte, Africa, Pew, 
 and Mexico, in which latter quarter of the world, 
 the people who have experimented both, are gover^ 
 ned better and more contentedly by the Spaniard or 
 Tortugmfe, then by the Hollander, who are by. fits in 
 the exceflfes of kindnefie and of cruelty ; But in Eu- 
 rope and fo neerer the Pole, Countries are difpos'd 
 more to Republiques and popular mixtures, tempered 
 according to fundamental! laws, and the authority of 
 Diets and Senats. Nee totamfervitutem pati poffnnt % 
 nee totam /tbertatem.TaciVoT this reafon iome vainly 
 fay, that the Northern quarter of the world is al- 
 wayes more imbroil'd in Civili Warre then the Ea- 
 fterne. For though (uch fundamental! parties in their 
 focieties, ieem to confine as it were on a battable 
 ground, where a gap is open to uiurpations, and to 
 ^atfrhings one from another, yetthefupremacy and 
 
 ultimate 
 
 
(73) 
 
 ultimate refiilt of power in fuch Gates is fo defin'd 
 andlodg'd, that they provide more effect ually for the 
 ftiflingjthenfor the growth of ambition and tyranny. 
 Seing therefore this tempeft which we live in is like- 
 ly to be perpetuall, the beft way to fleep in it, as our 
 Saviour did in his, is to quiet all within, rather then 
 unneceflarily to diiputeany thing without : and to 
 confider that we are now tnf<ue mwdiy that wee can 
 turne to no fort of government which hath not in the 
 very conftitution of it a power to wrong us in all the 
 parts of Distributive Juftice, Reward, and Punifh- 
 nient. 
 4. Fortobeabletopunilbthofewho ,_■ .„ 
 
 « r u Of Pumfhmcat. 
 
 may wrong us, the power or the govern- 
 ment (whacfocvcr it bee) muft bee above all other 
 powers, and confequently ablolqte without redrefte 
 or appeale. Magiih ates are they ©f whom it may be 
 
 rightly (aid Qu^ noluvt oc cider e quen- 
 
 quam -Pojfe volunt* As for Rewards, ofRewazds. 
 
 though the Governours were all like O- 
 /^r, and had his Kingdoms and generous 
 minde, Gravis mcunqueerit a/ijsipfa bene- 
 ficiorumfotemta. Bcfides all this wee doe but abufe 
 ourklvesinprdumingcf a pleafant condition to6e 
 recovered in this lire, bee it either in Senfe, Riches, 
 or Honour.- For really pleaiure is here ofthc lcz ^ xc 
 Unattainable, net io much through a Ci- f senfc!" 
 vill, as through a Naturall defed, in the 
 difproportions which are betwixt our Appetites, our 
 Senfes, and their obje&s. 
 
 As for that which we fopompoully ftile the ravish- 
 ment of the Sentes, or fenfible Pleaiure, it is onely a 
 prefent being out of that paine, which troubled us 
 immediatly beforejand when that is over,then another 
 
 presently 
 
C74) 
 prelently begins to enter in the place of it* Befides 
 no caanyet ever was in the a&uall enjoyment of fo 
 high a content, but he could at the lame inftanc have 
 imagined to himf eUe fomething of the fame kind a 
 degree higher ; and his mifsing of this (which in right 
 realon he ftiould not have expe&ed^ indilcree^y 
 breeds his anxiety. The paines of hunger and of Re- 
 pletion fpurre us on to the fun&ionsofLife, and Na- 
 ture accompanying all our painfull adions with (ome 
 fecret promiie of joy, under that charme hides from 
 us what ihe intends we (hall afterwards fuff er in our 
 fenfes. 
 
 ofRches. As ^ or Ricnwkey confift in things with- 
 out us, and were to be fought after above a I 
 things if they brought content, as well as content 
 brings them. If they be for reall ufes, then it followes 
 that he who hath not need of fo many things as ano- 
 ther, is richeft of the two : and the fewer things they 
 be which relate to and concerne a man, the leffe trou- 
 ble afflicts him. Upon the whole we may fay of them 
 With Seneca ; acctpmns fertturAferituri. 
 
 of Honour ^ s rea * on ab&tcs much iikewife of the 
 price of Honour ; which indeed even in 
 Princes is no better then an abandoning the dominion 
 of their owne perfons, to take the care of thoufands of 
 others: For the wretchedeft children in their Nations 
 exped ftrength and remedies from them in their un- 
 juft fufferings 5 jail as the weake Infant doth phyficke 
 in the milke i uckt from the Narfes body, which is 
 weakened thereby : 
 Nemo eodem tempore afiequi fotefi magnamftmam & 
 
 magnum quiet em : Qmnitil. 
 Meane people lye all at the roots of Trees, and enjoy 
 that quiet there, which they who (it aloft in the bo wes 
 
 cannot. 
 
(75) 
 
 capnot. This tmdcCtferfemPempe/s fate, when 
 he had got his power and became what Pompey was. 
 Jam cinis efi t & de tarn magno rejlat AehiUe 
 ISTefeio qui d par v am quodnon bene compleat urnam. 
 TheoldPhilofophers confidering this over-richneffe 
 in our fancies and appetites, yet concluding that God 
 and Nature made no faculties in vaine, rightly fought 
 for felicity and pleafure out of Nature, and beyond the 
 bounds of this jarring world :they were only unhappy 
 in not difcerning the right Ob jedc, Chrifl: Jefus \ he 
 hath iliewne us that which willfatis fie, becaufenot 
 fubjcft to change,nor any way elementary. They who 
 have faith to embrace it, fee the world immediately 
 beneath them, and the confiderableft commotions in 
 it ordinarily to be but as a wind's blowing of leaves up 
 and downe, in which ftuffle it matters not which tri- 
 umphs over the other. In the examination therefore 
 of Rights, and of the caufes how they are forfeited, 
 The familiar canvafing of thefe fupreme Rights ap- 
 peares (by what is proved before) to be the dange- 
 roufeft. For it unloofens the very pinnsof Govern- 
 ment, and fo lets all the I rame fall into confufion, and 
 by that into the extremity of dangers. However, be- 
 caufe there may be juft caufe of canvafing the forfei- 
 ture of thofe Right s y according to thofe tacite conditi- 
 ons, which are the ground of the peoples Oaths, as 
 well as of the. Princes , therefore I fliall briefly fee 
 downe what they, who are for ftrid: obedience to 
 Governours, have declared long agoe upon the cafe, 
 together with their reafons. 
 
 But as a ground to all their following fuppofitions, 
 it will not be amifle to agree firft in the competency 
 of the Tribunall from whence their determinations 
 itlue.They who derive neither from Prince nor people, 
 
 but 
 
C7<0 
 
 bat from Jefcs Chrift, as the immediate difpenclrs ©f 
 his myfteries,interpofe with greater affurance then any 
 ©f another Robe. But becaufe they hitherto have in this 
 differ'd among themfelves as much as any Profeflion 5 
 S.Tfeerfore they have caufed feme to look for another 
 Tribunall to jadg of them,and before an intire resigna- 
 tion, to make ule of private reafons, to fee whether 
 there cannot be a diftin&ion betwixt the Power of de- 
 minion&x\& the right of exercifing it ffiecific'ally by this 
 or thofe hands,. 
 
 The Pmers which are, derive folely from God,by 
 whom all things live,move,and have their being: And 
 becaulethisis afacred theame, therefore many Di- 
 vines(or rather Minifters of the holy Order)thinke the 
 whole queliion is to be defuYd at their Tribunall by 
 the text of the Bible. But according to Saint 
 Paul out of Aratus and Hefiod, the Scrip- 
 tures doe not folely difcover this power of God, but 
 only the power of the new Creation : If it had been 
 other wile, Saint Paul in (lead of appealing to Cafar, 
 would have appeai'd to hirnfelfe,or to his owne order. 
 Therefore the Miniftry is not the lole Judge even of 
 this firft part of the diftindh'on. The Lawyer he only 
 ipeaks properly to the latter, becaufe it is in jure ad 
 rem, and confiits in .and is (perilled by Contraband in 
 thofe tacite conditions which are cleared by the rules 
 of naturall Equity. Our Druids therefore are not utn- 
 ufqus fori $ neither are they as the Z^/w,Keepers of 
 thofe arcana Judicu & Imperii, whxh God iolely or- 
 dered for the J ewes Common- wealth . The Law- 
 yers therefore be ft finds out the right, and the Minifiry 
 befi perfwade us to makg confeience of it. Thus there- 
 fore I enter upon the particular cafes. 
 
 § 6. He who hath fworne Allegiance and fidelity 
 
 to 
 
<77) 
 to bis Prince,is abfolved,and fet at liberty, if his Prince 
 abandon his Kingdome. tor upon his own a&,he hath 
 and will have no right to it ; and fo farre as he hath no 
 right, his fubj e# can doe him no wrong. He who 
 tfarowes away money (ut injattn mijjilmm) is no lon- 
 ger owner of it. But it is to be noted, that he who 
 ufes not his ©wne well, is not to be iuppof ed to have 
 abandon'd it,as is larglier prov'd in the firft part/. 3 .§ 5. 
 
 Secondly, If a Prince give away, or fubjecl: his 
 Kingdome to another Crowne,then he may be refitted 
 in it,notwithftanding any oath: Becaufe the alienation 
 of a Kingdome, is not comprehended in the govern- 
 ment of it, and it is his government which is the 
 ground of the oath. 
 
 Thirdly 3 If a Prince through mad fury or folly, feeke 
 inahoftile way the deftruftion of his whole King- 
 dome, then we owe him nothing by oath. For the 
 will of governing and destroying a Kingdome, is in- 
 confident with it feife. Nero virtually declared he 
 would not governs Rome, when he was letting it on 
 fire. Thus the Civill Law permits fathers to disinherit 
 their children, and children to disinherit their fathers, 
 ('which the Cafuifts permit though they fwore before 
 never to disinherit one theother)if they have attemp- 
 ted to deftroy one the other: for thereby they become 
 unnaturall, and confequently ceafe to be either father 
 or ionne. San.prs&.j.Sefl-.'j. 
 
 And this is that which the Law and the Cafuifts 
 ClMyfoluth vinculi per cejfaticnem materia, tint mnta- 
 tionem aliquam wtakiltm fa&am circa caufam jura* 
 menti principalem : Sanderfon'm his Pra/ec.y^ec.j. 
 (aith, That the matter of an oath ceafeth, and is con- 
 fumed, when the ftate of things isio chang'd betwixt 
 the time of fwcaringand fulfilling, that if at the time 
 
 cf 
 
(78)' 
 of taking the oath, the date and change of things 
 which afterwards followM, could have beene then 
 forefeen, the oath would not have been taken at all. 
 It fhouldfeeme that this is one Tacite Condition, 
 which is afterwards as eflfe&uail, as if it had been at 
 firft expreft, although the oath at the beginning might 
 have been only in pofitive termes. 
 
 Fourthly, if the Prince have part of the fupreme 
 right,& the People the other part, then notwithstand- 
 ing an oath of Allegiance to him,he may beoppofed if 
 he invade the other part of fupreme right. And this 
 . Grotius faith holds though fuch a Prince have the 
 power and right of Warre alone; for that is to bee 
 underfteod iaith he of forraigne Warre onely : Nor 
 can we conceive how that party which ftiares in the 
 fupreme right, can be without the right of defending 
 it, infomuch that if the Prince invade the others right, 
 he may (faith he) lofe his right by the law of Warr? . 
 Supreme right (as is largelier let downe in the firft 
 part) confifts in a capacity of making and abolifhing 
 laws,in levying generall Taxes, &c. 
 
 7. But all thele cafes onely fhew how wee are 
 abf olved in our owne confeiences from all oath and 
 contrad, when one party forfeits his conditions firft, 
 in which the difficulties are not very profound, 
 wherfore now I Ihall endeavour to (hew, How a man 
 may take an oath from an unjufi invaAfngyany, contra" 
 ry to thofe oathes which ftrhafs he tooke firfi from the 
 jfifi Party, who fejfibly brake m conditions with him. 
 This cafe I take to be almoft the utmoft of that which 
 can be put ; However I fhall fee what wee may fay 
 for our f elves in it. 
 
 8. There are fome Kingdoms which are confide- 
 red for the King and his benefit alene : and wee can- 
 not 
 
(79) 
 not properly call fuch, Common~Wealtbs> becaufc 
 there is no Community, neither of Law, nor of any 
 other right, betwixt Prince and People: But as the 
 old Roman (laves, (o thoie iubjeds Non habent capita 
 injure $ or as thofe who were anciently excommu- 
 nicated , of whom it was laid, That they had Wolves 
 heads, that is, men might kill them as pardonably as 
 they might Wolves : 1 hefe like wile had no commu- 
 nity or participation of right $ Excommunication 
 then being more then a bare putting out of table- 
 commons. Such iubje&s as thofe, though they bee 
 gnaw d to the bones, and that their bookes of Lawes 
 be but books or account for the Princes demanding 
 their whole fortunes, yet they have not the right 
 fcaiceof align; Thefe mull: bring their Tributes to 
 their Cdfar, like the mute fifh in the Gofpell, and af- 
 terwards are as fure as it to pay their lives into the 
 Contribution. For God many times finding fome na- 
 tions groffely peccant and obnoxious to his fevered 
 Juftice, inltead of deftroying them, gives them up as 
 a prey to another Crowne : Thus were the feven 
 nations ; And afterwards Ifrael it felfe was thus in 
 the hands of Nebuchadnezzar : for repining at whole 
 rigour they were exprelly reprehended by God : 
 which particular cafe is not a generall Argument or 
 conlequence fas lome argue \x) for the manner ©f 
 Government, and the duty or latitude of fubje&ion 
 in all Kingdomes. The relation betwixt luch lubje&s 
 and luch Princes, comes not properly into thelcope 
 of this difcourle : for (he more immediate entry of 
 which it is to considered by way of objection. 
 Obj t § 9. That as contradictions are not verifiable,fo 
 God who is truth it felfe, cannot bee awitnefeto 
 them, unlelTe it be to punilh them. But leing in luch 
 
 .©aths 
 
(8o) 
 
 oathes there is contradi&ion, How then can we hope 
 to be justified by God in taking them ? 
 
 Anf. All that which hath beene cleared above, 
 ferves mainly to helpe us in this difficulties and to lead 
 us to a true harmony of oaths 5 which fome ftretch 
 wildly to finde even in the very termes of oppofite 
 oaths, at leaftby afecret fenfe which they fay the 
 f wearer hath liberty to put on them for himielfe, 
 Quafi frofofitio mixta ex mem alt & vocdi ejfet legi- 
 time 5 which opinion is in fome manner perhaps re- 
 futed above. 
 
 10. I conceive but two wayes of taking (uch op- 
 pofite Oathes. 
 
 Firftj When it is in a thing wherein a man may 
 juftly prefume that the right fArtj/ fir a time releafes 
 him of his former oath or duty to him. This is meant 
 during the Warre onely, at which time Ufurpers ne- 
 ver declare their full intentions, becaufe they are not 
 as yet certaine whether they (hall finally pofiefle the 
 power whereby they may be enabled to make good 
 what they pretend; neither can they forefee what 
 their after necefiities may be. 
 
 11. Secondly, A man cannot by oath, or any other way 
 be obliged further to any power, then to do his utmott 
 in the behalfe thereof : And though the oath for the 
 right magiftrate be taken in the ftrifteft terms of un- 
 dergoing death and danger, yet it isdo be underflood 
 alwayes conditionally, as moft promifes are, viz,. If 
 the a&ionor paflion may be for that Powers or Prin- 
 ces advantage. Let us take the cafe as we fee it pra- 
 dtiz'd. In an Army each man is or may be oblig'd by 
 oath to loie his life for the Prince whole Army it is, 
 rather then c urne back or avoid any dapger $ iuch an 
 oath is caUM Sacramentum mtlitarc : This Army af- 
 ter 
 
(Bi) 
 
 ter having done its utrnoft, is beaten, and now the 
 Souldiers can do no more for their Prince then die, 
 which indeed is to do nothing at all, but to ceafe from 
 ever doing any thing, either for him or themfelves. In 
 thefe (freights therefore it is not repugnant to their 
 oath to aske quarter or a new life^and having taken it, 
 they are bound in a new,& a juft obligation of fidelity 
 to thofe whom they were bound to kill few hours be- 
 fore : neither can the Prince expect that by vertue 
 of their former oath to him, they fhouM kill any in 
 the place where their quarter was given than. They 
 who live under the full power of the unjuifc party* 
 may be faid to take quarter, and to be in the fame 
 condition with the former : and fc have the liberty 
 to oblige themfelves to that which the Princ^ now 
 cannot but expeft from them* viz,, to fwear to thofe 
 under whole power they live, that they will not at- 
 tempt any thing againft them. 
 
