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 ^fl i 
 
OF THE 
 Confufions and Revolutions 
 
 GOVERMENTS. 
 
 Wherein is examined, 
 
 How farre a man may lawfully con- 
 
 orme to the Powers and Commands of 
 thofe who with various fucceffes hold King- 
 domes divided by Civlll or Forraignc 
 V/arrs. 
 
 Whether it be 
 
 i. In paying Taxes*- 
 ,2 . In ferfonall Service, 
 '3 . In Talking oppofite Oathes. 
 4. In atnans giving bimfelfe up to a f nail Allegiance jin 
 cafe the Warn end to the advantage of that Tftotr 
 or Tarty Vtbub isfuppofed unjuft. 
 
 Likewifc 
 
 •Whether the Nature of Warre be inconfiftcnt with 
 the Precepts of the Chriftian Religion ? 
 
 Three parts, with fcverall Additions. 
 
 By A n t : Ascham, Gent. 
 
 LONDON, 
 1 printed by W, Wilfon, dwelling in WeUyaril^S 
 neere Smitbfield* 164.9. 4vft£y ^ r ^X ' 
 
 1 ' v *-* *■ - ' ' £» " k 4^T ! ' y , 
 1 /L.~yz /^//fcjy? *»-*-» -■" 
 
Preface to the 
 
 READER 
 
 F J might have enjoyed St. Au- 
 
 guftines wifh 5 d//d tat/'e feett 
 
 Rome in its glory 5 itponld 
 
 have been only to have heard 
 
 the great Kirgs of the world 
 
 like private perfons (Et fepo- 
 
 fitis fceptris) exammd and plead, pro & coa- 
 
 tra, at the Senate-barre, about the due admini* 
 
 Jiration of their Rvy all f unit ions. 
 
 For there was a true f over aignejurlsdiUioi?, 
 andto be admired \ if the Senate it felf had l becn 
 free from mifgovernments, depopulations ^ and 
 ufurpation. But as the overboyUng of their am~ 
 bitionfieditfdfe over the whole earth, fothc 
 fghs andgroanes ofEaji and Weft met and ec- 
 chod perpetually betwixt their walls : And if it 
 had been likewise poffibh 3 that all the blond 
 which by their Qowmijjlonf was drawnefrom 
 thtftdes ofmankinde, could have met at Rome, 
 thefource was capacious enough to have made 
 
 J 2 a 
 
a River paffe before their Senate-door e t as big 
 as their Tiber : Thus they cofnmerct with the 
 people 5 but Csefar afterwards by a Commiffion 
 icrived from hijnf elf e> made the people all the 
 world over , and the Senate likewije pay tri- 
 bute to him 5 For which he repaid againe no lejfc 
 then his owne life 0$ a tribute due to them. Here 
 therefore I fhatl be fo bold, in the Peoples be- 
 halfe efpecially , as to examine both Caefar and 
 the Senate 3 that is, I fl) all lay the fafts of fu- 
 premeji powers to the rules of right , and not 
 their fads only, but our owne alfo , as we are 
 all moved, or rather hurried by their rapid mo- 
 tions. The originall and inherent rights of the 
 f octet y of manhjnde, is that which I her ef ear ch 
 after, not thofe rights of this or thatCountrey 
 {of which there is no determined end, no not 
 betwixt the Lawyers of any one dominion^ 
 that fo finding out, and afterwards holding to 
 our owne native Rights as men 5 we mayhefure 
 we doe others no wrongs Subje&s, be it either 
 in ailing with them, or dijj'enting from them. 
 
 Thejiory of this Age is in no degree propor- 
 tionate to thefe difcourfes, becaufe it k not a- 
 ny way fo calamitous as that of our forefathers 
 under the difputes of the Red and white Rofes. 
 There I fee true confujiens and revolutions in 
 Government $ the fame men invading one ano- 
 ther, now for this party, by and by for the ether, 
 and after that for a t bird) and an avowing of 
 
 right 
 
m 
 
 right in all \ the conferences only of thofe men 
 we cannot fee •«, but to judge of them aright, I 
 fhallin thefe difcourfes change the Scene , and 
 putourfelves into their places. Thkwe know 
 by Proverbe , that he who js afraid of leaves 
 sughtnbttogoeinto a Forrefi : fo ought not we 
 into any aBionjfvoe fcruple at the leaji circum- 
 fiance: for by Oefars favour (who was farre 
 from the complexion of a b ogling Cafuifi) Sa- 
 tius eft cavere Temper, quamperire femel. I 
 conceive that they who were not thefirfi movers 
 of thofe calamitous con fufions , but were after- 
 wards by aflrift necejfity involvd in them, had 
 a larger liberty and right then ordinarily any 
 party would allow them, which ever fayes, that 
 in all things we may in conference aff onely one 
 way. Wherefore I have made it mytaketofhew 
 in the two firB parts, how fome conferences in 
 thofe tempefiuour times, like our Albion rocks, 
 might on every fide have rejijied the waves they 
 were beaten with, yet have beene never the 
 blacker* 
 
 ihe Chymijis remedies Jlirring the fpirits 
 of a dying body all at once, make afudden re- 
 covery of the patient, yet beeaufe they fpend 
 them) elves without a fupply, thofe remedies 
 difpofe the body to afudden death : Thus the 
 lampe which is confuming its laji drop, bur net 
 brighreji, yet goes out fuddenly like light nlhg 5 
 f j Such cures as thofe what valuable effefts do they 
 
 pro- 
 
produce ? In like manner what advantage is it 
 to have deducd out of the former parts,aMo- 
 ralland Civill Latitude for the defence of our 
 pirfons and fortunes, if Christianity difarme 
 us totally ? This were by vtrtuz of the firji parts 
 tofteke to preferve our lives a little, but pre- 
 fently after' to dye a worfe death by the laji , in 
 which it is examined, Whether the Nature 
 of all Warrebe ineeefiftent with the Nature 
 oftheChriftian Religion ? as Erafmus /# fox 
 querela pads & Schliftingius contra Grotium 
 & Meifnerum, and other Socinians, would po- 
 ftively perfwade us. 
 
 The magnificent ejl triumphs did cert ainely 
 by a reflexion reprefent to fome eyes nothing 
 hut horror : becaufe they were alwaiespropor-, 
 tioned to the extent of defolat ion t brought on 
 thofe who had thefoules and faces of men. But 
 policy hath need of all its Jiratagems to con- 
 found the judgement ofafouldier,byexceJfive 
 praifes, recompences and triumps^thdtfo the o- 
 pinion of wounds And ofwodden leggs, might 
 raife in him a greater ejieeme of himjelfe, then 
 ifhehadanintirebody. Jo allure others,fome- 
 thing a! fo muji bee found out to cover wounds] 
 and the afrightments of death handfomely^ andy 
 without this, a Qefar in his Triumph, with all 
 his Garlands andMufich^ would looks but like a] 
 ViUime. But what forrow of heart isu to fee 
 pajfionateman, araye of Divinity, and the joy 
 
 of 
 
of Angels frourgd thus with his own fcorpions? 
 and fo fondly to give him f elf e alarums in the 
 midft of his innocent contentments , as they did 
 who were in the midft of their recreations in the 
 The atre of Tarenturn. the ch olericknejje of 
 j ffi [wperby the tufttull heate of \o many hearts 
 p isYedoubled^) ftirrs up the lees of a Common- 
 wealth* as a tempefb doth weeds and flinty f ede- 
 m ent from the b o ttome to the topoftmSea^ 
 whic h afterwards driven to th e foore , tog ether 
 withlis fdame^ there cover. spearlh and preci- 
 ous {tones , wherefore' here likewife ffhall en- , 
 (feavour to fhew how wee may weather outfuch 
 Jiormes^ in the midft offo manyfwordsfinde 
 an inculpata tutela, which may with as little 
 contradiUion pajje through moti opp >c fit ions 3 at 
 Clemency may through m^Ji punifhments. When 
 Carthage was befieged there was ufe even of, 
 womens haire to make ropes for engines : I 
 know I do not contribute muchjlrength to thefe 
 difficulties ^neither conceive I my felfe a Pilot 
 dexterous enough for fuch a Sea. All that lean 
 hope for in this difcourfe (Reader) is^ that my 
 ef capes or fault s D like thofe which are found in 
 the cuts of Diamonds^ willpajfe the eajllier un- 
 difcerned under the ri'chnefte of their fubjeff- 
 matter^ or at leafi under the richnejjeofyour 
 goodnelfe. 
 
 The 
 
THc Reader may be pleated to undeftand,that this 
 Difcourfe was made Publique, long before any 
 J^&sjchange of Governement was undertaken here , and 
 /therefore could not by any obliquity point at that; 
 which it could not then by any meanes fee. Plato 
 faith. There are certaine (eafons for our comprehen- 
 ding fome certaine truths, which we cannot under- 
 ftand nor digelt, till we arrive to that Age which is 
 particular tofthem. I hope, tho the feuds of thefe laft 
 feven yeares warres, have been as the fewell of Ndu- 
 cbtdnezars furnace, to heate & inflame our mindes fe*> 
 ven times hotter then they were before, yet fo much 
 Reafon may move in us ftill, as to render fome of 
 thefe truths feafonable both to our underftandings 
 and Obedience. l&~i i*^l'JZy -£&— H*dt£ 
 
 t cA <if*tn -t/^t^nrr^c/ed k*^Z 
 
 -t/uj ryuLrAfi- < £^ JT* 
 
( I ) 
 
 (hn<fc{hffiJ*iT}0ifo<hffi' (TxninQxhvxni,* .crow- 
 
 The firft Part :,1! 
 
 Wherein is examined generally 
 
 in what things, and how farre a man 
 
 may lawfully conforme to the power and 
 
 commands of thofe who hold a King- 
 dome divided by Civill Warre. 
 
 Chap. i. 
 The hiftoricall occafion and ftateofthe 
 Queftion. 
 
 $. i . The caufes of right wherefore hard to refolve. 
 
 2. The re a fens wherefore men determine not eafily the cafes 
 of Civ W war, 
 
 3 . Of each mans Soveraigne Allegiance to himfelfe* 
 
 4. No war can be made without the exercife of an a&foluti 
 • power for the time during, 
 
 $. Abfolutenefie of power wherein it conjifts. 
 
 Here can be only three confederations of the 
 ftate of Warre. 
 
 Firft, In its beginning ; Secondly, In its 
 continuance, which is moft properly its 
 _ ftate ; And Thirdly, in its end: from 
 thefe/anie three Queftions. 
 
 Firft, What may be the Origihall and Juftifiabie cau- 
 fes of a mans forming a party inthe beginning of a War. 
 Secondly,-. How farre a man ma T lawfully fubmit to> 
 mdobeyoppofite parties, during the confuhons of Was 
 
 dually formed and introduced? ^ . u ■ 
 
 B Thirdly, 
 
(* ) 
 
 v , What may be lawfull for a man to fubmit to 
 
 i.e inue of a V Varre , which may end to the ad- 
 
 ige of him who by unjuft force hath pofleft himfelfe 
 
 jothcrs rieht ? 
 
 hele two latter fall into the compafle of this difcourfe. 
 ?1 he firft is a Queftion apart, to which though much may 
 belaid, yet I hold not the knowledge of 'it foneceffary 
 for thofe who are the Acbfri, and of the rank of the peo- 
 ple to whom I now fpcakc. Theie are the Anvillon 
 which all forts of Hammers difcharge thcmfclves ; they 
 feldome or never begin a V Varre, but arc all concenr'd in 
 it after it is begun : Beiides, the difficulties of it arc not 
 lb great as of theie two latter, for the people /eldome 
 know the fecretcauies of the beginning of a Warre, 
 (which if knowne would quickly take away doubtings) 
 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 doeintheftateand 
 w.inding uf> of a Warre introduced by others, which 
 would not have beene fo for diem in its begriming : fo 
 that though by accident they may begin to putthem- 
 felves into fiich a Warre , yet they cannot be faid to be- 
 gin the Warre, or a/lift to its beginning. 1 aftly ', that 
 ijiieftion growes not naturally out of the yiftoricall 
 ground and occafton of this Treatife, as prefently will 
 appeare. 
 
 Our Consciences more then our capacities fliould put us 
 upon the fearch of theie two Capital! dif Hcukies, that fo 
 ifoccafionfhould be, we might the fteadiiier itand thole 
 fhraights and blows of a fortune to which humane con-* 
 dition lies open, in the Revolution and confuiion of Go- 
 vernments. 
 
 Our forefathers above one hundred yeares agoc were 
 above twenty yeares in examining the fecond queftion, 
 and about fbure yeares in the thkd.Henry the Sixth being 
 bv force of Warre depoied (after folemn Oathes of Al- 
 legiance, both of Parliaments and people) to'^jake way 
 for Ectoard the Fourth ; who againe, a' ter the like O aths 
 smd Allegiance engaged to him;was as ibkainly^and by 
 
 the 
 
(3 ) 
 
 * theiamefateof me fworddepofedforHfwry the Sixths 
 right, who after nine yeares imprifonmentwas re-crow- 
 ned, and after fix moneths Raine was againe forcibly 
 depofedforfVftiw^trie Fourth and ftabbaby his Bro- 
 ther Richard Duke of Gloucefier , together with Prince 
 Edward King Henry's Sonne, upon his returnefrom Frame 
 for his Fathers reliefe. Thole two Kings, like the gods 
 which the Romans tooke in their enemies Countries, 
 were fcmetimes led in triumph, and fometimes adored. 
 But that which was fbmewhat blacker then all this was 
 the Duke of GlouceBers murthering his two Nephews, 
 the young King and his Brother, Maluit enim rapere im- 
 perium quam expetfare. Yet notwithstanding, particular 
 men (according to the calamity of thofe times 'were by 
 Oathes and Allegiance forc't to fiibmit to this Injuftice ; 
 which after another bloudy Warre had its change, and 
 after 24. yeares confufions and revolutions ended peace- 
 ably in theperibn of Henry the Seventh. 
 
 Here we fee what thole Confciences confbrd to in 
 point of fa&, which usually receives its motives from in- 
 teieftorfeare,tiiew^dyW<i permitting no niceneffepfv- 
 bedience, I 
 
 Sett. 1. But neither then nor fince hath it been declard 
 unto us what in iuch cafes is lawful 1 to doe in matter of 
 right : Every prefent pow er, whether eftablifht or 
 ftruglingtobeeltabhlht, haying this intereft , that they 
 who de fatlo are under their power , ihouldnotjuring 
 tnat'time preiume to q uertiori their Right ; It being fome 
 hjnde of Victory already gained , to baVe gairid the repute of 
 the better caufe. 
 
 Sett. 2. Many other queftions han^ upon thefe, whicli 
 are all the difriculter because the fubject ofthem which is 
 Civill Warre, confilts in confufion, in which the mindes 
 ofmen are floting and divided, according to the variety 
 of fuccefles and divifions which Armies make in the 
 places where they and their whole i ubftance are fallen in- 
 to their p^flefsion. 
 
 Sett. 3. And let men argue at as much eate as they 
 pleaic, yet it is cejtaine, that no man is offucji a captiva- 
 
 B.2 ccd 
 
(4; 
 
 e ^d Allegiance, as by reafbn of it to engage him/elfe to a 
 party, beleeving upon the engagement that he frtall bee 
 certainely deftroyed in it. There is nothing in the skin 
 (as they lay) which will not doe its belt to favc it : And 
 he muft be a rare E xample who makes not his Iaft refb- 
 lution for his owne life, or fubfiftence, which is equiva- 
 lent to life ; And therefore t he valianteft and molt ftn6t- 
 ly oblig d TroopsJtick not to aske quar ter , when they 
 cannotdefenlTtnemlelves any longer, and are juftified 
 for it, even by thole for whom they fwore to die. 
 
 Our Saviour ipeakes of a time when a man will /ell 
 allhehathforafword: And we reade of thofe whoa 
 long time ador'd and kift a Goddeffe faftned to an Cake 
 in a Grove; but when that Tree was ready to fall, no 
 one would come widiin the fh i dow of her ftatue. And 
 as it is natu rall for particu lars thus to conf ult for them - 
 lelye$Vb lsl t as'natW'a'll forjhofeA TOggWjiich have the 
 (Ticlpa rticu lalM their poifeision s : W ftererore thouglun 
 "thole caleTwee may lament our owne miseries, yet wee 
 ou^ht not to wonder , that a ll mafter-powratakclucinn - 
 terefijn their owne prefurvations,as to ujeaJlmeamesjttat 
 y^recoy ^r not a power to betray them , 
 
 4 TThjs confideration obli ge s even thoje (who per- 
 haps figfittohavel^^ toexerciferoratim e 
 *hat Law wfiica inde ed is tnetharpe tt,^ .'the Martiall • 
 and they who right to tree them! elves from an abfblute 
 power, are by that obliged for the time to take upon them 
 theabioluteft. (as Dictators did) which abfolutenefle 
 confifte in diefe heads. In cafting off all recognisance of any 
 Superiors or Collateral! po^er : In'fraging Wane: InleVy-, 
 ingTaxes: In giving Oatbes: In ma^jng Leagues and in 
 Treating: Infermittingno Appeale : in obliging to all fort. 
 f 'fidelity : And finally in J f udgingof life and death. 
 
 Here's matter enough to perplex Confcience,efpecialfy 
 ifitfhould be exercized on it by that partie which is be- 
 lieved to be the un juft ; but yet mat is not the worft : For 
 by the chance of Warre the other party maytyjiavethe 
 power to embroile our Conlciences a new with contra ry 
 Cathcs and Obligations ; And after this the other may 
 
 be 
 
f5 ) 
 
 be re»eflabli(ht againe; and then. 
 
 Quasfosnas non exigit Ajax, 
 
 Vt male defenfus ? 
 
 But the difficultie paramount is this ; Vt innocem Jit a- 
 nimusintamiratafortuna : and if we doe no more than 
 that which is lawrull, we are lure our Consciences will 
 be better than the times. 
 
 • Thus having ftated the queftion, 1 enter into its termes, 
 and in thefMpIace aske, What that is which we call 
 lawfuli. 
 
 Chap. II. 
 What is requifite to make a thing lawfuli. 
 
 $. i. The variety and contrariety of humane aft ions 3 
 whence. 
 
 2. The difficultie of finding what is lawfuli. 
 
 3. Humane Lawes whence : and wherefore the Lawes of 
 Nature are aboue ours. 
 
 4. No man naturally mote a Judge than another of Natures 
 Lawes . 
 
 5. Natures Laws are for inward goodnefse and vertue, and 
 ' ftate Law for. quiet and repofe. 
 
 p Lain r eafon fhewes us, that Naturall and Ma th ema- 
 ticall c aule s have more certitude tnan Vjivlfl T fr'or- 
 Natlireis' a lwaies - unitbrme allctahke,, in its operations . 
 Hence fire alwaies biifnes and n^ver wets ; a ftone in 
 the aire natui ally tends downewards , and never ft > yes 
 in the middle. In Mathematical! cufes, ordinarily the 
 formes are iuch,as have no middle inrerpofed as betwixt 
 even andod, there is no medium participations, betwixt a 
 right line and a crooked, there \s no middle fort of line ; 
 thus two and two alwaies make fbure, &c- 
 
 1. But Civill or Humane a&ions proceeding from a 
 mutable and a various Principle, ( the will ) cannot al- 
 waies be alike or uniforme : and beftdes the will within, 
 hu mane a&ions without , are fubje&ed to different cir- 
 
 B 3 #in> 
 
CO 
 
 cumftances, and to infinite incounters : By rcafbn of 
 which their excefli ve numbc r , they cannot be foreieene 
 while men are making Lawes. Hence we may under- 
 hand wherefore its faid that Omnis definitio injure eft peri- 
 culofa ; and that Summumjus may be at fome time Sttmma 
 injuria ; as to rendera man his word when he is actually 
 mad, &c. And as circumftance hath power to change the 
 matter, io in the forme of the adtion, it leaves in the mid- 
 dle a latitude and extent, fbmetimes inclining to one ex- 
 treme, fometimes to another. 
 
 2. For example, betwixt that which by precept we are 
 commanded ever to doe, and that .which we are com- 
 manded ever to doe, is plac't That Tbbicb is latofull for us 
 noto and then to doe, or not to doejn matters of our <ftone right y 
 fo fane as theyfeeme expedient or not expedient for us. Thus 
 lofeph is cal led a juft man* becaufe he thought of divorc- 
 ing himfelfe from Mary, though upon circumftance hee 
 would not,&c. But that which perplexes all here is, that 
 this Licitum leanes fometimes more to the one hand, 
 fbmetimes more to the other; fbmetines more to that 
 which is absolutely good 3 fbmtime5 more to that which is * 
 abfbluely badjfrom whence grow fcruples,& doublings, 
 whether in fuch twilights we really participate more of 
 light than of darkenes, that is, more of good than ofbad. 
 
 3. Humane Lawes prow moft out of thefe midd le 
 things , ^Wmediu imtu 1 And upon right examination 
 we /nail f7nde,that a man hath nothing elfe to difpofeof. 
 For w r e (poor e/ubordinate vaflals) cannot fb much as 
 deliberate de tbfo/ute debitis & abfoluteilluitti, for they 
 were in force before man, Prince or people were in bec- 
 Jhg; and God himfelfe cannot now alter them, they 
 flowing intriniically either from his Sanctity, Wifedom, 
 and Juftiee, as he is a Creator and a Governour ; or elie 
 thev flow from Nature, whofe rule (according to Gods 
 making it by that which is in himfelfjis right reafon and 
 honefty :This uprightne ffe of Natur e, togerf^rjvjththc 
 obli gation we have to be iubje^t to it, was not a moment 
 Jftefus, and therefore we couIHlioTcIeteffnine any thing 
 about it; For wJiicfr <;aitfe webayenota legiflatjvepow 
 
(7 ) 
 
 e r to alter of diminifh any of* Natures La wes 4 
 ' 4. Saint T_aul 't ells us of' thole who without any after- 
 knowledge of Gods reveled will or Iawes to man, were 
 condemnable by thof- of Nature alp ne: in punifTiingtHe 
 Dreakers wheror"noman is naturally more a Madftrate 
 then other : Otherwife what mea nt Cain s when after his 
 murther he cryed,Whoioeverfhal findeme will flay me. 
 
 5. Though hum ane Lawes remember us of thcfe 
 things , yet it is not as if they gave them their originall 
 and Primary force of obliging: Yea, r eafon of /rate is 
 not buiied fo much about inward piety and vert ue. aslt 
 is abolii publkjllg^ ui et and repoie^ or thole actions which 
 regard another rtfaris' receiving right or wrong ; and 
 hence it is that great prodegal ity is not fo feverely pu- 
 nifht, as a littlerobbe ry ; and thztmatuThomo potest ejfe 
 bonus ciUs : 1 he reaion is , becaufe tliough he may doe 
 himfelfe wrong in his owne rights, yet hemayalwaies 
 do other men right in theirs : Neither is there any cleare 
 reaion, wherefore thofelefler ITnnes and impieties fhould 
 be punifht by any but God, who is wifeft to know them 
 jufTefrtow r eighthe merit of them, and powerfulleft to 
 punifhthem. 
 
 Tnis is t he ftate of Gods and of Natures fixt Lawes,' 
 to which we are all equally obliged ; but our flotmg and 
 -circumftantiated Laws areonely t o give a rul e forane- 
 quail and mutualTcc ^munity i n things w hi ch GocT-m cl 
 INature ftave us to~cli!pole o f as we would our lelves ; 
 ahdnow thequertion is, Jr-'irrt, what right or liberty wee fl 
 have naturally in our owne actions, as alio how we ^ 
 were originally invefted with lawfull poffellion of the 
 gifts of Nature. And Secondly, how our willes-fince 
 dilpoled both of the one and of the orher, or which is e- 
 quivalenttobothQueftions, That as originally "toe had and 
 did all by the La^es f Nature , fo whether noV> our /late and 
 conditions befucb, that "toe neither ha\>e nor can doe any thing 
 lawfully but by permifsion of humane Written LoMp ? The 
 following Chapters of this firft part treate Generally of 
 this, as a ground or introduction to the fecond, where 
 the particular c,afes of paying Taxes; ferYing Perfonally, 
 
 Swearing 
 
(8) 
 
 Swearing, and finall Allegiance to the ufurping party, 
 are morediftinc'Uy handled. 
 
 Chap. III. 
 Of what things we have a lawfull right to 
 difpofe: Or what our originall rights in 
 them may be before we de jaUo doe dif- 
 pofeof them. 
 
 £ I. Concerning eur natural! fbares in the earthy and 
 whence came the Community of things at the beginning. 
 
 2. Whence the feparate enjoyment of rights inprefent. 
 
 3. Concerning the right which menbadto feizeonwbat 
 they would at the beginning. 
 
 4. Of Fojfefflon and its originall right, and of Plan- 
 ters in Vacancies. 
 
 5 . Of the Conditions of Plantations, and of Vacancies. 
 
 6. The natural! right of mahjng laji Wils andtefla- 
 mens of what we fojfiffe in our lives. 
 
 Sett. 1. A S Heaven is inhabited by God and divine 
 ^^ Spirits of inferiour degrees: fo is the earth 
 to be inhabited by man and feverall forts of creatures 
 inferiour to him ; and that in order to his life and domi- 
 nion. God twice gave us the earth as a common jlocke 
 and, patrimony to live on 3 after the Oeation, and after the 
 deluge, Mi. 17. V. 26. Men then lived at eale enough, 
 feeding only on herbes and thole things which nature 
 prepared for them> without their labour: And this 
 jftateofCom'Tiunity might have lafted ftill, if we had 
 but two qualityes which were proper to thofe times 
 Charity, and Simplicity; of which, nakedneffe Tv and co- 
 verings ofbeifts skins wis, and is frill an Argument: 
 Witnefle the inhabitants of the new world, and of the 
 American Ifles. 
 
 2, But 
 
2. But now our luxury and exceffe isfuch, that it 
 takes up the implovment of three parts of five both of 
 men and time* (o fmall a number ate they who till the 
 ground, looke to patturage, and things necelTary to the 
 fubfiftence of our lives: Nay, tisimpoffib:eaImoftfor 
 thofe who are bv profe/fron occupied in theneceffary 
 imploy merits of life, ever to nfe to the fortune and ho- 
 nour of thofe, whofe professions coniift in and iub ft 
 by luxury and excefle ; For inftance , a Plowman , 
 Millar, Chandler or the like, never riie to the fortune 
 or efteeme of Jewellers of exquifite perfumes, Tavern- 
 keepers, &c. 
 
 Out of this we may eafily difcover the occafion of 
 mens receding from their originall community, both 
 in moveable and immoveable goods, That when men 
 were no longer concent to feed on the luperrTciall bounty 
 of the earth* autdejpontenatis, nor to live in caves, nor 
 to weare habits made of rude hearts skins, or of the 
 barkeofTrees, but fought a more delicate kind of life, 
 then there w r as need of much more induftry then before, 
 w r hich particular men appli'd to what they leiz'donin 
 particular* An other occaiion (asGrotius hatbobier- 
 ved) might be, the difiance of their habitarions 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 defect of Juftice and love, which occafi- 
 on'd an inequality as well in labour, as in (pending the 
 fruits of labour, 
 
 3. Wherefore upon thefe occafions they began to 
 divide: And tho they had no rules given them for the, 
 detaik, and laying out the narcels of this g at Com- 
 mon, the earth; yet the firft pofieflors might without 
 fcrup'eof doing others wrcn^, ' r lace their bodyes where 
 they would, 'yea take what, and where t! ey would to 
 ferve their natures : And after their hmds had once 
 faftenecj on any particular thing , no urn could take it 
 from them a^aine, without doine them m oifeft wrong. 
 Thus an empty ftaee is common in ever> panicular pare 
 or place, till particular bodyes have plaa themUvcs ; 
 
 ancl 
 
(.0) 
 
 and then the maxime holds, In pari juftmelior eft condi- 
 tio pofsidentis, 
 
 4. Poffefsion therefore is the greateft Title, which is 
 nothing elfe but pofetio pedis -, As if the Ancients had no 
 other Seale to confirme their Tenures, but Reprints of 
 their feet; and good reafbn too, feeing the mind is not 
 able to take up a place fo well as the body : For many 
 mens wils may concur in ( wifhing and liKing)the fame 
 thing, but many bodyes cannot concurre to the poflef- 
 fing it. B elides, the minde cannot fct 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 y*>as roome , or Vacancy enough ; 
 and therefore without further examination orfcruple 
 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. 1. Natural!, 2. Civilli 
 The fir ft is in things which may be pofleft, but actually 
 are not, neither in property nor ufe. Such a vacancy 
 which is nullius in bonis, might be occupied by Stoiteers* 
 who as Cafar faith, would faine have changed tneir 
 .rough hils for fome neater Campania , Civill vacancy 
 is ubi nee poffefsio eft plene in homine % nee homo plene in 
 foffefsione : that is where it is not abf 61 utel incorpo- 
 rated, as among the roving Arabians, and many Afri- 
 cans, who poffeffe one place to day, and another to 
 morrow : Thefe by their frequent returnes (hew that 
 they abandon not the places they remove from, as 
 derelitla qua guts in bonis amplitvs numerare non Vult, We 
 canonelyfay, that their naturall and Voluptuary inter eft: 
 in them is no way improved. But we muft preffe this 
 Argument very tenderly, left by the fame reafbn o- 
 thers conclude, That thofe Eftates which are not com- 
 petently improved , are derelict and occupyable by 
 others , which would introduce perperuall cotifufions ; 
 andeafilyperfwade every man that he could husband 
 his neighbours eftate better than himfelfe. However 
 this is a cleere cafe for all Planters, that thofe itoaftes, or 
 
 afperi 
 
(») 
 
 afperi monies, which the Natives make no ufeofj ncr 
 can receive any damage by their being poffefc by others, 
 may be lawfully impropriated by them : %eUe jatta eft 
 concefsie, qua eft fine damno alterius, faith the I aw, 
 
 6. Thus we fee how we originally impropriated to 
 our ufes during our living here : but then lome may 
 queftion thus, tfciat when we can have no further ufe 
 of the things of the world, but are departed it ; whether 
 then we have a naturall right to difpofe of the parts of it 
 to whom we pleafe by wil and Teftameht?For it feemes 
 unnaturall and contradictory that a man fliould adt any 
 thing after his being ceafcs ; which is rcafbn enough : 
 but then one thing is forgotten, That the dead mans 
 gift is made during his life, tho ithavenotanyerrecl: 
 till death. And good reafon why it fhoul4 not he be- 
 before ; for that would be as the French fay, Se defpo- 
 Viller a\>ant que de s'en alter toucher, 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 fwallo ws up all right. 
 