 All that this amounts to,is, That it is Prater ^ox con~ 
 trafrtus JHramentum^nA as the condition which was 
 the groud of ihispromiffary oath is fuck, that it is irn* 
 poflible for a man in it to advance his parties caufe,fo 
 is it iaapoffible for him to be boii i to an impofllbility. 
 13, But what if the ufurping power Ihoiild exaft 
 an oath in termes more repugnant to a mans consci- 
 ence ? as, That he ftiall now iweare not only 
 not to doe any thing againft him, but to do all ^ 
 he can tor him, and befides will have him fweare, 
 That the very right of the caufe belongs to him, and 
 not to the other party, as in Edward the Fourth, and 
 Richard the Thirds cafes, &c In aafwer f 
 to this I tint fay, That probably the man 
 call'd to Iweare nere, formerly oblig'd himfclfe to the 
 other party by oatii, Dut not as if that party pofitively 
 
 G had 
 
(9i) 
 
 had a clearc right, but that fee knew none who had a 
 clearer, and therefore upon the fame ground he may 
 neither iweare action nor pofitive right to this party j 
 Though my hand trembles to write further or this 
 cafe , perhaps as much as his would, w ho fhuuld 
 cometofweare it tatti* Ev*ngctiU> yet I rind great 
 Dodors who favour oathes in inch tei ms ; Not as it 
 they had a Poiitive or Grammatical! ienle in them, 
 but that they require onely thrive ftiould do nothing 
 contrarv to the termesof the oa hs,or of their leule, 
 which is as much as to lay, 1 hat though wee know 
 not wherem that parties rights pofitively confilt, yet 
 We take our oathes that we will not do any thing to 
 Weaken his pretentions. This is the fente which they 
 lay we may iweare, when an oath is given us in terms 
 which we corceive falie. As for iwearwg wet w;li 
 be active for that party for which our confeitnees 
 will not let us doe any thing at all; They fay we may 
 Iweare it alio ; becauie the ground of the oath re- 
 quires no more, but that we be not adivetotraverfe 
 any of his o'efignes, or actions ; and that th< ugh wc 
 aft not any thing for him in his Armies abroad, yet 
 that wee will not attempt any thing diretf ly or indi- 
 rectly at home, that might tend to the putting of our 
 felves or others out ©f his poffeflion, or to the weak- 
 ningof his iecunty. Though this fenfe fausfie not 
 the termes or the oath in their* rigour, yet thole 
 Doctors lay it fatis lies the lcopeof it, beyond which 
 a man is notobiig'd unltfle he will himleife. For in 
 ftance 5 No man could formerly bee admitted to the 
 Miniftry in our Church, unlefle he fubferibed firft to 
 the Articles, Liturgie, Canons, and Jarifdiction of 
 our Church : And though there were a great contra- 
 diction betwixt the Arminian, Epilcopall and Calvi- 
 
 niftl 
 
(*3) 
 
 nifts opinions in the matter to be fubfcribcd ; yet they 
 all concurred in this,that they might fubfcnbe in this 
 fenfe, Firft that they meant not to difturbe the peace 
 of the Church for any thing contained either in the 
 Articles, Canons, or Epifcopall Government, what- 
 ever their pofitive opinions about them might bee. 
 Secondly , That they thought thofe in a faveable con. 
 dition who conform'd to the ftria fenfe of them. And 
 this they conceived was all that was meant by fub- 
 fcription ; Witneffe Mafter Chittmgwsnh, who onely 
 writes fo much, but the Doctors and Divinity Profef- 
 fors at Oxford licenfed the Printing of it, and the 
 Arch-Bifhop prefented it to his Ma/efty, fo that it 
 pafTed an avowd fenfe both in Church and State. But 
 as I conceive this one the moft perplext cafe that can 
 poffibly be put in oathes, and which hath not yet been 
 examined by any that I know of, fo I recommend it 
 to the further difqurttion both of the Cafuift and of 
 the Lawyer, who yet is not fo well fitted for the Vo- 
 rnm internum as the other. This we know, that our 
 Ancettors, wholiv'd in that age, whole confuflons 
 gareoccafionto thefc difcourfes, were dc fatto feve- 
 rall times preft to this fort of oath. 
 
 14. And were it not, but that afpiring Princes 
 have fo much of the C afar in them, that being once 
 by their ufurpations ingaged, they cannot 
 ftop till they have acquired all they aimed B£S. 
 at (as he did who becaufe Rubicon was «cs%Prwc« 
 paffc, Et quia jafta erat alea, could not r ^ 
 reft till he had iupt in the Capitol ) they would finde 
 it a greater fecurity to put a penalty upon thofe who 
 (hould queftion their rights, then to force their fub- 
 jeflsto acknowledge their pretentions by this oath. 
 for fuch an oath may be broke in the- very taking of 
 
 G2 it 
 
r8 4 ) 
 
 it • and he who fcraples not to forfeit his oath fot 
 feareorintereft.wiU difavow any pretended right, 
 when foever he Qull/*" in Lnhrif. 
 
 Thos much concerning the nature and ^harmony of 
 Mtto Now it remaines onelytofpcakctothelaft 
 difficuty of this fccond part, which is- — 
 
 Chap. IX. 
 Whether upon the iffueof a war and 
 the expulfion of ajuft party a man 
 may lawfully give himfelf up to the 
 finall Allegeanceof the unjuft party 
 or no ? ■ 
 
 S i. The troubles of Wane end net prefentlj with 
 
 the Wane . ^ . 
 
 2. Wherefore a ftrtf goverwent tsnecejjary for 
 the[e mho conquer tn a CtviU Wane. 
 
 3. Wherefore Wet unmet ftveare to obey none but 
 f«eh er fitch Geverneurs. 
 
 fy When may a man judge fuck a party tr place t$ 
 
 he cwquertdi . 
 
 $Wh*t conqucfi er acquifition cat never bejujttjtod 
 
 6. o/Tereimand JO»<r«/Naples htsCefion. 
 
 7 . oft he Soctetyofmar.ktnde. 
 
 8. The cafe of places taken on Frontiers. 
 
 BY a reflexion en that which hath been already ex- 
 amined, this laft Option may ftem»b™j*« 
 
catting ap into t fumme ail that which i$ gone before* 
 Phyfitians to adjuft their remedies aright, coniult the 
 time paft, pr tfenc and future ; and fo ihouid we in ad, 
 thefc cafes, if that which is CiviM had but as Uniform 
 Principles as that which u Natural For if a peremp- 
 tory aflent be demanded of us in a matter which hath 
 connexion with the time paft,the evidence of that de- 
 pends oaely on the credit of ignorant or diiguifed 
 Hiftories, and not on any which we durft peremptot- 
 rily fay cannot mifinforme us. 
 
 Segnins irritant anirnos dew/fa fcr aurem 
 Quans qua f pint o cm lis fubjeStafidclihtn^t qua 
 Iffeftbi tradit fpeEtator. Hor. 
 
 The time prefent is governed by the wils of men* 
 which are myfterious one to another, & are fo covert 
 and terpentine, that they who fit in Cennctil together, 
 rarely penetrate themfelvcs ; As for the future which 
 relates mainly to this Qndtion, that depends ioiely 
 on his Providence, who never tooke humane reafons 
 into his Counfell, and for the moftpart produces e- 
 vents contrary to, or beyond our hopes and machi- 
 nations. 
 
 Here therefore we mail: fuppofe an unhappy War, 
 [as unhappily ended, and according to the variety of 
 ifeumane condition , that the usurping Prince rides 
 now in his Triumph, and that they who follower they 
 idoebutfigh, Pnallbepunifht, as if they intended to 
 betray their Countrey ^ fo that now there remaines 
 nothing to be done, lave that ^u* dandum efi fceleru 
 |AU the Ufurpers pretentions are to bee avow'd, and 
 I nothing is conceal'd which the power of the place is 
 able to make good. 
 
 i . But though the Warre be. ended, y et its trou- 
 bles and miferies doe not fo foone ceaie with it : 
 
 G 3 Bella 
 
(8*) 
 
 Bella movet clip us, deq^ armis arma feruntar* Ovid* 
 Waves after a temp eft are obferv'd to rage, though 
 the wind which raifed them be do wne, and thole re- > 
 fractions do not fo quickly unite in a calm peace,as to 
 make the Sea prefently become Heavens looking- 
 glaffe : InterfettoVmUiobelltm magus befierMflukn* 
 fax edperat, Tac 
 
 The Ufurpers refolutions towards the winding up 
 of all, are naturally furioufeft ; and good reafon too ; 
 for juftice here allows him to be feyert r for peace, 
 then he was for Warre. That his dangers might not 
 be infinite, hee is obltg'd to pull up the feeds of War 5 
 otherwife inftead of taking it away, hee would but 
 deferre it. 
 
 2. Civill Warre is naturally more fubjecl to tbefe 
 rigours, then other Warres : Becaufe they who ye- 
 fterday were Enemies, would be inhabitants alwaies. 
 The conquerour fufpecls that theie will bee the firft 
 infringers of his new Lawes ; the violation of which 
 ought at the beginning to be feverelieft cenfured, as 
 of dangeroufeft confequence : according to which 
 reafon, God himfelfe gave fentence of no kite then 
 death on a gatherer onely of flicks, immediatiy after 
 the promulgation of the Sabbath ; and Anamat and 
 Sapbira's firft hypocrifies and mockings of the Holy- 
 Ghoft were rewarded with no leffe then fuddain 
 death ; though now adayes the like bee ordinarily 
 done without immediate fentence. Wherefore for 
 tfaefe reafons though the Ufurper thought not of e- 
 ftablifhing himfelfe in an abfolute JarifdicTion, yet at 
 kft he will finde himfelfe oblig'd to fecuiehis con- 
 queft by the lame means he obtained it. Qui mlunt 
 
 occidere quenquam Pejfe volnnt. And Dido gave 
 
 ^neas the true reafon of the fame cafe. 
 
 Res 
 
Res Jtrd & rfgni novitas me talis cogunt 
 Molin 9 & Ute fines cufiode tueri. Virg. 
 |. Wee (hould bee exceeding happy, if in the 
 midil of thefe iinbroylcments we could now know 
 Gods decree concerning the Princes and Governours 
 which he would haveraigne ovcruSj as certainly as 
 the ancients did by his revelation and Prophets. Yet 
 thougn we know not (6 much, this we keow aflured- 
 ly, I hat the great changes of Government happen 
 pot by chance, but by order of the moft univerfall 
 caule, which is the foumaine of Dominion. God's 
 Image in Ada, -» by many Divines is underftood to 
 have bet n his Dominion over the Inferiour Crea- 
 tures of the world, and rince him we finde that none 
 are cali'd uod's but Magilirates; For they like God 
 are mod knowne by Commanding. It's oliferVed that 
 Moyfes'mxht i or Gen. names God (imply without 
 anyamibute, but in the 2 Ch pt. after the Creation 
 was rinithr, alwayes calls him Demmus Dens • here- 
 by expr^fling his right to order, what before hee had 
 produced by hisetiicacy. From hence wee can well 
 conceive why God fayes By me Prsxfes raigne ; For 
 the governing Powers w^tch are, are of God* God 
 hath declared that hee will ftiilchaitize and change 
 Princes and Governors ; and though now 
 wee may doubt of their Families and '*$$£ 
 perfons, yet when wee fee the changes 
 and cnatUfements, we may be fure they are by Gods 
 order, yea though the invading or iucceeding Gover- 
 nours belike Jshu^Nebuchadyez^^ar^ov thofe who 
 by cruelty (hew us nothing but Gods wrath. Where- 
 fore it can be no ieflethenfinne in us, orTieaiona- 
 gainft God to fweare we will never obey any but this 
 ©r that Prince, or State, or any but of inch a Family, 
 
 G4 o r 
 
<8S) 
 
 or to thiak that none other (hall raigneever us but 
 iuch. Tor this depends on God's Providence and 
 Juftice, which fets the bounds to the duration of' Go- 
 vernors and Governments. 
 
 — * — -fuperat quern am fortunate quamur 9 
 
 Q**oq> vocat vertamus iter. Yirg. 
 
 jQuidftttfj; vitet nunquam hominifatu 
 
 Cantum efirtn HorAi—Sed improvipt 
 
 Vis rapKtt mptetqs gentes* Hor. 
 Wee are bound to o'wne Princes fo long as it plea- 
 fesGod re give them the power to command us, and 
 when we fee others poireft of their powers, we may 
 then fay, That the King of Kings hath chang'd our 
 Vice-Roys : but then the difficultie will be this. 
 
 4. When may a man rightly judge the tnvadour to be 
 in afuH pojfejfion of his con que ft } 
 
 This is considerable in regard of the time when 
 we are to give our felves upt© a new Allegiance: 
 Tor an Army in a Countrey doth not ftill poflefle it> 
 becaufe in few dayes it may be repuls'd againe. Thus 
 Havmball though he quarter'd about Rome, yet the 
 fields wherein he quarter'd were fold in the Towne 
 at as high a price as before. 
 
 A place therfore is judg'd to be in full pofTeflion, 
 Tirft, When it's fo held that am other power as 
 great as that which holds it,cannor approach it with- 
 out great danger. 
 
 Secondly, When there is no probable hopes of 
 recovering it. Thus of a (hip (which is a moveable) 
 the polfeffion of twenty foure houres is a Title in all 
 Admiralties ; becaufe of the improbability of reco- 
 vering a thing fo hard to meet with. Ea definunt 
 no fir a ejfe qua noftramperfecutienem & recuperation 
 nem effugiunt, & qua ex feipfis non habent animum 
 
 rede- 
 
redcHndi,ff. dc acqui. rer. dom% /*44. Thus the Jewes 
 were to ©bey and pay tribute to the Romans when 
 Jerusalem was taken. 
 
 Thirdly, when the party overcome doth by fome t 
 a&s acknowledge the Invador for the iupreme. Thus 
 the Senate could plead no excufe for Cdfars murther, 
 whom themfelves acknowledged fupreme after the 
 fucceiTe or his araaes. 
 
 5. Yet there is one kind cf ufurpation, which by //« 
 no pofleflion or prefcription can ever become lawful!, 
 and a Chriftian can never fubrait himfeife to it, with- 
 out wounding his confcience and faith. For it is that 
 which is founded in impiety and blafphemy 3 and yet 
 would be forc't upon us, as by Gods order, and by title 
 of his true Religion. Such Invaders as thefe though 
 they may fucceed one another.yet their fucceflion and 
 pofleflion cannot legitimate any s becaule no proscrip- 
 tion can run againft God. As this authority is groun- 
 ded in the depth of ail impiety, it pretending a juril- 
 di&ion both in heaven and hell, body and foule, fpiri- 
 tuall and temporall rights ; fo to aflift to introduce it 
 into any place, can be no lefle then the height of trea- 
 fon, both againft God in heaven, and his Vice-gerents 
 on earth t for thereby it is endeavoured indiredly,and 
 by juft confequence to alienate and transferre all So- 
 yeraignty to an Idolatrous Prieft ; and an ailifting to 
 the maffacring of thofe who are not of his Idolatry. 
 
 Fourthly, a place is fully potted from the juft Prince 
 or State, when they become private perfons, and fo, 
 fubje&ed to the power of another Magistracy, which 
 the Civill Law cals, dtminutie capitis % or a civill death. 
 In this cafe they who were formerly their fubjeds, 
 need not now fcruple as if they durft not doe this or 
 that, as being ignorant whether their wils difpence 
 
 them 
 
(po) 
 
 them of fuch or fuch duties in order to their rights^ 
 for it is to be prelumed,that the expelTd Princes or 
 Senats wiis are,That they woald not have them hope-* 
 lefly begin the miferies of a new confufion for them 5 
 It is a bad way of remedying an evill, by renewing it 
 Without any hope of recovery. When the cafe is thus, 
 they ought to let the people enjoy, Tut a & prdfe'»tia 9 
 and forget vetera & fenenlofa If their fubjedts were 
 fore of their wiis, and as fare* that by their owne por 
 wers they could reftore them withjut an univeriall 
 calamity or their Kingdomes, then their endeavours 
 Were more reafonably due to them. We have noi now 
 Gods revelation for the particular events of things, 
 wherefore we arc exculaDle if we confider the pro- 
 baaihtie of the imanes : Our Saviour would not have 
 a Prince begin a war with i ooo :> men againlt ^oo a, 
 BeiTdes every thing is more favorable for peace then 
 for warre s And to what purpofe is it to take part 
 withthofe who are as it were dead, againft them who 
 are alive? The Law (appoles a woman? husband to be 
 dead, quando mortuaefl: §e$ enm revtfendt> and for 
 that rcafon (he may then tranfire ad alia vota % though 
 he be not then naturally dead. And if polleflion was 
 reaHy the truelt evidence to us or their rights, then it 
 is equitable to follow it ft ill, though it be perhaps in a 
 perfon of more injuiltc cthen they were. 
 
 6. As the goodneffe and prudence of Ftrdmand 
 King of Naples was admirable in this cafe, folfhall 
 faithfully tianflate it, as guieciardtn lets it downe. 
 
 Charles the eighth of trance invaded Italy upon a 
 pretence to the Cro wne of Naples ; Ferdinand was 
 newly come to the Cro wne, but unhappily (ucceeded 
 two, who by excelle of tyranny utterly dsfobliged the 
 people, fo that though he was a Prince very debonair 
 
 of 
 
(*0 
 
 of himfclfe, yet the remembrance the people had of 
 the former mis-governments, together with the co- 
 wardifeof his Captaines,affordcd him no other news, 
 then the daily ioffe of Armies/Iowaes* and of whole 
 Provinces,even to the gates of Naples it felfe ; whe- 
 ther Charles was now advanc't without having fo 
 machasdifcharg'daPiftoli. And becaufe Ferdinand. 
 found Naples, and the Countrey behind it, halte dead 
 already with feare, and ready to revolt , he refolved 
 therefore not to expofe them to mine, by (landing out 
 perhaps only a little while for him : Wherefore he 
 fommon'dali the Nobility ,Gentry,and prime Citizens 
 cs to wait on him at his Pallace;to whom when he had 
 te bewaii'd firft his own undeferved calamities.and pi- 
 Ce tying thoieof his fubje&s, who let themfelves be 
 f * defeated fo ealily by their own fears; he then advis'd 
 €t them to fend to theFrench King for the beft conditi- 
 €c ons they might get for their own prefervations. And 
 " that they might doe it without any ftain of honour, 
 <c he abfolv'd them freely of all oath and homage: And 
 $ for his own part told them, that he was refolv'd not 
 a to wraftle without to yeeld to his fate,rather then by 
 *< trying to ft and out after Co many lodes and misfor- 
 " tunes,to be an occanon of the ruine and pillage of his 
 <c Kingdome, which was an effecl: contrary to that end 
 p for which he defired to be their King. But if the rnif- 
 * government ofthe French (hould make them defirc 
 <c his return, that he would endeavor to preferve him- 
 s< klfc in Sicily, whence he would willingly return to 
 < c expofe his life for their better condition. 
 
 Here was the true duty both of a man and of a 
 King •, yea th? A&ion was more then Kingly : For to 
 lay do wfle a Crowns is more Majefticall then to 
 wcare it. It is only from glittering Thrones, whence 
 
 the 
 
tfceeiefcentisnoteaiie: Reges emm de tmoculmi** 
 mn defeendnnty imo detmbantun Though other places 
 in the like or worfe condition have not fo clearc a De- 
 claration of their Princes and Governors wils, yet the 
 fame is to he pre fumed from them, rather then that they 
 Should eccafion a fruitlefle and a calamitous conrafion 
 in their behalfs : For he who fpits againfl: the wind, 
 fpits in his owneface. 
 
 7. We fpeake fometimes of the fociety of man- 
 kinde, and of a morall continuity., as it all the world 
 were to be considered but as one Common- wealth, 
 as indeed it ought fo to be : but our practice in this be- 
 lyes our rcafon, especially when we reflect on the di- 
 ftinftions or reparations of Kingdomes, and examine 
 by what ground ©r realon Princes pleafures flionld 
 oblige thofe who live oneachfideofafircple River 
 (which divides two Crownes) to doe no adls of hu- 
 manitie one for the other. We know there is a con- 
 fanguinitie betwixt all men, by which we are bound 
 to keep the faith of men even with heathens as well 
 as with others, moralta enim non tofLnnt naturalitt : fo 
 that it is pitty to fee fome lo much libertines.that they 
 thinke they cannot doe a Turke, Jew* Infidell, or any 
 one of a Nation, againft which warre is declared, any 
 wrong: whereas the mettali of the coine is the fame, 
 though the infeription differ. 
 
 8. But to approach nearer to this particular cafe : 
 Upon frontiers all men are molt ftridly oblig'd to the 
 deftru iion one of another, according to their feverall 
 Allegiances : yet it happens daily, that by lieges and 
 other extremities, Townes are reduced tothe jurif- 
 di&ion of thofe to whom they were fworne not to 
 fubrait, but to deftroy : This is not all ^ far upon their 
 furrender they muft fweare to deftroy thofe whom 
 
 the 
 
(n) 
 
 the day before they were fwome to preferve. In fuch 
 dies the Prince to whom they were firft obliged, 
 releases them of all imaginable duty to him. For he 
 cannot exped that which is impoflible for them to 
 doe, */* a&s of former Allegiance to him. If after- 
 wards he take any of them, he looks upon them not 
 as traitors or re volters, but fuch as by the Law and 
 neceffitie of warre, are of the fame condition with the 
 reft of his enemies fub/ eels. The reafons which j u- 
 ftifie fuch particular places, /uftifie amore univerM ; 
 fuch as a& e whole Kingdomes, which are made out of 
 fnch pat ticular places, and arc fubjed to the fame fate 
 wad neccHityof warre, to the fame confufion£.and re- 
 rolutions of Government$,and io to the fame ©ppofite 
 Allegiances. 
 
 The 
 
The third Part: 
 
 Wherein it is examined : 
 
 WHETHER 
 
 The nature of Warre be inconfiftent 
 with the nature of the Chriftian Re- 
 ligion ? 
 
 OR, 
 
 Whether fome Warre may not now be 
 lawfull in the State of the Gofpell ? 
 
 ChaP. I. 
 
 § I. The defeription of Warre. 
 
 2. Belluin quaredieiturabelluis. 
 
 3 . What it is to be unjufl^ or unkwfull. 
 
 4. Society twofold. 
 
 { Hilft all the Chriftian world is imbroyl'd 
 in Warre, and that the very ftate of man- 
 kinde is nothing elfe but Status belli ^ ; yet 
 w not a few perhaps of the beft Chriftians 
 Sid^theirConfciences eheckt, as if they had and In- 
 
 terdidt 
 
(90 
 
 tcrdicT-from Heaven retraining them (even in the 
 exu earned: neceffities) from defending their Perfons 
 and temporall Rights by the effufion of humane 
 bloud. They conceive iuch an exa^nefle of Chriluan 
 patience and charity is now reqirred of us in rtgaid 
 of thofc excellent promifcs of raigning with Cbnft 
 in Heaven, that all fort of Warre rights now againft 
 him and his Religion. This made an eminent Stated 
 man pleading for Toleration of tveligion in France 
 fay, Ouilvdoii mieux avoir ttnc pax on I y avoient 
 deux religions , ^h* une guerre oh* il ny en avoit faint \ 
 1 hat it was better to have a Peace with two Religi- 
 ons then a Warre with none at all. 
 
 1 hele Chriftians of whom wee now fpeak aflure 
 themielves, That if they wallow in one anothers 
 bloud here, they cannot aft.rwards tumble together 
 in Abr. hams bofome $ their heavenly Shepheard 
 drives them through a narrow way full of thornes 
 and briars , lo that they expect neceflarily to lofe 
 locks of Wool in their eiiates, and to feele pricks in 
 their perfons. But in the midlt of all this they take 
 unexprcflable comfort inChnft, knowing well that 
 they who touch them now in this new Creation, 
 touch a new forbidden fruit, even the. apples of Gods 
 eyes. 
 
 But we are borne to two Worlds, and are made of 
 matter proportionable to both, and therefore cannot 
 but naturally have fomc kinde of affecTion for both ; 
 Yet iuch, that ieeing two collateral! powers cannot 
 ftand together, our affection to the firft and worft, ob- 
 lige us not to any thing which might traverfe our 
 happinefk in the other ; And feeing without our will 
 or knowledge wc are (and ail they who come after 
 las arc likely to be} borne into a world of mifcries, 
 
 the 
 
the grcateft of which is perpctuall Warre, I fhali 
 therefore efteein it worthy my re-fearch to fee Whe* 
 ther Warre be one condition excteftve of Salvation ? 
 
 i . In the firft place I aske What ts Warre ? Too 
 many can anfwer loud enough to this Queftion, by its 
 mil eries and fad effects : But I finde that Mellum dtci- 
 mr a bellms, from Beafts. 
 
 a. In the firft peopling of the world, after the 
 deluge, men UVd fcatter'dup anddowne, andmoft 
 in woods : And ambition not having place in a time 
 of fuch fimpiicity, they liv'd in a Community free 
 from all Alarms, lave of the Beafts of the field : 
 Wherefore their War then was totally againft them; 
 and hence we fee the heads ©f Lyons, Bears, Bores* 
 &c. for the ancient markes of our A iceftors honours: 
 And when men came to be more ovill by living nea- 
 rer together in Cities(for Civility is deriv'd k Civitate, 
 as Urbanns ab Urbe and Rnfticna* a rare) they ftill 
 kept thofe Armes, which now wee hold derived 
 
 from them. . . _ • n . c 
 
 Warre therefore was firft againft Bealts, and af- 
 terwards againft thofe who were like to Beads, in 
 bringing the lame effeas of mifery on us which 
 Beafts did; in destroying our fubfiftence, in devour- 
 ing us and our children, in chafing us from our habi- 
 tations, in keeping us in perpetuali frights, and in ta- 
 king the Iweat or our browes from us. They there- 
 fere who knewGed and nature, permitted them to 
 deftroy deftroying Beafts, thought they had a larger 
 Commjffion to deftroy (uch kinde of men 5 who 
 though they were of their owne kinde , yet they 
 were worfe then Beafts, and did that harme which 
 the Beaft of the field knew not how to doe i So 
 that the Proverb of this malicious vermin is not im- 
 pertinent 
 
(97) 
 pertinent, Homo homint ( non LufHs fed ) Damon* 
 
 3. But to fpeak nearer to the definition of War, 
 It is not Jus d^tum feeler i ; But a fublique frofecuti- 
 ok of Juftice by force, even to the ejfufion of humane 
 blouL The better to underftand it, wee are to con- 
 ceive, that there Where a Court of Juftice ends, and 
 is not able to put us inpoffefTion or our rights by its 
 paper-power, there the law of Warre begins, and 
 makes every Souldier a Sergeant : and hencg it is 
 cbngruoufly faid, that Inter arma neeejfario filevt le- 
 ges : For in naturail reafbn, what can be oppofed to 
 force but force ? Yet Juftice and Equity may be con' 
 fiftent with force : Hence the Athenians acknow- 
 ledged Mars the Founder of their famous Senate, 
 and from him call'd it Areopagus* 
 
 4 What is it to be unjuft or unla wfull ? That is 
 properly unjuft, which hath a repugnancy, a difcon- 
 venience, or iacon(iftcncy with the nature of humane 
 Society and Communion ; as for a man to take from 
 an other to enrich himfelfe. 
 
 5. But Society is twofold. Firft, Equall, where 
 both are in equall partnerftiip of gain and lofle, and as 
 is betwixt Brothers, Friends, Citizens.&c. Secondly, 
 Unequally as betwixt a Father and his Children, Ma- 
 tters and Servants, Magiftrates and People, God and 
 man .* Betwixt whom there is fomethjng mutually 
 due upon fuppofition of, and the latitude of there* 
 lation to, lbciety. The ufe of this diftinclion will ap- 
 peare in the following dilcourfes. 
 
 H Chap. 
 
(98) 
 
 Chap. II. 
 
 Whether all Warrc be imlawfull in or- 
 der to the Lawes of nature ? 
 
 S, i V fen what matters law faS Warre is groun- 
 ded. 
 
 2 . What things are equivalent to life. 
 
 3 . Three conditions frarequifite u a jafl Warre. 
 
 4. How Innocents may be innocently flame. 
 
 5. Wherein Gods Dominion over us con f ft s. 
 
 6. Concerning Geds deftroyingof Innocents. 
 j. Concerning Abrahams Wanes. 
 
 8. All cafes of Wane not written with the Israe- 
 lites Militia. 
 
 THe Anfwer to the Qgeftionof this Chapter it 
 Negative : Becaufe nature recommends us to an 
 internall honefty and equity ; as alfo to our own pre- 
 fervation, and the acquifition of thole things with- 
 out which we cannot be preferved 5 Provided they 
 be not unjuftly taken away from the due prefervatioa 
 of others. 
 
 1. I fay in profecution of that without which 
 we cannot bee preferved. For as Warre introduces 
 the greateft of evils, viz,, the taking away ©f mens 
 lives, and that which is equivalent to life : io right 
 reafon and equity tells us, that it ought not to be un- 
 dertaken without the greateft caufe , which is the 
 
 keeping 
 
(99) 
 
 keeping of our lives, and that without which one 
 lives cannot be kept, or if they could bee kept, yet 
 they would not bee of any value to us, feeing there 
 may be a lire worfe then death. Wherefore as we are 
 forbid to goe to law for a little occafion, fo wee are 
 not to goe to Warre hist for the greateft* 
 
 2» But what are thofs things which are equiva- 
 lent to a mans If fe} Thofe things may be beft collected' 
 out of the cafes wherein God himfelfe(intheLaw 
 he gave the Israelites) pronounc't fentence of death ; 
 They are many and different, and I fhall only point at 
 a few of them. Gods indifputabie Juftice therefore 
 inflicted the fame punifonmt on breakers into houfes, 
 beakers of marriage fidelity y publifhers of a fails 
 Religion, and on ragers in unnaturall iufts, together 
 with many others : I fay he inflicted the fame Cstpi- 
 tall punifhment on them which bee did on murthe- 
 rers, Therefore they are cafes equivalent to a: mans 
 life. 
 
 3. 1 fay moreover, That it muftbefo, that for 
 our owne preservation we take net unjuftly horn the 
 due prefervation of others. That we might lawfully 
 invade mens perfons or goods by Warre, one of thefe 
 three conditions is requifite. 1. Noceifity, according 
 to the tacite contract iri the firft dividing of goods, 
 as is fhew'd in the firft part. 2. A debt. 3. A rnans 
 ill merit; as wfien heedoth great wrong, or takes 
 part with thofe who doe it, as the reft of the Benja- 
 mttes did with thofe who forc'tthe Concubine. Many 
 things may be absolutely necetlary for our fubfiftence, 
 which yet we may not t-ake from the right of others, 
 especially if thev be in the like calamity ; for then 
 the rule holds, that In pari jure p&tt&r eft conditio fof- 
 fidemi*. Thus no Admiralty judges it theft ; if adi- 
 
 H a flxeffed 
 
(ioo) 
 
 ftreffed fiiip forceably takes water from an other, 
 which hath more then in humane probability will 
 ferveit to another watering. If one weald afflict my 
 perfon, Nature (he ws me the way how I may defend 
 my (elfr, andreafonfetsthe meafurc. God and natu- 
 ral! equity required eye for eye, and tooth for tooth, 
 but no more : becaufe all paine above, was but fatis- 
 fa&ion in opinon, and confer'd no reall advantage to 
 the firft fuffercr : Wherefore God might juftly fay 
 Revenge was his, and he would repay it. When a lifi 
 Hiufi: be loft Fav rab titer eft mihi pojfeffi* & prefer- 
 vatio anim* me a qudm alien*. 
 