 § i. Re who bath nothing by humane pofitive Law, may 
 yet feeke his means of fubfijlence by the Law of Nature. 
 
 2. Wherefore one man may naturally have more then ano- 
 ther. 
 
 3. Whence it is that there was at the beginning and is 
 (till^ a Tacke condition of re-ajfuming our Originall 
 Rights in cafe of extreame or naturall necejjiiy for a 
 natural! community. 
 
 4. OfCbriftian Community \ 
 
 5. Wk> 
 
(») 
 
 fc. Whether that which is Gods here, lyes under the fame 
 exceptions of our neceffities 9 that our Properties doe > 
 
 6>#.i.fY-lr generall rights furely are not vet all loft, 
 ^though all the world be now trampled over, 
 & impropriate J in particular poflclsions & rights: there 
 yet remaines fome common right, or naturall com- 
 munity among all men, even in impropriation ; io that 
 that which is neccfTary for any naturall fubfiftence 
 and neceflary to another belongs juftlv to mee, un- 
 unlefTelhave merited to lofe the life which I feeke to 
 preierve. There were a defect in Gods creating of our 
 Natures fiich as they are, if he did not provide mea nes to 
 uphold their beings according to the naturall faculties 
 which he hath given them, 
 
 Tia miter partem inter libem diftrihuit ut fruffum Ve- 
 niatfingulis. . 
 A good mother divides her bread among her chil- 
 dren, as a morfell may come to each. 
 
 I et us judge this cafe by thofe rules of Juftice, by 
 which we judge other cafes. If a Father in his Will parfe 
 by a Child, or name him, but upmfalfe cauies leaves 
 him nothing; he is notwithstanding (by the equitvof 
 the Civill Law) admitted to-a childs part alegitima, and 
 may forme his action contra tejtamentum inofficiofum^ 
 Men are all akin, and we derive one from another, fd we 
 cannot expert but to make roome one for another, and to 
 let others fettle incur places, who mav juftly expect as 
 much dueto them rbr their naturall fubfiftence, as was to 
 thofe who before went out of the worid to make place 
 for them, yea, though they afsigne them nothing at their 
 departure 
 
 Man were of all living creatures moft miferable,if he 
 might not during this life have that mealure which God 
 would not have an O xe defrauded of. Thus ha th every 
 dum'hil Flye a right to live* and to remaine infertile, 
 which beffdes exiftence hath fence, and may not juftlv be 
 deprived of th \ t its chiefeft felicty, unleffe it be importu- 
 na e to a nobler ( reature. 
 
 2. No man in reafbn can pretend to fhare in the fweat 
 
 of 
 
( n ) 
 
 of another mans browcs^ or that the paines and wafting 
 of an others mans life, mould be for the maintenance of 
 anybuthisowne. Yet though it be granted, that they 
 who enter d the world before us 2 had themeanes (either 
 by their owne induftry, or lawfull donation of the fruits 
 or other mens induftries) to be poffeft offomething more 
 then we might in reafqn expect at our entry, notwith- 
 standing all that is not lb* properly theirs, but ifanother 
 by extreme ncceility beperifhing, and they have above 
 wkat they can conuime in a naturali way then they have 
 no fuller property in that plenty than ftewards have, ard 
 for this regard they are fo called in Scripture. The earth 
 (till is the Lords, and thefulnefle of it : it is his, for hee 
 made it but of his cfone matter, and for thefajhiovof it hee 
 us'd not our aide : Yea, tis h is Sunne ftill which produ- 
 ccs, and Ins Clouds which drop fatnefle : we can onely 
 pleade the contribution of a little paines, for that which 
 is our naturali fhare; fo that in plaine reafen wee may 
 not expect to be otherw ifc qualified then fie wards for all 
 that which is not probably neceffary for our owne fubfi- 
 ttance, or for theirs, who fubfift onely by us. Wherefore 
 ifL^rwredytoperifh (not by fault but misfortune) 
 had taken (DiVeshis crummes contrary to his will, yet he 
 had not finned ; no more than he ^ho ta^esfomething ^hich 
 the Lord hath given him s though the ftelbard contraditt it* 
 But if it fo happen that they be in fart necessitate ,ther* 
 melioreB conditio pofodentU : Or as Saint Tauls words 
 were when he excited the Churches charity & a*mes, for 
 thereliefe of the diftrefled members of Chrift; No^quoth 
 he)tbatye/bould be ftreightned^ they abound.2 Cor.8.13^ 
 j; The will of thofe who firft contented mutually to 
 divide the earth into particular poflefftons, was certainly 
 fiich as receded as little as might be from naturali equi- 
 ty : For written Laws are even now as neer as may bee 
 to be interpreted by that; and from hence it is, thatia 
 extreme and defperate necefsity, the ancient right of u- 
 finp, of things, as though they had ftill reman d in.com- 
 common,is revived. 'Tis necefsity which makes Laws, 
 and by confequence ought to be the interpreter of them 
 
 afcer 
 
(14) 
 
 after they are made. Hence flowes this legislative rule, 
 Leges human* obigant utifaBafunt, fcilicet, cumfenfu hu- 
 man* imbecillitati*. All Admiralties judge this equall, 
 That if provifions be°in tofailein afhipatSea, every 
 one may be fore t to bring out openly, what hec laid in 
 for his paliage in particular, that lo all might befpent in 
 common : by which diftributiqn it may happen, That 
 they who laid in ten times more then any one e lie, ihall 
 have but an equal! (hare with -he reft. In like manner 
 when the Sea breaks m upon a Country, we may dig in 
 the next grounds to make a bank, without flaying for 
 the owners permifs ion. In fuch cafes of necessity, hu- 
 mane Lotos donotfo much permit, as expound their natu- 
 7dll equity* and that which men give to thofe who are lb 
 innocently diftrefled, who borrow life onely from the 
 fhaddowes of death, Et pitta fe tempe/iate tuentur s is not 
 £> properly a charity to them as a duty ; and if hee bee a 
 Chriftian who gives, perhaps he doth more charity to 
 himielfe then to the receiver. 
 
 SeB. 4. The reafbn of this Chriftian-charity or com- 
 munion is as far re above the naturall, asChritthim- 
 felfe was above nature; This requires an equal! bea- 
 ting of all pulfes, that as follow members wee have a 
 bomogeniall fence and palpitation. By the Rivers of Ba- 
 bylon every one fat downe and wept, and all their plea- 
 sant Inftruments hung together on the fad Willowes. 
 Every thing mourned alike for Orpheus when his 
 torne limbs and his harpe were thrownc into the Ri- 
 ver Hebrte. 
 
 O vid. — — Caput Bebre lyramque 
 
 Bxcipis, & medio mirum dum labitur arnne 
 flebiie neftio quid queritur Lyra, flebile lingua 
 Murmur at exanimk, respondent flebile rip*. 
 Wee are to divide a cruze of ovle and a few hand- 
 fulls of meale with one of Chrifts flocke, with ana- 
 bandon d creature , to whom. 
 
 Ne quickquamfundofuftirat nummus in into. Pe'r/ius. 
 And iurely the violation of this Jus charitatis is no lefle 
 then theft in thofc who being of extended fortunes never 
 
 de. 
 
(i5) 
 
 defalcate a Gibeonits cru/i perhaps for a wandring An- 
 gell. Thefe fteaie even the fhipwrackt mans pi&ure 
 from him, which as his whole inheritance hee carried 
 at his back to move to companion, and by the invaria- 
 ble Sea of their Avarice and Luxury they wrack him e- 
 ver again at Land. 
 
 But this free Primitive communion had and hath its 
 bounds and its quantum in Contributions, as well as the 
 Naturall ; otherwlfe it mi»ht be fraudulent and thee- 
 ving: For they who pofTefle but a little would contri- 
 bute italic on purpofe to fhare equally with thoie who 
 pofTefle very much ; which would introduce a vilible 
 decay and ruine in all ; as Tiberius rightly obferved up- 
 on M.Hortahts his petitioning the Senate for an almes 
 for Augujias Cafar'sikkc : Intendetur itujuitfocordU hn- 
 gufcetindufiria, finullm exfemetm aut fyes^fecuri 
 ornnes aliena fubfidia expeBabunt , fibiignaVi & nobis gra- 
 ves. Tacit. IdlenefTe would encreafe, and induftry lan- 
 guid*, if men (hould entertaine no hope norfearefor 
 themfelves, but iecurely exfpedt other mens releife, idle 
 to themselves, and burthenfbme to us. 
 
 Wherefore in the midft of thatPrimity Communion 
 we'ftnd mat the Apoftles went <Domatim fromhoufeto ' 
 houfe breaking of bread, therefore they even then re- ! 
 i tain'd by their houfes in property : which property is fup- 
 pos'd by the Eight Commandment, as well as it is by 
 Chriftian charity : For no man can fteale> but by inva- 
 ding the right ofanother: and as for charity icisnecef- 
 fary he have fbmething of his owne 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 own 
 hand, tnan by fbme publique colle&ours, For Cbarity U 
 heated, mofl y^itb tbe fence of its oifine attion, Mat. % II« 
 Moreover under the Law Jews were commanded to 
 love one another as themfelves, yet this command took 
 not away property then, therefore it takes it not away 
 now. Notwithflanding we owe the ufe or M/w/n«i# p£ 
 our properties to the diftrefled, though our felves beeaC 
 chefaotfumeindifkeflej jult as w e « are commanded 
 
by the peril of our own lives toendevortofecureour 
 Neighbours lire ; which is yet a charity more tranicen- 
 dent then the other, by how much lirc'is above lively- 
 hood. Though Mites punifh thole who out ofmeer ne- 
 ceflity take fomething out of another s plenty, yet that 
 proves not the ad to be a iinne, or repugnant to equity 
 or conicience, but rather repugnant toconveniencyof 
 ftate, kit thereby a£»ap might be laid opentoLiberti- 
 hiirne. Reafon of ftate we know considers not vertue, 
 fo much as publique quiet and conveniency, or that 
 right which is ad alter urn. 
 
 5. Wee will now confider thofe things T*hkb are 
 Cods; which yet are not his in Rich a ftri6t rigorous 
 fcnfe, but that they lye open to the exceptions of our 
 juftn.ceflityes. Hence that which is devoted as a fa- 
 crifice to him in cafe of necessity may bee made our din- 
 ner; \vitnefle2><rtw/$a<ft: Wherefore the confequence 
 of our Saviours anfwer was very ftrong, when he de- 
 fended his pulling the eares of corne in anothers field; 
 That if it "tods UMull for David in hisnecefsity to eat that 
 Vread y*hicb "bas provided for the table of God, then hoi* 
 much more V>as it la'tofullfor him and his Apoftlcs in their ne- 
 cefsitiesto take a refrejhing out oftbattobicb belong d to man. 
 The Canon i a w faith, That i f no other means can bee 
 found, the Vejfels of the Altar may be fold to redeeme 
 thofe (bules who are inthrald in muery and captivity : 
 and is there not good reafon for it ? feeing they (erve but 
 for the foules of men, and therefore the ioules of men 
 are precioufer then thev : Yea, the facrifice it felfe to 
 what end is it, but to obtaine a ftate of piety for us .<? Sed 
 nifiviVamMpicViVere nonpojfumm. Exzi. 
 
 CHAP. V. 
 
■ 
 
 t ...» ■ ■■* ' ' - ' » ' ' * ' ■ ■ ' • — ■ ■ 
 
 Chap. V. 
 
 TheOriginall of Property , and of the in* 
 tailing the parcels of the Earth in partial 
 lar property es. 
 
 £i. Whether the earth and its fruits benowufitrptby 
 their Poffeffors ? 
 
 2. Whether the Rights QV$r Perfons be now ufurpt °i 
 
 3. Whether fervitude may be perpetuall > 
 
 4. The Civill flate how it perfects that of Corrupt l$a« 
 ture. 
 
 5 . Whence thefirfi right of thefirfi dividers ? 
 
 6 . Inequality caused Property. 
 
 7. Wherefore the feller among the lews, gave hit [bode ti 
 the buyer jn the alienation of a Poffeffion? 
 
 8. That which bath not any markg of one mans Property 
 lyes exposed to any mans, 
 
 9 Of property in Paradice ; and how the command for-* 
 
 bidding eatings was forbidding ftealing. 
 •10. The fimplicity of thefirfi orPythagorianfood required 
 
 no Property. 
 
 1 1. Abraham recorded for the fir ft Proprietor, the fir ft 
 purchafer with money, and drejfer offlefb which was for 
 Angels* 
 
 1 2. Poverty and Property confident in the fame flate. 
 
 13. Wee have no Right of Nature to recover a State of 
 Nature, 
 
 14. the difference which is betwixt a right ofNature and 
 a State of Nature. 
 
 l%.Tbe difficulty of maintaining a State ofNaturt. 
 16. A fmple Naturall fubfiftencs may be had with out di« 
 fturbing my State* 
 
 C • ' ij.TH 
 
(is; 
 
 i y. The advantages of tbe ricb, are but advantages of 
 
 Opinion, 
 18. Vypyfome ought notprofeflly till tbe eartb, and yet 
 
 bavejub/tjience by it and tbe fames of others. 
 
 AS reforming powers in all Ages make it their chie- 
 feft worketo take down the greateft ColoiTule's,atid 
 what ever elfe might be ombragious in the excrefeencies 
 of Civill Pomp; fo fomeothersof this Age, by a new 
 Art of levelling, thinke nothing can be rightly mended 
 or reformed, unlefTe the whole piece ra veil out to the 
 very end, and that all intermediate greatnefle betwixt 
 Kings and them, fhould be cmmbled even toduft, 
 where all lying levell together as in the firft Chaos, 
 Spades oughc to be put even into the hands of thofe who 
 were heretofore adorned only with Scepters. If the one 
 reje£t the O ffice of Kings here a nylongcrthe other will 
 not allow their Effigies on coyne : So Tyrannicall a 
 thing they conceive it to be, that they to whom God hath 
 given a S un and an E arth to produce iubiiftence for all 
 the world, fhould beexe'uded from the fruits of tt, un- 
 lcffe they have fuch ametall, with' fuch a marke to 
 buy thole fruits afterward of one anothers; or that that 
 which hath but a valew of Opinion, fhould be made the 
 valew of all reall necefTaries. They plead, diat he who 
 buyes, and he who fels the earth to a fellow Creature, 
 removes the Land-markc from a third perfon, to whom 
 the fame Land belongs as well as to the other two, by 
 which defraudation, hee, the third man, is munhered by 
 them, from whence come all the great mifchiefs of Pro- 
 perty , and of Law which defends it, under both which 
 the Creation groanes. 
 
 Stci.2 As the earth is ufurp'd thus,fb are(fay theyjmens 
 perfons : For the Law enflaves one fort of people to a- 
 nother. The Clergy and Gentry have got their freedom, 
 but the Common people are ft ill fervants to work for the 
 other, like Ifraelites under Egyptian tasksmaffers ; 
 Whereas all the other Creatures feare andferve us alike; 
 becaule they fee the fame Image of God in usalike, 
 
 whofc 
 
whole fun likewise fhines upon us all with cqualldif- 
 peniation of his rayes, 
 
 3. 1 wonder not lb much at thisfortofarguing^asto 
 find that they who ha v e luch fort of Arguments in their 
 mouths, (hould have fpades in their hands : for they 
 contcinc the mo(t intricate points of the Conltitution of 
 fbcietyes^ofthe Lawes of Nature and Nations. It is a 
 qucftion which hath non-plufl many (' who define juitice 
 to be a conftant intent to render to every man that 
 which is his own ) How a thing comes to be C riginaliy 
 another mans own or Property/ It hath been a com- 
 mon argument agaiuft Tyranny (which hath likewile 
 pretended old Conquefts and compacts ) that the rights 
 which we have in our 'Perfons, could never be alienated 
 in an unrcafbnable flavery for ever; Yea there was a 
 yeare of Jubile for the freedomeof fcrvants : Evenfo 
 lay they concerning the naturall right we have in things, 
 they cannot be alwayes alienatedinfuchaiervicudeto 
 others , as thereby to invoke us necefrarily in diftrucli- 
 on 
 
 4«Tho the precedent Chapters have treated Efficiently 
 or the rights of perfons andofthingsma State of Na- 
 ture, and how necerTarily they came at firlt to be impfo- 
 priatecL and how equitably they are now continued in 
 the pofkffion of thole to whom they are confix n ed by the 
 Donation of others , and maintein'd by the equity of 
 J aw, all which is juftified by the Sripture it lelfe :' yet 
 I (hall here examine the bufinefle further; And in the 
 firft place I can fee nothing which (hould make thole 
 perfons wifh (b much for a returne into a (tare of Nature, 
 as the fimplicity and charity, which they fondly fuppofe 
 is inleparable from it, and to be found no wnereelfe. 
 For good Civ illftates are not contrary to, but makeup 
 the perfection of the natural!, St. Taul himfe'fe Itilcs 
 thole who were lefle civiliz'd than others, Barbarians. 
 Not as if thfre were not faults too bad in either ftate, but 
 they are not to be attributed to the ftates thcmfclves; on- 
 ly where there is lefle fociety, there mufV be lefle" huma- 
 nity; and they who lead depraved lives in woods, are 
 C 2 like* 
 
(20) 
 
 liker beafts than men, and they who live fb in Cityes, 
 are liker Devils than men, which is a corruption of the 
 nobler part, and therefore of the nobler State. T ho our 
 Luxury be now great in glorious Palaces, yet the woods 
 &Caves of old were not free from it,nay s they who were 
 moft addidted to it among them were afterwards made 
 their Gods : and I know no Art which was brought 
 outofthofewild woods into Cityes , but that of mak- 
 ing Gods and Idols. 
 
 Quis tamen ajfirmat nil attum in Montibm^aut in 
 Speluncis > adeon' fenueruntlupiter & Mars t Iu vc. 
 The Senate *>f \orne and the people had anciently a 
 
 {n ;- , - 1 great controverfie about the Property 
 
 were taken from their enemies neare^ow*?, at the ex- 
 pence of the Peoples blood, and it came to a feceflion, 
 after which the People were necessitated to returne to the 
 Towne againe, and to the (ociety of the Senatours ; 
 Here was a controveriie not of Property or no P roperty, 
 but concerning a proportionable partition of an acquisi- 
 tion ; A plaine dovvne right demanding a retume ad tit- 
 guria for all againe, I think was never heard on before 
 nowinhiftory. 
 
 $;. Here therefore I {hall begin tofliew the firft right 
 which the firft dividers had to the firft Property. 
 
 Some think this is lufficiently proved thus, That the 
 O tiginall right of Dominion is derived to us from him, 
 from whom all things derive, and thus ( fay they ) wee 
 have Dominion in the earth. In the next place, that 
 God is the Author even of diftinc/r, Dominions, accord- 
 ing to Vcxt, 32. 8. When the mojl high God divided to the [ 
 nations their inheritance, "token he fcparateitheSonnes of 
 Mam, he appointed the borders oj the people accordingtothe 
 number of the children of Ifrael. But all this proves not £ 
 distribution made by God to every particular fonne of 
 rfdam,nov to every lingular child of Ifrael, but collective- 
 ly as Adams fans were divided into diffincl: Nations, and 
 Ifraels children into Tribes, who received from God die 
 Diyifion for the Tribe in groffc onely, ajidnot in par- 
 
 ticular, 
 
(21) 
 
 tkular, Although it was eafy for them to aoree after- 
 wards even in Angular partitions or compacts for fob- 
 fifting one by another, who alwayes had God and his 
 Prophets to counsel! and command them, 
 6. Wherefore I rather conceive that in a ftate ofNature, 
 and where families met confuiedly, they participated in 
 a Community : W here Z9 ( Par in parent non kabuit potefta- 
 tem y ib I conceive that inequality perfectly bred domi- 
 nion, and that Property; It being but naturall, and no 
 injury* that in a ft ate where there is no mutual! obi iga- 
 tion, the inferiour in force fhould give way to Him 
 mat is fo much iuperiour. This neceffarily breeding 
 feare in many, could not but breed generall compactor 
 conditions for fecure neighbour-hood, -and for holding 
 what was frrft laid hand on, though in unequall parts. 
 Probably heewhoby power oveawed other mens per- 
 fons, afsign d them their portions ; yet this follower 
 not, but he the rTrflpoiTeflbur ordiftributerhadwhat 
 he had, firft by Occupation. And in this manner Kim- 
 rod probably was the difpencer of the fortunes of his 
 , followers , as our Conquerour William was of his here, 
 of which tenure there is 1 ufficient evidence ff ill. 
 
 7*. In the former Chapter I fhew , dwherefore/o J //f/j/a 
 was ib called h pMtione pedis, for a mans taking up a 
 • place ordiftinft diftriclf for himfelfe, as the firfr right 
 and tenure from whence all the reftderiv'd toothers 
 afterward.For which reafon poMibly the cuftome was a- 
 mong the Jews, when they alienated anypofleisionof 
 Land, that he who fold it, pulld off his fhooe, and gave 
 it to the buyer, thereby giving him fymbolicaily his 
 pojitio pedis or poflelsion, as tityth^j. The ufeof this 
 cerenK>ny in a different occafion , <Deut. 25 . 9. difproves 
 it not in tnis; for this was their ancienteft ceremony . and 
 . therfbre mujft needs derive from the ancienteft contract, 
 which was this of poflelsing particular lands, and being 
 the ancienteft, might be drawn into ufe for other things 
 afterwards. Befides, in that cafe where the kinf woman 
 untyesthe kinfmans fhooe ( with reproachful fpitting in 
 his fac;e 3 became he would not marry her to raifeup kcd v 
 C 3 unto 
 
unto his Brother ) That might fienific the denuntiation 
 of a curie, 1>i%. that he might be difpoffeft of his for- 
 tunes^ &c . 
 
 8. It is a good rule of I aw, Qtwd tttum non efl, id fcive 
 debes ad aliu7npertinere y butt\\is relates to a Civill ftate af- 
 ter a meum and tuum are acknowledged; but in the other 
 ftate, meum and tuum go together; or rather all men 
 there having equall rightto all things, there is neither 
 meum nor tuum for any. B y the diffolution of things we 
 may fee their Competitions, and if we will read our for- 
 tunes backwards by our misfortunes , there is a Mari- 
 time Law concerningfhipwrack, which will convey us 
 clearely into this firft right of acquisition, Intutufragio 
 quod qui/que ferVare potejl , fibifer\>et. A de leg, $(bo. 
 VVhatfoever any man can fa ve in a wrack, it is his own; 
 becaufe he at that time pofleft himfelfe of it, when it 
 •was loft to the owner without hopes. Moreover the 
 Law faith concerning things which are loft , that if they 
 be things which beare no particular marke of the pre- 
 ceding owners property, (as a (hilling which is alike 
 with all other (hillings ) in fuch a cafe it is not neceflary 
 to c?.rry it to the Cryer to know the owner of it ; but if 
 a. purfe of money be loft, that ought to be carryedto 
 the Qyer ; becaufe the purfe beares particular markes 
 for a particular owner : as if in the acquifition of a pro- 
 perty, injury could not be done to another* where no 
 man had acquired property before, which is the cafe of 
 firft impropria tours in Occupation. 
 
 9. When Adam was alone in the Garden of Eden, he 
 was in a (fate of propcrty,for of one tree thereof he might 
 not eat : fo that his firft fin was a fin againft property,and 
 therefore theft, or at Icaft a fin of A mbition by theft ; as 
 Ambition ever fince is maintein'd by ufurping (bme o- 
 thcr thing aJfb which belongs to another. For that rea- 
 fbn he hid himfelfe as fearing to be punifh't for that theft ; 
 as if Gods command Thou (halt not eat,had been Thou 
 fhaltnotfteale. If Adam had not had enougfi without 
 the allowance of that tree, he might have pleaded as 
 Sto^did, wheaheeateoftliefaaifice or fhew-bread. 
 
 jo. How 
 
(23) 
 
 io. How full of fimplicity the fTrft Iife.was, and what 
 little need they had then of ihift property, is apparent 
 byanoldLawfteglandelegenda, for gathering of A- 
 cornes, where by Aconies the Law underfimds ali fruits, 
 as if thofe had been their cheifeft food, as I am wiilin g 
 to beleeve they were , not onely by the evidence of that 
 I. aw, but becaufe I find l*>enal Co exprefle it. 
 EtfiEpc hoYridior glandem ruttante marito, 
 
 The rude Husbands then belfh t Acornes through the 
 greedinefle of eating ; and they thought they might bee 
 beftnourifh't by that tree, out of which by poeticall 
 fiction they thought they were firft made, as Virg. 
 iaith. 
 
 Genfaue Yirum truncis, (s 1 rupto robore nata* 
 
 1 1 . But to rename to Argument, we find nothing I con- 
 ceive mScripmre which intimates the abolition of this 
 Pythagorian life, till Abrahams time, in whole houle (for 
 ought we know by Scripture ) the firft feeding on blood 
 was, and that by Angels, for whom he killd his calfe; 
 By him likewise we firft heare of property and of mo- 
 ny, with which he would needs buy Ephrons field for 
 the buriall of Sarah even when he was preft to take it 
 othefwayes. But if property had been a fin, he would 
 not have acknowledged it fb peremptorily as he did to 
 - the Hittites ; and thereby have confirm'd it to them. 
 
 God gave tjie I and of Canaan to thelfraelites in pro- 
 perty : and the reafbn wherefore one Land may bee 
 in property to one people, diftinft from the intrenche- 
 ments of any other people, is the fame in proportion, 
 wherefore one Acre mav be diftin& in property to one 
 iingle man of iiich a people. They had the J udges in the 
 gates to Judge of this property, and we know what 
 fentence was pronpunc't from Heaven upon a King , 
 for uftirping the property of a private mans Vineyard, 
 therefore Law and property are no fuch burthens to the 
 creation. 
 
 12. Tftat fbme faultlefly lead indigent lives in a 
 ftate* is no argument of Tyranny in Property, but of 
 ike ill life of it. 2>mM5.hi. Godfaith, becaufe there 
 
 Chall 
 
f*4) 
 fhalJbeeverfomepooreintheLand, therefore I com- 
 mand thee to open thy hand to thy brother, and LeUt. 
 39. o. When ye reap the harveft of your Land, you 
 fhall not reap every corner , and thou {halt leave fome 
 grapes in thy Vineyard for the poore and the Stranger. 
 
 12.0b. Here it may be ob jecl:ed,that if it be consonant 
 to the Law of Nature,that tfc tenure of things lhould be 
 fuch as they now are, then there is no ne^eflity lyes up- 
 on us but that they may be attempted by the fame Law 
 to be recovered into the lame naturall ftate, which is a 
 ftate of Community. 
 
 Avfto . I deny this confequence,fbr as it is confonant to 
 Nature that my fhare of fubfiftence which waVbe- 
 fore u ncertaine , fhould be now h" xt, fo is it as neceffa- 
 rv that the consent which others gave to this at firit, 
 fhould ftand fixt, especially if there was no obligation 
 till that time, as ourmoft learned Selden faith, dejure 
 na. (ygen. admen. Heb. Idebligatguod eft ex officio , quod. 
 Legis e(l; but the Sanction of a Law luppofes the nullity 
 of a State of Naturemot of a right of nature. 
 
 1 4, For they who fo object fhould confider,that there is 
 a great deale of difference betwixt a right of Nature, 
 and a State of Nature. I have aright of nature to live, 
 but not in a State of Nature, became others are notob- 
 1 iged, out of confederation of my wants, to foregoe all 
 their rights , as they muft if they will returne to Nature 
 as to a State : Moreover I who am now fattened to a 
 Civill Rate , have a right of Nature to do or not to doe 
 fuch things as are not yet cautioned againft in Law, and 
 are honeft ; but yet thereftraint which Law and Socie^ 
 ty hath on me in other things, hinders me from doing 
 the former as in a State of Nature. Nay I beleeve though 
 
 {Potior eft Con-'l moft werewillingto returne into a ftate 
 ditioNegantk.Sof nature, yet in juftice they ought 
 not, it there bee any of the fame fociety who di in- 
 tent from it. For in a Negotiation of partnerfhip 
 where mony Art and toilefome induftry are by free 
 content mutually contributed only for a fuch a particu- 
 lar negouation,thej:e the Major part cannot redraft what 
 
 they 
 
(a?) 
 
 they have done, nor recall all during the time of this ne- 
 gotiation, to undertake as they think a better other-how 
 'and elfe- where, quiain extr emu potior eft conditio negantis % 
 and thefe difsenters conceive they {hall be ruined if they 
 change from this to that. 
 
 1 5.They who would live thus brutifhly in mecre Na- 
 ture, have not yet confidered that to avoyd Law, they 
 muft live in perpetuall war, ( there is no fuch thing as 
 Saluspopuli, or protection there ) and that they can never 
 find a way, how the fruits ofthe earth fhould be kept as 
 a Common ftock, and be equally diftributed andfpent 
 according to the equality of worke done, whereby eve- 
 ry one ought to have his Quantum ; neither have they 
 coniidered who fhal take care for the fubiiftence of thole 
 who by infancy, impotency, and accidents , cannot 
 work nor provide for themfelves : whereas the inequa- 
 lity or our being and coming into the world, makes a 
 neceffary fbciety of impotencies and potencies , and (6 
 confequentl y of riches. For if the Strong ion dye who 
 {hall looke after the weake father, &> Vice Verfa) 
 
 16. If a naturall proportion be all which is aym'dat'&; 
 no discontent out of Companion of fortunes Jit is a mans 
 owri faujt if he finde not that in any ftate; becaufc nature 
 is contented with a little, and few wild men live Co well 
 • as our beggars, which even makes moft inieriour peo- 
 ple in a {fate, feare confufion. 
 
 17 By this argument there is no quarrell to be made 
 with thofe who live foftlyer than others, as doing them 
 injury thereby;fbr their natures receive no advantage by 
 it;nay they are unhappier than the pbore, becaufe they 
 cannot want fo many things as the other can, & are more 
 (harply punifn t for their delicatenefle- Plowmen being 
 rarely rack't with gouts, tormented with petulant con- 
 fumptions.the ftone,or the like.Hee who in a Civill ftate 
 > hath many fervantsto attend him,& to give him the opi- 
 n ion of greatneffe, yet his perfon {pends no more in a Na- 
 turall way,than any of his fervants doth; who al of them 
 have naturall Subuftences by him^ which is all that is 
 inqueftionhere, 
 
 18. More- 
 
(26) 
 
 i8. Morcorcr the laudable condition of Come {6 ft of 
 people is,notto work at all. For, that the mind may en- 
 joy its contemplations, and thereby receive a culture for 
 ipiriaiallfboclcto be diftributed to others afterwards, 
 (who thereby enter into a Society with God and holy 
 Angels) thete muft be provided for by others, as the Le- 
 vites had Tithes, and Saint Paul faith, the workeman 
 ought to have the price of his h-yre. Thefc muft bee free 
 from earthly toyle, as Setb likewife was when hee 
 buift his Pi liar of Arts and Sciences; and as Koabwis 
 whil ft he built his Arke, and as Bierom and Solomons fer- 
 vants were when they were building the Temple; For 
 which zeale God gave him gold and filver as (tones in 
 theftreet ; which as it wascalld a bleffmg to him, fo I 
 fhall in the next Chapter examine whether it be (as fbme 
 now argue) a curie to us. 
 