 Ohj. It is ob jeded, That in naturall reafon and c- 
 qaity, the punifhment ought to bee no greater then 
 the ogence,nor the payment greater then the debt ; 
 Iifdem modi* in deltU't partem qnis venit, quitn d*m- 
 »i d*ti 3 For one houfe pillaged, or a few cattcll dri- 
 ven away, a whole Kingdorae is not to be laid deiert. 
 Though in Civill caules Children ought to pay their 
 Parents reallobligations, yet in Criminall caufes they 
 ought not to be charged with their pcrfonall engage- 
 ments ; To cut off a few nocent, wee are not to cut 
 off multitudes of Innocents, fuch as ire Weomen 
 and Children fas in ficges, and other depopulations^ 
 of whom the one is to be fpared for f ex, the other for 
 want of age. 
 
 Hetter ode ft fec»mq- $ Deos in pvtlia duett, 
 Quaq\ YHit mors eft , tantum trahit Me timori* 
 But what is there to bee feared from them who 
 know not what Armes are ? Gods juftice would not 
 that in Sodoms the juft fhould perifti with the un- 
 juft 5 nor thole in Ninevj who knew not their right 
 hand from their left. A woman with-chiid con- 
 demn^ to die,iuffers not till ftice bee brought te bed : 
 
 Armies 
 
(101) 
 
 Armies come actually refolv'd, yea oblig'd, to cut ofT 
 each the other 3 but the fame is not to be apprehen- 
 ded in women and children, though they be never Co 
 great a multitude together. Warreis alwayes a Phy- 
 tic k too ttrong, which entring the body with a force 
 greater then the infirmity, muft needs increafe the 
 diftemper, and like thunder purging the bad quali- 
 ties, corrupt the good. Therefore by all this its evi- 
 dent, that Warreis againft equity and nature. 
 
 Anf* To ail this Ianfwer, That innocents are not 
 directly defigned to panifhment , nor to pay that 
 which they doe not owe. But if the cafe be fuch, that 
 they who are innocent muft perifb, or live a life 
 worle then death by the crueltie of an Enemy, then 
 to protect their innocency, all may bee done by thofe 
 innocents that extreme neceflity permits ; and if their 
 guilty Enemy obftinately refuting to do them right in 
 fuchacalc, involve innocents iikewife on their fide, 
 and in their dangers, then they (their guilty Enemies) 
 are to anfwer for the effects of their© wne ads. And 
 ccrtainc it is. that the right whereby a man may de- 
 fend his life by killing him who would take it from 
 him, is not alwayes becaufe the invadour is faulty, 
 but by reaion of that right which nature hath given 
 every man in preferving himlelfe ; as islargelier pro- 
 ved in the firft part, and bythsfecond, cap.i. They 
 therefore who thus innocently take up armes,are as 
 little guilty of their evill effects, asheeis of the ill 
 fmell. wnich followes his cleanting a channell. Wee 
 know that a Chirurgion in drefTing a wound, puts a 
 man oft to greater paine, then the aflatfinate did who 
 gave it : yea, we know no evill which can bee cut'd, 
 but by another ; and thus it is that by peril! we efcape 
 perill. That C^ierie which fervesto guide us in o* 
 
 H 3 thcr 
 
(10 2) 
 
 ther cafes, will ferveaswellinthis,^/^. Qnk can*. 
 [am dederit I And if they who ©creation fo many e- 
 vills would prefentthemf elves to Juftice, then thofe 
 would be all avoided : But there are few Jonas' es 
 now adayes^ and too many Bexjamites,wh© chufe to 
 fee all rain'd with themfelves, rather then give up 
 thofe to Juftice who are guilty. 
 
 £..^-Asf©r God's Juftice in Warre, ©r other pu- 
 nifhments of his Enemies, I anf wer, That though he 
 have more right byathoufand times to kill us, then 
 we have to kill dunghill Flies, in refped of his abfo- 
 lute dominion, yet he never doth the leaft act of inju- 
 ftice. True it is, that hee made us out of his ownc 
 matter, and at his owne coft and paines ; Is mtem 
 qui non folam oferam frdftitit, Jed & partem folum- 
 modo materia dedit,fpeciei deminus eft ; fo that being 
 of God's intire fpeciftcation we can claime no right at 
 ail in our (elves ; and having no right he can do us no 
 wrong. Notwithstanding by his free goodnefle hee 
 hath invefted us in fome right, both by Promife, Oath 
 and Covenant, by which it is imporTible, as Saint 
 JPaul faith, that he fhould play falfe with us ; fo that 
 though he may feem to treat us unjuftly here, yet hee 
 can and will recompence it happilier to us in an 
 other world, whereas dunghill Flies by his holy 
 will are not capable of another life : But the queftion 
 '^Whether God before the Law of t/?e G of pell did not 
 the fame thing which is here @bje$ed as myuft ? 
 
 6*. It is evident that God fpared not the very 
 Infants of the ftubborne Nat'ons : and though hee 
 faid he would not punifti thofe who were innocent in 
 Sodome together with the nocent, yet he flew the 
 children ; and ft ill punilhes the parents in their coil* 
 dren to the third and fourth generation : Yea, David 
 
 pronoun- 
 
(io 3 ) 
 
 pronounces a bleffing on them who (hall take the 
 young children of Babylon, and dafb their braines a- 
 gainft the ftones. Wherefore out of that which God 
 ic'fi&o hath done, wee may fafely conclude, That 
 though God hadflaine thofe ' in J\7iww> who knew 
 net the right hand from the left, yet hee would not 
 have been unjuft for that. 
 
 7 Arg. § 7. Abraham received no expreffe Com- 
 mand to fight with the foure Kings : yet God ex- 
 preily approved of it after the battell, and bleft him 
 (Brit 9 byJMeIckifedeci It remains then that Abra- 
 ham arm'd himfelfe by the CemmiiHon of Nature,or 
 by the light of naturall Equiry : Therefore all Warre 
 is not repugnant to the La wes of Nature. 
 
 Arg. 8. Ecele.%. Salomon faith there is a lea-- 
 fon fit for every thing. A time to kill, and a time f 
 heale ; a time to love, and a time to hate $ a time of 
 Warre, and a time of Peace. Therefore Warre is not 
 limply bad, nor contrary to the love which wee natu- 
 rally owe to our neighbour, no more then a fathers 
 beating his child is ajwayes an argument of an alie- 
 nated affection, or that a man abhorres himfelfe be- 
 caufe he now and then difmembers himfelfe 
 Ne fays facer a trahatur. 
 
 9. Arg. §8. God let the Ifraeittesz Militia, yet 
 numbers not up ail the occafions and caules which 
 might juftly move them to wage Warre. Therefore 
 itremaines that in naturall rex fon the caufes maj bee 
 eafily comprehended and found out by our felves. Such 
 as was ( according to Grains) Jepthes Warre for 
 maintaining his frontiers againft the Amonites, and 
 D«vidsiorhis Ambalfadours being abufed. It is not 
 againft naturall equity that a man Chould furler as 
 much as he made an other fufTer: Cain out of this 
 
 fenfe 
 
fence,gavc fentenee of death againft himfelfe, He yvho 
 jbaM find me mHfity me. 
 
 Seeing therefore warre was lawful! in Nature, and 
 under the Law, the maine difficulty now will be to 
 
 know— -* 
 
 Chap. II L 
 
 Whether all Warre be unlawfull by the 
 Law of the Golpell ? 
 
 § r* The Law of Nature how fare milter Able. 
 Why difficult to find out what the Law of 2^4- 
 ture u. 
 
 2 . CapitaUlnfiicefiill Uwfall. 
 
 3. How the UWagriflrate carries not thefword in 
 vaine. 
 
 4. 7 he durance of the judical! Law >in Judaea, tiff 
 Jerufaletn was destroyed. 
 
 5 • The Indict all haw not yet totally aboltfyt. 
 
 a. Whether they who have committed (ingle theft 
 and without violence ought tofuffer death? which 
 vtofi puni[habU)Adulteryfr fimple theft £ 
 
 7. Of the pure UWonarchies. 
 
 8. Th$necefity of^Magipacy % Whether Magi- 
 flracy fbould have been f hough man hadnotfaln} 
 tJSjnefifit to be a Magifirate as a Cbriftian, 
 
 1 1. 
 
O°0 
 
 i. T dare not be fo hardy as feme who fay, That the 
 1 Law of Nature is to intrinfically good, right and 
 reafonable, that it is immutable : io that as if warre 
 were once lawfull by the Law ©f Nature, for that 
 reafon it (hould of abfolute neceflitie fee (till under 
 the Law of the Goipell. For the Law ©f Nature 
 is unalterable only in what it com- Thc L » w of n«- 
 mands to be omitted or committed, not ««« how fat uu- 
 in what it permitted,that is ia Pr*ceptu 
 & vet it is , mn in medtis Ileitis. Thofe Pracepta & ve~ 
 tttA relate moft to the firft Table (and to the ninth 
 Commandement againft lying; where warre hath 
 not its place. For as there are many things relating 
 to God, which he cannot dif pence hi mi elf e from, io 
 there are many things relating to himf elfe, which he 
 cannot difpence us from. Thus we rauft ever worfhip 
 God in Spirit and Truth, becaufe he ever is both fpirit 
 and truth. But we know not what the wh dffi ufc ^ 
 Law of Nature is, becaufe we cannot find out whaAhc 
 benetrare reft am rationem. God at the f * w of NatnrC 
 aeginning nhed light into the world 
 without a Sunne ; but after deriv'd it from the gro/Te- 
 lefle of that Planet, perhaps totypific tw© things to 
 is: 
 
 Firify£<r Sabbath, that man fhould obfeive the firft 
 lay and light holily to his Creator abftra&ed and free 
 rom all fenfible actions , according to that Light 
 vhich derives not from Nature. 
 
 Secondly/^/ Light might fignifie the light of mans 
 nderftanding, which at firft was fill'd with inmied 
 nowlcdge only , and acquired or derived nothing 
 om fence, or from any created thing. For Adam 
 y fome of his firft afts, in the firft Sabbath day, chri- 
 
 ftened 
 
ftened (as I may fo fay) all the creatures with proper 
 and Significant names, as the true Godfather brought 
 them to him in their infancies : But when the Devils 
 ill breath had fullyed that cleare mirrour, then this 
 fupernaturall light was intercepted, and he left for 
 kalfe his time in night and darkneffe, and to begin his 
 fcience at fenle ; which is fo clouded and rounded 
 with mequatt medium's 9 that we rarely difcover 
 ftreight things other wife then in refra&ion, as O wers 
 in water, according to thedifteoiperjas^fd/fpeaks 
 of: 
 
 — Cum jam vertigine teftum 
 
 Ambulat, & geminU exfurgtt menfa Lucernis* 
 Every thing therefore fports with us now, as the Phi- 
 lifthims boyes and girles did with Sampfin after his 
 eyes were out : And as Noahs children had their Ma- 
 terials wip't out of their mouths, fo had we Natures 
 firft leflfcnsout of our memories, and lofing right rea- 
 fon,we loft the rules of our Aftions. Our Lawes de- 
 fine that of Nature thus ; Jus natura eft quodnatura 
 tmnia animalia docuit : But this is extreamly faulty 5 
 for it is hoth too large, and too narrow : It is too large y 
 in refpeft of the fubjett, becaufe it takes in irrational! 
 creatures, and too narrow, in refped: of the object, be- 
 caufe it comprehends only thofe ads which we have 
 in common with bealls, and not thofe which we have 
 properly as men. The modus cohndi Deum 3 or the 
 fever allwayes of dang homage or vajfalage to our Lord, 
 is a thing which God held alterable, and fo alwayes 
 did Nature : For God and Nature commanded the 
 fame thingsjthe Gentils who had not the 
 9w.z. 14, 15. L a w, doing by Nature the things contai 
 ned in the Law. So that Schlicktingitu faith ill, that 
 Lex Keligionis tollit legem nature* For though our 
 
 Re- 
 
<i°7) 
 
 Religion hath in it many things above Nature, yet it 
 hath nothing in it properly fo contrary to it, as to take 
 it away. What Nature faith concerning the Lawes of 
 the fecond Table is muchaltercable; "For if they be ac- 
 cording to Nature unalterable, and that God and Na- 
 ture goe together, then we fee evident contradiction. 
 God commanding Abraham to kill his innocent fon, 
 
 Si nm ut fmtem fait em ut vittimam y 
 and the Ifraelites to carry away, not the King of 
 jfcgypts goods, who had lo much wrong'd them (for 
 its likely they were not fo familiar as to borrow of 
 him) but the peoples. Thus therefore I prove that 
 fome warre is frill permitted under the Gofpell. 
 
 1 Arg> § 2. Gods primary interdict 
 of fhedding humane bloud,and his requi- cTpfcaiV iuiticc 
 ring it againe, is no more then what was ftlU lawf uil * 
 expreflely enjoyned in the fixth Commandement af- 
 terwards ; which Commandement after it was given, 
 was no impediment either to capitall punifhments, or 
 to warre : But that Commandement is not abrogated, 
 nor capital! J uftice now interdicted either by it or any 
 other injunction of charity, as afterwards will more 
 evidently appears. Therefore fome warre is (till lawfc- 
 full,which is nothing elfe but Capitall JultiCe ; and is 
 not the lefTe unlawfull, becaufe others forcibly oppofe 
 it, and make it calamitous thereby , But on the con- 
 trary. 
 
 2 Arg. Gods J uftice muft (till have controverfies 
 with the unrighteous ; and by the fame reafon that he 
 (till continues exterminating Angels, he continues the 
 power of the f word in the hands of Princes and Go- 
 vernors, for the vindication of that which was ever 
 morally binding, and by Gods approbation occ.alion'd 
 cruell warres even betwixt Jew and Jew. And if any 
 
 Ana- 
 
rios) 
 
 Analogicall collefticm be of force,we may coherently 
 inferre,That if God placed fire and fword at the entry 
 ei the earthly Paradife, to repulfe their entry who 
 would prophane it by adoring a falfe Deity > why then 
 may not his Church now be defended by the fame 
 neanes ? Chrifts hand lo accuftomed to give bleflings 
 and healings, was never arm'd to give ftripes but in 
 order to this. Not as if his intent was to force his Re- 
 ligioner any then to the Altars,but rather to fegragate 
 the impure Profcflbur from difturbing the pure *, for 
 they all profeft the fame God. All the twords and 
 whips in the world cannot conftraine a man to pre- 
 fent God the pure (acrifice of the heart ; Its Gods re- 
 served prerogative to move that by his fpirit in the 
 new Creation, as well as he did the indifpofed matfe 
 by it in the old. Freemen were never dragg'd to the 
 Altars, neither were thofe vi&ims 1 acrificed, which 
 led unquietly to the Temple. 
 
 3 ^ r l J*A.i8. 35>3&*. Pylate anfwered, thine 
 
 owne Nation and the chiefe Priefts have delivered 
 
 thee unto me; what haft thou done ? Jefes anfwered, 
 
 MyKingdome is not of this world : if my Kingdome 
 
 were of this world, then would my fervants fight,that 
 
 Jfhould not be delivered to the Jewcs. Chrift whofc 
 
 Lawes fymboliz'd not at all with thofe which relate 
 
 to the meum and tuum of this world, would not ieeke 
 
 the protection of them from earthly force. But withall 
 
 he clearly denotes this to us, That they 
 
 H ' 15 ' whofe rights and Kingdomes are of this 
 
 W©rld,may defend themfelves by this right of warre. 
 