 Chap. VI. 
 Of the nature of Mony s its Civill ufe and 
 Valew. 
 
 £.i. How Commerce is new made equivalent to natural 
 
 Community. 
 2. Whether money be onelyfit to maintaine the trade and 
 
 credit of Vice? 
 $. Whether Abraham cbofe to acquire a property by money? 
 
 4. Of tbeNaturall and Inflrumentall meafure of the value 
 of things. 
 
 5. How mony is e quail to all things. 
 
 6. Money is for buy ing and binders not but helps permu- 
 tation. 
 
 7. Money the inftrument of foarity and facrifices as well 
 asofourtTecefsities. 
 
 6^3^ K^Oney is one of thofe things which they who want 
 J,T -*wanc al other things but words to reproach their bad 
 fbrtuncBudome times it is die policy even ofragges and 
 
 Pover- 
 
O ) 
 
 Poverty it felfe,to undervalue that which it cannot have, 
 & to convert that which it hath ( though never fo meane) 
 intoanefteeme; and then to Lodge as much pride in a t 
 Tub, as Alexander could in a Palace, tho it could not 
 tempt him to a change of condition. 
 
 Nil babet infelix pauper tas durius infe 
 Quam quod ridiculos homines facit. 
 
 No wonder therefore, feing rich men will be obfti- 
 nate to hold to their advantages, that defbrmd Poverty 
 (which mixes with them in the fame frame.as a fhaddow 
 to fee offtheir colours the better ) would have the rich to 
 defcend; to them, in which equality they fhould findc 
 nothing of reproach. Though it be demanded lowdly 
 enough, yet I fhall examine Quo jure it is, that in a 
 State where I(tngs are layd afide, %egvaa pecunia fhould 
 likewifebedepofed. 
 
 i . I grant that we all live by the Naturall or intrinfique 
 value of things^but the way to come by them,is onely by 
 an Inftnimentof Civill value, which is money.Infteadof 
 Community therefore we now have commerce, which 
 Commercium is nothing elfe but Communio mercium ; But 
 com/nunion muft needs bee by the meanes of another 
 thing* that may beare equal! proportion on both fides, 
 which is money only, as fhall afterwards be fullier . 
 •fho wne; For I fhall firft heare and fatishe the complaints 
 tj*at are made againft it Co impatiently. 
 
 Where there is great Luxury, there muft bee likewife 
 great Induftry to maintaine it, & therefore the Induftry 
 of this Ci vill State.muft be greater than that which is in 
 the fimple ftate ofnature;but what is there here tobl ame, 
 feeing induftry, no more than plenty is in itfelfe a firmed 
 Objett. It is the anfwer of envy or Ignorance. 
 Qrimaperegrinos obfeana pecunia mores 
 htulit. 
 
 2.Mony is that fay they which maintaines the trade and 
 credit of Vice, if that were taken aw ay, we fhould looke 
 after nothing but Neccflaryes, which arc virtuous. It 
 
 makes too nice inequalities & diftances^ndisnotfig- 
 
 nificam enough in dicbeftthin§s;fbr all the money in the 
 
 world 
 
(28) 
 
 world is not really worth one penny loafe, which is 
 convertible into our Natures andiubftances.lt ferves on- 
 ly to aflure fortune, but not Virtue ; It is accepted as the 
 wiea&re of all things Naturall, Morall and Divine. 
 ForJIonour is nothing according to Arifht. (Pel. but 
 ctpx*/©- takt©% ancient riches: and in Moralls Virtus 
 pofinummos : This in religion breedes that root of all 
 cvill, CoveteoufhefTe ; For in a fimpleftate of Nature, 
 neceffrry things muft needs be ipent within a fhorttime, 
 and the rcturne ofthe Sun brings a new fuppl y and a trea- 
 
 {Mona. ? furegreater than that of the Indies, of which 
 H, fp« fCampanella /aid we!,That it was got in blood, 
 failes home in a fea of blood, and never refts till it be all 
 laid out in blood j This was that which was made the 
 price of our falvation, even of the blood of our blefled 
 Saviour, thirty pieces for that which was worth 30000, 
 worlds; but in the religion ofthe firft times, 
 ~— — Kullo YxoUtm Inciter auro. Iuve. 
 
 And if this had not beene brought into the world wee 
 fhould not have 16 much to difcount for at the day of 
 Judgement. Why therefore fhould that which is cou- 
 demn'd to the obfeurity ofthe earth, and lodg'd ib rieerc 
 Hell, now be made the price of all that which is above 
 the earth, even h folo ufque ccelum? or why fhould we bee 
 excluded from the gifts of nature , unleffe we firft have 
 thole of fortune ? Is it not then more reafbnable , that 
 rich men lofe this inftrument of Luxury, than the poorc 
 fhould loofc the neceffary meanes of their fubfiftance. 
 
 Anftoer. This is the plea which is made in forma ptu- 
 ffris & dc ipfapaupertate, which hardly ever was before. 
 
 But in the hrlt place I defircto obferve ( as is above ) 
 That neither the ftupid Simplicity ofthewoods,nor pover- 
 ty it fclfe a re any part of Virtue, and therefore are not 
 reckoned blcffines, as Riches were to Solomon ( hec who 
 built Gods firft Temple, and put his Religion in lufter,) 
 and as they likewife were to Numa from whom money 
 was called 'Rummus ; he likewife built the firft Temples 
 at mpme, and kindled the firft Veftall fire, (FJerocem po- 
 ftdum dwummUii mitigeftit* 
 
 3.Wc 
 
( 29 ) 
 
 3. We know how God convers'd with Abram^ho wa» 
 the firft that had mony& made ufeofit to buy a property. 
 It is true, they with who he inhabited called him a prince 
 of God, out that was no argument to him to difbwn their 
 properties, but for the contrary, left they fhould think 
 that (Dominion or a right to things was founded in grace. 
 But to defcend more argumentatively into thereafbn 
 and necefsity of this kinde of Meafure, I fay,That money 
 is like a Law or a Government which are all conftituted 
 by the fame extreme necefsity, and therefore thecoun- 
 fciting or attempting to deftrqy any of theie by private 
 meaies is every where Trealbn. 
 4. This meafure is two fold, either naturall or Ci vill,or 
 rather naturall, & the initrument which exprefTes the na- 
 turall by equal! permutation.The natural meafure is pro- 
 portioned either by want or plenty. In want we coniider 
 whether the thing be ufefull or necefTary. Things which 
 arc necefTary are Deft, but of left price, as a lofe of bread 
 is more necefTary, but infinitely cheaper than a Diamond. 
 One man hath hatts, another fwords ; thefe two pofsi- 
 bly have no neede one of another, and therefore there 
 will be no permutation betwixt them ; but if one had 
 neede of another, then he who were moftpreft, would 
 come to the price of die other,and therefore want or plen- 
 ty is the meafure of cftimating things,and is the bond of 
 fociety, wherby alfb one man fhewes he isor may be ufe- 
 full to another;& nature hathfo ordered it , that no man. 
 is fb rich, who hath not fome neede of the poore, and no 
 man is fo meane and abject, but he may beefome wayes 
 ufefulltotherich. 
 
 5. The Civill meafure,or rather initrument wherby the 
 naturall exprefTes it felfe, is money which hath but a feig- 
 ned value, and therefore it is fometimes higher and low- 
 er in cfteeme as men plea/e, which couldnot be if its va- 
 lue were naturall, which is unalterable. Money is like 
 the mi4dle tearme of a S'yllogifme, of which it is (ayd, 
 Ruee conVeniunt in tertio conVeniunt inter fe^zs for example, 
 ifl have cloath atfuch a price, and you have a quantity 
 ofCornc at the lame price, then wee regarding the fame 
 
 price 
 
(30) 
 price may make an equal permutation; or if I give to you 
 a piece o* gold for your Corn at the lame price, the fale 
 is equall againc. Whether it be an inconvenience that in 
 iome Countries money is at fome time of a higher value 
 than at another, is not a confi deration of this difcourfc, 
 for the price of things thcmfelves change more than any 
 monydothdaify. 
 
 6. Money is an invention oncly tor the more 
 expedite permutation of things^ but it doth not fol- 
 low that men may not make any permutations but by 
 money, even as well now as if we were in our Natural! 
 State. Ifthey who dig now in wafte hils had their harveft 
 of their beanes well gathered in, but had neede of wine 
 for the ftomacks fake, or ofdruggs for healths fake,if the 
 Vintner or Apothecary have no neede of beanes , what 
 ufe will they make of the naturall value of their beanes 
 without money > or if neede were, what would they doe 
 till their beanes be gathered ? money therefore hinders 
 notpnrmutation and commerce of naturall things, but 
 alsiftsthem ; nay it is therefore an inltrument ofinftru- ■ 
 ments. For he who hath money, may buy things which 
 he neede not uie, but fell ; thereby to get other things 
 afterwards for his uie. There are no people io barbarous, 
 but have money,or a publique intf rument of permutation . 
 either in Metalls,or Fifh bones, &c. For it imports not 
 io much of what matter it is, provided it be durable, not 
 counterri table, and difficult to come by. 
 
 f. Take away this fungible inftrument from the fervice 
 of our necessities, and how (hall we exercife our Charity, 
 which is a branch of Religion and Jufticc, as well as of 
 Humanity * He who goes to Church, pafTeth as it were 
 through two Temples, thepoore at the porch, and the 
 Temple itjfelfe, and the giv ing at the porch is called fa- 
 crifice, oftering, and gift, as well as that at the Altar. 
 
 God would beiacrificed to, onely in one Towne of 
 the world, lerufalem : But how could that have beene, if 
 money and money-changers had not beene allowed? 
 How could they who came from fuch remoteplaees, 
 have by any other meanes brought their Oxen, Calves, 
 
 Goats . 
 
(3i) 
 Goates, and Doves to the Altar? If there were no- 
 thing ftrmertofthew, but that one piece, which ourSa. 
 viour himfelfe coind miraculoufly in the mouth of a fifh, 
 it were Argument fufficient, that the ufcof monymay 
 be both good, ;uft> and Neceflary. 
 
 Chap. VII. 
 
 Concerning the parties(juft orunjuftj which 
 by the variety of fuccefleinCivill Warre 
 command us and our fubfiftence, and re- 
 duce us to thefe extreme neceflities. 
 
 Whether forajuftifiable obedience tothem 5 
 it bee neceflary for us to aflure our felves, 
 that thofe parties have a juftifiable caufe of 
 Warre, or right to command us ? 
 
 i. ■ 1 n 
 
 £ i. Wherefore difficult for us to affure our confeiences in 
 the f tints of right. 
 
 2. Whether Frefcription make a right > 
 
 3. A caufe of Warre depending on a matter of fa&> not a 
 certaine way of confirming us that we lawfully obey. 
 
 4. War re for dominion and for pojjcfjion. 
 
 rP Hefe things being thus ftatcd concerning our owne 
 **■ perfbns , the lawfulnefle,. and tranfeendent right 
 which we have both by God and nature in our felves 
 and that which is ours, yea and in cafe of extreme mi- 
 sery in others things alfb, above all thofe rights , privi- 
 leges and obligations which others may pretend upon 
 us ; I may the eafilier defcend now into the bottome of 
 the queftion,and fpeak to the maine panics whether Juft 
 orunjutt, who by the variety of fucceffe, may one af» 
 ter another command us and our eftates, and in both re- 
 duce us to the forementioned extreme neceflity : In wh ich 
 condition or confufion tbc queftion is What is law&U 
 for us to doc? I 
 
HO 
 
 Ifindcthatmofthcrcfcckto iatisfie ,'their fcruples in 
 {carching, Firft Whether thofe p Arties h&M lab full potter 
 olfer us or no > That (o finding the Irfbfulnejfe of their right, 
 they may be ealilier aflured of the Urfnlnefle of their 
 dime obedience. Secondly, In examining the caufe of their 
 Wanes, whether it be juftifiable or no i They fuppofing, 
 that ifthe caufe be bad, all effects which have any de- 
 pendance on it, muft needs be fb too. I conceive that 
 thefetwoconiiderationsferveonelyto adde to the per- 
 plexity of a mans confeience, and are not neceffary at 
 all for us to be informed of. 
 
 Sett, i . As for the point of fyght^it is a thing al wayes 
 doubtfull, and would be ever disputable in all King- 
 domes, if thofe Governours who are in pofleflion (hould 
 freely permit all men to examine their Titles ab origine y 
 and thole large pretended rights which they exercifco- 
 ver the people : And though this parties Title may be as 
 good or a little better than that patties, yet a man in con- 
 science may ftill doubt, whether he have Limpidum 
 titulum, a juft title or eleare right, efpecially in thofe 
 things which areconftitued by fb various and equivocall 
 a principle as the will of man is . 
 . Be(ides,moft Governours on purpofe take away from 
 us the meanes of difcovering how they come by their 
 rights : Infomuch, that though they may really have 
 that right to which they pretend, yet through the ig- 
 norance we are in, of what mavbee omitted in their 
 hiftory, either through feare, flattery , negligeace or 
 ignorance, it is dangerous for us upon probable hu- 
 mane gounds only, to fwetre their infallible right, as is 
 fhewed in the following treatifc of Oaths. Upon this 
 ground Tacitus faith well, Tiberi] Caijque & Clattdijae 
 rleronis res, florentibm ipfis, ob metum falfie ; pofyuani 
 occiderant recentibttsodiis compojlu fait. And ifthe paf-r 
 ties rights be b:it one as good as anothers, than his is the 
 beft who hath poffefsion : which generally is the ftrong- 
 eft title that Princes have. A whole Kingdom may 
 be laid wafte, before ;it can be infallibly inform'd con- 
 cerning the parties true rights which they require men to 
 dye for,& to ayovv by oath* 2 ♦ As 
 
(33) 
 
 . 2. As for prescription of long time, every mans con- 
 feience is not (atisfied, That that added to poflefsion 
 makes a true right. This we know, that it conduces 
 much co publique quiet ; but the Canonifts maintain 
 jtagainftthcCivjlianS That prefcription uponanunjujl 
 beginning & ex titulo inhabili, doth by its continuance of 
 time,' increafe and not diminijh the inju/lice and faultineffe of 
 'the Act : For the Iapie of time cannot change the morali- 
 ty of an A it : It is no plea in Divinity to argue the pre- 
 scription which finne hath on us, as an excufe : A Lie u ah 
 moft 06 old as Truth ; but there is no prefcription againjl God 
 andTrutk This concerning the point ofRight. 
 
 g. A s for the point ofFatt on which we would ground 
 matter of right , or a jutfijiabie caufe (U%\ that fu ch or 
 fuch things have beenedone, or plotted, or advis'd, 
 therefore the other party mav lawfully doe this or that ) 
 that we know is without end ; and ever is perplext and 
 difficulc to have r^erfeA Intelligence of, efpeeially fuch, 
 as a man may fafely venture his own life, or take away 
 anothers upon it. Wherefore if we may reafbnably 
 doubt of the point of Right ( which yet is a more cleare 
 and uniform thing) then we may be more reasonably 
 perplext in the ftory of Fact, which depends on fb many 
 Accidents, io various circumfiances. both in its princi- 
 ? pie ( the will,) in its exiilcnce,and in evidence for the in- 
 fallible knowledge of it. 
 
 From hence therefore I conclude, That we may in 
 this great cafe eaie our felves of this vaft perplexity 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 oppoies ? But here I defire to be right- 
 Jyunderftood; For I offirmethis, not as if the know- 
 ledge of a!l this were not very convenient, and much 
 tobedefired, but that (as it isalmoiHmpofljb'cfbrus 
 to have, io ) it is not neceft ary for us to fearch after ; ex- 
 cept hi one cafe ( which comes not oucof the hiitoricall 
 occifion^fthisdiicourieJ W^. In aisihfting to the be- 
 ginning of a Warre. Thefe Negatives fhew onely what 
 wc need not ground our conferences on, in order to a 
 
(3 + ) 
 Jawfull obedience ; but it muft be a pofitive and a clcai; 
 principle which we muff ground on, if we would bee 
 warranted of a juft fubmiision to the orders of one who 
 commands us perhaps unjuftlv. For it is a matter which 
 conccrnes the miiery of others who never did us 
 wrong. 
 
 4, There is a Warre for Dominion, and a Warrc 
 forPoffefsion. If it be for Dominion, we may contri- 
 bute our Money, Armes and Oathes, to the expelling 
 perhaps ofan innocent Family : If" it be for Pofleision 
 ( which is the worft) then it is for the flavery of thou- 
 fands of Innocent Families: And before either can bee 
 compafs'd, we may affureour fclves, that thoufmds 
 may be as innocently kill'd by the means of them who 
 contribute to the ftrengthning ofan unjufr party. But be- 
 caufe I ftate this queftion in a Warre already form d,and 
 actually introdue'd upon the people, therefore in an- 
 fwer to this pofitive demand, I as pofitively fay, That 
 for a justifiable obedience, it is be ft, and enough for us to 
 confider, Whether the invading party ha\>e us and the meanes 
 ofourfubfijlence in hispojfcjfion or no i 
 
 Chap. VIII. 
 To affare our conferences of a Iuftifiableo- 
 ■bedience during the confufionsor revolu- 
 tionsof Warre, it is beftand enough for 
 us to confider 3 Whether the invading pa r ty 
 ( jufi or unjujl ) have us or the meanes of 
 ourfubfjlence in their pofiejfion or no. 
 
 $ 1. Princes tbemfdves 3 notwitbjlanding tbcdr fwornt . 
 Leagues one with another ground their obligations on 
 the tacite condition of their fojfejjing what thty bad 
 when tkey [wore, ♦ For 
 
( 35 ) 
 
 • 
 
 T?Of entry to the proofe of this Chapter, I (hall briefly 
 -■* ( as a ftating or the queftion ) itt downe a pertinent 
 difcour/e which Cardinal d'OJJ at (Henry the Fourth of 
 France his great Agent at ^ome) held with the Pope, up- 
 on this following occafion , as himfelfe relates ir in his 
 letter to the King his Matter. 
 
 The Du ke ofGuife ( as is commonly known ) foi m'd 
 a League or Covenant againft K. Henry the Third, which 
 moil of the Kingdome of France tooke, and it was to 
 this purpoie ; That the King was fo cold in the ProfefTw 
 on of the Romifh faith, that it was m danger to be ex- 
 tinguifht by the increase which he permitted of the re-* 
 formed Religion ; especially ieing Henry the Fourth 
 ( then King ofJSUVarre was of that Religion, and was 
 to fucceed to the Crowne : Wherefore by the mediati- 
 on of Philip the iecond ofSpaine, the Pope qualifi'd 
 the Duke of Guife, Head of- that Catholique League and 
 ( v\ hich in point of Government was to fet him above the 
 King) avowdhim f rote clour pf the Catholique Faith in the 
 l{ingdome of France. When Henry the Fourth fucceeded 
 to the Crowne, then this League for fecurity of Religi- 
 on was moft violent ; and the Spaniard without, hop d, 
 by nourifhinfc thus the diviiicn within , to carry all for 
 •JiimfeJfe at laft. To avoi d which gin, and to anfwer 
 all, the Kina chang'd his Religion, 1 and negotiated by^ 
 dVffat to be received by the Pope as a dutifull Sonne of 
 the Church of Rome , demanding Abfb'ution for what 
 was part, and makin a. large promifes of due obedience 
 for the time to come. The King of Spaine's intereft was, 
 that he mould not be received, and thereupon he indea- 
 vouredtopefwadethe Pope, That Heny did but dif- 
 femble with him, and that under this dilguife hee v\ ould 
 eafilielt mine the Romifh Religion. Notwithstanding 
 all this, ciOJfat obteined his Reception, Ablblution and 
 Benediction, through the many protestations, promi-^ 
 its andp refents which he made to his Hcl inefle. W here^* 
 upon th^'j^iwy£5d3TgnesTOre" i n a mo ment al Tblow a 
 overjFromlKwf^'lVut 'fell heavTfier upon the unitM^ 
 Frbvinces -""which were foforely preft, that tlaey appre-" 
 T* D x hend- 
 
00 
 
 j.cndcd the lofle and ttiine of their Country, and there- 
 pon implor'd afTiftancc from King henry, who rcceiv d 
 their Ambafladours very grac»oufly,and gave them aflfu- 
 ranccof rcliefc The King of Spain, who wanted no 
 good intelligence in the Court of France, immediately 
 remonftrates to the Pope, Thathis former intimations 
 concerning Henry s diflimulation , did now appeare in 
 the face of all the world ; and that feeing his Holincflc 
 had been Co credulous, he knew not now whether they 
 fhould be able to fave the CatholLuie Faidi from being 
 fubje6ted to the Reformed Religion or no. For where- 
 as the Hollanders had revolted from him, oncly becaufe 
 he refolved to ufe the true meanes for the efta blushing 
 the Romifh faith among them, and that now he w r as 
 in a f aire way of reducing them, ( which conduced ib 
 much( bv his Holincflc his owne opinion) to the efta- 
 blifhment of the Romifh Faith ) Henry had taken 
 their party againfthirn in that worke; -nd that at Paris 
 he had received their Embaffadors to that pur pofe 3 although 
 he kn^ they tfere his litoptll fubjetts , &c. 
 
 This fiartled the Pope not & little, who immediately 
 chargd d'0/fatfot having betray 'd him, and put the 
 Church in danger. This argument was as fubrillon 
 the Spaniards fide, as changing Religion was on H$n- 
 ry s } and therefore d Oj]at w r as not a lit lc pcrplext how 
 to antwer it to the advantage ofhis Mailer; as alio 
 coherently to the conh derations of his former reception 
 into the Church : but at lafrhc replyed, That his Holi- 
 nefie needed not wonder how m rcafon of State diole dif- 
 ferent Religions might jo yne together for fo'iticall endf, 
 without hazard of altering Religion : Thus David fought 
 protect 1 on of the Philiftines, and Abram redeemed the 
 finfull Sodomites. That hetooke it to be upon the iame 
 ground , that his Holincffe himfelfe not long before re- 
 ceived a Perfian Embiflador, who was fo farre from 
 being a hcretick, that he never pretended tenhe name 
 of aChriftian. That it was but a plaufible argument 
 which the King of Spaine ufed, in complaining of 
 Henrys receiving and avowing their EmbalTador, espe- 
 cially 
 
(37) 
 cially knowing at the fame time that they were Rebel.?, 
 and could pretend no right nor title feparate from his 
 Crowne : " lor Princes ( quoth he ) Tbhen EmbaJJadors 
 c * are addrejl to tbem,neVer informe themfehes of the rights 
 <c and titles of thofe Princes from Inborn they are fent : $ut 
 u whether they haVepofeff on of the force and po^er of thofe 
 C£ places, from whence the Embaffadors are imployed., For 
 f* it ^ouldbe an endleffe taske. and require an infallible true 
 Ci Hiftory of the "toond {"tohicv is not to be made by man) if all 
 * c the EmbaJJadors , before their receptions, jhould be ob- 
 " Ugd fir ft to prove cleavely to the *fcorld the juft right by 
 ct ythich their Ma/lers derive thofe Titles and jurifdiclions 
 'fybbicb they a/fume to tbemfelyes. This reply as itfeded 
 the Popes rriinde, fothe rea/bn of it may well fettle ours; 
 And in the firft place it may not beamiffetoieewhac 
 the opinion' of Princes themfel ves miy be concerning it. 
 i . It is evident that molt Contracts and C athes made 
 betwixt Polincall, or publique perions, are made in 
 this Politicall fence, "W^. with a tacit condition of hold- 
 ing their polferTions. And therefore the world wonders 
 not that the King of England having fworne a league 
 with the King of Spaine, exprefly alio as he was King of 
 PortugaJl,did notwithftaning fince receive two Embak 
 fadors from this new King of Portugall; & that without 
 being judged either in England or Spain to have broken 
 hisformerOadi & league. But not to ground too much 
 on mar. er of Fa 61, Grotius in his Trett'ie delegatis, judges 
 the point of right ; Where after he had fhewn how they 
 who 3 re partly Sub jecls, and partly not, have a right of 
 EmbahTy for that part by which they are not fubjecls, he 
 defcends to thole places which are divided by Civil! 
 warre; in which as it is naturall for each party to pre- 
 ferve it felfe by all meanes it can, fb ufually correfpon- 
 dence abroad by EmbafTie is one meanes which is noto- 
 mitted : and the rule which States have for this cale is, 
 Thttin regno diVifo, gens una pro tempore quafi duee gentes 
 babentur. The ground and tacite condition wherefore fe- 
 verall States contra 61 one with the other, is (according 
 to that Author) the confederation of the pcftoer ^hUb 
 
'{tngdome fotb to afford benefit one to the other : (b that 
 the contract is rather with the places, then with the per- 
 sons. Heme the fame Author laith, fygei guiregnis ex- 
 ntifunt 3 cum alijs regni boms etiam jus Icgmdi perdiderunt. 
 As this may found harshly, io it ought to have good 
 reafon and authority to countenance it. It is not enoueh 
 to object, That inch tacite conditions are not proper 
 to, nor confident with the nature of c ) athes ( which af- 
 terwards is refuted ) Forthey who condder thole admi- 
 rable Chapters of the J 8th. of lenwie. fc.7. 8,9, io» 
 E?ecb.3}.v. 13, 14. will find the fame in Gods decla- 
 red will, though positively expreft, which is argument 
 enough for us, as is largeljer proved heareafter: Vtd, 
 />. 2. c. ^,SeH, 2. 
 
 This' we i^e by what ground of right or defeat in 
 
 EofTellion Princes diiavow one another, though they 
 e mutually ohl^'d by lolemne oaths , which is the 
 grcateft tye that Princes or ;ult Governours can have 
 upon their (lib jee-ts. Now I conceive I may apt/y (peak 
 co fiibjeSs obeying an usurping power, after an obliga- 
 tion of Allegiance to another Power. 
 
 Th. 
 
(39) 
 
 The fecond Part. 
 
 Wlierein is examined : 
 
 WHETHER, 
 
 i. A man may lawfully pay dutyes or Tax- 
 es to an unjuft Party ? 
 2. Or whether he may lawfully lerve fuch 
 aPartyperfonally? 
 *{ 3. Or whether he may lawfully fwearfi. 
 delitie to fuch a Party during thq War > 
 . Or whether he may lawfully fwear afi- 
 nall Allegiance and fubjeftion to fuch a 
 \ Party after 1 the Warre? 
 
 Chap. I. 
 
 Whether a man may lawfully and with a good 
 
 confeience pay Taxes to an unjuft Party 
 
 during the Warre ? 
 
 1 ■ t 
 
 ■ 
 
 $ 1 i What was meant by paying Tribute to C&far. 
 
 2. In what cafe a man at the beginning of a Warre may 
 contribute to it^tbougb be finds not its caufe good. 
 
 3. TbemannerofaLevie. ' 
 
 4. We cannot properly fcrupk at tbat wbicb is out of our 
 power. D 4 5.0y 
 
(4°) 
 
 5- Of the condition oftbofe who live if on front i rs. 
 
 tp. Wbat liberty have we^ when the right Gove rqwr de~ 
 clarejy that te will not have us fr.y any thing to the i»»- 
 padwg party, LikfWife^ wbetbet any Lew tut that 
 which derives immediately fnm God doti) indijfenft- 
 ably oblige the conscience V 
 
 "I N the firft part,the ground for all the particular quefti - 
 ■"oils in this, is laid and treated Generally; buthere 
 we come to clofer and more particular proores : and ririi, 
 of Tribute and Taxes', 
 
 There are many who net finding this liberty in their 
 consciences , unnecefiarily chooie rather to give their 
 bodyes up to restraint, and to abandon their whole 
 mcanes of iubliftcnce in this world, both for themiel ves 
 and their children, which o:igh :not fondly to be done, 
 unlcfle we would be worfe then Infidels as Saint Taid 
 faith. 
 
 Obj. They object, that. they know not whether the 
 monies they give, may not furnifhto thedeftruc"tion 
 of many Innocents , and perhaps of the j'uft Magiftrace 
 himfelfe ; That though a man may give away his ovvne 
 ashep'eafes, yetnotinthiscife, when it is tothepre- 
 jud ice ofanother, &c. / 
 
 They who thus lcruplearein confeience oblip.d thus 
 to fuller, becauie they have not faith to doe otherwiie; 
 But the que/Hon now to be examined, is, Whether tbefe 
 be necejjary fcruples in thenjf elves, and fuck as admit of no 
 exception or liberty I . Peilupsupon examination we may 
 finde thefe fcruples to be Ul^e fcandals , w hereof fome are 
 rather taken then given: And -therefore to (late ths 
 quefhon aright, I (hail paraphraie a little upon another 
 qucition which was propounded to our Saviour; It 
 may polsibly appeareto be the fame with this, though 
 propounded wich more iiibdltie and malice. 
 
 The Scribes and Pharifes fought two waves to en- 
 trap our Saviour; One was, as if hee had* blafphe- 
 moufly taught a new Religion, and a new God r W^« 
 himfelfe) They hop't the people would beprovok tto 
 
 Hone 
 
(4i ) 
 
 ftone him for this, according to the 13 of ®ent. The 
 other was to bring his actions into the compaffeof Trea- 
 Jon, asifhee could not lead great multitudes after him 
 without traiterous defines ; but this gin faill'd too, be- 
 caule the multitude which follow 'd him was alwayes 
 ready to defend him : However, when he was at le- 
 rufalem, where the Roman Troopes and Prartor were, 
 they thought they had him fure,by propounding this fub- 
 tiity to him. 
 