 4 4rg* § 3. Kingly power is ftill lawfull, for Saint 
 
 „ ■ %M .. .Paul invited Nero and Kins^j 'frtppa 
 How the Magjft: a c , -« .„. , , . . & * rr 
 
 ca»»ics»otihc fword to the Chnltian raita 3 without any m- 
 invamc. timation that they ought thereby to 
 
derelinquifh their Crowns 5 but on the contrary that 
 they carried not the fword in vaine, which yet were 
 in vaine if they might not therewith have puniftitca- 
 pitall offences with death 5 and if fe, then by 
 juft couiequence profecute Juftice by War, om ' 13 ' 
 in which the worft is but death. 
 
 Ohj. To this argument there are two anfwers.- 
 Firit, that though execution be not done by the Ma- 
 gistrates (word at all, yet it may not be (aid to be car- 
 ried in vaine -, for it may be carried ad terror ens. Se- 
 condly, That Saint Paul tacitly diflwaded King A- 
 wrippa from exercifing any fan&ien of bloud 
 [in wiftiing him altogether fuch as himfelf e 3 ' 79 ' 
 was faving being in his bonds. 
 
 Anf To the firft I reply, that if all men certainly 
 <new that theMagiftrate would not,& durft not make 
 ife of his fword, then it would never be ad terrorem 
 o any j except to himfelre, becaufe according t© this 
 -aw any Rogue might take it from him, and execute 
 »im therwith mod fecurely. To the Second I anfwer, 
 hat that elegant piece of Saint Pauls Rhetorickis to 
 >e understood with a temper and according to his 
 cope, which was to perfwade King Agr/ppa to em- 
 race the Chriftian Faith. Otherwife it to be a Chri- 
 :ian were to be like Saint Paul in all things fave his 
 ©nds, then it were neceffary to bee of his Country, 
 is Towne, his Fam^ly,not married, and the like. 
 
 Arg. 5^4f-£hrift or his Apoftles by him, would 
 ave introdue'd fuch a ltrange Hate of living, as was 
 ever heard of before, undoubtedly he or they would 
 ave told us in exprcfle manner, That it wot now na 
 nger lawfull for any goverttours to judge of other 
 tns ItveS) and that upon paine of damnation art*es 
 
 wert 
 
( HO) 
 
 were no longer to bee borne. If Chrift among other 
 Myfteries brought from the bofome of the father, 
 fead commiflionto deliver this, furely he would have 
 fpoke boldly of it even to the faces or the Potentates 
 of the earth, and without mincing it, or of leaving 
 it to each mass particular logick to be deduced out 
 ©f the Analogy ©f1tisileiigion # e(pecially when there 
 arefuchftrong prefumtionsagainft fuch a dedu&ioa. 
 God put the rules of Religion and ©f Government 
 into Moyfes his hand at the fame time, and yet wic- 
 kedneffe could not then be reftrain'd by force, much 
 lefle can it be now without it. Here Schlichtingins 
 replieSjThat wickedneffe is beft reftrain'd by theLaws 
 ©f Chrift. 
 
 I anfwer, this is very true, but it falves not the 
 doubt. For it is here queftion'd what may bee done 
 by Governours, when de facto wickedneiTe is neither 
 reftrain'd by Chrifts Law'es, nor by any other confor- 
 mable to Chrifts. 
 
 ■Arg. 6. Paul fought a guard of Souldiers ; and 
 -^#.25.11. he faith of himfelfe, If I have commit- 
 ted any thing worthy of death, I refufe not to dieJ 
 Therefore Saint Paul thought, even after the Gofpellj 
 publiiht, that there were fosne crimes which might 
 yet be punilht by the Magiftrate with death. And it 
 hee had commiflion to declarehell to thofe whd 
 fliould doe capitall Juftice according to a law but im- 
 mediately before lawfull, then he would not have faid 
 that which was quite contrary to it, and fo have con- 
 firmed them in a damnable errour, at leaft by his fi- 
 lence when he was bound openly to fpeake the con- 
 trary. 
 
 -^rg-7* §.4. It cannot be (he wed by any indu&ton 
 
 oui 
 
(Ill) 
 
 out of the Scripture,That the Judiciall 
 taw of the Jewes Common- Wealth T^Suf^ 
 fwhich contained capital Punishments Iude » ** i<ruf a . 
 md Warre) did actually ceafe till Jtm- lcm was dcftro ^- 
 &/<?/» was deftroyed: And it was not cquall that it 
 Inould be in force with the Jews, after they ceas'd to 
 ilea people and (being made a Roman Province) 
 were without hope of freeing themf elves from that 
 government. Neither did Morfes, who wrote thofe 
 Lawes, prefix a terme of time to the durance or ex- 
 piring ©f them; Neither did Chrift or his Apoftles 
 (whofe very office it was to tell us all that would ex- 
 clude us from falvation ) ever ipeak of the expiring 
 of iucha Law; unlefle it were implicitly compre- 
 hended in Chnfts prophefie of the deftrudtion of >- 
 *mfrtem ; which was the expiring of the Jews Corn- 
 men wealth onely. But the quite contrary is moft ap- 
 parent : for after Chrift was afcended, and the Ho- 
 y-Ghoftwasdefcended, and that the Apoftles were 
 lent with fufficient inftrudions to teach all Nations 
 ill that which was fufficient to bring them to Hea- 
 ven I lay after all this, Saint Paul avowed the Tu- 
 diciall Law. For in his plea for his life 3 he 
 irgued, that he had done nothing againft Aa.**.*,*. 
 *e Law of the Jews, which was the Tti- Aa 
 iicialL And in another place he laid, the 
 High Pricft was then to give judgemeat according to 
 the Law of Moyfis, which ftill was the Judicial!, in 
 the difpenfation whereof the High Prieft was as a 
 Livill Judge. And Chrift came not to take away the 
 Law, but to fulfill iu by filling onely the Ritusll (bad- 
 do wes with his fubftance: A miracle which no bo- 
 dy but his could doc, to take away and not make a 
 maddo w . So that if their Law of government lafted 
 
 unblame- 
 
(112) 
 
 anblameable folong as their Commoa.Wealthftood, 
 aodthat theChriftian Religion « « was profeft by 
 the Apeules, after the defcentof the Holy-Gho.ftwas 
 as fufficient tobring men to Heaven asitis now.then 
 3am converted needed not at that time to have quit 
 their Magiftracy, neither ought they to have judged 
 otherwtfe then according tc ,tne Law o :*•&*> 
 which iwdgd of life and death, and or Wane. 
 
 ©V 3utitisobieaed,thatthe JfidiciaULawwas ; 
 abrogated by Chrift.becaufe he forbad thatwhichbe- 
 fore was lawfull by it; as in matter of divorce in 
 the number of Wives, in revenge or a tooth for a 
 tooth, in forbidding them to go to Law, &c. 
 
 AnC. Grottos thinks it enough to anfwer here/That 
 betwixtthofe Precepts andthe Law, there is no con- 
 tradiftion, no not contrariety, but onely a difference. 
 Tor hethat abfteinestrom divorce and revenge, and 
 the like, doth nothing againft the Law.nayfaee doth 
 that which the Law chiefly defires, in taking away 
 and reconciling differences : And thus it is that the 
 ftate of health is not repugnant to the nature or Phy- 
 Cck, But if Chria had faid, * u now n, longer l*»- 
 fuUtopmifhammhercr, then hee had (poke lorn- 
 {hing contrary to the Law, which faith, the Magi- 
 fS bound to punilh a murthercr, otherwife that 
 heisguihybroreGo^^ ftrengtfening ^principal! 
 
 Argument I conceive we may go a little farther then 
 
 £:fandiay wi th fome other Doftors (whofe argu- 
 this,and laywj^ ^ ^ .^^ ^ ^ ^ 
 
 Theiadiciaii verjetto taHr aMJht the JudtctM Lmt; 
 S; ^" but onely in thofe parts which were pro- 
 Mi*. p ertot hcJ<rn'«Comraon-Wealth > asthe 
 
 ex 4».». fteeing ot Hebrew Servants in the fe- 
 ° venth 
 
f«3) 
 Venthyear; The marriage of a Brothers &«**&#.' 
 Widow in cafe hee died without fonnes ; N umb. 3 <f.^ 
 And of maftriage betwixt thofe alwayes 
 who were ©f the fame Tribe. But it was not abo- 
 fifht in thoie things which are immutable and con- 
 cerne all Nations, and by reafon of the equity of 
 them, many learned men conceive that the Grxcian 
 Lawes were derived from thence, as from them the 
 1 2 Tables, and thence the Civill Law was deduced. 
 The reaian of the former is, Becaufe thofe things 
 which were peculiar to the Jewes cannot bee faid 
 common to the Government of all Chriftian people. 
 The reafon of the latter is, 
 
 Pirtt, Becaufe if all thofe Judiciall Lawes were 
 abrogated, then there are none left in the? word 
 of God; and if fo ; How then is it true that the word 
 of God contains perfectly the precepts of all Moral I 
 vermes ? "For according to this it would be deftitute 
 of ditlributive Juftice, andfobeimperfecT. 
 
 Secondly, it all Judiciall Lawes be aboliftit uni- 
 verfally, then there will be no certaine rule for pu- 
 nifhment, but according as each Magiftrate (hall 
 judge it juft or unjuft, lb he (bail doe and it will bea 
 juft ; So that if Adultery ftiaii be death in one Coun- 
 try, and not in an other, both will be jutt . 
 
 Thirdly, if they be all univerfaily aboliflit ; then 
 of theietwo one muft needs bee ; That God in the 
 new Tcftament Commanded not the Magiftrate to 
 punifa wickednefle (which is falfe R0.15.) Or if in 
 generail he commanded it and did not preicribe how 
 punifomenc (hould be proportioned to wickcdaefTe^ 
 he then kit it to the arbitray will of the Magiftrate. 
 But this is abfurde. For the Magiftrate as a man may 
 crre, and therefore it is not to be fisppos'd that God 
 
 I left 
 
fU4) 
 
 left it folely to his will. Bcfides, \yhcn the Magiftrate 
 (hall punifh, he muft needs doe it with a confciencc 
 doubting whether he hath proportioned his punifh- 
 ment rightly or no. But Rom* 14* 2 3. Whatever is done 
 with a fluctuating confciencc is ill done. 
 jE.euir.i4. i*- Upon this ground Mofes twice durft not 
 pronounce lentence on thole who were 
 great offenders. God hath prefcribed punf&ments 
 for his Church, and hath he none for States ? Is it bc- 
 caufe he would have that doe juftly and thefe net ? or 
 that he hath a care of his Church, and not of Com- 
 mon- weakhs,©f which he is Author? Some Politicians 
 have thought good to retaine fome parts and not 
 others of Mofes his Judiciall Law, even fuch as by a 
 common reafon relate to all men, and not to J ewes 
 particularly. Murther and Adultery were in that Law 
 equally punimt with death, but fimple theft was not. 
 However fome States have alter'd thefe parts of di- 
 vine and univerfall Juftice fo farre, as to make one of 
 thefe,which was by Gods order Capitall,not to be fo ; 
 and that which was not Gapitall, now to be fo. Yet 
 the fame States cannot pretend to be fo Legiflativc as 
 to make that no finne which was and is a finne, nor to 
 make it a leife finne ; How then can they juftly change 
 the punifhments which God ordered them ? 
 
 Fourthly, It is but congruous to conclude, that if 
 God have luch a care of Families, as to make Lawes 
 for the private focieties of HusbancTand Wife, of Pa- 
 rents and Children, of Matters and fervants, he hath 
 then provided Lawes for the regiment of publique 
 focieties, in the temper of publique lawes and punifh- 
 ments, which otherwise might become the grcatefl: 
 injuftice. 
 
 Oh. It is obje&ed, That Mofes his Lawes are not 
 
 fitted 
 
(trr) 
 
 fitted to determine all thofe cafes which may now 
 happen. 
 
 Anf. Ianfwer, That God thought them fufflcient 
 f©r the accidents and time of the Jewes Common- 
 wealth, which was 1600 yeares ; and 
 
 « , , ... Deut t i<7. 0,10,1 1. 
 
 how can any man prove that the like ' 
 
 cafes hapned not then in that long time which hap- 
 pen ordinarily now? A Law is a rule,and if the Author 
 of it be perfectly wife, perfectly juft, and perfectly 
 good, then his rule cannot but be likewife perfecl. 
 Though it be granted that all cafes are not defin'd by 
 Mofes expreflely, yet the perfection of his Lawes re- 
 quires, that we fay no cafe can now happen which 
 may not be determined by ibme Analogy with that 
 which is expreft; of things which are alikejtke equity 
 and judgement ought to be alike. For example, Exa. 
 21. 33,34. If a man {Kail dig a pit,and not cover it,and 
 an Oxe or an Afle foall fall therein, the owner of the 
 pit (hall make it good, but the dead beaft (hall be his. 
 But what if a horfe or a iheep (which is not named/ 
 fhould fall therein? From the analogy it is eafie to con- 
 clude the equity. 
 
 Ob, It may be againe obj e<5ted, That the Gofpel 
 doth not abolifh particular Common- wealths ; there 
 fore it permits each State its owne Lawes, and there- 
 fore our Magiftrates are not oblig'd to Gods Judicial! 
 Lawes. s 
 
 Anf. Ianfwer, That as the Gofpell aboliflies not 
 the (everall ftates of men, but corrects and refoimes 
 them, fo doth it not abolifh, but correct and reformc 
 States and Magiftrates, ^^.14.3,4, 
 
 For prefllng the further confequence of this Argu- 
 ment, I fhall propound this queftion 5 
 
 C^ueft. §»(?. Whether they who have committed fim- 
 1 2 fte 
 
(116) 
 pie theft >and without violence, ought t * fujfer death ? 
 
 Gods Judiciall Law permitted it not 5 but modern© 
 States thinke that that Law now would not be equi- 
 table, and therefore ought not to oblige. :Fontis,fay 
 they,an ordinary rule or Juftice, That wtckednejfe in-> 
 ereafwg, pnnijhmmsfhnUhkswifi he proportionally 
 
 increafed* , 
 
 In Davids time the children of Ifraei had chang d 
 (o much horn their former fimplicity,that he then dif- 
 penc'tbimfelfe from the letter of the Judiciall Law : 
 Tor when the Prophet Nathan told him, that a rich 
 man had taken from a poore his only lambe, he pre- 
 fently gave fentcnce that the rich man flaould dye, and 
 reftore the lambe fourefold. 
 
 Anf. To all this I aniwer:Pm%that if God thought 
 it once juftice that they who committed Ample theft 
 fhouid not dye, then it is againft the ordinary rule of 
 equity that they now (hould dye, only by humane 
 authority : Juftitiaenim femper fequitur partem mitt- 
 
 orem* 
 
 Secondlyjf punishments may be io exafperated and 
 heightned, that that which was not 
 which moftpunifli- capital! before, may juftly become 
 
 ff t fcArfL ry ^ C a P ital1 n0 W 5 theP n0 reafon CaB bC 
 
 aliedged, why theeves (hould now 
 fuffer death.and fornicators not. 
 
 The Commandement which forbids dealing a mans 
 roods, follows that which forbids dealing away his 
 honour : and good reafon for it 5 becaufe he is to leave 
 all goods and relations to maintaine the poffeffion of 
 
 Thirdly, it is ill fuppos'd that the (innes of thefe 
 
 times exceed thofe of the Ancients, both in quantity 
 
 and quality. Gods punifhment on Sodom andGo- 
 
 n morrah, 
 
0*7) 
 
 morrab, and ©f the univcrfall deluge, argues the con- 
 trary : Moreover our Saviour exaggerating the I- 
 niquitics of the laft times,faith they fhall be like thofe 
 of Noah and Lot . 
 