 Sett. 1. Is it lato full for us to pay tribute to Cefar? 
 cc which was as much as to fay ; Wee who are defended 
 (i hom Abraham, and are the peculiar people, to whom 
 * God hath given the' large privileges of the earth, at 
 " home to bathe our ielves in Rivers of milke and ho- 
 i: ny, to have full barns and many children ; yea that 
 <f Godhimfelfe will beadofdinno other place of the 
 cc world, but at this our Jemfalem-, and that abroad we 
 cc fhou Id triumph over the barbarous and uncircumci- 
 <c fed World, by vertue of that Militia which he never 
 <c order'dforanybutour ielves ; How are we then in 
 "duty or cbnfcicn.ee to iubmit now to the Ordinances 
 c of rhcuncircumcifed Roman I Or what right can hee 
 "havetoexerciiefupremejurifdiclion over us the pri- 
 . " vileg'd feed of Abraham, by levying Taxes on our 
 (i Eitates and Land, ,v\hich God himfelfe laid out for 
 *'us> by which ireanes hee holds this very Temple in 
 is flavery, and infults over our Coniciences and Religi- 
 *' on, by defy ling our very Sacrifices with the mixture 
 f ' of impure blond; which as they are the price of our 
 Ci loules, and a tribite farre above Cafars ( payable in no 
 cc other place but this Temple which <£od himfelf built ) 
 ? fo our bloud ought not to leemetoo deare to bee facri- 
 <f ficedforthe libercv of thefe Altar*. And though the 
 <c Ro/nan State could pretend right, yet w r hat can this 
 '• Cafar pretend ? Every mans confeience knows that 
 c< it was but the other day hee ufurp't over the Senate, in 
 " which rcfi des the true Jurifdi&ion of fyme: And if 
 4 c that were otherwife, yet how r can hee pretend to a ti- 
 \tle, unlefle poyfbn be a Pedegree, or violent ufurpa- 
 
(40 
 
 tc tion a juft election; by which hee who is but the 
 • c grea:eft theefem the world, would paffc now for the 
 (t moft Soveraign and Legiflative Prince f Hoiv tben 
 <c are "toe in confeience oblig 'dto pay Tribute to this Ctefar} 
 Though thefe Lawyers thought in their conferences, that 
 they were not truly obl-g'd to pay it, and that our Savi- 
 our likewiie as a Jew thought Co too, yet they fuppos'd 
 hee durrt not fay io much in the crowd, nor yet deny it, 
 by Hurting it off in filence, left the Roman Officers 
 fhould apprehend him. But when our Saviour fhew*d 
 them Cafars face upon the Coine, and bad them render 
 to Cafitr that which was Cafars . and to God that which 
 was Gods , his anfwer ran quite*otherwife : Not as 
 fbme wouldhave it, that by a fubtilty heeanfwered no- 
 thing to the point propofed : for then rhe fenfe of the 
 whole text would found very illinfuch tearmes, Vi%. 
 That if there be any thing due to Cafar, pay him it ; and 
 if any thing be due from you to God, then pay it like- 
 wife. This had been a wcakning of Gods right for Ca- 
 fars, and to have left a defperate doubting in a neceffary 
 Truth. Tis beyond all Caviil, thatour Saviours opinion 
 was pofirive for paying of Tribute to that very Cafar, 
 becaufe^/^ohedidpayit; And the plaine reafon of 
 it apreares evidently in this his anfwer : Cafars face was 
 upon the Coine; that is to fay, Cafar by conquejb "tots in 
 Pojfefsion of that Coine, by pojfefsingtbe blace^bere bee ob- 
 lig '4 tkm to take it ; coin ing of Money being one Prero- 
 gativeof Soveraigne power. 
 
 And now to anfwer more particularly to the fore- 
 mentioned objections at the beginning of the Chap- 
 ter. 
 
 A Inthefudt place I diftinguifh betwixt Perfene, 
 &>inftm helium ; The one is Alii\>e and properly at the 
 beginning of a Warre, and in a place where yet no War 
 is, and where its caufe only and not its effects can bee 
 confident : In this cafe every thing ought; to be very 
 clear for warrant of a mans confeience, becaufeofthe ca- 
 lamities which he helps to introduce, and is in fbme 
 manner Author of.The other is fafstie, and there where 
 
 War 
 
(4J) 
 
 War or the power of War is actually formed, which is 
 the cafe of this difcoutfe. 
 
 Secondly I diftinguifh betwixt that which cannot be 
 had, nor the value of it, unleffe I actually give it ; and 
 that which may be taken whether I contribute it or no : 
 In the force of this fecond diftin&ion lies the reafbn 
 wherefore I have fo much examined the nature of Vof- 
 fefsion in the former part. To apply all this to the Ob- 
 jections, I fay, That if a man fcruple, he may not inferre 
 helium by any adt which may be properly his owne; I 
 fay, properly bis cftone. 
 
 'Sett. 2. Becaufe though Warre bee not yet actually 
 form d in a place, yet a fcrupling conference which likes 
 not the caule mav be excus'd in contributing to it in this 
 one cafe, 7ii%. If fome number of men a ble to talce what 
 theyaske, demand (with an armed power) the pay- 
 ment ofa certaine fum to be imploy'd in War, then in 
 fuchacafe, the man of whom wee ipeak may pay it, 
 as a ranfome for his life ; or give it as a man doth his 
 puriewhenheis furprizd in the high-way; The rea- 
 ibn is, Becaufe to this man it is as much as if the whole 
 Countrey were poffeft by an armed power. 
 
 Sect. 3. The manner of the I evie is here Principally 
 to be considered. For if the perfon taxed be not for the 
 timeinthe/ttV^Tyf/^^wofhimwhofecaufe hee fcruples 
 at, and that he have not a probable feare of extreme dan- 
 ger, nor as probable ajfurance that without his he lpe, the 
 thing demanded nor its Value can betaken from him,then 
 there si luleexaifer emaines for the Adi becaufe the faid 
 A ct ( which his confeience dillikes ) participates more of 
 Action then cfPafsion. 
 
 But in the cafe of this di/courfe, where a man is fully 
 pofsefl by an un juft invading power (from whom whole 
 Countries cannot pofsibly flie, nor make away all their 
 Goods and Eftates, ) there I fay a mans paying of Taxes 
 is no gift, which i f pro v'd takes away the mafrer-icru- 
 ple. Let us Judge of this by that cafe which we all grant; 
 If a man faji into the hands of many defperate tneeves 
 who affault him for his Money ; though with his owne 
 
 hand 
 
(44) 
 hand he put his purf e into their hands, yet the L aw eals 
 notthat a gift, nor excufes the theefe from taking it but 
 all contrary. 
 
 &&4. By this it's apparent what a groundleSTe feru- 
 ple it is tor a man thus taxt, to fay, He fyoltos not to "Khat 
 eYill they may imploy the money Jo put into their defperate 
 bands: Forthisfuppofesagift., and a mans proper vo- 
 luntary A£t ; of whichiindeed he is alwayes to be Scru- 
 pulous , becaufe ic proceeds from that Principle which 
 is totally in his ovvne power : whereas other mens acti- 
 ons are as farre out of our power as "binds 'and tenipefts 
 are; to which two as we contribute nothing, ibwee 
 cannot properly be Scrupulous in our consciences con- 
 cerning their bad effects. 
 
 For further proofc I might aptly reflect on thofe. 
 arguments which were diicuSt at the beginning of the 
 firft pare , concerning the tranfeendent right which wee 
 naturally have in the preservation of our Selves , and of 
 thofe things without which we cannot be preferved : As 
 al/bon the high privilege of extreme neceflity, nature 
 it Self being more intent to the preservation of particular, 
 then of pub'ike bodves, which are made out of parti- 
 culars, and as much as may be for the particular ends 
 and preservation of each Singular* no man obliging 
 himfelfeto any particular feciecy of this or that Coun* 
 trey, without the coniideration of felfe-prefervation, 
 according to the right of the more generall fociety of 
 mankind - Fid. far. i.c.l Sett. 3 ; 
 
 Sett. 5. Thus much concerning thoSe w f ho are fullv 
 poSTeft by the unjuft invading power : Now I (hall 
 Speaketo the condition of thoSe Who live upon frontiers; 
 whoSe condit on is more ticklifh and deplorable, bc- 
 cauSe they arc nocfullv pofleSi nor taken into the line of 
 either party. Theft live as it were in the Suburbs of a 
 Kingdome , and enjoy not the Security or privileges 
 of others. Though they can owe true Allegiance but to 
 one party, yet they may liwfully contribute to both: 
 For though they be but partly poSTe/t by one and by the 
 ether, in refpect of their iiiddain abandoning them, yet 
 
 fotb 
 
,(45) . 
 
 both parties ba\e tbepcfrer ofdefiroying them wholly. Wher- . 
 fore thole former reaions which jultifie thofe fully pof- * 
 feft, do alio acquit the -payments of theie; for tlaeir 
 condition here is more calamitous, leing they are really 
 but Tenants at will, cxpos'd to a perpetuall Allarme, 
 and that both partyes wound cne the other only through 
 their fides. 
 
 6. The laft confederation in this Scruple, is of the 
 Trills oftbem^bom we acknowledge our Idtofidl Goyer- 
 nours, viz. 
 
 Obj. When they declare to us that they will not per- 
 mit to us to pay any thing to their Enemies. 
 
 jfo/Tfo.TothisIanfwer, That the declared wills of 
 Governours cannot make all thofe our a6ts finncs, when 
 we obey that power which againft our wills (as much 
 as againft theirs, and it may be with more of our mi- 
 fery ) hath devafted them of the power of their rights, 
 and deprived us of the comfort of their Govern- 
 ments. 
 
 ^uejb.l would not here willingly difpute whether any 
 Law but that 'tohicb derives immediately from 1 Goddotbin- 
 difpenfably oblige tbe confeience ? For there is but one 
 Lawgiver who can fave and deftroy the Soule for the 
 obfervation or violation of Lawes, and this is God; 
 who therefore hath the fole power of obfiging consci- 
 ences to Laws as the Lord of them, through his crea- 
 ting, governing, and moving them. Efa. 33. 22. lames 
 4. 1 2 . There U one Lawgiver fbbo is able tofaVe and de/iroy : 
 y»ho art thou tbatjudgeji another ? Princes cannot by their 
 commands change the nature of humane condition, 
 which isfubje6t naturally to thofe forementioned chan- 
 ges : This were to pretend to a power of obliging us to 
 morall impofsibilities, and repugnances in the reafbn 
 , of government. And though thofe politicall commands 
 were as Lawes, yet they ought not to be made, nor to 
 be obliging, but according to the Legiflative rule, which 
 is cumfenju humante imbecillitatis. This is that which vi- 
 tally is ailed iieprefumPiVe Tfcj//of a Governour, or the 
 
 mindc 
 
minde of a law : For in extreme necessity it is to bee 
 prefum'd., that both their wills recede from the rigour 
 of what they have declared, rather then by holding to 
 thatiwhich is their iuppoicd right, introduce certaine 
 • mifery and confufion, without receiving any benefit 
 thereby themfelves. Neither are fucb commands'Wnthout 
 there fenfe and profit though they bee notpofitfrelyobefd. 
 For thereby Governours fhew to all the world, that 
 they renounce no part of their right, no though it be 
 there where they cannot cxercifc any part of their luft 
 power : Secondly, they may thereby help to retard their 
 fubje&s from being foiward in giving admittance to 
 their Enemies, or in being actively a/sifting to them, 
 but rather to themfelves ; befides which lenfe there can 
 be no fenfe. For if they meare by thofe commands, 
 That they would not have their Enemies itrengthned or 
 advantag'dby them, and withall,meane that they would 
 not that their fubje&s fhould fubmit themfelves at all 
 to thofe ufurpers, though it were then when they and all 
 their fubfiftence areabfblutely pofleft by them ; I fay 
 then that theie are commands which dafh againft them- 
 felves, and the one countermands the other. For if 
 they refute to fubmit in fuch a cafe, then they doe that 
 which advantages their Enemies : Becaufe at that time 
 they will take all, whereas in cafe of fubmifsion they 
 askebutapart. In all wars there are alwayes fome by 
 w r hofe difafTe&ions Enemies gain more, then by their 
 compliance ; juft as Phyfxrians do by diff empers.Thou?h 
 by after variety of fucceflcs the juft Governours fhould 
 recover that place which fo fiibmitted to the power of 
 their Enemies, and for that reafon fhould punifh thofe 
 who were ployablc to extreme necefsity ; Yet it follows 
 not upon that, That they ,whofo conformed; finned, 
 or did that which was absolutely unlawfull. For we 
 know- reafon of State oft cals for facrifiees , where there 
 is no fault to expiate : Oftrocifme and Jeaknfie make 
 away thofe who are kno wne to deferve moft : In repuh- 
 lica idem eft nimiumt? nihil mereri : But in right ( which 
 is the terme of this queff ion ) the juft Governour ought 
 
 to 
 
(47) 
 
 toloofceupon diem, as more unfortunate then faulty r 
 And perhaps in equity he ought to confider , that theo- 
 rignall fault of all might pofsibl y be on his part ; God 
 Sometimes punifbing the people for the Prince, and 
 fbmetimes the Prince for the people. .But of this more 
 (hall befaid in thefollowing Treatifesof New- Allegi- 
 ance, and of oppofite Oaths. 
 
 Chap. II. 
 Whether we may lawfully ferve an unjuft 
 Party in our Perfons or no ? 
 
 T 
 
 Heanfwerto this queftion is very prefent, andNe* 
 gative : For here action is required to an end which 
 our conf ciences allow not. Our eftates are feparate from 
 us, and therefore maybe had without us,, or without 
 our wils : But our perfons are our felves, and cannot 
 be had nor acl: without us, and therefore a man hath 
 not the fame liberty in the one as in the other. 
 
 But yet there are two cafes wherein a man may law- 
 fully ferve an unjuft party in his perfon. 
 
 Firft, when it is in order to a juft and neceffary acti- 
 on, which concernes not the oppofing of the juft party 
 at all, but onely our owne neceflary prefervation : in 
 which cafe we confider the unjuft Governour abstrac- 
 tive^ not as a Go vernour., but as a man. Suppofe the 
 cafe were fuch, that if the lawfull Governour himfelfe 
 were with us , he would probably command us the 
 lame thing : and though perhaps he would not com- 
 mand it, yet we might lawfully put our felves into that 
 action againft his will ; as i l " the Turke , or any other 
 common enemy fhould invadethofe Provinces , which 
 the unjuft Party hath divefted the juft of : Forfuchan 
 enemy would deprive one as well as the other; Where- 
 fore betwixt two unjuft Parties , it's better to follow 
 
 him 
 
(4*0 
 himwhoisinpoiieiTion, especially if his Government 
 be probably better for the lociety and Religion of man- 
 kinder mid as for the juft Government he mult consi- 
 der thatluch actions are not io much contra tsprdterfuam 
 Voluntatem. 
 
 The iecond cafe relates in lome manner to the appo- 
 fingofourLawfullMagilirate, but not by a direct in- 
 tention. For example, when wee lee much cruelty exer- 
 cifedupon the continuance of a warre,and probable ruinc 
 of thofe Places where the Armies feeke one another; then 
 if the faid Armies fall into ouf quarters, and we be lum- 
 mondtoam'ff theunlawfiill Party, we may then arme 
 ourfelves, not for him, but for our felves, not in any 
 regard of the caule of the warre, but of its efYecf s; w hich 
 are <De/lrucHon ofli'e } or of liVelybood. In this cale Na- 
 ture helps us to put on our armes, and fhews us the way 
 to the place where we may redeeme our lives, and finde 
 a remedy, though it be in our verv dileafe. 
 
 Ob. But is not this to doe evill to advance our owne 
 good, to cut the throats of thole whole innocency our 
 owne conlciences abfolves ? Can our extravagant fears 
 warrant us to takeaway other mens reall rights } Cato 
 babet potius qua exeat* Sen. brave men would raiher die. 
 How then can any of this be lawfully 
 
 Anf< Here IconfefTe 1 yes the knot ofthe fcruple; but 
 yet by the third Treatife ofthe LaMulriejJe of fome IVarrs, 
 Chap, 2. It is clearly evine'd, HoV> Innocents may be in- 
 mcentlyfyll d y and this objection goes no further, ns.y 
 not lb fcrre as that which is there cleared; For children 
 and babe* cou'd never threaten us with the fad effefb of 
 watre, yet we fee how they may be innocently deftrov- 
 cd by the courie of warre. For Nature commends me to 
 mvlclfeformyowne protection, and preiervation, and 
 that, not as if I had not that right of defending my lelfe, 
 unfeflethey werefirft faulty who threaten mc the dan- 
 ger. For though thev fight bona fide on their fide, and ig- 
 norant v take me to be another kinde ofperfbn then I re- 
 ally am j'ultas men paflionatcly diftrac^ted ( & in dreams 
 life to do ) yet I am not for this reafbn neceffanly oblig'dj 
 
 to 
 
(49) 
 to defeit my feJfe, nor to fuffer all which they prepare 
 probably to inflict upon me, no more, then lam w^en 
 another mans irrationall beaft or dog falsupon me with * 
 iury or mifiake. GoVernours of men are like peepers of 
 heafts; Everyman as he is an Animal, participating 
 halfe with the brute. Alterum nobis cum £>iis 3 alterum cum 
 beJHis commune e ft , faith Salu/l. When an irregular paf- 
 fion breaks out in a ftate, an irrationall beaft hath broke 
 out of his grate or cave, and puts the Keeper to a great 
 dcale of trouble, and thofe whom he meetes w ith in the 
 way in a great dcale of danger. If he invade any one he 
 may be kill'd whether the Keeper pleaie or no, although 
 whilfthekepthis cave quietly he might not be ftirrd 
 without his permiffion. It is a knowne cafe, that if a 
 man un juftly affault another, and be flaine in the acl: by 
 the other, this other fhall not differ for it. 
 
 But in this cafe we muff be certaine of two things: 
 Firft, that we have try'd all other meanes of faving our 
 fel ves and our livelihood : Secondly, that we enter not 
 the Army with an offenfi ve minde, but cum moder amine 
 inculpate tuteU : notwith a direct defigne to kill, b\i% 
 rather to fright, weaken, and to drive away the crw- 
 ell enemy : Before we may ftrike, we mint fee our dan- 
 ger imminent, and in ipfo pene punch ; then it is that 
 <we may occuparefacinm s prevent our ovvne deaths by the 
 Invadors deaths : For when lives are to be loft, then the 
 pofMon which we have of our owne, is to be pre£ rr d 
 by us before our enemies lives. 
 
 The rate of defence is very difficult, becaufe on every 
 handitisfullofCircumflances: yet a point in MoraU 
 actions ( even as in Mechanically not in Euclidian Geome- 
 try) is not without fome breadth. Hence the Law faith, 
 fpQtentiaproxima attui, pro ipfo affu habetur. The rtafou 
 wherefore the Law( which juftly is (o favourable to 
 ' life ) takes that for killing which immediately goes be- 
 fore the blow, is, Becaufe if it fhould not be favourable 
 to us before*the blow or acl, it would not be favourable 
 to us at all; A mans life is that which can be loft but 
 once, and after that, nothing can make it good to us 
 
 E a gains 
 
(So) 
 
 againe, wherefore we are oblig'd to a perpetual J guard 
 oFit: ifnotforour owne lakes, yet at leaft for theirs 
 whofe life it may be as well as ours. 
 
 Chap. III. 
 Whether we may lawfully take new Oaths 
 for theintereftofthe unjuft Party, efpe- 
 cially after former Oaths of Allegiance to 
 an other Party ? 
 
 £ i. What an Oath is. 
 
 2. The matter of the Oaths here mentioned is the fame 
 with that of a Fromife. Of Jffertory and Promijfory 
 Oalhs. All Contracts and Oathes> though in abfolute 
 termeS) havefomc tacite conditions adhering to them 9 
 andfo are mutable. Whether all Oaths be now unlaw- 
 ful '( 'two cafes concerning the qualities of the perfons 
 giving oaths. 
 
 3. the cafes wherein the matter of a fromife and 'of our, 
 forts oj Oaths doe agree. 
 
 4. In matters of Vertue and? iety. 
 
 5. InToffihilities. 
 
 6. In transferring a righc on him who will receive it : 
 Whence difpenfations arije, 
 
 7. In things whereof we have infallible certainty . 
 
 2. Concerning a mans fwearing that fuch or fuch opini~ 
 
 ens are true. 
 9. Of Oaths made to Fyrats and f) rants. 
 
 TNthefirftqucftion the invading party demands our 
 goods, in the fecond our bodies* and in tbjs our very 
 
 fcules, ib farre as a man can make an other iure of them. 
 But as they are precioufer then the other two put 
 
 together, 
 
C50 • 
 
 together, fo we ought to be more advifed In the laying 
 of them out : F u ror eft poft omnia per Here naulum, and to 
 errc in this is to erre in all. And feeing we hete contract 
 with God himfeffe ( who is alwayes thejufteft Party ) 
 and doe iblemnly invoke his juftice and vengeance up- 
 on the breakers of fo high a Contract, we ought there- 
 fore to invoke his Grace more earneftly, that by the 
 direction of his holy Spirit, we may not precipitate our 
 felves, either through feare, faithlefheffe, or avarice, in- 
 to the forfeit ofiuch a religious Act : left whiles we run 
 to lave our momentary goods, our immortall foules fall 
 from us into Hell-fire : but rather that we efteeme it no 
 lofTe with Elm to drop a Mantle in the way to Heaven, 
 or for a (cratch to get a Crowne : 
 
 Atq; ideo intrepidi qwecunq; altaria tangunt, Juv# 
 Though in this particular cafe our condition be rendred 
 moft miferable by the extravagancies of ambitious a£ 
 pirers to Government, yet we fee nothing new practised 
 in it : For all this naturally forts with the depraved con- 
 dition of man kinde. And though we can hnde little to 
 juftifie the Uforpers actions, yet we may finde reafon 
 enough, why after his engagement he fhouldadvile of 
 all meanes for fecuring himfelfe both at home anda- 
 broad in the field : of which meanes this of obliging 
 by Oath is a pnncipall one. Through this jealoufie the 
 Roman Lawes permitted not a man to be a Citizen of 
 Rome, and of another Provincial! City together ; for 
 in time of warre and divifion fuch aperfon would be o- 
 pen to fecret attempts and practices. The Chimiftsfay 
 thofe mettals fooneft diflblve, in which the elements are 
 moft unequally Ext ; Et inter fymbola facilii eft tranfitus : 
 io furely muft thofe men be moft volatile, who have 
 not fomething faftened on them to render their indiffe- 
 rences more determinate. The extremity of this pre- 
 fect cafe, as ofthe reft is, That as a man may faccefsive- 
 ly be under oppofite parties, and fo for oppofite ends be 
 taxt in his goods, and fummon'd to ferveinperfon, e~ 
 ven fo he maybe commanded to fweare oppofitely to 
 what he fwore before* B ut before I fpeake to this difh*- 
 E 2 culty # 
 
■ C sO 
 
 culty, and the cafes depending on it ; I fhall ice dowiie 
 what I conceive of the nature of an Oath in generall. 
 Sett, i • An Oath is a Religious at.eftation of God when 
 we a(Tert or Promiie that which is Iawfull and in our 
 Power, and is then at its height when we put our fel ves 
 under Gods fevere wrath, ifwp deale fraudulently. 
 Some adde this to the reft That it muft be of that which 
 cannot be cleared othcrwife, Exod. 22.10. 2 Cor. 1.23. 
 
 2. That which diftinguifheth it in futures from 
 a Promtfe, is the attestation of Cody and the imprecation 
 which we make on our fouls if we be not faithfully He b. 
 6, 16. God is here in the contract onely uttefiis ; but 
 with this particular prerogative, thatheistheonlyuni- 
 verfall true witneffe, who by right of government, hath 
 alfo a right of punifhing al wayes, and every where. 
 
 In a vow there cannot be Ieflc then two, and they 
 are enough, becauie God is both lufricient witneffe and 
 party, In other disiratfs or contracts we think it beft to 
 have at leaft three, the party contracting^ hee with 
 whom it is contracted, and a witnerfc ; and all ordina- 
 rily under a legail penalty. In 'the contracts which wee 
 make by oath one with another, God Hands as the 
 witneffe , and is to require the forfeit by our ownc 
 contents. 
 
 All Oaths are beft divided In Affertoria & Tromijforia 
 C Of A |T crtory } For in order to the time prefent, }>ajl y or 
 ^and Promif- £ future, we religioufly alien or promiie 
 I fory oaths, j ibmething to be, or not to be ; to have 
 been, or not to have been; thac it fhall bee, or fhall 
 not bee. The AfTerting oath is of iomething paft , or 
 prcfent; tfiePromifing is of Ibmething to be done or 
 omitted in the future. 7 ruth ought to be in both, but 
 with this difference, that in the former it is butjingle, 
 bccaule it relates oncly to die time prefent, and to the 
 Acl of fwearing : In the latter it is double ; Firft, in re- 
 gard of the time prefent, or the act of fwearing, >i^j 
 That then the ["bearers minde and "Words go cong*uoufly toge- 
 ther % with a true intention to obferve what he then pro- 
 niifes ; Aad becaufe upo» the very acf of fwearing hec 
 
 hath 
 
( 53 ) 
 
 hath 'either fworne true or falfe in order to his intenti- 
 ons, therefore in that part there lies an indi/penfable 
 obligation on him : The latter truth relates totbeeffett 
 and the time to come, that is, That the fwearer will have 
 his atfionsgo along V'itb bit fiords, and that he will make 
 them good. But oecaufe the matter of this oath ( which 
 is a thing to be fulfill'd in the future ) is naturally ( and 
 whether the fwearer will or no ) obnoxious to change 
 and uncertainty , therefore the obligation which tou- 
 ched! this matter, and which 'the C All pofirivecon > 
 fwearer bouad himlelfe afterward to< fate of futures > 
 fulfill, it mutable and feparabk from C why mutable, } 
 bis oatb. It was in his own power to make thefirft truth 
 good, which was, that his mind fhould be bona fide 
 like his words ; but unleffe he were a controuler of na- 
 ture, he may faile of making good the fecond , which 
 was, that his deeds fhould be like his words. Hee is 
 forfwornewho intends not what hee by oath promifes, 
 but he is not alwayes Co who effects not what he io pro- 
 miles. The right x apprehendingofthisDiffincStionwiU 
 much facilitate the difficulties of the following cafes. 
 
 Becaufc an oath is a tie to the greateft of Con- 
 tracts, therefore there are three things eipccially pras- 
 r,equifite to it. i. ludgement, left we be irreparably in - 
 fhai»d, zslofua and the Ifiaelites were in fwearing with 
 the Gibeonits. 2.Trutb 3 left God be invoked to a lie. 
 g . Equity, left we make God a countcnancer of wicked- 
 neiTe, and of things unlawfull ; as Saul would have 
 done in his fentence given againftlew^4», when with 
 the tip of his rod he had tafred hony ; and QaYtd when 
 hefwore haftily Co lay Ka b&ls houfe wafte . Of theie 
 three conditions every man is oblig'd to the two latter, 
 before be ftoaerestbem, but not fo fo- ^ We 2te b!ig'd- 
 lemnly as afterwards ; The firft may ( t0 the ma r re r of, 
 be in things properly in our owne Voire Oaths be ( 
 right of diipofing as we pleafe, before Xfore we fweare,. 
 we fweare,buc that obligation or Pro- Jand of others( 
 mife comming, we have afterwards /not till wee 
 no liberty in them at all : In this tkre Mwearc 
 
 E 3 i$ 
 
(54) 
 it no obligation tillv>efo>eare } and when we have done fo, 
 then we are bound at all hazards to ou r 1 el ves , to make 
 the Oath good, but not alwayes the other , when we 
 fweare contrary to our antecedent obligation in the 
 matter of the Oath, Quia prior obligatiopr*judicat potte- 
 rioii, and obliges onelyto repentance for our rafhncfle 
 or ignorance. 
 
 Obi. But againft all Oathes in generall it may beob- 
 C . Ijz&cd, Mdt.<$.33,&c. In Mofeshis 
 
 ^Levit. ip. 12. jLaw j t was fuffic^nt that they were 
 not fbrfworne ; but Chriit faith, we may not fweare 
 < SomeOarhs law -1 at all ; that our communication muft 
 1 full under the >be yea yea, and no no; Two affir- 
 ^Gofpci'. S mations, and two Negations ought 
 
 now tofatisfieaswellasan Affirmative or a Negative 
 Oath. 
 
 Anf. But we anfwer, that Mofes permitted voluntary 
 or unneceflary Oaths, and thefe onely were by Chrif t 
 abfblutely forbid; For ifotherwife, then we fhould 
 not have had fo many of Saint Pauls Oaths recorded 
 by the HoJy-Ghoit; as %om. 1.9. and 9.2. 2 Cor. 1. 
 23. and 11. 31. In all which places Saint Paul ufed 
 mo(t religious affeverations and atteftations of God for 
 amplifying his glory , and therefore when it may 
 reach that end, we may ftill fweare as warrantablyas 
 he did. 
 
 The cafes of 1 The difficulties of all aflertory C aths 
 iatfertcry Care not very implicate, becauie their 
 Oathes not f v , hole truths arc immediately fulfill'd in 
 .dimcu.lt. ^ the adt of f weiring, as being of things 
 part or prefent. ln/l. li. 4. tit. 16, Sett. 6. Conditions qiue 
 adprafensVel prateritum temptvs referuntur , autjlatimm- 
 'firmant obligationem^ aut omnino .non dijferunt, indeque 
 obligatio non cB in pendenti : Qu& enimper rerum naturam 
 funt certa 3 non morantur obligation em 3 licet apud nos in- 
 certafmt. Thofe conditions which relate \o the time 
 paft or prefent, either inftantly take away all obligati- 
 on, orelie differ it not a Moment; So that the obli- 
 gation which rifeth from thence, is not uacertaine or 
 
 fufc 
 
f55) 
 
 fafpended. For example, ItTitiits hath been in Spaine, 
 or if Semproniiis be now alive, I will give you ioo. li. 
 This is immediately flilhTd ., became it is concerning the 
 time paft and pi dent, which are both really fulhTd, tho 
 not yet fully known to the Promifer. 
 
 Thea&sof Governours relate moft totheeftablifh- 
 ment of the time prefent and future : wherefore the na- 
 ture of PromifTory Oaths will here^ The irattero f 
 moftconcerneus. In clearing where- \ ur Oaths, and 
 ofit is molt necefiary to consider, that J of a promife ' 
 the matter and conditions of a Pro- y he fan?e, andj 
 iijjfe are the fame with thofe of this /the obligation 
 fort of Oath , and C which few have^ is the fame, 
 obierved ) rheir obligation is all one_, and difterre but in 
 the forme of Penalty . 
 