 The inftance in Davids palTIonate fentence proves 
 nothing : Hee gave fenr.enca of death againft ail 
 Nabals houfe, which was not therefore juft. Neither 
 was that given againft Mephibofeth more % 
 equitable, whofe fervant raifinformed Da- 
 vid on purpofe to fhare in his Matters eftate. 
 
 Befidesit was mppos'd to have been, not a fimple 
 theft, but a theft with violence and rapine, and there- 
 fore David might ;uftly give fentence of death upon 
 the theefe. Wherefore the encreafe of the fame 
 impieties encreafes the fame punilriment according 
 to the fame quantitie extensively enely, and not ac- 
 cording to the quality or intenfively. For it is not the 
 number of offenders, but the quality of the offence 
 which proportions punifhments. Out of all this it 
 followes, That Chrifts Laws took away thefe of 
 Moyfcs only in thofe reipe#s, whereby Jew was fe- 
 parated from Geniilt, that io place might bee made 
 for the extension of a Catholique Church, and for an 
 univerfall Communion of Saints. Thofe 
 things therefore which are of intrinficall J 00*11.13,14. 
 honefty and piety, and which are com- 
 mon to ail men in tne J udiciall Law, are ftill in force, 
 and by that confequence lb is Capital^ Puniihment 
 and Warre. 
 
 8. Arg. §.7. Thefoure great Monarchies which 
 ruled in the word" were by Gods lawiuil appoint- 
 ment 5 and according to the Prophet Darnel, the 
 laft fhall ftand to the worlds end, and till the Saints 
 of Chrift porTefle that Kingdome of his which en- 
 I 3 dures 
 
(US) 
 
 dures for ever and ever, I> ^.7.21,22. Forout ofthe 
 ten Homes, ( or Provinces^ which were in the head 
 of the laftbeaft for Monarchy) ^.24. another Home 
 (hallarife ( the Turks) and {hall make three Homes 
 or Provinces fall,which are according to interpreters, 
 Egjft, A fa and Greece^ Hee&iall fpeak great words 
 againft the mod high, ( in his Blafphemy againft 
 Quiff) and thinke to change times and Lawes, (by 
 his new Religion) and becaufe the loles of his teet 
 are of Iron therefore he (hall ftand till the laft, and all 
 the time of hisraigne (hall maintaineWarre againfl; 
 the Saints, which Warre cannot bee fuppos'd but 
 where thers is mutuall oppofition ; and yet during 
 this mutuall oppofition the ProfefTours of Chrifts Re* 
 ligion may continue Saints, v. 2 1. And B*v t 1 7. 1 6. 
 Tfeefe Saints (hall exercife a bloudy Victory over the 
 Whore of Babylon. By all which it is evident, that 
 fome Warre isftill lawfull under the Chriftian Reli- 
 gion, and {hall be (o till the worlds ende 
 
 9.jirg. § 8. Out of tha fourth Argument it was 
 
 prov'd, That the magistrates duty was not to carry 
 
 thefwordinvaine. But becaufe fome fay 
 
 If e a ne M^7 ^ at x ^ w ^° are y et PiG ^ artner tilen na ~ 
 ftrax. L asl- ture, may perhaps have need of iuch a 
 
 Magiftrate, and hee confequently have 
 
 need of fuch a fword j but they vyho have renew'd 
 
 natures, and are above Lawes arid Ordinances (as 
 
 true Chriftians in their fenfe are) have no need of a- 
 
 ny Magiftrate, and confequently no need of any 
 
 fword ; Therefore here I fhall (hew that none is io 
 
 proper to be aMagiltrate as a Chriftian; and defire 
 
 thofe who pretend to be fo refined as if they had no 
 
 bodies f but pretend to be as Moyfes and Eltas in the 
 
 transfiguration) that they would humble themfelves 
 
 by. 
 
(II*) 
 
 by the 7 lh of the Romans, where they fhall fee Saint 
 P aul (not as an Individuum vagum % or an unregene- 
 rate perion) irf>lam Carnall, not that he was onely 
 heretofore Caraall ; and v. 24, hee cries out, Who 
 fhall deliver me from the body of this death ? v*zi % 
 hee faith ftill of himfelfe (as regenerated) / dehght- 
 in the Law of God after the inward man. 
 
 I (hall not here difpute Whether it he congruous 
 that Maviftracy (hould have been T _ ' 
 
 , , « J . / J r . „ , Whether Mngifira- 
 
 t hough man had not fall'* : much may cv fli >uid have b csn 
 be faid in the affirmative 5 for it's ^§ h man had noc 
 power is grounded on what is natu- 
 rall and moral! . Secondly, man here is to beeconfi- 
 der'd more as a fociable then as a finf ull creature : and 
 a retraining or intimidating power in fociety, is more 
 commendable in preventing, then in after- correcting 
 finfull acts, Laftly, there is animpreflion of this pow- 
 er naturally in the hearts of all men. It is not enough 
 to object here, Thac man could not have been any 
 way intimidated unleffe he bad finned firft ; For that 
 {cems to call in doubt the force of God's firft Law, 
 The day thou eatefi thereof thou jhalt [urely die : ill 
 which words there was a threat, which would have 
 been without effed, if Adam then fttould have been 
 without a fenfe or apprehenfion of it. The morall and 
 (landing ground of Magistracy is in the Fifth and 
 Eighth Commdements 3 Honour thy Father, and 
 Thou (halt not fteale. 
 
 The Qualification which God under " K * n s- IO - $• 
 the I/s w made of a Magistrate wasfuch N ,, ne r,> fir to bee 
 as UftsftiR, Exod. 1 8. 21. Thou (halt a Magiftracc a> a 
 provide out of all the feople able men, 
 fuch as feare Cjod y men of truth, hating Covetonf- 
 neffe y andplace fuck ever the people to be Rulers. But 
 1 4 what 
 
(120) 
 
 what is there which foftri&ly recommends and en- 
 joynesthefe vermes as the ChriftianReligien? which 
 by the promifes of a better life deprefles in us the tu- 
 mours of ambition & avarice, which are the feeds of 
 all pubiique troubles, one taking to© much, the other 
 giving too little. Our new Law therefore moftrea- 
 fonably pedVades our Magiftrates 5 like Samuel, when 
 they are leaving their charges,confidently 
 jsam 12. 3,4. tQ aske their ( u b jea. Sj whether they have 
 
 oppreffed ©r defrauded any of them ©f an Oxe or an 
 Aife ? Tor this were a theft worfe then facriledgc, as 
 Guevara faith, Ante s tomaria lo de los temples t que uo 
 lo de los pueblos ; for que Jo uno es de los immortales 
 diofistf lootroes de los plebejospobres^ which lSjthat he 
 had ..?:her take from the gods then from the poore, 
 becaafe the gods were immortall and unexhauftible. 
 If any inconveniency in government arife, there was 
 never assy thing found out fo proper to perfwade. peo- 
 ple to a patienduffering it, as the Chriftian Religion. 
 Other States permitted theft (as the Lacedemonians) 
 Adulteries, Incefts, Murtherings of thof e who were 
 born with deformities, and of old unferviceable pco» 
 pie, which makes me conclude with the 
 M*ttfc.i5- Gofpel,that the wife of this world,are the 
 blinde who lead the bhnde into the precipice $ and 
 that to enjoy a happy government, we fhould receive 
 ©»r orders from God, who i Tim.i.i.haxh given us 
 Princes,tfeat for the bonum animale we may live qui- 
 etly, and for the bommfpiritmle holily, under their 
 prote&ions. 
 
 Chap. 
 
(121) 
 
 Chap. IV. 
 Objections and Anfwers. 
 
 §i. The Chriftian Religion why not revealed al- 
 together by our Saviour. 
 
 2. Of Chrifts and Moyfes bis Lawesin order to 
 \ the caufe and the effect of finne. Of loving 
 
 our Enemies. 
 
 3. Of the lews Enemies . Ofunequalllove. 
 
 4. Of Retaliation^ and of an eye for an eye. Pub- 
 lique vindication offome private injur ^ not 
 unlawfully the Law of the Gofpel. 
 
 5. Why the private retaliation of fomeblowss un- 
 just. How clemency and punifhmmt gu cengru- 
 oh fly together. 
 
 6. What Revenge is. 
 
 7. Qur dijpofitions to Enmity and Amity, The 
 convenience of our being borne impotent \ Why 
 there are more Enmities then Vnions. Why 
 Religion proper to make more Vnions then En- 
 mities, v 
 
 8 . Whether eye for ey e be equitable. 
 
 9. Concerning killing for Religion 5 and why wee 
 may more peremptorily flay men now for Civill 
 then for Religious caufes. Civill rights eafilj 
 known e. 
 
 jo. Qf the repentance of Ulia/efaffors. 
 
 11. 
 
(t%2) 
 
 If. Concerning Peters fhtething hisfmti. 
 12. The Conclufion, ferfrvading not without ex- 
 treme nccefiity tomakeufe of the naked (word. 
 
 THus farre I have endeavoured to make cleare, 
 that if Chrifts purpofe had been to take away 
 Warre and Capitall punifhments, hee or his Apoftles 
 would have declared it in expreffe termes ; in regard 
 of the coniequence of fuch a command, and of the 
 newneffe of it : And fomueh the rather, becaufe no 
 Jew could imagine, but that Moyfes his Judiciall 
 Lawes in things of common equity fliould Hand in 
 Judta, fo long as the Judiciall Common-Wealth 
 fhould ft and. 
 
 However SchlittmgiHs and the reft ©f his Tribe 
 objed ; Tfeat though Warre be not exprefly, yet it is 
 vertuaily forbid by our Saviour ; as being totally re- 
 pugnant to the ^Analogy of his Religion^ and to the 
 Oieonomy of his Crejfe : That our Saviour Matt.2%. 
 2,3. faid, The Scribes and Pharifees iat in Moyfes 
 feat, therefore what fo ever they bad thofe of that 
 time do,he commanded likewife that they fhould (till 
 obferve and doe it : For thofe times (fay they) were 
 not yet nervous enough to beare all that which hee 
 brought from the bofome of his Fattier. 
 
 1. As he dif covered not himfelfe fully till within 
 Thee three yearesof his death, fo did hee 
 
 ligion why not rp- not his Do& rine till hee alcended and 
 V' o? alro§crhcr had acquired Regall Authority to 
 make and abrogate Laws. Hee confi- 
 der'd the capacity of his infant Church, and would 
 not that new Wine fbould hee -put into old Bottels, for 
 
 feare 
 
fearc of breaking them. This made the Apoftlcs 
 themfelves even after his Afcenfion remaine yet a 
 good while half e Judicially and adhere tocircumci- 
 tion and other rights ; as if it were right which the 
 Law faith, Qui latte nutritur pars vifeerttm matris 
 adhuc cenfetur. Moyfes comming directly from God 
 out of the Mount (hin'd in the peoples eyes like a fe- 
 cond Sunne, and therefore could not prefeatly bee 
 lookt on, but through the Ecliple of a Vaile. How- 
 ever (fay they ) our Saviour in his Sermons upon the 
 Mount (Mdt.chapt.$.6,j)fa\d enough to prove the 
 incompatibility of his lpirit with the ranke and Car- 
 nail tpirit of Warre. 
 
 Obp § z. For there we are exprefly commanded 
 to love our Enemies, and to pray for thofe who carfe 
 and perfecute us. Therefore it not being now law- 
 full for us to have any Enemies, it is as little lawfull 
 for us to have any Warre. 
 
 Anfi As I can f uppofe a defenfive Warre, againft 
 which charity can make no exception, (o I prefume 
 that the Analogy of the Chrtftian Religion can no 
 more except againft it, then againft Juftice. And be- 
 caufe many objections are rais'd out of our Saviours 
 Sermons, Mat.chapt. 5,6,7. therefore I judge it ne- 
 ceflary here to premife, That our Saviour really ne- 
 ver intended to take away, butexa&ly to fulfill, both 
 by his example arid precept, that which was morall 
 in the Law of Mojtfes, Mat. 7.17,1 8. It is faid, Jer. 
 3 1 5 3 i 3 3i>33r^4* #<?£. 8.5,i2. Atk. -13.^8, p. That 
 the time (hould come that God would put his Lawe-s 
 into every mans mind, and write them in every mans 
 heart \ and all men (liould know him ; For bee would 
 be mere/full to their unrighteoufneffe, and remember 
 their finnes no more. This promiic farre exceeded 
 
 thofe 
 
thofe of Moyfes in the way of expiating our finaes 5 
 for every man now in every place carries about with 
 him bis facriflce in his o wne heart, which being ham- 
 bled by faith md repentance makes (atficient expia- 
 tion; wheras before it could be done only in oneTown 
 of the world, Jerufalem % and through many perplext 
 or chft a an< * c ^ ar § ea ^ e ceremonies. Moyfes his 
 Motfelu™* Law diftinguiOit not fo exadly of the 
 in otdcr co the caH f e and of theeffeft of Rnns % as Cbrifts 
 
 caufc and to . J _.. J _ r JJ . . J . J * , 
 
 theeffeftoffin. doth ; The Caufe is the heart, where it is 
 conceived fas well as it is the expiating 
 facriflce afterwards through Chrift^) but of that, as of 
 all internail adrs, the Jewes made leaft account, and 
 were moft felicitous about the externall and mod 
 manifeft effects, as relating to the cognizance of a 
 humane and pcnali Tribunall. But Chrift who was to 
 perfeft us by a more perfed Law and promife tels 
 US, that to God the caufes are as mamfeft as the ejfetts, 
 and therefore that we have before him committed A- 
 dultery if we admit the luftfull thought, and murther 
 if we nourifo anger or malice in our hearts. All theie 
 and the like Moyfes ( whole lawes concern'd the ie- 
 verall kindes or our a&ions) forbad, but not in the 
 fame degree and punifhment that our Saviour did. 
 
 If the fubftance of the Lawconfiftcd moft in love, 
 then our Saviour gave an extraordinary augmentation 
 to it in extending it to the Enemies of the Jewes ; 
 for the Law was flreightned onely in the exercife of 
 charitj;The enemies which our Saviour here fpoke of 
 to the Jewes were of two forts. 
 
 Firft,They who were derived from the Amorites, 
 
 Hhtites, and Jebufites^ whom the Chii- 
 
 Encmies^" dren of Jfrael were at their firfl planting 
 
 to deftroy, but utterly did not > and on 
 
 whom 
 
whom the Kings of 7/r^/alwayes levied tribute of 
 bond-fervice, i King.?* 20,21. 
 
 Secondly, They of all parts ©f the world who 
 were not circumcifcd. By the renting of the Tem- 
 ple veile thefe diftincTions were taken awayl; and 
 many of thole Cananifts, and the others a happily con- 
 verted to the Faith, were not for their old quarrells, 
 ftilltobe perfecuted with hatred by the Jewes- for 
 that might probably beget afterwards a greater con- 
 teiapt of thcmfelves &$de fatto it hathfince all the 
 Chriftian world over. Our Saviour therefore juftly 
 preft this command ( as all other which concern'd 
 the extent of Charity ) ftri&ly on the J ewes ; for 
 their Law was moil defediye in that, and them(elves 
 were moft tenacious to the worldly efteem> and ad- 
 vantages gathered upon Grangers from that defecT; 
 and for want of fuch a diffufive vertue as Charity, 
 Chrifts doctrine in a humane morall way could not 
 have had fo free a propagation. 
 
 But though all the world beat this time fe near z 
 kin through the bloud of Chrift, yet the courfe of Ju- 
 diciall Law ought no more now to be fuppos'd forbid 
 thereby, then it was before betwixt Jew and Jew 
 who were brethren. For it being granted that love 
 is to be exercifed in a larger degree then 
 before, yet it is (till to be with fomeine- L OV c" c<lua 
 quallity or difproportion, according to the 
 diftin&ions of focieties, chap. 1. Beyond all doubt, 
 all men are not to be lov'd alike, we are to bee tende- 
 rer of our Parents then of others ; next of thole who 
 are ©f the houfaold of faith ; then, that the good of 
 the innocent be preferred before the good of the no- 
 cent. Out ©f which unequall fort of love Warre and 
 Cipitall Juftice is founded. Wee are bound to love 
 
 our 
 
(126) 
 
 our enemies according to Gods eiamptei whofe Siiri 
 equally ftiines on the juftand unj'uft, and yet for all 
 that, be punches the wicked here, and willpunifh 
 them worfe hereafter. Some therefore may (till be 
 reputed our lawfull enemies } if the conditions of j'u- 
 ftice, unequal! love, and revenge except not againft 
 us. 
 