 Upon this ground we may fafelyfay, That the bare 
 promife in an Oath oblig % das ftri&ly before he /wore, 
 as after he fwore; and the reafon is plaine; becaufea 
 man is oblig'd onely by that which is of Pacl:. The 
 punifhment expreft in the Oath, relates onely to the 
 Penalty : for which reafon fuch a PromifTory oath fig- 
 fies no more then fuch a Penalty upon fuch a promife; but 
 a Penalty alwayes relates to that only which is unlaw fill, 
 and followes the Violation, deftruclion or negation of a 
 \Pac\ and not its making or being. Tho it be never fb 
 fevere, yet it confers nothing to the firft jtto or Pacl:, but 
 onely to my future feare left I do injuftice. 
 
 All therefore to be inquired after in thefe PromifTory 
 or State Oaths is, what the Nature of the things thena- 
 felvcs are to wh ich they are affixt, our obligations ftand- 
 ing or falling with them. 
 
 Their matter and conditions therefore are of three 
 forts: 
 
 Firft Heceffary ; When the effecl: hath an infallible 
 caufo; as I promife Titim ioo. if the Sunne rife to 
 morrow. 
 
 Secondly, Tmpofsible, either in Nature, as I promife 
 
 'Xititis ioo, if he touch the skie with his finger; orwi- 
 
 E 4 pfsihle 
 
CsO 
 
 pcfsib!ein equity ; as I promtfe Titius loo, if he murthcr 
 Sempronius ; This being repugnant tohonefty and piety, 
 obliges noc no more then the other, and the third pra> 
 requi/ite to all Oathes, excepts againft it. 
 
 Thirdly, Tofsible, in tilings which may happen or 
 not happen, hecauie depending (imply on our owne or 
 others wils, or tnixtly of both, or elie of that which to us 
 is chance or fortune, which cannot be determine! hy our - 
 W ih 3 Kam omnis /fat us humanus ex infidiis fortune dependet, 
 & in perpetno motu conjistit, /. 2, Sett, fed quia, C. de Vet, 
 jur.enucl. The ftate of mankinde depends totally on, and^ 
 (ubfittsinthemidftof the ambufhes and treacheries of 
 fortune, and is in perpetuall motion and change. This 
 third branch is that which affords molt matter for per- 
 plexing Oaths and Promiies,becau(e it relates not to one 
 tmiforme principle, nor to luch things as depend on our 
 ieives, This makes iomefay nopromiffory Cathcan be 
 
 {Ob. TJawfu'll, because oathes muff be certaine and true, 
 An. 5 but allf uture effects of things are uncertaine* 
 To this I anfwer that it is certaine that my minde and 
 words go truly together when I fo fweare, as Abrahams 
 fervant did when he fwore to take a wife for Ifaach^ a fu- 
 ture very uncertaine. A man might as well lay prdmifes 
 are unlawfull becaufe of future uncertainties, tne obliga- 
 tion of a prom iie and of a prom iiTory Oath being the 
 fame It is Efficient therefore that we fwcare things not 
 neceflary but pofTible. Wherefore it is to be carefully ob- 
 ferv'd» That as there arc no contracts, and conic quent- 
 ly no Oaths fo condition a 11 in their beginnings, but 
 C Why podtivepro- ) they are fuppos'd to end positive 
 ^ mi iory Qarhs mu >andabfolutc ones; even fo there 
 l taWe - ) are nonefopoiitive and absolute in 
 
 their beginnings, but are lupposd to have fome tacite 
 conditions adhering to them. In pura obligatione dies ta- 
 ^itusfive Lega'is fubintelligitur, I. inter dumj}.L continuus ' 
 137. Sett, cum ita, I, eum qui cale». 4. Sett, auotiens f, de 
 Ver.obli: All our engagements and actions lye open to 
 the controlement and exceptions which may be made by 
 haty, equity the right of 4 third per fqn y the permifsion of 
 
 God s 
 
(S7J> 
 
 God, and the like, For example, King Solomon forgave 
 Adonijab his ufurping the Crowne from him, on condi- 
 tion that wickednefle fhould not be afterwards found in 
 him: after this Bathfheba came to petition < iKfag."> 
 Solomon in his behalfe, and he pofitftely pro- 1 1.52. J 
 mis d her that he would not fay her nay : fhe upon this 
 demands Adonijab might marry Abifbagg 1 Reg. i^i 
 one of K- 'Davids concubines : Solomon in- L *<>• 2 1.22 3 
 ftcad of making good his abfblute promile, (wore ^/o- 
 nijab fhould dye. Although there was an evident con- 
 tradiction betwixt the termes of Solomons Promife and 
 his Oath, yet he broke not his Promise ; becaufe in his 
 pofoive grant there was included a tacite condition, ^bicb 
 ought to be asl>aluable as any thing expreft, Vi%, that Ado- 
 nijab fhould attempt nothing unlawfull according to his 
 former pardon; But it was treafbnfor any man to at- 
 tempt the Concubines ofthe deceafcd King, befides the 
 f iicceflbur , for fear e of occafioning di viftons . 2 Sam. 1 2. 
 
 8. 16. 2 1. (Z)<rt>i</fwore, and with an obligation f iSam \ 
 of a curfe on himfelfe. That he would deftroyL ?2. 3 s f 
 Nabals houti. which Oath as he kept it not, 10 he did 
 
 notbreakeit, becaufe it had never any tye on him, for 
 equity made juft exception againft it, The fame is to be 
 laid ofthofe who vow orfwearefbmething but are not 
 anv wayes in their owne powers, and confequently po£» 
 fefTe nothing for thcmfelves, as the wife or the daughter, 
 whofe O aths are juftly reclam'd by husband or father, 
 Kwm.30. 4 &c. But above all it is obfervable, 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 fuppoiition of his grace and favour. Hence 
 Abrahams fervant, Gen. 24. 27. faid, God had not left 
 his Matter deftitute of his mercy and truth, which ufually 
 in God goe together. 
 
 Obi. But out ofthe words of Balaam its f Numb. 2 1 .*> 
 objected; that God is not as man, that he Lvcr ip. J 
 fhould lye, nor as the fonne ot man, that he fhould 
 change or repent. Therefore hath the Lord faid it and 
 
 (hall 
 
(58) 
 
 (hall he not do it? Hathhefpokeitand /hall hce not 
 make it good .■> 
 
 Anf. I anfwer, that God is not as man, that he fhould 
 lightly change, no nor change at all, if it certainly ap- 
 peare that his decree be absolute; but that doth not al- 
 wayes fo, if we will J udge by his words. God declared 
 to Adam, that the day he fhould eat of the forbidden fruit 
 he fhould furely dye, and yet after he had eaten of it, 
 God permitted him to live almoft iooa years. But here 
 fbme reply, That by the words, Thou [halt furely dye that 
 day, God underftood that Adam that day fhould begin 
 to be mortail, but not actually dye. To which I anfwer, 
 that this is of no necelTary confequence; For Godthreat- 
 V" Gen. 20.I ned Abimekcb and B^ecbiab in the fame 
 \?. j manner, butnowayesinthat fenie, as be- 
 
 ing perfbns as much naturally mortail before Gods 
 threat as they were afterwards. To Be^ehjab God laid, 
 
 {Ifa 38.7 that he fhould dye of his prefentficknefTe, yet 
 »• 5. 5 God afterwards aflured him that he would 
 adde yet fifteene years to his lire, becaufe he had feene ' 
 his teares, and heard his prayer; whichitfeemesbythe 
 effect was the tacite condition prevailing with God, to 
 alter his pofiti ve rcfblution and threat. The like alfo is 
 obiervable in Gods decree againft Niniveby which was 
 
 {lonah 1 not deftroyed afrer forty dayes ; For God re- 
 s' 10. j 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 
 thatunequall distribution, the Lord did no wrong to 
 any other in giving what he^would onl v out of his owne: 
 In like manner, God in remitting a forfeit or a punifh- 
 mentduetohimfelfefrom another, doth net an a6t of 
 injufticc, bee a ufe he it ill d i ipofes of his owne. Punifh- 
 nient is not a debt from the party injured to the party in- 
 juring: it quite contrary from the injuring to the injured 
 IBaiatisfa&ion, in which knee the often der 'when he 
 is punifhed,is rightly iaid,5Wf ptenas fcllicet injtiriampajfo 
 Ifthis were otherwise, then there were no place at all for 
 
 Clemency 
 
(59) 
 Clemency mluflice : dementia enim non cogitur, &* fine- 
 aejfaria plane eft> dementia ejfe definit : And if there were 
 no clemency after we have forfeited our felves,then con- 
 fequently were there no place for Prayer in CExo.^2.1 
 Religion; and Moyfes had in vain ftrugled \ 10. 14. 3 
 with God, that he would not confume the Israelites af- 
 ter he had declared fo to do . Mercy therefore is not op- 
 posite to juftice but a part of it, 1 lobn 1. 9. God is faith- 
 full and juft to forgive,^/. 71. 1,2. In thee, O lord, 
 have I put rny truft, deliver me in thy righteouf hefle. 
 All which appeares molt clearly; Ier. 18* 7,8,9,10. 
 Ezfc. 33. 1 3, 14. Thus Princes by rheir prerogatives 
 pardon criminals, and like God here prefer ve thole 
 whom they might juftly deftroy* 
 
 3. Gut of all this therefore it ibllowes 5 That as 
 promiies may be abiolute or upon luppofition (in which 
 the obligation is founded on a condition ) Co may 
 oathes be. 
 
 4. Asa promife is not alwaycs of thofe things to 
 which we were oblig'd before thepromife, but of thole 
 things onely which may be done without finne, i>i%. 
 of things lawfull and in our right of difpofing, or of 
 things which hinder not our encreaie in piety and good- 
 neffe ( to which we are' in a higher obligation bound to 
 God both bodyandfoulejeven fo oaths may be of all 
 thele, other wi&fcelirt ejfet fides, as Herods was, to kill 
 lobnftaptijh 
 
 5 . As we cannot effect, fo we can not pofiti vely pro- 
 mile nor fweare impoffibilityes. Things which though 
 they may be done, yet not by us ; or things which are 
 in a future uncertainty. 
 
 6. Hee who fulfils not his promile to him, who will 
 not have it fulfill'd, breaks it not : Co in the like cafe hee 
 breaks not his oath. The ground of this is, becaufe 
 we have not a right of making others keep what is their 
 own in property, longer then they will themfelves. 
 This is the foundation of rhe difpenlation of oatta 5 
 which the Do&ours even of our Vni verities ( as well 
 $s others elfewhere ) give every yeare to thofe who re- 
 ceive 
 
ceivc the'r degrees. To pay a debt is al wave's a duty in 
 the debt our fu long as the creditour will have it a debt ; 
 but it is not a duty alwayes in the creditour to receive ic 
 from the debtour : For acceptation is equivalent to 
 payment. As inthoothers breaking a conditionate pro- 
 mife 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 future 
 uncertainty, io neither can he affure himfelfeof that 
 which paft before he was extant in nature ; and there- 
 fore cannot fafely affert or fweare the evidence or cer- 
 tainty of that which was before he had any knowledge 
 or being. Hence though poffibly the Catholique Reli- 
 gion was not long agoe eftablifh't and profeft in Eng- 
 land, yet I cannot fweare it was ib , without finning, 
 becaufe I have onely a morall or probable certainty of 
 it (not an infallible one J T>i%\ the Tradition of manor 
 f Ob. 1 hearcfav. And ( to prevent an objection ) though 
 x. An, j none of this age f aw Chrift or any of his Mira- 
 cles , 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 ftill gives teftimony both of 
 him and of his miracles, according as they are fet down 
 mhisw r ord. 
 
 8. This cafe fhewes us the dangeroufneffe of thofe 
 aflertotv oaths, which require ustofwearpoflitively, 
 thatfuch or inch a Polemicall thing or opinion is true, 
 which may feeme clearly fotothe learned contrivers of 
 rfiofe oaths, but Hot to others. The thought of the mind 
 is only referved to God, who onely can be f ure of it : It 
 js that which doth another man neither good norharme, 
 umleiTe it be communicated, which indeed may be for- 
 bid by oath, becaufe in the communication of it there is 
 cxtcrnall adtion. Twere happy wee had as infallible 
 means for our opinions in all divine and civill matters, 
 as wc have in our own matters of fa 61 : but if wee think 
 not aright in thofe matters, it is no fault nor fraud in 
 us,* it is a defect of our understandings, which wee 
 
 can* 
 
(Si) 
 
 cannot poffibly help, not an a# of our wills. 
 
 9. In an oath made to a Pirateor a Tyrant wee con- 
 trad with God himfelfe likewise. And if it be concern- 
 ing things in our power and lawfull (that is in things 
 which no man hath Co much right to difpofeof, as our 
 felves ) then wee are bound to make the oath good. 
 Neither is it difficult for us to comprehend, how there 
 may bee an obligation in us to give that to another, 
 which he may have no ftri6t right ro demand, as in de- 
 bito gratia, in doing one good office for another • And if 
 this were otherwife,then the mo(t iblemn and religiou£ 
 eft thing in the world, would have no fenfe nor effect. 
 Nam ut non teneam, niji if?fe nolis , non eft de natura 
 luramentu 
 
 Out of this we may examine and conclude two things 
 concerning the peribns who give the oathes. 
 
 Queft. 1 . Whether they be our Idtofuil Snperiours or no § 
 for fbme think no oath can be lawfully taken, but from a 
 lawfull power. To this I anfwer, 
 
 Anf. That Saint Paul in the fbrementioned chapters 
 i wore, not conft rain d by any Jegall fbrmall power, juft 
 or unjuft, but mov'd by the jurtnefTe,of the matter which 
 heaflerted. If there be a peccancy in the matter contra- 
 ry to the right ofa third perfon, trie Magistrates title and 
 fupremacy cannot warrant it; and if there be no pec- 
 cancy in the matter, but only in the title of the Magi- 
 frratcthennecelfity which is the defar of defars y and 
 which admits an-appeal above them ( as hath been larg- 
 ly proved in thefirft part ) is our Magistrate, and war- 
 rants our oaths as well as i uch promifest 
 
 <Zueft, 2 K What if the powers above us fwear us to 
 fuch things as may be good, but which afterwards we 
 cannot actually aa:omplifh > 
 
 Anf. If the defTciencie proceed from aliccay of thole- 
 powers, and that we contributed nothing to it, then we 
 'are free: namauimneftcaufa caufie nonejl can/a caufati- 
 Secondly* If the good things iwornc be of Religion and 
 the promoting of piety, and that by the means of the 
 power whicjj fyyore us, then if that authority faile, wee 
 
 are 
 
are freed from fb much as concerns our effecting it that 
 •way, and we are left onely to that obligation of Precepts 
 which tied us fufficiently to advance piety and Gods 
 worfhip before "toe f*ftore. In this cafe we ow e nothing to 
 theMagiftateforthe matter of the oath, but to God 
 wl?o hath here Jus teftive per f once ut partis & teftis. For we 
 are originally bound in all things to fcrve him with all 
 our hearts and fbules to our 1 i ves end . In modo promoVen- 
 di pittatem, we are more intend vely obligd by oath to 
 cooperate with the Magiftrate, and ifheeonhis part failc 
 wilfully or negligently, at his owne perrll be it, for 
 we are thereby difpenc't from the tie of the oath mat con- 
 dition failing. 
 
 Chap. IV. 
 
 In whofe fenfe is a Promiffory oath to bee 
 taken and kept 5 either in the givers or ta- 
 kers fenfe? 
 
 T Anfwer that it is to be taken and made good in the 
 ■* Adminitfrers fenfe ( whofe oath I 1 uppofe it be } or as 
 thefwearer conceives it underftood< commonly by o~ 
 thers. For it is a Promiie or contract of transferring 
 f ometh ing to another , iv^ : to the firft propounder ; and 
 therefore in it we do but follow hiswillormindeas 
 the principle, to which the words relate. Suppofe I 
 voluntarily promife a man fbmething abfolutely or 
 without delay, and he conceives but upon condition, I 
 am notwithftanding obliged to give it him immediate- 
 ly; Becauieallthe Obligation which is, comes from 
 my mind, of which the declared fenfe was, to give 
 without delay : So if I promife 20. and he fionceives 
 but 1 o. I am by my owne will, and the faith of a man, 
 obliged to 20. which was the principall and declared 
 fenfe, In 
 
(*3) 
 
 In like manner, if I know the Propounded mind and 
 meaning in his Oath, andfweare in thofe words which 
 properly fignifie his mind, I ftand bound to his icnfe ; 
 becaufemyfenfe tells me, thatfoch orfuch was his fenfe. 
 It is a mans thought within, more then his words with- 
 outj which are to be confidered : 
 
 ; — <Dees qui rogatillefacit* Mart. 
 
 Becaufc internall A6ts (fuch as are the thought and 
 will of the mind) are not vifible by the eye; Yetfome- 
 thing is certainly to be determined, that lo the rcligi- 
 oufeft and ftridteft. Obligation in the world,might not be 
 without ks'eftedt 
 
 The meafure of interpreting, is the Collection of a 
 mans mind by probable fignes; which fignes are either 
 words, or other probable conjectures. In cafe there bee 
 no figne which might (hew us the contrary, then words 
 are to be taken in a plaine common fenfe, and not too 
 much Grammatically : And therefore the R omans (as 
 others likewife have obferved ) dealt trcachcroufly with 
 Antiockm, to whom when they were to give halfe fuch 
 a number of Ships, they divided each Ship in two: In 
 which, tho pars dimidia naVium were true Grammar La- 
 tine irf that divided fenfe ; yet all the world could not 
 underhand it, but of whole Ships. 
 
 Thusw r henweipeake of Law, we ufethctermesof 
 MensLegis, though indeed it have nothing but words; 
 And we fay, Summum jivs may be fumma injuria, which 
 is impoffib'le according to its words. All this (hews, 
 that it is the meaning of the Principals mind, and not 
 bare words which fpecifie the things in quettion. And 
 ieeing all Oaths are compofed of words, and that wee 
 have found what muft be the fence of them ; I (hall ex- 
 amine what Obligation they have in the Societies of 
 men* 
 i 
 
 CHAP. 
 
Chap. V. 
 Of the Obligation of Words. 
 
 IJEavcn and Earth fhall pafle away fboner then 
 *"*Gods Word; the rcafon is, bccaule it made both 
 Heaven and Earth,and the caufe is alwayes nobler then 
 its effect. All change argues imperfection, and there- 
 fore Gods Language is a 1 waves thefame:Butmanis 
 imperfect both in his understanding and will, and Co 
 consequently in the fignes of both : His habit, manners, 
 Lawes and Words derive his Pedegrce from Babell 
 and confufion. However, though all Countries vaftly 
 differ in the expredions or fignes (which are the fignifi- 
 cations ) of their minds, yet they all agree in the fame 
 fence of the fame thing : Two and two in all Coun- 
 tries make foure, though two and two fignifie foure but 
 in one Country. Wherefore every Country is obliged 
 to communicate in its own words,, according as they 
 arc popularly, not privately underftood by them, • 
 
 Qucft. But hoto are they obliged to that} 
 
 Mnfto. I anfwer by Contract, even as they are to 
 their particular I awes. For that power which makes 
 a Law, makes a Word, and that which abrogates a. 
 I aw,takes away a Word : Cufiome makes a Law, and 
 cuftome makes a Word : Yea, 1 aws themfelves are 
 the vaineft things in the world for Government, if we 
 have not an Obligation one upon another, whereby 
 we are a {fared of the publique fence of the words, which 
 every one is to practice thole Lawes in. 
 
 If words change, we are to accompany their change, 
 as we would accompany the Society in which, and by 
 which they are chanped : But yet wee are alwayesto 
 kcepe to the fame fenle , whicli is the end of *all words: 
 Infbmuch that if by old Tenure my Anceftours were 
 obliged to furnifh to the Land-Lord fo many Oxen 
 
 yearly, 
 
(«0 
 
 yearly, and that by change of time the word O xe fhould 
 nowiignifieperhapsaFly, yet I am obliged to pay in 
 that which was meant by a Fly at fuchatime, which 
 was then an Oxe : I put this piaine cafe, becaule in o- 
 ther Tongues there hath de facto been as Grange, yea 
 Granger changes of words, witneffe Lufa (? lupanar, 
 &c. 
 
 It were n eedlefle to fpeake further concerning the 7>- 
 giflatiVe potocr of making Words, the reafon of it isfo 
 clearc. and every where in practice : I fhall onely ob- 
 ferve that the Romans, even cut of Italy obliged the 
 Countries where they had their' Legions , to fbl'icite 
 their affaires, and communicate with them intheLa- 
 .tine Tongue which gave them their I awes : For it feem- 
 ed fbmc kind of fubje&ion for the Governing party to 
 apply it felfe to thoie whom it Commanded. Hence 
 .French, Spani/h, and Englijh alio retaine a mixture of 
 Latine words ro this very day* Tnus the Pope pretend- 
 ing now to the Supreme power and Jurisdiction in 
 Religion, lets thofe of his Jurisdiction (in ieverall 
 Countries ) the Language of their Religion : .A nd were 
 knot, but that I conhder Horace lived when all this 
 was pracl ifed, I fhould much more have admired his 
 profound determination of this QuefHon in his Ars 
 ^oetica, 
 
 ^uem penes arbitrium eH>&jm ($> norma loquendi. 
 The confequence of all this fhewes us whatanun* 
 naturail and unlawfull thing it is for a man to falfifTc 
 his words, to tell a lye, to ufe mentallrefervafions. ex 
 fubtkentia, or equivocations, ex Amphibologia, which 
 makes a martyrdome fol!y,and leagues and contracts of 
 no affurance. This therefore was originally the aclof 
 the firft Law-breaker, who therefore is called the fa*- 
 xher of lyes, as God is called, I am that I aw a the Father 
 Vof Truth, in all his words. 
 
 LeYrt. 19. 1 1. Te fhall not deale fa-fly, neither lye one h 
 another; ftflr (Eph. 4. 25. ) Te are members one of another* 
 Gal. 2. 11, 12. 13. Peter is feverely reprehended by Paul 
 for diffembiing, out of a feare of thofe of the Circumci- 
 
 F /ion 
 
(65) 
 
 Hon* Here he who was at ail perils to profeffe truth, pro- 
 feft lying, for he intended todeceive. 
 
 Ob. It is objected, That he who equivocates tells an 
 untruth, not to deceive another, but to preferve him- 
 ielfe. 
 
 {OfEqui-1 Anfi>. Ianfwer, That he who thinks o- 
 vocarion. J therwife then hee fpeakes^ deceives, and 
 intends to deceive. For he tells his thought to another, 
 different from what his owne heart tells it him , that io 
 he might beget that opinion in the mind of another, 
 whicrns to deceive , and to elude : To lav hee doth ic 
 only to preferve himfelfe, reaches not the difficulty; for 
 though that be his primary end. yet bis Intermediate end 
 is to do it by deceiving. Let him allow the lame liberty of 
 plea to one who ham robbed htm, and he {hall prefent- 
 lv hearetheTheefe Jay, That his end in that A&ion 
 was onely to preferve himfelfc, not to wrong him : 
 Which yet he his Adveriary will not take for ajuftifi- 
 cation. No cvill therefore is to be done , that any good 
 may come of it, %om.^. 8. otherwife the DeviJl would 
 be as a con-caufe co-operative wich God, and collate- 
 rally not oppofite, to him. Truth and Falftoodare parts of 
 Tuff ice and injustice, which have relation to our Neigh- 
 bour ad extra; and therefore are not ro be eftimatcd ac- 
 cording to that which is feigned, retiredly within in 
 the mind, but which flowes from the Tongue in known 
 and intelligible words; 
 
 j — 'Pofl effert animi motus inter prete lingua. 
 For the mouth of an honeft man is in his heart , and the 
 heart of a knave is in his mouth. But it is to be well ob- 
 ferved, That he whotclsnotall the truth tels not a lye; 
 which was Abrahams cafe, Gen. 20. 2. when he faid no 
 more of Sarah to Abimelech but that ihe was his Sifter, 
 That of St. 'Pauls pretending to be a Pharifee, AB. 23. 
 6, j. after his being an Apoftle, is a little more intri- 
 cate, becaufe in executing an Office , efpeciallv fuch a 
 one as confifts in an upright wirneding a Truth, and 
 fuch a Truth as immediately relates to the Intereft of 
 Cods glory, and uot of our own , md-ypbith ought to be 
 
 dmt 
 
( &7 ) 
 
 done infeafon and out of feafon > ( as St faul himfeife 
 iaith ) there we outfit to be moft peremptory and un- 
 maskr, Exod. 23.13. Elifh 1 permitted Kaaman to live in 
 an idolatrous country, on condition that he teftifiedhis 
 diflike. 2 l\ing. 5. 1 8, 19. However St (Paul f truck not 
 in with the Phariiees againft the Sadducesupon a Con- 
 tradiction, though in that dangerous Riothe would not 
 declare upon what ground he beleeved the Refurre6tion 4 
 To pa fie a dangerous \V00d fafely , it is fometimes 
 lawful! to put on iuch skins as the Beads have which 
 haunt thole Woods ; but not fuch as Apuleim his Theefe 
 put on to deceive and rob men. Nay, thoit^ords^bicb 
 are not in themfefoes true, are notalfrayes ties ; For they are 
 directed to a Morall and to a pious end, and there- 
 fore by that intention are not contrived to deceive or 
 abufe. Of this fort were our Saviours divine Parables, 
 the Story of <Di)>ts and La^arm ( for fingers are not in 
 Heaven, nor tongues in Hell, ) and of the Prodigal 1 
 Child- f ikewife of Jotbams Trees going to chufe a 
 King, Mg. 9. 8, And of the poore mans onely Ewe, 
 which the Prophet Katban afiured King <Dal>id was for- 
 cibly killed by a rich man. 
 
 Having therefore thus throughly ( as I conceive) ex- 
 amined the nature of Oaths, I fhall fpeake to the parti- 
 cular cafes wherein they are or may be praclifed : and in 
 the firlt place, I (hall Ipeake of the Leagues and Oaths 
 which p; lie betwixt Prince and'? rince j that io we fee- 
 ing how farre they conceive themlelves mutually ob- 
 lit? d by Oaths, may the e afilier guefle at die Nature and 
 obligation of our own Oaths to them. 
 
 . 
 ^ ., . 
 
 Chap. VI. 
 Concerning thofe Oaths which pafic betwixt 
 ► Prince and Prince. 
 
 ; ? — : 1 — 
 
 COmedilpute, Whether as Kings can abiblve their 
 
 ^iubjects from their oaths to than, fo whether they 
 
 F z can 
 
;'.ftf-). 
 
 can abfolve themfelves from their owne -oaths. The 
 grand lub:ikv of this is, becaufe the a&s of fupremc 
 Princes arc no: contrary to but above all law : and 
 they are done in placej where they are not lubjedt to any 
 fuperiour jurisdiction, for if they be a&s done -at home, 
 thenitisclearetheyarcab->veth?ir fubje6ts:If abroad by 
 any Proxies, then its clearer that their perfons are lefle 
 fubjec~r. Butbecaule they have promifforily transfer'd 
 eights to others, and that God is in the obligation, and 
 that all perfons and places are alike fubjecl unto him, as 
 heisKingof&ings; therefore (uch Princes are obliged 
 as much as others, in foro inter m, ( of which jurisdicti- 
 on all Oaths are ) though not in fa o externa. .The for- 
 mer defcriptionsofthe nature of oauhs are furhcient for 
 the further proofe of this,and therefore it would be need- 
 leiTeto enlarge upon it. 
 
 If oaths be made by Princes to Princes in their Prince- 
 ly capacities, but that thofe Princes are in their Princi- 
 palities obliged to Lawes, then their Lawes being a- 
 bove them ( in regard they ftand obligd to them ) their 
 perfons a re onely conditions of their oaths, whereby it 
 is manifested, onely with whom they contracted, Yi^\ 
 \\irh the communities whereof they are the firft and iu- 
 premeft 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 qualities former- 
 ly were as conditions moving to the Oaths and Con- 
 trails, then the whose obligation ceaies betwixt them. 
 This cafe is fpecified above, in the (Jaths and Treaties 
 •which lately paft betwixt our King, the King of Sp line, 
 and the now King ofPortueall; as if our King flood 
 obliged to the Kin^ of Spiine, only for lb much as he 
 fhould be able to hold in his Poflcision. 
 
 Thus much briefly concerning Oaths betwixt Prince 
 and Prince. Now I (hall ipeake concerning Princes 
 Oaths to the People, efpecially concerning uoronati- 
 on-oaths: and afterwards I {hall ipeake concerning iub- 
 jecls Oaths to their Princes. 
 
 CHAP. 
 
Cj?sO 
 
 Chap. VII. 
 
 Concerning Princes Oaths to the People, and 
 of Coronation-Oaths. 
 
 £ i. H)W Primes tbinkjng to kfep thofe Oatbes, may 
 break? them. 
 
 2. Of State Oaths. 
 
 3. TbeOatbs and state-ails of Communities in Ages 
 paft 9 are the ads oftbeprefent Communities, if there 
 were no intervening fundamental! Change. 
 
 4. How a man may juftly change bis will. 
 
 5. In what fence Cimnunities change not. 
 
 T/Suallyin all places Kings at their Coronations 
 v fWeare, That they will kecpe, and fee kept^all the 
 Lawes which they flnde at their entrance, and that they 
 •will not innovate and change any thing in them. 
 
 Sett.i. Though this feeme very candid, yet I fay there 
 is nothing which can (boner mine a State, then Princes 
 rigid keeping, or carefefle breaking fuch Oaths. If they 
 hold to their naked termes, then there can never 6e any 
 good reformation : For that uiually requires the tak ing 
 away of fbme Lawes : A nd a power ofabolifhing fbme 
 old Lawes, is a seflentiall to Government, as the ma- 
 king of new. Thus alfo if they care not for keeping their 
 Lawes at all, then thev may takeaway the goodL awes 
 Sas well as thebad; and fb there is tyranny in both. What 
 4s then to be done > 
 
 Sett. 2/ I conceive that all fuchOaths,as they are of 
 <c matter ofState & Government, fo They are to be in- 
 terpreted according to the Tacitc Conditions and 
 
 F 3 foundations 
 
(70) 
 
 il foundations of Government, of which, The preferta- 
 " tion of the community is the chicfeft. And becaufe the 
 dangers of a State can never be all forelccn by any com- 
 pany of men, by realon of the infinite circumfrances of 
 humane actions and accidents, therefore they cannot be 
 all caution d in Po/itive Lavvcs ; JSUtn optimis rebus fv.d 
 femperadjlantpericulaaut kdnafemtur, which as Tlautus 
 faith, nobis ancillant quafi fcapb*. Thofe iawes for this 
 reaion, are laid to be made cumfenfu human* imbecillita- 
 tis , and to laft no longer then they may bee for the good 
 cfthe community who gave them their being to no o- 
 therend. So that we may well lay, thole Magiftratcs 
 'tohoobfUnattly hold tbm to their Oaths, brtak^tbem. For 
 thinking to favc the I aw in its letter and words, they 
 »ay lole and mine their fiates and lawes, by not keep- 
 ing to the originall fenie of them, farther then which 
 they cannot goe : Wherefore each Community hath a 
 liberty of excepting thole future caies from the rigour of 
 their laws, which in all probability they who hYft made 
 the laws would have excepted, if they could have had 
 certaine knowledge of them., when they were making 
 the fa id laws. 
 
 Obj. But it may be cb je&ed, That we have not fuch 
 a liberty in others a£ts as in our own, nor yet have we li- 
 berty in all our own, For an adt oncepaitjs in faith to be 
 Jcept, efpccialiy if an oath be farmed to it, &c. 
 
 Anf. Sett 3 . To this I anfwer , That it 1 s ill iuppof ed 
 that the Legiflativeacb of former ages are not ours: 
 For we are Hill the lame fbciety or body politique, which 
 dyes not, no fundamental! change intervening : Though 
 the particular perfons of paff ages be no more, yet the lo- 
 ciety is the fame - y juli as the ijhine is the lame river it was 
 at the beginning, though its waters Hill runnc away,an d 
 are every moment buried in the Sea . 
 
 When our actions are for our le Ives (and not in ma- 
 king over fome rights toothers ) then wee hay>e alwayes 
 \ Naturall liberty to difpofe of our actions for our lelves, 
 as we (lull at any timefinde fitting. The body Politique 
 $an be cpniidercd but as one particular per/on, and what 
 
 ic 
 
f70 
 ita£s isufually for it felre : and Co in that confequence 
 hath a liberty of doing or undoing what it fhallfinde 
 beft correiponding with its particular intereft. 
 
 4. Every particular man hath liberty to change his 
 will in the diipoling of what is his own, folongashee 
 lives, and the laft will invalids all the former : and hath 
 not a body Politique as large a privilege , which is the 
 fountaine of all privileges ? And indeed how is it ima- 
 ginable that a man hath power to bind or fhackle him- 
 lelfe, or that a Community can force an obligation 
 upon it felfe? feeing it is neither fuperiournor inferiour 
 to it (clfc t Surely there is a better way for remedying an 
 inconvenience, then for a man to obbl ige himfelfe to 
 continue in it* 
 
 5. Neither can a Community bee properly faidto 
 change: Becaufe it {till holds to the fame end, V/^. 
 The prefervation of the whole. Tis a true maxim, 
 qtae ad finem ducunt in materia, morali tejlimationem habent 
 a fine ; ta ke the cafe thus : The generall end of a Pilote 
 is to fave, not to caft away thefh ip committed to him : 
 his obligation is to bring it fafely into fuch or fiich a 
 port: If the lands change the channell, then he is ob- 
 liged t6 quit his oldcourfe^ and to change it according 
 .to the change of the fands ; but yet all this is not with 
 the change of the generall encf. Thus though he be 
 oblig'd to preferve the goods for the benefit of tho/e 
 who committed the fhip to him, yet In a tcmpeft, to 
 fave the fhip, he may not throw over his men, but the 
 faid goods, notwithftanding his, obligation to -fave 
 them. Aurum non Valet templum, faith our Saviour, be- 
 caufe it ferves it : Wherefore the old Prieft did very 
 rvrudently , when hce fa w his Temple on fire, to throw 
 all his holy water on it ; and when that would not do, 
 to cry for helpeto this his laft remedy, cum aqua non poF- 
 
 Vum ruina extinguam. Though in this neceflity hee pluckt 
 downe the Temple which he was bound to preferve, vet 
 by this meanes he fa v'd fome of the ftatutes of the Gods, 
 for whom the Temple was built. 
 
 F4 CHAP, 
 
C«7) 
 
 \ , . 
 
 Chap. VIII. 
 Concerning fubjefts Oathes to their Prin- 
 ces. - 
 
 i. Wherefore dangerous to examine fupreme rights. 
 
 2. Of Monarchy, Ariftocrac), and 'Democracy. No fort 
 of Government which can give alwayes a cataine re- 
 medy for an inconvenience of ft ate. 
 
 3. Wtiy fome Countries more inclind geographically to 
 one particular fort of government then to another. 
 
 4. Wherefore we are abuCdfo much in diftrinutive luftice, 
 ( Rewards and Punifhments') as alfo in the pleafures of 
 jenfe , riches and honour, for the enjoyments whereof 
 we fo vainly torment our f elves. 
 
 5. Of the power of dominion, and tberightofexercifing 
 it fpecifically in this or thofe bands. 
 
 6. Foure cafes wherein fubjefis are freed from former 
 Allegiance. 
 
 7. How a man may tak^ an oath from an unjuft invading 
 party, contrary to thofc oaths which perhaps bee toob^e 
 firft from the juft party , whopojjibly brahf no condi- 
 tions with him. 
 
 %. Some Kingdomes for the Trince alone and his be- 
 nefit. 
 f . Of the Harmony of Oaths. 
 
 10. Two wayes of takjngoppofite oaths. 
 
 1 1 . Oftbe preemptive will of the Prince. 
 
 12. Of the conditions of thofe oaths whereby we r are fworni^ 
 to lofe our lives for our Prince. 
 
 13. In what fenfe may a man fweare that be bath the right, 
 whom be kjiows is in the wrong ? Offubfcriftion in the j 
 
 Cbunb 
 
(73) 
 Church of England, 
 j 4. Why Penalties better [ecurities forfrinces Rights 
 then Oaths. 
 
 I. TN government it ought to be moft prudently cau- 
 tioned, that a Society of State ravel! not out into 
 a diffolute multitude. For in confufion there is a rage 
 which reafbn cannot reclame, and which muft bee left 
 to calme and fettle, as waves do after a tempeft, both 
 upon themfelves and of themfelves. 
 
 Tis confufion arifes moft out of the reflection which 
 particular men may make on their particular rights and 
 liberties , which perhaps may lawfully belong to them, 
 but are not alwayes convenient for them to have, no 
 more then knives and daggars are for young children or 
 diftra&edperfons. Libertas enim fingulorum erit fery>itm 
 omnium. Befides it takes away all future intelligence, 
 and breaks a Chriftall glalle, which can never be peec't 
 againe fb finely as it was, but ever after willfhew bro- 
 ken and angry faces. 
 
 2. We tHink our fcrvice here very hard, being one- 
 very hand expos'd to perpetuall combats, and ftine we 
 would meliorate our condition by experimenting what- 
 soever preients it felf firft to our preiTures, but in vaine : 
 for like men in feavors we may change the fides of t he 
 bed, but not our temper. The ftate off Mon r h 1 
 Monarchy is of all the reft moft excellent,!. narc _/ > 
 cfpecially when it reprefents Gods dominion, more in 
 the Jufiice.thcn in thefingularity of the Governour. But 
 becaufe there is no prince who is inabled with prudence 
 & goodnes any way Co great & fbveraigne as is his pow- 7 4h 
 er, therefore hee cannot but commit great errours; and ' 
 ftanding on the peoples fhoulders, he makes them atlafl 
 J complaine of his weight, and of the lofle of their libe rty 
 ) which is alwayes -their defired end.Ari-f Ariftocracy.X 
 ftocracyJtanas like a moderatour be- \ . 5 
 
 twixtthe exceffes o f King l y and pop ular p ower ; bu t 
 this "mixture oftentimes produces monfters. .THe bloudi- 
 efi commouohslhat are, Happen injhjs, ltate r though 
 ' ft# efteem'd 
 
(74) 
 
 cfteem'd mofl temperate, juft as the greater!: ftorms are 
 found in the middle region of the Aire, and in thole Ga- 
 lons of they ear which are leaft fharpe.Noone part of a 
 ftate can be ftrengthned,but by cutting the finews of ano- 
 ther y Sedfpoliatis armafuperfunt'J uve. and impotency re- 
 prefenting at the lame time both miiery &f corn,takes life 
 cvehindilpaire, and ifit cannot be beholden to the re- 
 Jiere of an Enemy, will make the publique .mines of a 
 Kingdome its £ rave. Take awayArmes and Libertie, 
 and every mm is without intereft and affedhon for his 
 Country : Invade his goods, and the fountaine of a 
 treafury is immediately dried, and hee as ibone made a 
 beggar ; and after theie diftrelTes as MachiaVell faith, He 
 toill not lament fo much the loffe of bis publique Parent, as of 
 Lis private Patrimony. Democracy reduces all to equali- 
 {" rTTTT mm t*y> anc ^ fe vours tne 1~ ibertv of the people 
 * > ^^^ ^y^in every thing; but witha 11 it obliges e- 
 very man tonold his neighbours hands, it is very fhort 
 fighted,permits every one in the (hip to pretend to the 
 helm, vea in a tempeft ; through policy it is oft con- 
 f train d to introduce all thole deflations which ought to 
 be feared onely from envy, and at la t blindfoldedly gets 
 fuch falls, that it fcarce hath force enpugh remaining to 
 raife it ielfe on its legs againe. It hath Iwing of liberty 
 large enough, but fuch as is not proper to cure its owns 
 diftempers, feeing it is very dangerous for a man ( when 
 he may have other choice.) to be both patient and Phy- 
 fitian tohimlelfe. 
 
 Finally, Ifthis fupreme power fall into the hands of 
 a heady and of an unconftant multitude, it /s lodg'din a 
 great animall, which cann ot begetter then in chaines. 
 This is the cifcTe*which we7o painfully move in withouT 
 ta tistying'our dcii res : And no wonder iceing feature 
 nTe very parus lick and dilkmper'd, and therefore can . 
 fmdereft in no pofture. Humane iawes grow out of vU 
 ces, which makes all governments carry with them the 
 caufesoftheir Corruption, and a complicatioii of their 
 infirmities ; and for this reafon they are ever deftitute of 
 vcrtue, proportionable to die devotions of our crazie 
 
 com- 
 
(75 ) 
 [complexions ; juft as the ftatutes of Trajan's gods were 
 Idifproportion'd to the gate of his Temple, out of which 
 ( as Apoiodoms told him ) they would not be able to get, 
 if hee mould at any time fiand in need of their ak 
 liftance. 
 
 3 . Yet in the midft of thefe our fhiftina s and chang- 
 ings we are naturally inclin'd to one fort of government 
 more then to another , and it is obiervable, both out of 
 the Hiftories of the former Monarchies, and out of the 
 Moderneitate of the world, That the Eaftern and hot 
 Countryes which lye under the courieof the Sua, are 
 moft difpos'd tqtheliat eof Monarch y a as in th e large 
 e xtents of yfr/fy lurHe* Aftiid^ fPrruTwi Mexico K m 
 which later quanerortnc world, the people whonave 
 experimented both , are governed better and more con- 
 te ntedly by the S pani ar dot fortuguife , then by the "Wfi ,- 
 timder' 3 whoarrbyfiKih meexcHfeiof kindhelleand 
 or cruelty : and as is recorded of the trench in Sicily, y/Jlo 
 one while would bee dancing in the Streets with thole 
 whomtFj tiyl itfd< ! 6 l iquat!il; aij tt pfefCHtly afe w^uTt 
 "&J!!!l!WnUuiem upon paine of Death not to ftirre out of 
 their dores/'TJut in Europe an d fon eerer the Pole, 
 Countryes are dupos'd more to llepuElTques and po- 
 |mtrnntxTJfes ^' temper d accordlnOp fund auientall 
 laws, and the authority or Jbiets and SenalsT Ntcto^ 
 tarn ft rYiti'.tcm £ati pqjfunt u nec totam liber tatem . Taci^ 
 For this rea ion' tonie vain ly fay»triat the Northeritjuar- 
 ter or the wor.'d is alwa yes more imbroild in C iyiil 
 Warre then th e Eafterne. T or moujh'^ucTiluliclarrien-- 
 t3*ll UJUks ilillTcir locieti es ieem to confine as it were 
 on a banable ground, wher e a gap is open to uiurpaa - 
 e ms ' , artdtofi iro hlttfrSonc f rom^ another, >'et th e lupTe- 
 ' macyand ultimate rl'/ufr of power in iucfr ltates isl o 
 cTefTiicl anS lodge!, that tfeey provid e more effectually 
 ^fcrtettfflinp 'then for Cher : growth* oMmbitiornrnd 
 fy'ra nny.^Sein g therefore this tempeit wh ich wee live in 
 is likely t o oe perpetiiah t tne belt way to ifeep in it, as 
 bur SavTour cud m nl s. is to quiet air within, rather 
 ffleTluTTnTcrfferllyto clilpute any thins* withouT":" and 
 
f70 
 
 to confider that we are now in face mundi, 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 Diftributive Juftice, Reward, and Puniih- 
 ment. 
 Of ftmifh "7 4. For to be able to punifh thofe who 
 «r.enr. Jmay wrong us, the power of the govern- 
 ment c whai. iocver it bee ) muft be above all other 
 powers, and consequently abiolute, without redrefle 
 orappcale. Maoiflrates are they of whom it may bee 
 
 '" r\? S ' "V^^ty * aic * -Quinolunt occidere quen- 
 
 Of Rewards. Squam fo/fe Volant. As forRewards, 
 
 though the Governors were all like 
 Cdfars, and had his Kingdoms and ge- 
 Florus "<L nerous minde, Gratis utcunque erit alijs 
 
 Sip fa beneficiorumpotentia. Befrdes all this 
 wedoebutabufeour fclves in prefuming of apleafanc 
 condition to be recovered in this life, be it either in 
 Senfe, Riches, or Honour: For really pleafure is here 
 
 {Of he pea ^unattainable, not fo much through a 
 fureofScnfe. jCiviil, as through a Naturall defecl:, 
 in the disproportions which are betwixt our Appetites, 
 ourSenfes, and their objects. ■ 
 
 / As for that which we 10 pompoufly ftile the ravifh- 
 /ment of the Senfes, or ienfible Pleafare, it is onelya 
 / preientbein^outof thatpaine, which troubled usim- 
 / mediatly before ; and when that is over, then another 
 ^ prcfentlv begins to enter in the place of it. B elides no 
 man I believe yet ever was in theactuall enjoyment of 
 fo high a content, but he could at the fame inftanthave 
 imagined to nirnielfe fomeching of the fame kind a de- 
 gree higher; and his miffing of this ( whichin right 
 e ifon he mould not have expected ) indifcreetly breeds 
 4iis anxiety. The paines of hunger and of Repletion 
 fpurre us on to the functions of L ife, and Nature ac«r 
 "companying all our piinfull actions with fomefecret 
 promife of jov, under that charme hides^from us 
 what (he intends we fhall afterwards fuffer in our 
 fenfes, 
 
 As 
 
 {: 
 
 ITl( 
 
 po 
 
 or 
 
 {. 
 
 i 
 
(77) 
 As for Riches, they confift in things f q£ ^j^, 1 
 without us, and were to be fought after \ j 
 
 above all 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 io many things 
 as another, isricheftof the two: and the fewer things 
 they be which relate to and concerne a man, thelefle 
 trouble af fli6ts him. Upon the whp jf wp may fay of 
 them with Seneca; a aipmmKrliura Penturi - 
 
 This reaf on abates much Iik'ewiie of X of Honour \ 
 the price of Honour; which indeed even L ' S 
 
 m Pri nces is no better then an abandoning die dorrilHfc 
 CflUf LlltJlF dvVn uenbns "to take ^ the care ortnoufanHs 
 df Utllel's": jhor the wretcnedelt children in their Na^ti- 
 flflS $?J>e<5t ftrength and remedies from them in their un- 
 
 j uft fuffeTlngs : ' j'ult as t he wea ke Infant dothPhyiicke 
 in tne mifRe luckt fro m the"Nufies"bo_d ^ which Is 
 w^elgenHtrie feby'? "" ,y "~ 
 'tte'mo eodem tempo re ajfcaui potefimagnam f^mm^m^ 
 
 nam gu i etem: : tjuinctii. 
 Mgane people lye a'lf at tne roofs of Trces7 an^enjoy 
 tfldt quiet ffi eTgT ^hTch tfrey wholit a loltlh^he^bowes^ 
 ISjflnot.T 'l hls'made Cafar feare Vomfeyslaxc, when hee 
 had got his power and became what Pompeyytz s. 
 tarn cinis'eJt^FXe tarn magno rejtat /icbtlie '" 
 l^ efcioguid part am auodnonhene compleWurnarh . 
 The Old Phlloiophers conlidering this over-rkhnefTe 
 in our fancies and appetites , jet concludii^lnaFGoH^ 
 and N*aiure madeno faculties in v aThV, right! y r fou5H^ 
 ^rreliciry and pleafure but of Mat ure, and beyond the 
 bounds of this jarring world : thev were o^clylunrligr 
 py in hdtdifcffhthg the right Objeft, ChnfUefus; he 
 rnthTBewnusoiaTw becauTe not fib - . 
 
 ject to chang e, nor anyway e lementary. They who 
 Have fait h to embrace ltrffirdie world immediately 
 ^e neauTth em :, and the to uridei'ablrtHTmfflTrtgnr^ 
 il^lharlTg ioij c buias J Wind's blowing oF ' leavesup 
 and downe, lif^ich faffle it matters not w hich id- 
 umpsQy erjtnc othe r. ~- 
 
 In 
 
(78 ) 
 
 In the examination therefore of Rights , and of the 
 caufes how they are forfeited, The familiar canva- 
 fing ofthefe fuprcme Rights appea res (by whatispro- 
 ved before) to be che dangeroufeft. For it unloofens [he 
 very pins of Government , and fo lets all the Frame fall 
 into confuiion, and by that into the extremity of dan- 
 gers. However, because there may be jiift caufeof can- 
 tying the forfeiture of tbofe lights, according to thofctacitt 
 conditions, which are the ground of the peoples*.; aths, 
 as well as of the Princes , therefore I flialJ briefly fee 
 downe what they, who are for ffricSt obedience to 
 Governours, have declared long agoe upon the cafe, 
 together with their rcatbns. 
 
 "But as a ground to all their following fuppoiitions, ic 
 wi'l not be amifle to agree tirft in the competency of the 
 Tribunall from whence their determinations iffue.They 
 who derive neither from Prince nor people, but from 
 Jefus Chrift, as the immediate difpencers of his my- 
 lreries, interpole with greater aflurance then any ofa- 
 nomer Robe. But becaufe they hitherto have in this 
 differ 'd among themfel ves as much as any Profeffion; 
 
 5 . Therefore they have cauied lome to looke for a- 
 nother Tribunall to jud^e of them, and before an in- 
 tire refignation 9 to make ufe of private rcafons, toiee 
 whether there cannot be a diftinition betwixt the P after 
 of dominion, and the right of excrciftng itfpecijically by this 
 or thofe bands. 
 
 The Powers which are, cerive folely from God, by 
 whom all tlvngs Lve move, and havetheir being: And 
 becaufe this is a ficred theme, therefore many Divines 
 (' or rather Minifies of the hoi y C rder ) think the whole 
 quefliou is to be defin'd at their Tribunall by the text of 
 
 {Ac?s 17. ^8.1> tne Bible. But according to Saint Paul 
 ' lout o-'Aratus and Hefiod, the Scriptures 
 doe notfofely difcover this power of "God, bu: only the 
 power of the new Creation : If it had been otiicr wife, 
 Saint Taul in ftead of appealing to Cafar, w^uld have * 
 a;ipcal'dto himfe.'fe, or to his ownc order. Therefore 
 the Miniftry is not the fole Judge even of th is.fr rflparc 
 
 of 
 
(79) 
 of thedifiin&ion. The lawyer he only /peaks proper- 
 ly to the latter, becaufe it is injure ad rem, and con- 
 iifisin, and is fpeciried by Contract, and intholeta- 
 cite conditions which are cleared by the rules of naturall 
 Equity. Cur 2) ruids therefore, are not utriufque fori; 
 neither are they as the LeVites, Keepers of thole arcana 
 Iudicii <& Imperii , which God folely ordered for the 
 J ewes Common- wealth. The Lawyers therefore bejl 
 finde out the right y and the Miniftry befl perftoadc us to 
 makeconfciente'Ofit. Thus therefore I enter upon the 
 
 particular rates. j 
 
 6\ jk who hath iworne Allegiance -and hdeffi 
 
 his 
 
 yed, and let at liberty, if His' Princ e 
 aba ndon his Kin^dome . For upon rus own a£t7Kenath 
 and will have no ngnt to it ; and fo farre as he hath no 
 
 right, his fubjedt can doe him no wrong. Heewho 
 throwes away money (ut in jattumifsilium ) is no longer 
 owner of it. B ut in is to be noted, that he who ufes not 
 his own will , is not to be (iippofed to have abandon d 
 it,,as is Iargelier prov'd in the flrft part, c. 3. SeB. 5 . 
 
 Secondly, Ira Prince "give away, or fubject his 
 Kingdome to another Crowne, then he may be refitted 
 in it, notwithstanding 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 
 oftheoath. 
 
 Thirdly, If a Prince through mad fury or folly^eke 
 in a hoftile way the deftru6tion of this whole King- 
 dome, then we [owe him nothing by oath. For the 
 will of governing and deftroying a Kingdome,is incdn- 
 (ittent with it felfe. Hero virtually declared he would 
 not governe 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 the other ) if they have attempted 
 '' to deftroy jfne the other: for thereby they become un- 
 naturall, and consequently ceaie to be either father or 
 fonne, San* }>r*. 7. Stft. 7, 
 
 And 
 
( So) 
 
 And this is that which the Law and the. Calhifts call, 
 folutioVinculiper cejjationem materia? y aid mutationem ali- 
 quamnotabilemfactam circa can/km juramenti principalern : 
 Sander fon in his Prtelec. j. fee. 7. faith, That the mat- 
 ter of an oath ceaieth, and is confumed, when the ftate 
 of things is ib chnng/d betwixt the time offwearing and 
 fulfilling, that if at the time of taking the oath, the ftatc 
 and change of things which afterwards follow'd, could 
 have beene then foreseen, the oath would not have been 
 taken at all. It fhould ieeme that this is one Tacite Con- 
 dition, which is afterwards as effe&uall. as if it had been 
 at firft expreft, although the oath at the beginning might 
 have been only in pofitive termes. 
 1 Fourthly, if the Prin ce have part of the fupreme right, 
 and the People tht other part, then notwithhanding an 
 oath of Allegiance to h im, he may be op pofed if he in - 
 vade tlKqtjicr^iL;^ tKis^Grotlus 
 
 faitihoIasTIT^lTarcli'aTnnce Safe the power and 
 right of Warre alone ; for that is to bee under/rood faith 
 he of fbrraigne Warre onely: Nor can we conceive 
 hovv that party which fhares in the^preme right / 
 carrpe witRoutthe right of derending it T "~infomucn tnat 
 if t rie l J ri n<x invade ^ th e^j^er j/r^ l^ Hfrnd'y' j faufi 
 he ) loiehiT rig ht Rythelaw of VVal trr^uprerne right 
 ( as isTargeher let down in the hrlJ part) confitts in a 
 capacity of making and abolishing laws, in levying gc- 
 ncrall Taxes, &c. 
 
 7. But all thefe cafes onelv fhew how wee are ablol- 
 ved in our o wne consciences from all oath and contradt, 
 wh en one'partv forfeits his conditions firlj , m which th~e 
 difficulties are not very profound, wherefore now I fhall 
 endeavour to lliew, HcTto amanmay take an oath from an 
 nnjufl invading party, contrary to tbofc oat 1 es-^bicb per bap l 
 bctookefir/l from the jufi party , Tbho pofsibly brakf no con* 
 /Utions^itb bim. This cafe I take to bealmpft the utinoft 
 of that which can be pur ; However I fhall fee what wc 
 may iav for our f elves in it. 
 
 8. There arefome Kingdoms which a re considered 
 for the King and his &:.']elitaione : and'wee cannotprc u 
 
 perly 
 
(JO 
 
 perly call fuch, C^nmtm^iH r eaitbs'^^v i & thereis n o 
 Community <» neither o t L aw, nor of any "other right, be- 
 twixt Prince and People : but as the old Roman flaves, 
 fbthofe fubjedts, Kon habent capita in jure ; or as thofe 
 who were anciently excommunicated, of whom it was 
 faid, That they had Wolves heads, that is men might 
 Jrill them as pardonably as they might Wolves : Thefe 
 likewise had no community or participa ion of right ; 
 Excommunication then being more then a bare putting 
 out of table commons. Such fubje&s as rhoie, though 
 they be ^law'ci to the bones, and that their boo kes of 
 I awes be but bookes of account for the Princes deman- 
 ding their whole fortunes, yet they have not the right 
 icarce of a figh : Thcfemuft bring their Tributes to their 
 Coefar, like the mute fifh in the GoipelLand afterwards 
 areasiureasittopaytheir lives into the Contribution. 
 For God many times finding <ome nations groflfely pec- 
 cant and obnoxious to his fevereft Juftice, inftead of 
 destroying them, gives them up as a prey to another 
 Crowne : Thus were the /even nations; And after- 
 wards Ifrael it felfe was thus in the hands of Hebucbad- 
 ne^ar : for repining at whofe rigour they were exprefly 
 reprehended by God : which particular cafe is no j; a 
 generall Argument or coniequenc& ^as lome argueicJ 
 for the manner ot government, and the ciuty or i a; itude 
 ofiubje&ion in all Kingdoms. The relation betwixt 
 iuchfub|6lsandf?ch Princes, comes not properly -in- 
 to the fcope of this diicourfe : for the more imme- 
 diate entry of which it is to be confideied by way of 
 objection, • » - . . 
 
 Obj. Sett. 9. That as contradictions are not verifi- 
 able, fo God who is truth it lelfe, cannot bee a witnefle 
 to them, unlefle it 6e to punifh them, But feeing m Cuch 
 oaths there is contradiction, How then can we hope to 
 be/uftifTed by God in taking them. 
 Anf. All that which hath been cleared above, frves 
 ' mainly to ijelpe us in this difricultie, and to lead us to a 
 true harmony of oaths ; which fbme (ketch wildlv to 
 finde even in the Very termes of oppofite oaths, at le^fl by 
 
 G a 
 
C80 
 
 a fecretfcnfe which they fay the fwearer hath liberty to 
 put on them for himfelfe, kuafipropofitio mixta ex mentali 
 &> Vocali efftt legitima ; which opinion is in lome manner 
 perhaps refuted above. 
 
 10. I conceive but two waycs of taking fuch oppo- 
 fite Oaths. 
 
 Firft, When it is in a thing wherein a man may juft- 
 ly prefume that the right party for a time releafes him of his 
 former oath or duty to him. This is meant during the War 
 onely, at which time Uiurpers never declare their fu 11 in- 
 tentions, becaufe they are not as yet certaine whether 
 they (hall finally poflefle the power whereby they may 
 be enabled to make good what they pretend; neither can 
 they forefee what their after necessities may be. 
 
 ii. Secondly, A man cannot by oath, or any other 
 way be oblig'd further to any power, then to do his ut- 
 moft inthebehalfc thereof: And though the oath for 
 the right magistrate be taken in the ftri&eft terms of un- 
 dergoing death and danger, yet it is to be underftood 
 al waves conditionally, as moft promiles are, 1>/^. If 
 the action or paflionm^y be for that Powers or Prin- 
 ces advantage, i ec us take the caie as we fee it pra&iz'd. 
 In an Army each man is or may be oblig'd by oath to 
 lofc his life for the Prince whofe Army it is, ratfrer then 
 turn back or avoid any danger; fuch an oath is ca!l'4 
 SacramentummiHtare : This Armv after having done its 
 utmoft, is beaten,and now the Souldicrs 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, eirher for 
 him or themfel ves. In thefe ftreights 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, and a jull ob- 
 ligation of fidelity to thofe whom they were bound to 
 kill few hours before, neither can the Prince expect that 
 by vertueof their former oath to him they (hould kilj 
 any in the place where their quarter was given them. 
 They who live under the full power of the u n juft party s 
 may be faid to take quarter, and to be in the Ume con- 
 dition with the former ; and io have the liberty to ob- 
 
 ligc 
 
 
(83) 
 ligethemfelves to that which the Prince may now ex- 
 pert from them, l>i%. tofwearto thole under whole 
 power they live, that they will not attempt any thing 
 againftthem. 
 
 All that this amounts to, is, That it isf rater, non contra 
 prius juramentum ; and as the condition which was the 
 ground of this promiffory oath is fuch, that it is impofli- 
 blc for a man in it to advance his parties caufejb is it im- 
 possible for him to be bound to an impof sibility, 
 
 13 But what if the ufurping power fhouid exa& an 
 oath in termes more tcpugnant to a mans conicienee I as, 
 That he (hall now fweare not only not to do f (v,^ "7 
 any thing againtthim, but to do all he can l J 
 
 for him, and befides will have him fweare, That the 
 very right ofthecaufe belongs to him, and not to the o- 
 thcr party, as in Edward the Fourth, and Richard the 
 Thirds cafes, &c.Inanfwertothis I firftfay, C \ 
 
 That probably the man call'd to fweare L Anfw * 3 
 liere, formerly oblig'd himfelfe to the other party by 
 oath, but not as if that party politively had a clear right, 
 but that he knew none who had a clearc r 3 and therefore 
 upon the fame ground, he may neither fweare action 
 nor pofitive right to this party ; Though my hand trem- 
 bles to'write further ofthis cafe, perhaps as much as his 
 would, who fhouid come to fweare it taSHs tvangtlm^ 
 yet I flnde great Doctors who have taught us thatwhich 
 favours oaths in fuch termes ; Not as if they had a Po- 
 fitive or Grammatical! fenfe in them^but that they require 
 oniv that we fhouid do nothing contrary to the termes 
 of the oaths, or of their fenfe, which is as much as to 
 fay, That though wee know not wherein that parties 
 rights pofitive/y confift, yctwetakeour oaths that we 
 willnot do any thing to weakenhis pretenfions.T hough 
 this fenfe fatisfie not the terms of the oath in their rigour, 
 yet thofeDo&ors fay it may fatisfie the fcope of it, be- 
 yond which a man is not obli^tt unlefTe he will himfelf. 
 For inffance , No man could formerly bee admttted to 
 die Minifuy in our Church, un!effe he fubferibed firft to 
 the Articles, Liturgte, Canons, andjurisdi&ion of our 
 & G 2 J Church: 
 
(84) 
 Church: And though there were a great contradiction 
 betwixt the Arminian, Epifcopall and Calvinifts opi- 
 nions in the matter to be iubfcribed, yet they all con- 
 curred in this, that they might fubfcribe in this fenfe, 
 Firft, that they meant not to ditturbe the peace of the 
 Church for any thing contained either in the Articles, 
 Canons, or E pifcopall Go vernment, whatever their po- 
 fitive opinions about them might bee. Secondly, Tnat 
 they thought thofe in a faveable condition who 
 conformd to the ftri&fenfe of them. And this they 
 conceived was all t ha t was meant by fubfcription ; 
 Witneffe Mafter THkngW f /?, who onely wqtes 1 5 
 much, bUtthe ' Ubaol'sandUivinityProfeT r o rs at O'x- 
 T ^cenfed the printing of it. and the Arch-Bifhop pre- 
 fentedittohisMajelty,t otnatit paliecTan a vowd ienie 
 
 tSbmirithurcn-Mltf 'State: f 
 
 14. W^ereit not, but that ufurping Princes have ix> 
 much of the Ccefar in them, that being once by their u- 
 r Why Penelries ~) furpations ingaged, they cannot flop 
 Vhe beft fecuri C till diey have acquired all they aimed 
 K ties for Frinces f at ( as he did who becatife Rubicon was 
 frights. -)paft,Zf£ quiajacia eratalea, could not 
 
 reft till he had fupt in the Capitol ) they would finde it a 
 greater fecurity to put a penalty upon thoie who fnould 
 queftion their rights, then to force their fubje6ts to ac- 
 knowledge their pretenlions by this oath. For iuch an 
 oath may be broke in the verv taking of it ; and he who 
 fcrup'es not to forfeit his oath for feare or interefi will 
 difavow any pretended rights whenfoever he (hall ft are 
 inLubricQ. 
 