 2 Ob, § 4. Mat.^ 38, Ye have heard an eye for an 
 eye, and a tooth for a tooth ; but I fay unto you refifl: 
 Hot an injury } but to him who ftrikes one cheeke turne 
 the other : Therefore we are no longer to repell in- 
 juries, neither publiquely nor privately, and confe- 
 quently not to goe to warre. 
 
 Anf. I anfwer, That though God would not have 
 us given to fuch an unnaturall thing as revenge, yet he 
 would not have us j'uftifie diforder and cruelty ; fuch 
 as one wretched Philifthim might with fport adt 
 upon a world of SamffoKs if we were obliged tamely 
 to let him put out all our eye$,or dafti out all our teeth: 
 After which we ftiould not be well able either to beg 
 er eat our bread. 
 
 Frangendus mifero gingiva fattis inermi. Juv. 
 
 The Italians fay, Qhi It fa pecora.tl lupo la mangia » 
 He who makes himfelfe aftieep, a Woolfe willpre- 
 iently devoure him. This were a doflrine furely much 
 to the Devils advantage,and therefore we ought to be 
 tender in the confequences of it, left, becaule that we 
 arcobiig'd to martyrdome in the particular cafe of 
 our Religion (there where the Magnate and King- 
 dome beleeve not the Word of God) we conclude, 
 that innocence and Innocents are in all other occafi- 
 ons and places to be abandon'd ; which is to magnifk 
 Goals clemency to fuch a height, as to take away his 
 jufticc : whereas indeed there may be a lenity* which 
 
 effe&ually 
 
(»7) 
 
 effectually may be cruelty. Wherefore in doubtfull 
 interpretations we are to follow that which drawes 
 the leaft inconvenience, efpecially if other Texts fa- 
 vour it afterwards. Upon which ground I con- 
 clude, 
 
 Firft, That the perfon here fpoke ,. . 
 
 • n • t. • Publique vindication 
 
 tobyour Saviour, is the fnvateyer- of fo J c private Jn . 
 Con injured, whafe fence provokes J"*» e * ™* unlawful! 
 
 #_• * *.t- i. -^ i_- u i_ t- b* the Law of the 
 
 him to that revenge which the pub- Gofpeii. 
 lique Magiftrate muft needs be void 
 | of. Secondly, he fpeaks not of every injury, but of a 
 blow which neither wounds mr difmembers* It is evi- 
 dent that our Saviour,by thofe words intended not for 
 ever after to abrogate the courfe of publique Juftice. 
 For at his owne tryali afterwards before fylatc % when 
 aftander by (mote him (in the manner here men- 
 tioned) on the chetke, he did not filently turne the 
 other, but immediately reprehended the injurer, fay- 
 l i n g \ If J have fpoken evilt, be are witnejfe of the eviU ; 
 but if well y why fmitefi thou me ? J0h.18.23. Out of 
 which words it appeares, Firft, That, our Saviour 
 thought not himfelf e oblig'd to receive a fecond blow 
 before he reprehended the ftriker for the firft. Second- 
 ly, That he conceiv'd it then la wfull to forme actions 
 before publique Magiftrates^in cafe of doing orfpeak- 
 ing eviU : Forbearing of witneffejs in order to the 
 Magiftrates judgement. As if our Saviour fhould have 
 (aid j Whyfmitefi thou me ? feeing we are both before 
 the fubliejue Magiftrate^ who is to heare and to take 
 witftejfe of all the evill which is done orjpake . Where- 
 fore by thofe words here objected, and which ear 
 Saviour (poke in the Mount fome yeares before his 
 triall, he did not underftand, That we might not by a 
 third publique perfon calmely refill important inju- 
 ries : 
 
CW3 
 
 ries: Neither did Saint P^/,long after the Afcenfioni 
 (when the Christian Religion was perfectly declared ) 
 judge it centra Qiconomiam cruris* He faith,the Plain- 
 tifs among the faithful! (who might 
 i £W. *>*,$& c h u fe whom they would to be their 
 Judges)did il,having private controversies with other 
 Christians, to goe to heathenifh Confciences and Tri- 
 bunals. The Israelites were never in fo little fecu- 
 ritie, as when they were faine to goe to the Philif- 
 thims to whet their (words. Wherefore Saint Paul 
 only chang'd the J udges, laying ; If ye have any mat- 
 ter agtiinft one mother in things pertaining to this hfe 
 fand arenqMVjw* publco) rather then to goe to In- 
 fidels for private juft tee, fet them to judge who are ieafi 
 efteemsd in the Ch*rsh. Thus feeing Courts of Ju- 
 ftice, impleadings, Magi(trates s and unequall|Love,are 
 ftiUlawfiillithercforc we may publiqaely refift injuries 
 ftiil, in fach a way as Shews we are not poifoned or 
 tainted with revenge* 
 
 Inft. That whichfeems mod to perplexe the Text 
 (here objected) is the particle BUT. For Some un- 
 derstand the Text thus : By the Law of Retaliation, 
 and by the hand of a Magistrate ye have heard, a tooth 
 forauoth, BUT Kay unto you,refiftnot fuch injuries 
 by the hand of a Magistrate, BUT rather privately 
 take injury upon injury : where(fay they)the particle 
 BUT in both places doth by two degrees in the fame 
 kind diminish negatively, that which before was per- 
 mitted. So that if the Retaliation before was under- 
 stood to have been made by the Magistrate, then the 
 prohibitions of reflating afterwards, were meant in 
 refilling by the Magistrate like wife jtheref ore lay they, 
 we are neither publiqaely nor privately now to refift 
 
 injuries at all. 
 
 Anf% 
 
^»f. §.?. To this I reply; That the refifter here 
 can be no other then the private perfon 
 injured: becaufethe forbearance of re- wc/ieLihS 
 taliation injoya'd in the Text, refpeds oi J°^ c blowcs 
 him and the ftriker immediately after unju ' 
 his firft blow, at which inftant Mojfes Laws (which 
 (as is cleared by the former argument) were moft dc- 
 i eclive in charity) permitted the party injured a pre- 
 sent returne of injury, as the CivillLaw did, advi- 
 tandam feenndam fercufflonem, quia in dttbio is qui fe- 
 cit infultum habet animum refercutiendi* But becaufe 
 nature hardly digefts the firft blow while (he is heated 
 with it, and that heat feldome doth Juftice, 6ut tranf- 
 ports both the one and the other refifter farther then 
 they at firft perhaps intended 
 
 Iram atq\ animos a crimine fumnnt* Juve. 
 
 Therefore our Saviour ( who came to make the 
 Law perfecl in chanty) commands rather that wee 
 would turne the other cheek to receive a fecond 
 blow, then vindicate the firft with private rancour, 
 if we remit our wrongs to the Madftrate „ _, 
 
 , °, 11 -r- , How Clemen- 
 
 he (not having our perfonall pailions Jean cy an d F uni<h- 
 
 doe Juftice with pref ervation of charity, ™ nt s° to ^- 
 becaufe he being oblig'd in all his fenten- 
 ces to incline to that which is moft favourable for the 
 | delinquent, his pumjhments neceffarilj have aflream of 
 ! Clemency alwayes running through them : So that it 
 is not contrary to charity to have recourfe to the cha- 
 ritable Magiitrate, as our Saviour and Saint Paul by 
 their Examples and words allow. 
 
 6. But in all this it is to be well ©bferved, that nei- 
 | ther ofthem countenance any re vengefull retaliation. 
 What therefore is revenge } Some fay whacRcvcnoC i>, 
 revenge is when there is more in the 
 
 K punilh- 
 
"(130..) 
 
 punifhment then was in the fault : But this is not 
 unnatuiall or unjuft, becaufe there us no reafon that 
 the innocents and noeents faff erings (hould be a ike, 
 for then, prniiftunents would not bee foeffecluaU to 
 tcnifie others 9 nor to give future fecurity to innoce nee. 
 Schlichtingtw defines it thus-, Vindttt* eftjtn* 
 q u& nnlUm vcram injuria aut damn Matt cemfenjatio- 
 nem contimi -, revenge is a funtjhment which contains 
 noreai comvenfauonof an injury or of harme done ; as 
 of an eye for an eye, a tooth for a tooth : but this de- 
 finition is not peifcft* and is too negative; Seneca 
 comes fomewhat ckarlierto it when hee defines it 
 VindtBa eft voluntas inhumana , qu& 
 
 Scn.dc tcaaan ^.^ kl&VHT fudii* »nd the Poet 
 
 likewife, when he 'kith. 
 Invidiofa dabit minimus Sohth fanguts. juve. 
 Revenue therefore is properly anialolent delight 
 in the (offerings or palnes of another, whom wee 
 judge to have injured us, which paines tefiding in the 
 perion of the fafferer, are not naturally fitted to pro- 
 duce a contrary tenfe of joy in the perfon ef aftan- 
 der by, nor to transfcrrc any reall profit to him m t*e 
 way of compenlation; and therefore it is no part 
 of luftice, and conf equently is unlawful Juftice re- 
 presents a malefactours paines to us, not to excite 
 adiehtbutfcarc, Ut ytna unim fit metmrntdtoxum. 
 The paines and difeates of others naturally Commu- 
 nicate themfelves more then their joyes and heaitns 
 can: Neither hath any maniuch a high fenfeot joy 
 as of paine, from whence, the greateft refentments 
 ought to be of paine. 
 
 Bum (pettant Ufos oculi, Uduntur & tffi. 
 Nay, man is not able to ftan d his joy es 5 for fome 
 times there are fach profufions of the heart as kill 
 
 imme- 
 
r*sO 
 
 immediately ; and a laugh may be fo hearty as to 
 draw teares along with it in the eye : which is y 
 becaufe nature comming out of imperfedion and 
 nothing, carries alwayes along with it feife a dif- 
 pofition to mine, and a Porta Sabina t treacherouf- 
 ly to let in a thouiand Enemies upon us. From the 
 juft appreheniion of which wee conclude, that if 
 rhey who take a delight in the pleating 
 and fenfuall (innes of others, o&end 
 more then thole others who commit them (be- 
 caufe they cannot plead fuch a violence oJ'er'd to 
 iheir fenfes asthefecanj then they who raiie a de- 
 light out of the faines of others, are more blame- 
 able then the former, or then they who upon paf- 
 fion or fury inflid tfaofe paines on the furFerers. 
 Wherefore revenge feems to bee even beyond in- 
 juftice ; for this ordinarily aimes at fome politive 
 convenience either in- fecurity, profit or honour, 
 though it be by the ruing of another $ but the acl 
 of revenge begings when all this is ionQ 4 and in* 
 fults like Tarquins Queen, who when her father 
 Kjng 'S.TkIUus was murthered and throwne into 
 theftreets, fhee drove her Charriotover his bo- 
 dy, at which fight her horfes were frighted, but 
 fhe fat fixt as in a Triumph, Super cruentum pa- 
 tranjVetta carpenro, coifiermtos eq%os eg/t* Mo. 
 
 This was that which made the Iweet in Cata- 
 lim banquet, in which he and his complices drank 
 a Round in their owne blo©ds $ anaeTfaid to bee 
 very homd y were tt n$t for the caufe which was 
 more horrid, 
 
 7. As for Enmities ( which are OurdifpofitioM 
 tome fteps and conveyances to Re- Aspity. 
 
 K 2 venge) 
 
(13*) 
 
 venge) we are difpos'd to them, before wee arc 
 borne, and continue them after wee are dead, 
 and all without contraction : For Jacob and 
 Efau quarrell'd in their mothers wombe, and as 
 foon as tbey had received their fignatnres. The 
 Learned Cujacins miffing preferment in his ©wne 
 Towneoi Thofoufe> and the late Duke of Rohan 
 receiving many diiobligations at Court, concurred 
 both (perhaps accidentally^ in this one Epitapn, 
 which they would have their aftics alwayes hold 
 out as a flag of defiance, the one at Biurges, the 
 other at Geneva. 
 
 Ingratap Atria ne ojfa quidem hah bit. 
 Yet Nature difpoles us powerfully to Amity: 
 for the feeblenede and indigence of 
 The convenience new-borne Infants hath this good 
 
 oF our being born . - , , . ° 
 
 impotent. in it, that they are thereby imme- 
 
 diately ingaged to love their pa- 
 rents who oneiy provide for them.— Or* volat 
 fleno mater jejuna ; and confequently to have a 
 recipiocailcare of their Parents feebleneffe, when 
 old age (hall feize on them ; befides, Children are 
 by their native impotencies inured to obedience, 
 and thereby fitted for fociety, and in this union na- 
 ture leaves them : Policy afterwards feekes to 
 itrengthen it by the Allyances of marriage, kin- 
 reds, arts, commerce, &c. Then comes Religion 
 whieh feeks to cover all the others defects and 
 difference! , reducing us to the unity of our be- 
 ginning and of oar en J. Yet for all this, Love is not 
 fecured nor fortified enough; for thofegencrall 
 caafes produce contrary effe&s wheo they are ap- 
 plied to the particular conditions of men, as the 
 
 Sun 
 
(133) 
 Sunne doth , when it produces Wh ? thcre . as * 
 
 •m r . . r t l more Enmities thco 
 
 Foyian 10 one place of the earth, vnion*. 
 and an Antidote in an other : Be- 
 fides, Policy hath multiplied the objects of our 
 love by the goods of opinion, and reafon ordinari- 
 ly is debancht away by fence, and every part of the 
 body is made of contraries; and without them, 
 would not be able to keep ©ur heat alive, to co-ad, 
 or move from place to place;yea,nature hath'made 
 us with the fame inclinations to the fame things, 
 which we cannot all poffelfe together. From all 
 which we may juftly conclude, That there nrnft 
 needs be more Enmities then Unions in the world, 
 and that many wili draw matter of hatred out 
 of that, which another will take to bee a Prin- 
 ciple of Love. 
 
 Sapiens rifum ubi ftu/ttu iram coltigit* Put, 
 But as a little winde eaiily defeats 
 thofc Armies which are form'd in ma kL mo«°v- 
 theaire by the accidental! incoun- ni ? n . $ thcn Ea - 
 :ers of Clouds, even fo the fpirit of 
 grace working in the heart of a Chriftian, eafi- 
 y difpels all thofe cruelties which the fumes of our 
 Daflions may raife in us againft our Enemies .• A 
 generous dog will not turne againft thole little 
 >nes which alwayes run barking after him, neither 
 hould we be alarm'd at every peeviih injury .Our 
 enmities therefore ordinarily come from a mixt 
 
 rinciple, in refpeft of our Naturall and Civili 
 late, and through our different pretentions in the 
 
 ommerce of the world ; But our Amity comes 
 t-rongell from Nature, with which it is very in- 
 imately allyed, and therefore ought to be the oyle 
 K3 to 
 
to fwim at top whcnfoever any other vapour of 
 choler would rife up to put us into a tempeft. Moft 
 equall therefore it is that wee fhould bee ready to 
 love our very Enemies, to turne the other cheek, 
 rather then by private and immediate retaliation 
 hunt after a revenge, and fo> readily to give the o- 
 therqcat, which is a covering onely of another 
 covering, Lex ensm nen curat de minimis. Yet 
 this love on one hand muft be without imputation 
 of crueltie on the other, , and for frare ©f difplea- 
 fing the theefe I muft not let him fecurely diipoiie 
 the Orphelin of alihisfubfiftence, left I be worfe 
 then an Infideil. Equity therefore looks to Equali- 
 ty both in quantity and quality, and when one fcale 
 is defrauded to fway the other, it fets it right and 
 moderates it againe , and this temper is a pious 
 Peace, 
 
 Duos dtquato examine Lances feftinet. Vir. 
 