 CHAP. 
 
c*o 
 
 Chap. IX. 
 Whether in the Violent Changes of fo many 
 Princes and Governours ( as above fpecifi- 
 ed)and after the killing of five Royal! 
 heirs and fucceflburs^ the people who theft 
 fubmitted, broke any Oathes of Supre- 
 macy or Allegiance > 
 
 $ i. Why affertory Oathes have no conditions to fufp end 
 thtm from immediate expiration* 
 
 2. OfVifpenfation. 
 
 3. Of Absolution. 
 
 4. Falfefuppo/ttionsfor Abfolufion. 
 
 5. Of difpencing. 
 
 6. Of the Violation of an Oath. 
 
 7. Of the Ext inclion of an Oath, 
 
 2. Of the Sokmne League and Covenant its Obligation and 
 Ext intlion. 
 
 9. Of the Extinction of the Oathes of Allegiance and Su- 
 premacy. 
 
 10. Wee canfweare nothing [imply necejfary. 
 
 1 1. Whether the Oalh of Supremacy inferrs that of Al- 
 legiance. 
 
 12. The Negations offupreme right. 
 
 13. Plenary Poffejfion the condition of Obedience gr Alle- 
 giance. 
 
 14. "the Oath of Supremacy containes nothing of Posi- 
 tive right. 
 
 ,15. the Various acceptions of the word Lawful!. 
 
 \A/E have hitherto treated of the tye and making of <s ^% 
 * Y an oatfi, now wee will confider the various 
 
 G 3 wayes 
 
(86) 
 
 vyaycsofitsfolutionand ending. Wherefore after ha- 
 ving fhownc that the Pa6t or Obligation of a promife, 
 and of a promiffory Oath is all one, that the Penalty 
 of it relates onely to our future feare, and to the time of 
 breaking it, nottothetime of our holding to it; That 
 tacite conditions are innate to all Promiflbry Oaths, 
 of which they are the life and death. So that when a 
 man hath endeavoured all his Moral! fnot his natural!) 
 pMTibilities for fulfilling fuch Oaths, and the product 
 comes out different from his ftneere -intentions, which 
 he had at the beginning, he is abfolutely freed; And 
 that the condition of a State Oath is even in the fenfe of 
 Princes, nothing but plenary poffefston; I could think 
 that out of all this there hath beene enough fay J to (lie w 
 how the People of Enaland in thofeconfusd and con- 
 tradictory changes of Governours and Allegiances, 
 were nbiwirhftanding free from breaking their" ( aths 
 either of Supremacy or Allegiance, which I (hall 
 now further examine and Co conclude this treatifc 
 of Oaths. 
 Oaths ufiially are faid to end fotire wayes, 
 
 ByDifpenfation. 
 \2 Absolution. 
 \ 3 ExtinBion. 
 4 Violation. 
 
 In the examination of theft we fhall briefely call in 
 all that which preceded and which may moft glance 
 from thole times upon others which may follow 
 
 Sett. i. But it is to be noted, that none of thofc 
 foure expirations relate to Affertory Oaths; For they 
 being oncly declarations of our meere bcliefe of ibme- 
 thing pari, with aflurance that we exprefle nothing frau- 
 dulently, they have nothing of Icgall Pacl or obliga- 
 tion in them, or of transferring future rights to others 
 upon them, no more then when a man by th* way of a 
 Narrative tells either a truth or a lye. 
 
 Thofc foure expirations therefore, are only of Pro- 
 miflbry Oathes : So that haying found their relation 
 
 we 
 
r«7) 
 
 wee (hall the eafier defcribe their natures. 
 
 2. DISPENSATION is whenin aPromi£ 
 ibry Oath the* Principal I voluntarily waves his part of 
 right, after which the promiflbr is freed from giving 
 what the other will not take, but remits back again, 
 
 Becaufe God can wave his pare of right in promifes, 
 orpromiffory oathes made to him, therefore if they be 
 made in relation to /acred things, from thence the Pope 
 onely who ownes himfelfe to be the very mouth of God f 
 and to have that fpirit of his Collectively, which is gi- 
 ven to others more diffuiedl y, pretends to diipence from 
 Gods part ofright, and thereby to put an end to, if not 
 fulfill fuch on Oath with fecurity tothefwearers 
 
 3. ABSOLVTION is where t Wo fwearers 
 wave nothing voluntarily themfelves in their mutuall 
 rights, but a third perfon which hath no part in rhe 
 Oath, and hath fupreme power over, and right in the 
 perfon or perfbnsfwearing, and to whom the fwearers 
 have more principall obligations, then they can have 
 to one another, pretends by the interpolation of his great 
 Authority tofeparate and loofe both fwearers, /o as they 
 (hall be fecure likewife from any penalty mentioned be- 
 fore intheir Oaths. 
 
 , Thus in Numbers 30. the Father could not &> pro- 
 perly difpence , as abfblve his Childe from the vow :for 
 the Parent had greater riftht in the Childe then the 
 Childe had in himfelfe, or at leaft -in the actions or 
 thines which the Childe pretended to do or have. Thus 
 the Pope againe by a fuppofed vertue of eminent Autho- 
 rity pretends to abfolvethofe who yet would not freun- 
 tyed, as when he oft undertooke to diflolve the relati- 
 ons betwixtfbme Kings and fbmc People. 
 
 4. But as this hath feverall wrong fiippofitions, fb 
 ham it fbmc very repugnant to the right of his Autho- 
 rity. For he fuppofes two things true, which are ex- 
 tremely falfe. 
 
 Firftthat all Oaths relate to God, not onely as a 
 witneffc, but alio as a party, in a mans giving himfelfe up 
 to his wrath by the way of Penalty .-whereas God may 
 
 G 4 *> c 
 
(88) 
 
 be attentively invok'd by attention without hnpreca- 
 cation, io that there is no right to be freed from in iuch 
 a caie. 
 
 Secondly,that the Penalty of the C ath due to God is 
 part of the Promife Daft* or tye, and io consequently re- 
 lates to his right of difpofing or difpencing, 
 
 5. In diipeniation the oath ends by a voluntary cefli- 
 onofthe principals right; In Absolution the authority 
 ofa third perion intervenes and neceisitates both parties 
 to wave their rights. 
 
 6. V I O L AT ION of an oath puts an end to it, not 
 by a natnrall deficiency of the things iworne to, but by 
 a corruption offraud or force in die parties who fwore, 
 Thisisthei.iddeftconcluiionofanOarh, and is (as it 
 were) a death of Murther, yea of felfe-murther, nay 
 if Credit be given to fome Arguments, a ftrokc of 
 felfe-murther, which likewiie reaches thoulands others ; 
 Forinthofeconfusd24 years above mentioned, when 
 five heires & fuccehours were kild,when one Supremacy 
 and 1'egiance was broken, to introduce another,fome 
 ,, fay the Peoples confciences then were likewife wounded 
 by the Infidelity of their Superiours, Which becaufe I 
 den v, and from thence affert, that they in thole Changes 
 broke no oathes of Supremacy or Allegiance, therefore 
 I pafle from the Violation to the Extinction of an Oath, 
 where it (hall be particularly blhidled. 
 
 7. EXTINCTION of an Oath rr when the 
 things promiied,of their owne Nature (or as the C. 1 aw 
 faith, per maj ores fa/us Qia fit $\&v y by extraordinary Ac- 
 cioencs and the power ot Heaven ) receive not io much 
 Change in their relations, as 1 Extinction, confumpti- 
 011, or ( as I mav fay) Annihilation, contrary to the 
 prayers, wifhesand fincere wills of the Promiiiers. 
 
 Inrhiswee iee that the deficiency or com/ption of 
 poisibie things without us excufes when there is no 
 defect or corruption ofour wills within us: (o that fuch 
 an ath cannot be kept from expiring, though it may 
 be from Violatbn, and I may lay, that it goes out like 
 fire, by extinction rather then by corruption. The a<ft 
 
 of 
 
(89) 
 of fwcaringaddes nothing fomuch to the duration of 
 C bligation, as the confifkney of the things fwornc 
 doth. 
 
 8, Two examples for this extinction may be given: 
 but firft of that which happens in Leagues or Cove- 
 nants made betwixt iupreme Powers of feverall Nati- 
 ons, and fo as the People of each are likewise fworne 
 to co-operate con jointly, but yet respectively by the in- 
 terpofition of their ieverall Magiftrates, by virtue of 
 whofe authority they pafle (for fomuch as is exprcft) 
 into Vnion one with another, and into action againft 
 others. This I confefTe is a rare Cafe and fuch as 
 perhaps Hiftory can hardly paralell with that which 
 was lately thus compacted betwixt the Nations of Eng- 
 land and Scotland. 
 
 Their Parliaments ha ye had great difputes about the 
 interpretation, & extent of this League,all which Con- 
 troversies might compendioully be redue'd into this 
 fingle one of Supremacy, Who had the right of Judging 
 the other, or of fentencing the bare ^KegleBers of the 
 League Nationally, "Kith the Penalty of Tbarre, f ' 
 fuch things were in terminis authorized in the 
 and that the breakers of it were left where it 
 found, Yi%. in the pretence of God to whole Iudgement 
 day they remitted the fentence of all after-fraud, and 
 fuppofed the Cafes of warre the fame in, and afcer the 
 League,as were before it, and as are dehnd for all the 
 world in the 1 a wesof Nations. 
 
 How dubious foever the difpute may be betwixt fuch 
 t publ que Parties, yet fbure'groiTc contradictions were 
 very evident to moft men, out of which private mea 
 who {wore it, may now conclude themfelves innocent- 
 ly freed from it. 
 
 Firft, that whilft the Scotsargued the^ breach of 
 Covenant here T t hey really brofoTTt thernlelves accor- 
 ding to theTenfe^ftheir owne Prmcjaks.. b y divid ing 
 the King from agreemen t here and the P eorfe one from 
 JHrvvading the whole Nation it T elle 
 sT This was a breads i o tarre trom being" du- 
 
 krs of the . 
 
 , feing no V/ 
 he League, f\ 
 
 i they were / 
 
r$>°) 
 
 fab!y againtt Covenant; yet they groun ded their warre , 
 and all the Accidents of tf^n UoychaTiCTtldlf 'b"v arty 
 of them the Kin^ had been kiM either m fticld or City, 
 beioretHe iatistadtion they calld tor, Bis death had been 
 violenLyet n ojCovcnant had been proken,neither fhould 
 t hey wno nag llaine him, have answered 'tor his blbocfj 
 Thirdly they fay, t hat change of Govern ment is a 
 breach of League, gcyctwitTi jfre^thc Covenant is the 
 fu preroeltlanciiontnat ev er was made lfl 'i SUiS 3 'Vtl 
 fna^eTvithoutain'n^T^ndlslobeofrer d, even to thei r 
 Kings and others, as the firft thing which' determinrall 
 
 
 jvingsa naot ners, as inc nrit tning wnicn qcrermins an 
 di herrighls grounded on former lawes; It changes die 
 relation and (ration of l'erlons. grounds o f Policy and 
 Oathes.of Supremacy and Allegiance, and calls fo r 
 nv^and nnT ates to preierve thet Wnanters in anv 
 rermc^ a hdin any opposition againft any Perions. As 
 ITwasm a^ foitis eftablifhed without Kings and a - 
 gai nit Kings, T he 4i rKepy their ueclaratVori' o f lite 
 u/y la^^ftatetnclujfe^ 
 
 _^irKeDytP 
 fhtetfieIufeemalV<5f I 
 tinc }^ rflyiff'lh^ />.' li i . I ij I hat their king after his ' 
 ronatiohailuretneni under his Hand and Seale, That 
 
 he willeftablifh Presbytery, theOirc5torv,Contetsion % 
 
 MiHMi^i;|«g^ftvz^iMiiT3CT:<ngmryi 
 
 mmionS y and tnat ne wurnever endeavour any ^dnagge 
 
 thereo f. ~ 
 "T ^e fourth and lafi Contradiclion'is, that feci 
 
 rTfr 
 
 DSJB6 
 
 >ke bv 
 
 Covenant hath beene : more tfien i fraudulently" broke b 
 that N ation, 16 that the obligation toTnc ^o venanr ?«5 
 L bfailfl0rt^t7o^iya^tis dilfolv ed; and ' S5t we 
 aiioranttthatNJational'i Te'ague ought to be obfervd 
 in all points conjunctively, othcrwifethe Violation of 
 oncpartputsanendto the whole, as he who in Gods 
 Covenant breaks one Commandement breiks all, yet 
 sither through pafeion or policy, they would have thofe 
 who took it in private places and callings undcrfiand 
 
 that 
 
(91) 
 
 Outo f tneleContradifliqns one truth comes de arly, 
 ll ilf this oath or League qt' the Nations is at an end; 
 and the Magistracy of' which Nation foever it was ^ac 
 guiltily broke it, and put an end to it by Corrupti on , I 
 am lure the people ofprivate callings who tooKe itj arc 
 thereby innoce ntly difcharg d from it, as a thing dead 
 toThTrrrby the Way or t Extinction , and wnicn tiiey 
 c oulci not hinder Dyreaion ottneir privat e ca pacities. 
 
 Jutt as 30. JXum. 16. where the Child vowd "and Kvorc 
 le fame thing with the Parent, but was free from break* 
 ins; it, if his father violated it, and would not have it 
 ful fill'd ; in which ca/e the Father is charg d with what 
 wasamifTeinboth. 
 
 Now I fhall more particularly examine what I before 
 promised in the Violation of' an Oath, Yi^Wbetber the 
 people of thofe twenty four years contradictions of Suprema- 
 cy and allegiance , broke either, 
 
 9. Here I aflert That the people who arefor the moft 
 part paffive, and ieldome a Con-caufe of their own efta- 
 blifhmentjthough falling into, & neceflarily giving way 
 to great changes, yet break no Oaths of Allegiance or 
 Supremacy, what ever the other publique part of the 
 Kingdome doth as a caufe of it. 
 
 For both thofe Oathes are Politicall ties, but with 
 ieverall knots. That of Supremacy is moft AJfertory, 
 without^obligation orPa£, and is <De claratory only of 
 fomething paft, and therefore is at an end , yuatentts Af- 
 fertory y (0 fbone as (aid. That of Allegiance is more Pro- 
 mijfory, and therefore cannot pofliblybe without the ha- 
 zard and expectation of a future condition to fulfill it# 
 Neither one nor the other are acts of fcienee, becaufe 
 not of things neceflary, butthc AJfertory relating to an- 
 cient Compact, is an ad of Faitb , depending on the 
 Probable evidence of what is paft ; and the Tromijjory is 
 an z€to£ Hope, relating to that which is pojfible and to 
 come. 
 
 10. For it is to be well heeded, that we never fwear 
 any neceffary things in Promifibry oathes, becaufe to 
 
 us 
 
 ■# 
 
us and our Actions there is nothing necefTary. We 
 fuppofe a continuation of the force and courfc of Nature, 
 and coniequently make the rifing of the fun to morrow, 
 neceflary;yet there is a great deal of difference in (wear- 
 ing to give Sempronm a hundred pound if the fun rife to 
 morrow, and to give him iomuch to morrow, if the fun 
 rife to morrow : For he or I may d ie, or the things in Con- 
 dition may poflibly, though not probably change, &c. 
 Forthisreafbnwemayfafelyfay,Thatif by the ap- 
 portion of fo fear full a Penalty in the Oaths, we can le- 
 cure our felves from traud in the prefent a& of fwearing 
 either of thole Oathes, that is all we can be fecure or: 
 as for the reft which we hope may fulfill one of them, 
 it is neithemecefTary nor poilible for us to reckon up all 
 the Circumstances which might afterwards happen to 
 perplex the futunti on of thing promis'd, though it felf 
 be poflible. 
 
 ii. In the a r ter Additions it will be proved that 
 Protection infers publique obedience; In this Chapter 
 it fhall be examined, Whether the Oath of Supremacy in- 
 fers that ofMlegiance ? which is as much as to fay, Whe- 
 ther my fwcarins or Aflerting the particular right of | 
 fuch a Per/on or Family, obliges me never to give pub- 
 l que obedience to any but him or them f 
 
 If we will underftand Protection to be the fame with 
 Supremacy, and Cbediencetobethe fame with Alle- 
 giance , then there is the fame meafure of Inference 
 from one to the other. 
 
 Ob. But it may be objec~ted 3 That there is as much dif- 
 ference betwixt Protedtion in that fenfe , and Suprema- 
 cy in this, as "is betwixt Might and 9jght : whereas 
 the matter of Rkht is the only thing in the Oath of 
 Supremicy, and from the Evidence and Unity of that 
 ri^ht, we may know our particular Allegiance, thead- 
 miflion of that one right but in one perfon , being the 
 neccflary exclufion of ail other pretended rights in all 
 other perfon s. 
 
 Anf Sect. 12. Foranfwer, Ifhallfirft fee Negatively 
 what kind of %rt me right every one grants this can- 
 aotbe. 2. It 
 
(P3) 
 
 Firft, his not a right held out to us by divine or un- 
 doubted Evidence. 
 
 SccondIy,It cannot be a right of Pachas the people of 
 this age pleafeto fancy or make it. 
 
 Thirdly , it cannot be fuch a right of the prefent 
 Prince or his PredecefTours making, unlefs we can lcale 
 up by the degrees of fb many preceding perlbns., as reach 
 directly to the Family which was original] , either in 
 birth or Pad. For I fuppofe they who io icruple under- 
 itand right, asitisoppos'd to Injury, again it whom- 
 (beverand whensoever: andiffo, then no intermedi- 
 ate in jury can this way be made aCaufcof a clear con - 
 feientious right in any other Commanding perfons a£ 
 terwards , no hot by the Quantity of timers is exprefle- 
 Jy proved injthe following chapter of Preicription. 
 
 Laftly, it is granted, that fuch Oaths of Rights can- 
 not oblige to Moral 1 or Naturall impoflibilitics , fuch 
 as istogivea&uall obedience to none butthoie (who 
 for ought any mortal! man knowes ) may never be en- 
 , abled actually to Command : This were to require a 
 ifmanto fubject or put himfelfe under one , who is not 
 over him. If that which is declared a right, be not fo 
 before, no mans declaration of it as fuch, can by a mi- 
 ftake really make it luch tohimfelfe, nor oblige to the 
 Confequences of it as fuch. 
 
 Wherefore I fay^That Obedience muft now be conti- 
 ;] nued upon fome other Pofitive right, which I here feek 
 after, and fuch a one as will (land a fixt and perma- 
 nent rule for all lawfull Allegiance or Obedience. 
 
 13. We all come thus ne re, and confefle that there 
 % a Condition innate to all Promiflbry Oaths, and by 
 confequence to that of Allegiance ; And by the prece- 
 dent Negatives of right _, wecanfindeit no where but 
 in Plenary pofleffion, which likewifeis very much fa- 
 voured by the intent and fcope of the laid Oaths. 
 
 14. The words of the Oath of S uprcmacy point only 
 .at a Negative right, and fhew who hath not fupreme 
 
 right, vi%. neither the Pope, nor any forreigner ; and 
 the rcafon of that is cleare, becaufe no forreigner can be 
 
 preiurnd 
 
(. 94 ; 
 
 prefurn d to derive a right of family over this People, 
 as others of our own Country and cohabitation may; 
 
 Thole words which relate to the perfon governing, 
 cxprefle nothing of right, but only otfact, Vi^ Thar 
 we declare him tobcthefupremc Goiternour, by which 
 I conceive is meant fojfejfour* The word Lawfull is 
 ufednowhereinit, favc where the prefent Govcrnour 
 fpeaks of his lawfull heirs and iuccefTours, and not at 
 all concerning his Lawfull PredeceJJours y to whom he 
 was a fucceflbr. King Henry 7. ( in the law mentio- 
 ned at the end of the next Chapter ) gives the reafbnoi 
 this, it riot being a thing allowable for the People to ex- 
 amine Princes rights, or toinfbrmcthemfelvcs of the 
 juftnefleof their Quarrells. Queen Mary, and Queen 
 Eli^ : in their A£ts of Recognition , confirme their 
 rights by that only of their Father, higherthan which 
 neither of them goe, and mention his Authority as usU 
 by him , net receiVd from others in Title. To {hew 
 further that this is no contrived interpretation, it is to 
 be noted that when the Oath of Supremacy was refor- 
 med ( 1. Eli%. and 5. Eli%. cap. 1. ) there was a Pro- 
 vi(b relating to Admonitions of 1. hli^, 1559. con- 
 cerning the fenie in which every man was to take the 
 laid Oath, In which the Queen accepted it as iworne in 
 oppofition only to fbrreigne pretentions, and (as the 
 words are) due to IQngs and Queens po/jijfours of the 
 CroVmc* 
 
 It were repugnant to that rmine Political! condition 
 of Government . if in an Oath of Supremacy or AN 
 le^iance' it fhould be inferted, That the prefent GoVer- 
 nours right Jbould he ackjiofp ledge d only as receiVd from 
 hit lawfull pre deceff ours. 
 
 15 . Wherefore Latofvtt in King Henry the 7th. time, 
 fipnified no more then the fupremacy of the Kings pow- 
 er being in poiTetfion. In Queen Juries Oath of Al- 
 legiance, the word Lawfull was apply cd only to Heirs 
 and Succeffours, and fignifyedonly a Lineal! and Na- 
 na*.' 11 Legitimation in refpe& of the private marriage 
 pf Jber Parents, as thote fucceffors were no baftards; 
 
 not 
 
notlawfull Civilly, in regard of their lawfuil publique 
 marriage to the Body politique, according to ancient 
 and original! Contract, whereby they the fucceflburs 
 appea re to be no i flue, either of a Rape, or of tho/e who 
 kill'd any former Husbands,as five heirs and fucceflburs 
 were, in the 24. years time here premis'd. 
 
 It may be laid that the Oath of Allegiance is more 
 peremptory, and fwears us to declare the King being 
 to be theLawfuIl and rightfull King, &c 
 
 But feeing the words uCbfull and rightfull here, can- 
 not be underftood contrary to the former Negative ac- 
 ccption of right, and thatPoflefsion is the great Con- 
 dition for our Obedience or Alleg/ance, there remaines 
 then no other fence for thofe words, but that they be 
 underftood thus, Vi% : That we know none who hath 
 acertainerright ab origine then the King being. And 
 that this right muft needs be a comparative right, appears 
 by the validity of that right in wpremacy which they 
 fay infers this of Allegiance 9 wherein the prefent 
 Kings right was immediately put in counterballance to 
 a Foreigners, which was to be ejected as uiurped; 
 Vid: Acl for reftor: the Crowne. 1. Eliz. 
 
 Howfarreamanhath right to obey thofe who may 
 not have right to command him, if poffeft by them, is a 
 queftion of fome reflection here, but fhallbe treated in 
 the Additionall Chapters, 
 
 Thus much concerning the nature and harmony of 
 oathes . Now it remaines onely to fpeak to the laft diffi - 
 culty of this fecond part, which is — 
 
 Chap. X. 
 
C 9* ) 
 
 Chap. X. 
 
 Whether upon the iffue of a war and the 
 expulfionof ajuft party 9 man may law- 
 fully givehimfelfe up to the finall Allegi- 
 ance of the unjuft party or no ? 
 
 1. The troubles of Warre end not prefently with the 
 Warn. 
 
 2. Wherefore a fir ill government is neceffaryfor tbofe who 
 conquer in a Civ ill War re. 
 
 3 . Waerefore We cannot [wear to obey none but fucb or fucb 
 Governours. 
 
 4. When may a man judge fucb a party or place 1o be con- 
 quered ? 
 
 5 . Woat conquefi or acqulfition can never be juftified. 
 
 6. Of Ferdinand King of Naples his Ceffion. . 
 
 7. Of the Society of mankjnde. 
 
 2. The cafe of places tak^en on Frontieis. 
 
 OVa reflexion on that which hath been already ex- 
 "amined, this laft Queftion may feeme to be but a caft- 
 ing up into a fumme,all that which is gone before. Phy- 
 fitians to adjuft their remedies aright , confult the time 
 pall , prefent and future ; and Co fhould we in all thefe 
 cafes, if that which is Civil! had but as Uniforme Prin- 
 ciples as that which is Naturall. For if a peremptory 
 alient be demanded of us in a matter which hath con- 
 nexion with the time paft, the evidence of that depends 
 only on the credit of ignorant or difguifed Hiifories, 
 and not on any which we durft peremptorily fay cannot ' 
 mifinformeus, 
 
 Segriws 
 
(97*) 
 Segnim irritant animos demijfafer aurem 
 %uam qu* funt oculis fubjettajidelibiit, 6° qtU 
 IpfeftbitMditfpettator. Hor. 
 
 The time preient is governed by the wils of men, which 
 are myfierious one to another, and are lb covert and ter- 
 pentine, thatthey who fit in Councill together, rarely 
 penetrate one another : As for the future winch relates 
 mainly to this Queftion, thac depends folely on his Pro- 
 vidence , who never tooke humane reaibns into his 
 Counfell , and for the moft part produces events con- 
 trary to, or beyond our hopes and machinations. 
 
 Here therefore we muftiuppofe an unhappy War, as 
 unhappily ended , and according to the variety of hu- 
 mane condition, that the usurping Prince rides now in 
 his Triumph, and that they who follow , if they doe 
 but figh, fhall be punifht , as if they intended to be- 
 tray their Countrey ; fothat now there rem.ines no- 
 thing to be done, lave that Im dandum ejifceleri. All the 
 Ufurpers pretentions are to be avow'd, and nothing is 
 concealed which the power of the place is able to make 
 good. 
 
 Se ft. i . But though the War be ended , yet its troubles 
 and miieries d©e not fo ibone ceafe with it : 
 Bella mobet cHpeits, deq; armisarmaferuntur, Ovid. 
 
 Waves after a tempeft a re obferv d to rage,though the 
 winde which railed them be downe, and thofe rcfl acti- 
 ons do not fo quickly unite in a calme peace, as to make 
 the Sea presently become Heavens looking-glafTeilw^f- 
 fefto Vitellio helium magti dejierat 9 quampax cceperat. Tac^ 
 
 The Ufurpers refolutions towards the winding up of 
 all. are naturally furioufeft ; and good reafon too ; for 
 juftice here allows h m to be feverer for peace , then he. 
 was for Warre, That his dangers might not be infinite, 
 he is obligd to pull up the feeds of War; otherwise 
 infttad of taking it away, he would but defer it. 
 
 2. Civill Warre is naturally more fubjecl: to theft 
 rigours, tjien other Wanes : Beciufe they who yefter- 
 day were Enemies, would be inhabitants al wayes . The 
 conqucrour fufpecls that thefe will be the firft infringers 
 
 H .of 
 
(98) 
 
 of hisnewLawes; the violation of which ought at the 
 beginning to be feverelieftcenfured, as of dangeroufeft 
 conlcquence : according to which reafbn, God himfelf 
 gave ientence of no lefle then death on a gatherer onely 
 of flicks, immediately after the promulgation of the 
 Sabbath ; and Ananias and Sapbhas firft hypocriiies 
 andmockingsof the Holy-Ghoft were rewarded with 
 no lefle then fuddain death ; though now adayes the like 
 be ordinarily done without immediate ientence. Where- 
 fore for thefereaions though the Ufhrper thought not of 
 efhblifhing himfelfe in an abfblute J urifdi&ion , yet ac 
 laft he will finde himlelfe obiig'd to fecure 'his coiiqueft 
 by the fame meanes he obtained'it. And <frido gave JEnxm 
 the true reafon of the fame cafe. 
 
 %es dura & regni noVitas me tafia cogunt 
 Moling fate finescuftodetueri. -Virg. 
 3. We {Wild be exceeding happy, if in themidft of 
 thefe imbroylments we could now Anow Gods decree 
 concerning *the Princes and Governours which he 
 would have raiglie over us. as certainly as the ancients 
 did by his revelation and Prophets. Yet though we 
 loiownot Co much, this we know aflurcdly , That the 
 great changes of Government happen not by chance, 
 but by ordef of the molt univerfall caufe , which is the 
 fountaine of Dominion. God's Image in Adam by ma- 
 ny Divines' is underftood to have been his Dominion 
 over the Inferiour Creatures of the world,and fincehim 
 we finde that none are call'd Gods but Magistrates; 
 For they like God are moft known e by Commanding. 
 It's obferved that Mofe s in the firft of Gen. names God 
 limply without any attribute, but in the fecond Chapter 
 after the Creation was finifht, alwayes calls him (Z)0W/- 
 wis ftem ; hereby exprefTing his right to order, what be- 
 fore he had produced bv his efficacy. From hence wc 
 can well conceive why God fayes, !By me Princes raigne ; 
 Tor the governing foyers *tobich are, are of God. God hath 
 declared that he will chaftize and change Princes, and 
 f Dan. 4- 32. 7 Governours ; and though now we may 
 \PfaI. 7>-7*S cioiibt of their Families and pcrfons, yet 
 1 when 
 
when wc fee she changes and chaftifements , we may be 
 fare they are by Gods order, yea though the in va ding or 
 Succeeding Governoursbe like Iebu, ISUbuchadne^^ar, 
 or thofe who (hew us a ievere though a 1-ecret part of 
 Gods J uftice. Wherefore it carf be no lefle then linne 
 in us, or treafon againft God to fvvear we will never 
 obey any but this or that Prince, or State, or any but 
 of fuch a Family, or to think that none other fh all raign 
 over us but fuch. For this depends on God s Prov iderice 
 and Jufticc, which lets the bounds to the duration of 
 Governours and Governments. 
 
 fuperat quoniam fortuna, feqttamur, 
 
 guo%y>oeatVertamusiter. Virg. j 
 Quid quifq\ Ttitetnunquamkeminifatii 
 Cautum ejt in Boras • — .Sed impro^ifa 
 Vis rapuit rafietq; gentes. Hor. 
 We are bound to owne Princes fo long as it pleafes 
 God to give them the power to command us , and when 
 we lee others pofleltof their powers, we may then lay, 
 ThattheKing of Kings hath changed our Vice-Roys: 
 but then the difficulty will be this. 
 