 Oh'}. § . 8. Schltchtingttis ob j efts that there is 
 no equity or equality in a tooch for a 
 wHcthcreya tooth, an eye for an eye, a blow for a 
 EqaSy! " blow ; for in this reftitution, that which 
 is taken from the one, is not reftored 
 to the other, but 'both one and the other have lefle 
 then they had before. One mans eye will not fit 
 an other mans head, nor one mans tooth an other 
 mans mouth. 
 
 § Anf. I know not what this concludes, fave, 
 that fuch a kinde of retaliation is intrinficaliy a- 
 gainft Equity and the nature of Compenfatien 5 
 But then it condemnes this Law among Jewes 
 (which is impious^ as well as among Chrifti- 
 aas, and fo concladcs nothing againftthe prefent 
 
 quell ion, 
 
0*5) 
 
 qucftiofi, bat leaves us in the fame Jaftice which 
 the Jewes had before Chrifts time ; which indeed 
 is Dtodats and other interpreters opinion upon 
 ,EW.i 1.24. and that eye for eye, tooth for tooth 
 were onely phrafes to fignifie in generall, That pu* 
 ni(hments ought to bee proportioned to offences. 
 They are to be taken literally, no more Muth ^ % : 
 then Saint Mathew's command for pal- 
 ling out our own eyes, and cutting off our hands. 
 Of thefe Laws therefore we (hall lay as the Civill 
 Law faith of (ome other, Valeant eo modo quo va- 
 lerefojfmt, However I diftinguifti betwixt Eq ui- 
 ty which is generally Compehfation which is more 
 f articular j not but that I conceive Equity is 
 where compenfation is, but that equity may ex- 
 tend further, and bee there where compenfation 
 casnot be applied. Though an eye for an eye bee 
 againlt compenfation in particular, yet if it were 
 infii&edit would not be againft Equity in general, 
 becaufe it might preferve other eyes, not yet pnt 
 our,by repreienting the torture of the malefactors 
 eye. Capitall Julfcice which was inftituted by 
 God, was more for the affrightment of otheis, 
 then for the amendment of the futferers, as in 
 Ananias md Safhira, Corah and Dathan, &c 
 
 Saint Paul's advice and Limitation of this Text 
 is fitted t© conclude this Argument, £<?*».i2. 18,10. 
 If it beepojfible, and, as muchM lieth in you y have 
 pace wit hall men : as if he ihould have faid, It is 
 fejjlbleyou may be confiraind to breaks the bond of 
 teace 9 but let not that mceffuy come from you, and 
 thenyoufhallbe guiltlejfe, and Ephe.4.26. Bee an- 
 gry but linne not .• diicountenance injuftice and 
 K 4 impiety, 
 
r 03O 
 
 impiety, butfo, as to be alwayes difpos'd to en- 
 tertain e peace. 
 
 Idem facts er is me iiufque beUi. Hor. 
 @bj. §. 9. Under the Law Dw.ij. They 
 were not fo peremptorily commanded to go to war 
 in vindication of their owne rights , as they were 
 to war agdinft thofe who profeft falfe Religions ; 
 and the caies of War were not fpecificd,but the ca- 
 fes of falfe- worfhip were, as being (uperiour to 
 all other interefts But now under the Gofpell we 
 are forbid the greater, which is to flay thofe of 
 falfe Religions; therefore wee are forbid the 
 leffe, which is to flay in Warre for iome private 
 injuftice ofr'er'd us. 
 
 A. To this I anfwer, That though the Apo- 
 
 6cri«kiiia« ftles in planting the Ciolpel had no 
 
 fj^RcuSfn, 1 a"§ dired CommifTion to kill, but to 
 
 why we may more h c w to lave Idolaters, yet when 
 
 peremptorily, flay - * . , i « • 
 
 men no* for chi, they met with notable interrupti- 
 l }™ fo» Ecdefia- on from thofe who profeft Rehgi- 
 ©n, but were not faithful! to it, they 
 proceeded to high puniftiments , as in Ananias, 
 Saphyraund 8lymas y who endeavoured to hinder 
 the Proconfuls conversion, Aft. 1 5 . By the Law of 
 Eeut.i$. The Israelites might have ftoned an 
 lAtgyfttan, who at Jtrufalem fhould have perfwa- 
 ded any to worship his Country Idols, when per- 
 haps it was cot lawfull whil'ft they liv'd among 
 the ts£gyptia*s, and the Idols themfelves,at which 
 time the Jfraelttes were not Magiftrates arfiong 
 them. Even io, if any man flaeuld allure us to 
 a worfhip contrary to the light of nature, no que- 
 ftioo but the Magiftrate is ftill ©blig'd to puni£h and 
 reftrainfacha perverter. 
 
 But 
 
d37) 
 
 But every difference in Religion, makes not an 
 other Religion. For the Pharifees, Sadaces and 
 Effcns, though they differ'd in high points which 
 theLawfpoke not clearly to,yet they went altoge- 
 ther to the fame Altars, and Sacrirlcesjand tor that 
 reafon were not thrown out of the Tcmple.Aa re- 
 ligions are now commonly difference and cail'd, 
 we may fay, that it is harder now to know which 
 are the falfe,then was anciently ; and a civill er- 
 rour or offence is more certainly knowne then a 
 Theologicall, and lo may be more peremptorily 
 puniflit by us. Heretofore all Religion was ex- 
 preitin a conformity to vifible Ceremonies, but 
 now God will be ferv'd by that which is written 
 retiredly in the heart, Jer. 3 1. and demands that, 
 as an inward faciflce. Of thofe who transforms 
 themfelves into Angels of light, there is no out- 
 ward chara&er whereby wee might bee able to 
 diftinguifti of them , fo that no wonder if they 
 may almoft deceive the very lle£V. Therefore 
 in toure refpe&s it is dangerous rigidly to pumfh 
 (in perion or eftate^peaceable diffenters inReligi- 
 on thus difference and understood. 
 
 Firft, In regard of the falhbleneffe of judge- 
 ment^ that which we may judge now Hereticall. 
 For that at one time hath been judged Hercticall, 
 which at another hath been efteemed Orthodox ; 
 and moft men living are ingag'd to their Religi- 
 ons and Fonts when they know nothing at all. 
 
 Secondly, In regard of theHeretique or dif- 
 ienter himielfe, how hee is affc&ed wkhin : wee 
 know not who die well, nor who die ill : God 
 (onely) knowes his owne, 2 Tim, 2.1. 
 
 , Thirdly, 
 
d3 8 ) 
 
 Thirdly, in regard of the future event, whether 
 that which is how tares, may not afterwards be- 
 come wheat 5 for by hearing, a man may come 
 to change his opinion, Nolite ante tempus judica- 
 ta, i Gor.4.5. 
 
 Fourthly, In regard of others, left puniftiment 
 thus infli&ed on fome, make not others either hy- 
 pocrits or more obftinate. 
 
 Butasfor humane rights and injuries they are 
 „ .„ . , earlier known , and therefore the 
 
 Civill rights C«- ^t n i 
 
 fflyknoSn. Magistrate may be more peremptory 
 in punifhing them. Hence Gallio the 
 Deputy of Ackaia % Aft. 18. 12,13,14. anfwerei 
 pertinently to the J ewes, when they brought Paul 
 before him for teaching a worQiip contrary to the 
 Law 3 If *t were a matter of wrong or wicked lewd- 
 neffe % O yeejerves % reafon w&uld that Ijhould be are 
 yeith you ? Likewife the Towne-Clerkeof Ephe- 
 fus t ABt.x 9.38.39. prudently advertiz'd the peo- 
 ple in their uproar about Paul's preaching, faying, 
 If yee have a matter againft any man, the Law u 
 of en, and there are Deputies, let them implead one 
 another : hut if yee enquire any thing abeut other 
 matter s t it (hah be determined in a lawful ajfe?nbly : 
 Wherefore Paul in a Civill caufe and as man, 
 rightly appealed to C&far, and in a divine as a Chri- 
 (Han, to God, who referves a day of judgement to 
 account for all that which we as his iervants have 
 done, or have omitted to doe to others for his fake. 
 Hee who thinks himfelfe competent enough to 
 judge of this here, is Nrmis curiofm m altena re- 
 public a t and will doe well to remember what 
 Saint ?*#/ faith to him> Kom.i^, What art thou 
 
 that 
 
03P) 
 
 thdt judgeft another mans fervant f To hu #ww 
 Mtiftcr hee ftandeth or fdUeth* The evidence of 
 the Ctiriftian Religion depends on the evidence 
 ©f the Hiftory of fad ; as of Chrifts being in the 
 world, of bis Refurre&ion, Afcenfion, &c. bat 
 thefe cannot be clearly evidenc'f to % m, but by the 
 fpirit of God, which he lends not mtc the heart of 
 every man for reaionsfecret to himfelft?, in J for 
 which we cannot fafcly undertake to afflidfc ©r kill 
 any man here. 
 
 Oby 3 • §10. Schlichtt fi^ius ob j ec"b, That the 
 depriving a malefactor of his life, deprives him of 
 Repentance, and that deprives him of Heaven 2 
 whereas Chrift came not to fake away, but to (e- 
 cure and fave the lives of men. Therefore Warre 
 is againft the law of the Gofpell. 
 
 A. To this I anfwer, That we can- Gf the repen- 
 
 .. , j ii tanceof male- 
 
 not tell when men doe really repent, fa^ .. 
 although they might have time e- 
 nough : Nay, they will be very few who will fay 
 they have time enough, by reafon of the terrour 
 and diffractions of death. Moreover G©d him- 
 felfe doth not alwayes remit ail punifriraent to 
 thofe who repentand (eek him in teares, witne/Te 
 Efau and David: and feme there are 3 who are fo 
 hardned, that time cannot mend them, wherefore 
 the foone. they ceafe to do il,the better.U(ually ma- 
 giftrates allow a convenient fpace of time for the 
 reconciling of a foul to God 5 and thothey did not 
 give any quantity of time, yet a little time well 
 qualified may be enough for that act ; One good 
 moment is enough to convey a (oule to Heaven, 
 witneffe the theefe on the Crofle. For as they are 
 
 the 
 
(14®) 
 
 the Iaft and th« fmaUeft touches of the pencill, 
 whichgivelifctothe pifture: even fo they arc 
 the laft, though the (horteftcompunaiens, which 
 reftore life to the dying foule. ^ v _ - 
 
 Obj. Wee are to imitate Chaft who dyed tor 
 the had as well as for the good . 
 
 A> Ianfwer t TfaatChrift died, not as having 
 beenobligcdto it by a Law, but by a voluntary con- 
 tra<ft with his father. Without doubt God having 
 more right in our lives, then wee have our felves, 
 eeuid have obliged us patiently to be kill d upon 
 any occafion, rather then to kill, but that wee here 
 dcny,andisnowtheQueftion. 
 
 Obi §ii. Chtift bad Peter put up the iword, 
 therefore it is not lawfull forChriftianstodrawit 
 
 1 Jnf, I anfwer, That it is lawfull for us to pray 
 one for another : but after wee 
 Concerning p«m know God's abfolute decree againft 
 Scathing of hi$ ( uc |j a t |iing, we may not pray him 
 to give it us. Our Saviour told Pe- 
 ter \fi the company of others, that Gods decree 
 W as,himfelfe feould fuffer at JeMmget Peter 
 after the knowledge of this from Chnfts divine 
 mouth, told him it (kouid not be, whereupon our 
 Saviour juftly call'd him Sathan, as in Saint John. 
 After this, When our Saviour had told his Difci- 
 ples, that the houre was now come according to 
 Gods determine will, Piter agaitx ^was ifo vaine 
 as to promife him protedion by his f word, which 
 asit wasoppofitetoGod'sdecree, toonr Saviour 
 would not make ufe of it, no nor of Legions of 
 An-eb. Wherefore the force of this objeftion 
 AU » fhewes 
 
C*40 
 
 flic we* onely, that there may be an occafion when 
 a raatunay not warrantably draw his fword, which 
 is very true, but not to the purpofe. 
 
 12. But upon what caufes a man 
 may draw his fword, or make War, fC r%^ l\°£>l 
 is not the fcope of this difcourfc, without extreme 
 which is deduced out of a War al- Sr^^ufe r 5 
 ready formed ; and by which I ^ er ^ kcd 
 hope it is now proved, that (ome 
 Warre may be lawfull both by the Lawes of Na- 
 ture and of Chrift ; though I confeffe hee may 
 doebeft, who doth not alwayes exercife the ut- 
 moft of that right which is permitted him. The 
 unmarried condition, according to Saint Pan/, is 
 more commendable then the married , yet jt is 
 lawfull to marry : Even fo a juft vindication of an 
 injury is (till permitted , but patience is more 
 commendable, efpecally, when in Warre wee are 
 for the moft part aflifted by fo deform'd a paflion 
 as Puh/ijue impatience, ( which is the ordinary 
 complexion or Warre) and when the injuries 
 complained of, hinder not our particular fociety 
 with the injurers,nor the generall order of the fo- 
 ciety it felfc. TokillaFlie upon a mans forehead 
 we are not to knock out his braines^ but in the 
 tranfport of paffion wee may eafily (as it were J 
 runne away with our {'elves. 
 Fertur eijnis aurtga. nee audit currtis habenas. Vir. 
 
 'Tisthis and Revenge which poifons Jaftice, 
 even as Nero's debauchc and foulc body did the 
 (acred fountain of Mars, in which he had the im- 
 pudence to bathe himfelfe immediatly after his 
 rioting. Vtciebatnr fotus facros & e&remcniam 
 
 led 
 
(14*) 
 loci tcto corf ore folttijfe. Tacit^ 
 
 But howmuch happier are they who trie their 
 ftrengths by bearing the heavieft burthens, and 
 though fpurr'd by the quick i enfe of their owne 
 Lufts,yet flic not headily oat.Something there is in 
 
 * xiannaging of the beft offensive War which is 
 
 t x afing to God, otherwiie hee would not have 
 
 j^cepted againft Davids Zcale for building him a 
 
 rtfe, onely becaule he had been a man accufto- 
 fHed to fhed bloud ; for the battailes which hee 
 fought were faid to bee the Lords. Humility and 
 xneeknefTe of lpiric 9 with our arfifting to carry 
 one anothecs burthens, to be oft in duft and afhes, 
 will ( if it be poiTible) give us that peace here 
 which wilnot traverfe our better repofe hereafter, 
 *~ me Fhyfitians doubt not but if the Diamond 
 could be pouderM as well asAlablafter, it would 
 be as good an Antidote as it, and not operate with 
 fuchpoifon? even io if wee could reduce our af- 
 fections by a fincere mortification and humility, 
 vVce'flaouid not onely bee void of Venome our 
 felves, but have a prefervative or an Amuletum 
 againft others who would taint us. A fmall thing 
 ©ft-timeshath the power to redrefle a great incon- 
 venience, yea, to take up a cruel! feud, as Virgil 
 faith of that of Bees when they are a&ually in- 
 £«iged in battaile. 
 
 Hi motus antinomm, atq\ hdc certaminatama, 
 Tnlvcris exigui jattucowfreffa qttiefcHnt. 
 
 Godlineffe with content is great gainc .• Jacob 
 till hee had built God an houfe defired no more of 
 
 him^ 
 
(Hi) 
 
 him then bread to eat, and ray merit to cover rm- 
 
 kedneffe, Gen. 28. 20. By all which wee may fee 
 
 hewsmch of our rights wee ©ught to forgoe, 
 
 before we come to the naked fword, in which 
 
 Tragedy as the Italians (ay, Ci bifegns ejfere ffetttr 
 
 tori deU* altrui tvorte, O fpettacolo deBa no 
 
 W« ffluft either be fpeclatours of o- 
 
 ther mens deaths, or fpc» 
 
 clacks of our 
 
 owne. 
 
 FIJ^IS.