 4. When may 4 man rightly judge the inVadour to be in « 
 full pojpfiion of his conquefl ? 
 
 This is considerable in regard of the time when we 
 are to give our felves up to a new Allegiance : For an 
 Army in a Countrey doth not Rill poflefle it, becauiein 
 few dayes it may be repuls'd againe. Thus Bannibd 
 though he quarter d about %ome , yet the fields wherein 
 he quarter'd were fold in the Towue at as high a price as 
 before. 
 
 A place therefore is judg'd'to be in full poffefsion, 
 Firft, When it's 16 held that an other power as gieac 
 as that which holds it, cannot approach it without great 
 danger. 
 
 Secondly, when there is no probable hopes of reco- 
 vering it. Thus of a fhip ( which is a moveable ) the 
 poflefsion ©f twenty fourehoures is a Title in all Admi- 
 ralties • becaufe of the improbability of recovering a 
 thing fo hard to meet with Ea definunt nop a ejfe qu* no* 
 
 H 2 ftrty 
 
(ioo) 
 
 /Irani perfecutioncm & recuperationemefugiunt , (? audt ex 
 feiffii non bobent animum rcdeundi, ff m cie acqui. rer. Horn. 
 7.44, Thusthejcwes were to obey and to pay tribute 
 to the Romans when J erulalem was taken. 
 
 Thirdly, when the party overcome doth by forne acls 
 acknowledge the Invador^ for the iupremc. Thus the 
 Senace could plead no excufe for Ctfars murther, whom 
 themfelves acknowledged iiiprcme after the iucoeffeof 
 his armes. 
 
 5 . Yet there is one kinde of ufiirpation , which by no 
 pofTeffion or prefer iption can ever become law full, and 
 aChriftian can never fubmit himielfe to it, without 
 wounding his conscience and faith. For it is that which 
 is founded in impiety and blafphemy ; and yet would 
 beforct upon us, as by Gods order, and by title of 
 triie Religion. Such Invaders as thefe though they may 
 fuccecdone another, yec their lucccfli on and poflefiion 
 cannot legitimate any, becaufe no prelcription can run 
 againft God. As this authority is grounded in the depth 
 oif all impiety , itpretending a jurisdiction both in hea- 
 ven and hell, boJy andfoule, fpirituallandtemporall 
 rights ; fo to aisift to introduce it into any place, can be 
 no leffe then the height of treafbn, both againft pod in 
 heaven, and his Vicegerents on eanh : for thereby it 
 is endeavoured indirectly, and by juft confluence to 
 alienate and transferee all Soverai^nty to an Idola- 
 trous Prieft ; and an aisifting to the mailacring of tiiofe 
 who are not of his Idolatry. 
 
 Fourthly, a place is fully poMeft from the juft Prince 
 or State. w r hen they become private pcrfons , and Jo, 
 fubjeitedto the power of another Magiitracy, which 
 the Civill Law calls, diminutio capitis, oracivilldeath. 
 In this cafe they who were formerly their iubjeets need 
 not now fcrupleas if they durit not doe this or that, as 
 bein<* ignorant whedier their wils difpence them of 
 fuch or fuch duties in order to their rights. For it 
 is to be presumed , that the expell'd Princes, or Senats 
 wils are, That they would not have them hopelefly 
 begin the initeries of a new confiiiion for them : It is a 
 
 bad 
 
(101) 
 
 bad way of remedying an evill , by renewing itwith- 
 out any hope of recovery. When the cafe is thus, they 
 ought to let the people enjoy , Tuta & prafentia , and 
 forget Vetera & periculo/a. If their fu b jeers were iure of 
 their wils, and as fare, that by their owne powers they 
 could refiore them without an univerfall calamity of 
 their Kingdomes, then their endeavours were more rea- 
 sonably due to them. We have not now Gods revela- 
 tion for the particular events of things, wherefore we 
 a*e excufable if we confider the probability of the 
 meanes: Cur Saviour would not have a Prince begin 
 a warre with ioooo men againft 20000. Befides eve- 
 ry thing is more favorable for peace then for warre : 
 And to what purpo/e is it to take part with thole who 
 are as it were dead, againft them who are alive? The 
 Law £jppofes a womans husband to be dead, quando 
 mortuaefi. J}es enm re\ifendi > and for that reafon fhc 
 may then tranfire ad alia Vota , though he be not then na- 
 turally dead. And if poffesfion was really the trueft 
 evidence to us of their rights, then it is equitable to fol- 
 low it full, though it be perhaps in a perfon of more in- 
 jufticc then they were. 
 
 6. AsthegoodnefTe and prudence of Ferdinand King 
 of Naples was admirable in this cafe, lo I fhall faith- 
 fully tranflate it , as Guicciardin (ets it down. 
 
 Charles the eighth of France invaded Italy npon a^re- 
 tencetothe Crowne of Naples ,* Ferdinand was newly 
 come to the Crow r ne, but unhappily fucceeded two, 
 who by excefleof tyranny utterly difob!i»ed the people, 
 fb that though he was a Prince very debonair of him- 
 k\fc , yet the remembrance the people had of the former 
 mif-governments, together with the cowardiie of his 
 Captaines , afforded him no other newes, then the dai- 
 ly lofle of Armies, Townes, and of whole Provinces, 
 even to the gates of Naples it fclfe ; whither Charles 
 was now advanc't without having fo much as dif- 
 chargd a Piftoll. And becaufe Ferdinand found Na- 
 ples, and the Countrey behind e it, ha! fe dead already 
 with feare, and ready to revolt, he refolyed therefore 
 H 3 nc; 
 
(102) 
 
 not to expose them to mine , by {fending out perhaps 
 only a little while for him: Wherefore he fiimmon'd 
 all the Nobility, Gentry, and prime Citizens to wait 
 " on him at his Pallace; to whom when he had be* 
 " waild firfthls owne undeserved calamities, and pi- 
 Cf tying tho/e of his lubje&s , who let themlelves be dc- 
 <f reared fo eafily by their fears ; he then advis'd them 
 !* to fend to the French King for the beft conditions 
 cC they might get for their owne prefervations. And 
 cc that they might doe itwrthout any ftain of honour, 
 c " he abfolv d them freely of all oath and homage : And 
 Cc for his owne part told them, that he was rcfolv'd not 
 Cc to wraftle with,but to yeeld to his fate, rather then by 
 * f trying to ftand out after lo many lofles and misfor- 
 <f tunes, to bean occafion of the mine and pillage of his 
 cc Kingdome, which was an effect contrary totha: end 
 c: for which he delircd to be their King. But if tfle mif- 
 Cw government of the French (hould make them defire 
 <c his return, that he would indeavor to prefcrve him- 
 cc fclfeinSicilv, whence hew r ould willingly return to 
 ■ expole his life for their better condition. 
 
 H ere was. the true duty both of a man, and of a King ; r . 
 yea the Action was more then Kindly : For to lay down 4 
 aCrowne is more Majefticall then to weare'it. It is 
 only from glittering Thrones, whence the defcent is 
 no* eafie : %eges enim de Unto cu/mine non defcendunt % 
 imo deturbmtur. Though other places in the like or 
 worfe condition have not fb cleare a Declaration of their 
 Princes and Governours wils , yet the fame is* to be pre- 
 f timed from them, rather then that they fhould cccafion 
 a fruitleflTe and a calamitous confufion in their behalfs : 
 For he who fpits againft the wind, ipits but in his ownc 
 face. 
 
 7. We fpeak fbmctimes of the ibciety of mankind* 
 and of a mora'l continuity , as if all the world were t 
 be considered but as one Common-wealth , as indeed 
 it ought fo to h- : But our practice in this belies our rea 
 ion, eipccialJy when we reflect on the diftin&ions o 
 feparations of Kingdomes , and examine by wha 
 
 ground 
 
 di 
 
( 103 ) 
 
 ground of reafbn Princes pleasures fhould oblige thofe 
 who live on each fide of a fimple R iver (which divides 
 two Crownes) to doe no ads of humanity one for the 
 other. We know there is a confanguinity betwixt all 
 men, by which we are bound to keep the faith of men 
 even with heathens as well as with others, mordiaenim 
 non tollunt naturalia : fo that it is pitty to fee fbmefb much 
 libertines, that they thinke they cannot doe a Turke, 
 Je w, Infidell, or any one of a Nation , againft which 
 warre is dedared, any wrong : whereas the metall of 
 the coine is the lame, though the infeription differ. 
 
 8« But to approach nearer to this particular cafe : Up- 
 on frontiers all men are moft ftri&iy oblig'd to the de- 
 finition one of another , according to their feverall 
 Allegiances: yet it happens daily, that by fieges and 
 other extremities , Townesare reduced [to the jurifdi*- 
 cation of thofe to whom they were fworne not to fub- 
 mit, but to deftroy : This is not al! ; fbr upon their fur- 
 render they muftfwear to deftroy thofe whom the day 
 before they were fworne to preferve. In fuch cafes the 
 Prince to whom they were firft obliged, releafesthem 
 of all imaginable duty to him For he cannot expect 
 that which is impefsible for them to doe , Viz. a6ts of 
 former Allegiance to him. If afterwards he taKe any of 
 them, he looks upon them not as tray tors orrevolters, 
 but fuch as bv the I aw and necefsity of warre , are of 
 the fame condition with the reft of his enemies iiib jeSs. 
 The rcafbjis which juftifie flich particular places, jufti- 
 fieamoreuniverfall; fuch as are whole Kingdomes, 
 which are madeout of fuch particular places , and are 
 fubjeel: to the fame fate and necefsity of warre, to the 
 fame confufionsand revolutions of Governments, and fb 
 to the fame oppofite Allegiances. 
 
 But I fhall conclude this - rgument with that prudent 
 law which concluded thefe contradictions & revolutions 
 in the Perfon of Ben. 7. as it is recorded by my Lord #<*- 
 c on in his yiftory. P. 144. That law was rather juftthen 
 Leeall, which did ordaine, That no perfon which did 
 afsilt the King for the time being, in armes or otherwife, 
 H 4 fhould 
 
fhould after be impeached thcrfore,or attainted either by 
 thecourieof Law or by A&ofParliametiBut if any iuch 
 /ft of Attainder did happen to be made, it fhould be 
 voyd and of none effedt. For that it was agreeable to rea- 
 fon of State,th atthe fub jeft fhould not inquireof the juft- 
 neflcof the KingsTitlc or Quarrell; and it was agreeable 
 to good Conscience that ( whatever the fortune of the 
 War were) the Subject fhould notluffer for his Obedi- 
 ence. The fpirit of this L a w wa s wondrous pious and 
 Noble ; being in matter of Warre,like the fpirit of <Dal>id 
 in matter of plague, who faid, If I have finned ftrike 
 me, but what have theic fhecpe done ? 
 
 farce precor Ptean, <& tu deponefagittas, 
 ISlilpuerifacMnti ipfam configite matrem. 
 
 After ali Titles and arguments both of the (word and 
 of the pen, the King himfelfe adhered molt to this Title 
 of plenary pofleflion.For he had bin long declared an E- 
 nemy and a bamfhed man* And for the entailing of the 
 Crowne, he would not have the Aft pen d by -way of 
 (Declaration or Recognition of right, nor by a new law or 
 Crdinance, but by a middle way of Eftablifhmcnt, & 
 that under covert and indifferent words, That the inheri- 
 tance of the Crowne fhould reft,rernaine & abide io him* 
 
 And becaufe the King was attainted, the Judges de- 
 clared. That the impofition of the Crowne takes away 
 all def fts and (tops in blood, and that from the time the 
 King affumed the Crowne, the fountaine was cleard, 
 and all atcaindors and Corruption of blood difcharged. 
 
 CHAP. It 
 OftheOriginallof Magiftracy and Govern- 
 ments in the State of Nature^ Patriark or 
 Genarcha-fhipj.andinHeroicallfeizures. 
 
 ^ i. Of tbe Obfcure extraction of tbefirfl Kings. 
 2. IVby toe read of She f beards before Kings. 
 
 Dominion 
 
j. Dominion or Government why it fufpojes no atluall 
 Sin. 
 
 4. Tbefirji Magiftracy grounded in Nature and Tatriari^ 
 fbip which was Monarchy* 
 
 5 . Subjettion to a Magiftrate why filiall not fervilL 
 
 6. Our naturall relation to a particular Magistrate or 
 Magiftracy^ how extintt in the confufton of Fami- 
 lies. 
 
 7. The Civill and Theologicall effefis offeare. 
 
 8. The prejudice of our Naturall rights andrfreedome. 
 
 9> Inequality of force , that is Potency and Impotency > an 
 naturally now the ground of Dominion and SubjeiH- 
 Qn 9 as wellm naturall exxra&ion was atfirft. 
 
 10. Of the Naturall Heroicall Government. 
 
 ii. The condition of Naturall power runs even through 
 all States of Civill compatl. 
 
 12. To attaine perfonall Security we lofe moftofour other 
 real! rights. 
 
 1 3 . No people but the Jews were ever ajfured of their Ori- 
 ginall Compatl s 9 or of the right of obeying and Comman- 
 ding in and after changes and confufions. 
 
 14. Nothing of chance in the revolutions of Govern- 
 ments. 
 
 1 5. In our Subordination to God and cooperation one with 
 another we may fweare to endeavour not to effcft. 
 
 Sett. 1. /^ydinary people can hardly beteeve, that 
 v/ to derive the Pedegrecs of U'uftrious 
 Princes arieht, we rauft at Iaft rediread cafes, and Jlooke 
 for them as Samuel did for Gods two firft Kings, Saul 
 and Da vid, in mcaneimployments, and in obfeure cotr 
 tages, w ho certa in 'y came out of them with as n?uch alio- 
 nifhment at the e reatnefle they were going to,as we now 
 may be a: the obfeurity they firft came from* 
 
 2. Man in general! received commifsi on from the be- 
 ginning to cxercife dominion over all bcaiis/ and creep- 
 in 
 
ing things over the whole earth; bat nothing isfaid ah 
 engine 3 in what extent cither of place, or Power, he fhall 
 rule over his owne kind in Generall : For which reafon 
 we heare of Shepheards, before we do of Kings or keepers 
 of men. 
 
 3. Although we may fafely lay, government in it 
 fclfe fuppofes not a&uall finne ; Becaufe it is onely a 
 power whereby things are kept in order to a& confor- 
 mably to their natures, and .that God cxercifes a go- 
 vernment over thofe who never finn'd^W^.over the good 
 Angels, of whom fome attend us ; yet notwithstand- 
 ing the government of man fuppofes pofsibilities of dif- 
 order, and provides againft it in different waves, ac- 
 cording to our different flares of nature and of civill 
 Society. 
 
 4. The firft Magiftracy was grounded in Nature, 
 which fhewes that onely he wis naturally a true pub- 
 lique Magiftrate and Father ofhis Country, who was 
 a Genarcbaot Patriarch, and who evidently ruled over 
 families ofhis owne extraction, and Cities ofhis na- 
 turall generation. In which fenfe we underftand the 
 fifth Commandement to fpeak of honouring, which is 
 ofreverencing the power of the publique Parent or Ma- 
 giftrate. For it cannot be imagined but God provided 
 for t uch an important dutv,as tnis of obedience to Magi- 
 ftracy in the Decalogue though jt be not named there in 
 terminis ; Becauie he there hath cautioned for ads, which 
 cannot be done in the fame families , nor by vertue of 
 the fame family-derivation: as againft Adultery (which 
 knplyes a remoteneffe of blood I againft ftealing and 
 coveting the goods of a neighbour, and rcftrayning a 
 ffrangere/peciallyof not bearing falfe witneflfe, which 
 relates to a Magiftrate. But by this we have gayn'd a 
 great point. 
 
 5 . For if we now wou Id know what the Power, J in 
 rifdiclion, yci duty of a fupreme Magiftrate, together 
 with our owne is, we cannot underftand that to be o- 
 ther, in the Decalogue, then a Paternall, nor our duty 
 thereafter then Filial, not fcrvile: That as a City comes 
 
 out 
 
out of private families, fb the laws of a State or City 
 ought to be modelled out of thofc which belong to fa- 
 milies, and he who rules in either hath obligations of 
 care and tendcrneffe over us^as we are reciprocally bound 
 debit o gratitudinis to render the I ike to h im, with iubmi f- 
 fion and feare togrieve his fpirit, yea, then when our na- 
 turall power (hall come to be equall to, or exceed that 
 of the Parents, who ere we be free, (and go out of his 
 family,) may have the fupplement offbmething oFPacl:, 
 or Promifefrom us, as ufually there was in the Eman- 
 cipations of fervants. 
 
 6. He that will make the Magiftratefacreder then this, 
 may at lafteafiiy commit Idolatry, and fall downc and 
 worfhip. Butthisis not the ftate which any people 
 now under heaven are in ; we are all fhuffled and blen- 
 ded together, and they perhaps of the Originall and 
 Capita 11 families, icrve meanly now to thofe who ftept 
 into thrones but yefterday, and are loft in their firft 
 obfeurity : which not being dcnyable, the confequcncc 
 ofitmuftbethis. 
 
 7. That we ftand not now originally affociated to any 
 
 Magiftrate out of naturall duty, but out of mutuall feare, 
 
 ,pr forecafting how we need not feare, which feare pro- 
 
 ^ duced Civill compact as it did religions alfo; According 
 
 % to the Poet— 
 
 tprimus in orbe fleus fecit timor. 
 For we of feveral families thus depending on our felves 
 ( Ifpeake not of the perfons in each family relating to it 
 felfe, the fbnne not being borne in a free ftate, but in fub- 
 je£tion which he owes for confervation J we had ( I fay) 
 a right of nature to protedtour felves, which fuppofes, 
 primary allegiance due to our (elves, which therefore in 
 marriage obliges a man to leave all Relations to adhere 
 to that of his private familie, Andas for theufe of things, 
 which are for our naturall fuftentation in the world, who 
 can fay they were not in this ftate free likewife and com- 
 mon ? which once granted, it will be in vaine to deny 
 bnt that we had ablolute and (upreme right alike to our 
 private perfons and to all things, and having mutuumjus 
 in bochvve were fitted for Mutuall compaft. S. But 
 
fio8) 
 
 8. But all this Liberty (upon confi deration of peo- 
 pling the world ) was I confefle a great prejudice to us ; 
 for hereby we were clearly left in a ftate of warre, to 
 make good this natural! free ftate of the world, which 
 refer'd all to the try all of force, and not of law, againtt 
 which no one could offend. 
 
 9. For which reafbn we rightly oppos'd whom we 
 would, and as rightly iubmitted to thofe who were ma- 
 Wed with fueh a power, as we could not naturally re- 
 fift, Impotcncy being the ground of Subjection, as well 
 as Potency is of Dominion; neither can any reafbn be 
 given wherefore he who could naturally over-power 
 another,{houJd not in this ftate ufe his naturall privi- 
 leges tor taking others into his.pofleflion. Omnipo- 
 rency or Supreme irrefiftability is the primary reafon 
 for the obedience which all things owe to God. 
 
 SothatMr.Ho^ihisiuppofition (if there were two 
 Omnipotent*, neither wou'd be obi ig'd to obey the 
 other ) is v ry pertinent and conclusive to this fubjedt. 
 
 10. In thole times which Biftorians call the Hero- 
 icall, when Himrod provd the ftouteft hunter, and 
 Hercules travelled to tame Monfters or ufurpers, the 
 worfdwasinthisfubjeclion, and all things were pok 
 fcft in this Tenure; and I believe few Empires are yet 
 free fi om it in the world. 
 
 11. The condition of Subjection here, which now 
 funs through all Govern-rieirs, is power, which being a 
 quality,may have more or leffe, and ib be fa; r from fix- 
 ing any thing in one determinate point , place, or 
 pe.fon; andwhmitisexercisd pgiinft nature and our 
 contents, it may as lawfully be lriaken off, as it was 
 impofed ; which occafioned many fbngs upon Hercules 
 his valour and Vertue. Wherfore Compact was j'idg'd a 
 iecurerwav then me r power for the coilition of Soci- 
 eties and forme rje of bed ; enceand Subjedtion, and 
 fbrdiftributive, ifno:forthechiefe part of Commuta- 
 tive J uftice and that State is now the beft which needs 
 1 aft force to maintame it, and being faftned to a 
 ftate by the ligaments of our owne wilis^ we are dear- 
 ly 
 
(iop ) 
 
 lyreftrenchtoffomuchas we concurred with others t® 
 forgoc, and de lure creaturarum rationalium could forgo. 
 Security or Protection being here the chief end , it is 
 fuptos'd alwayes that we mult contribute our obedience 
 and riches fofrrre as may beft conduce to the fecurity/ 
 both of our owne perfons and eflates, and of theirs alto 
 who command us, without which contributions, it were 
 not called Society, 
 
 12. To attaine this fecurity for our perfbns , we 
 We much of our" generall rights; every new Law ftili 
 diminifhing fome degree of them , by bringing us into 
 a narrower iwing of Liberty. But that which per- 
 plexes all here is, that feeing we are now fore t only by 
 Accident into the bounds of government ( which i s va- 
 rious ) and that according to the wills of the Original! 
 Compa&ours ( which is a principle no way uniforms 
 but iEqui voca 11, and now to us of unccrtaine evi dence) 
 we are hereby in great ftraightsto aflureour felves in- 
 dubitably , hoi* far re ^e babe made our rejignatwi in 
 things lawfully and to Kbom V>e made them y and ujton 
 tybat conditions* . 
 
 13. All the Divines, States-men, and Lawyers in 
 the world (how peremptory fbever) are not able by 
 tfaditionall learning to (hew any evidence hereof 10 
 authentiquely and infallibly confign'd to pofterity , as 
 to warrant any man to take his oath upon it, or on the 
 confequences of it, without committing a grievous fin ; 
 In thi s poin t never was any Nation fo bleft from hea- 
 ven , a s the J ew es , who when they were ready to fall, 
 into conrroverhies , and mif takes like ours , had fre- 
 quent anfwers from heaven by Prophets infallibly in- 
 spired. When they had a mind to change the Govern- 
 ment, to enter into civill warre, to change a Roy all 
 Family, to reforme Religion, and to difmember their 
 Kingdome ( things which ever were, and ftili are coin- 
 cident to all times and ftates ) they presently had a 
 voyce from heaven to affaire their actions , and fecurc 
 their consciences. 
 
 14. This we know by Prophecic in general!, 
 
 that 
 
0°) 
 
 that God as univerfall governour of the world, will 
 iiill make change of his lubftituted Vice-Roys , yea, 
 and of governments: men not moving in that (tation 
 by chance this way or that way, asPif-miresdoe upon 
 a mole-hill. Kec tanauam tali ex fritillo temere hucii- 
 lucltolventes ; not like dice which come at haphazard 
 ©ut of the box , and runne fbme higher then another by 
 the fame chance. Butbecauie there is an Altitudo in 
 Gods wayes ; and that he may u(e me obliquities of our 
 actions to a good, though iecret end ( juft as we our 
 felvcs may ftrike a right ftroke, with a ftick that is 
 crooked) It therefore concernes us importantly to aft 
 al wayes bona fide, with good intentions, and fincere 
 endeavours , for fo much as concerns our pans and 
 concurrence. 
 
 i J. After which meanes ufed , we may repofe 
 our felves more compofedly , if the produ& of our acti- 
 ons come out either befides, or contrary to, our firft in- 
 tentions ; as many times God is pleafed fo to preor- 
 daine, though we know not of it, till it be done. 
 
 In this point fbme State-oathes have been very well 
 adviied, obliging only to endeavour, not to eire6l: >i 
 for the one relates to us 3 the other to God ; and othc- A 
 wife, I pray were not this to undertake to prefcribe 
 to God , to his will, to his power? were not this ra- 
 ther to force him to our bent > then for us to come un der 
 his > and to preiumc we have as much power over 
 things without us, as over things within us ? (uch as is 
 our fmccrity and endeavouring to our power. 
 
 Chap. XII. 
 Of the Originall of Civill Government in 
 Confufion of Families. 
 
 £ i . How the Peofle are alwayes in Political! Guardian" 
 
 2. Why 
 
2. Tffiy in confounded Families the people muft beget their 
 Tarent. 
 
 3. Boxhornius bis ill divifion of Succeffion into Heredi- 
 tary or Patrimonial^ andlineall or of right of blood. 
 
 4. How Trznces themfelves declare the right of people a 
 right of Politicall Guardianfhip* 
 
 5. Bow the ft ate of a Common-wealth is alwaytf 4 Stoic 
 of Guardienpip in regard of Priv Hedge. 
 
 6. In the difficulties and confuftons which are in jure ad 
 regnurh , people had left follow Poffeffion as the heft 
 and Orignall Right. 
 
 7. ibe uncertainty of proving ancient and certaine 
 BttfafcO 
 
 3. We have as little certainty of what was long before 
 
 us, as of what will be after us. 
 9. The difference betwixt thofe who are naturally inca- 
 
 pie of Jupreme rights y and thofe who only are Civilly 
 
 fucb. 
 
 >RUt though it be paft contradiction , that there 
 AJare no infallible records of the actions of the 
 world from the beginning , kept any where fafely 
 ,ahd certainly but in heaven, fb that we here talke but 
 in the darke to the conicienccs of people, concerning 
 old O rig inall Compacts, right lines, the certain bounds 
 of Governments pro hied? nunc, and the like; Yet in 
 the midft of thete uncertainties we muft allow fome 
 government , and iuch as either is , or may be equitable 
 if not lawful! both in refpecl of the perfons command- 
 ing, the formes of Government in which they com- 
 mand, and the rules whereby we know them to com- 
 mand, and we to a&lawfiill things. The two firft or- 
 derly come into this Chapter, tnelaft belongs to the 
 Chapter of Politicall Juftrce. 
 
 - Sett. 1 . It is-an old and a well reform'd Axiome of Po- 
 1 hcvflopulus femper eft in cur a & tute.a, A State or King- 
 dome is alwayes in uuajdtenihip not in fervitudc, and 
 
 when 
 
when it becomes free , it is rather manumitted theft 
 emancipated. In the other Chapter I (hewed how 
 there may be a naturail generation of a civill State , as 
 in Parriarkfliip , in which the Father is fuppos'd to be 
 alive: But here we muftfuppofe him to be dead and 
 buried , and that his ofF-ipring are loft one to another. 
 2. So that in a place where Fathers of Families are 
 confounded together without /uch a tabfrof H fijt* 
 • flrv.as is recorded or" the Tribes, when they went topof - 
 ieiTethe Land of Uanaan -a _. th ere a Kingdome is without 
 a~fo her", unT6ttfe we would allow one neceflary and 
 happy monftruofitv , which is , that the Children be- 
 get themielves a father, that is, choofcone who fhould 
 take care of their prefer vauon : But ne vert helefle fuch 
 a place and people are in Curatorfhip or Guardian* 
 filip ,and (o ever muft be , and well it is that they are (o : 
 The quett ion only ever was and will be, Who in this Mi- 
 nors expos d condition ought to execute that office , ejpecialh 
 feeing there isnofixt or determinate Tribunallfor the federal I 
 pretentions Tohicbare violently made to it ? I anfwer no par- 
 ticular man hath any right to it of himlelfe. The cafe 
 ftands (o here that there cannot poffibly be any other 
 Magiftratc to appoint this firft and fupreme C fficcr o 
 State ; It remaines then that none on earth can pretcii" 
 to it but the Minor, or people themielves ; which may 
 the more rationally be allow'd them, becaufe the civill 
 Law coires thus neare , that the Minor though he may 
 not choofe , yet he mav at leaft refute fiich aCurator as 
 isofferd him, except in one Cafe, which is very per- 
 tinent , Vi%. in a Controverfie for his rights and cftate, 
 and then it is conceiv'd very equitable he fhould have 
 fbme good done fbr him, even againft his own peeviffi 
 will. The words of the Law are , InYiti adotefcentes 
 curatores non accipiunt prater quam in lite. Inft. Tit. de 
 Curat: Seel. 2. 
 
 But this is not the Cafe oforie people alone : For the 
 Duke of %ohan hath left that recorded in his Memoircs • 
 that when the Proteftants of France had decked him 
 cheir General againft their King, they garriibn'd fevc- 
 
 rail 
 
C"3) 
 
 rail places near their homes, but in remote Provinces 
 from him , which were moftof them eaiily taken by 
 the enemy; Whereupon they highly importun'd him. 
 to tre.it immediately; with the King. But»he judg'd no? 
 that a Conjuncture fitfor the reputation of /uch a negoti- 
 ation, and therefore advisd them rather to take cou- 
 rage, .to flight all garrilbns but fbure, and adyeiiture 
 into the field. For many petty garri/ons tooke up ma- 
 ny men, and much Ammunition , and would require 
 fuccours in cafe of lieges, which for io many, could be . 
 but fmall,< and fo confeuuently what ever was lent, 
 would all be loft. Upon this they reproach't him with 
 ambition , that he would make himlelfe their King, 
 and that he had his private dehgnes, all which he pati- 
 ently digefted, till he found a good opportunity . in 
 which he obtained them very advantagious Articles, 
 but concluded this point upon their f :o- vardnefle , That 
 he 'frho "frill ferJ>e the people , mu/i no'fr and then doe them 
 good againft their o'frne 'frills. 
 
 . 3. Boxbomius mhis hteT te&iiik ^de da?nnato ant exuto^ 
 \ege 'hereditaria to provide iucely tor the fucceilron of 
 the heir, though with never fo much prejudiceto the 
 JPredeceiTour , or to himfelfe when he is entered, di- 
 vides the right of fucceiHon into two parts, the one into 
 ! an hereditary or 'Patrimonial I, which he_ calls a right O 1 ^ 
 Property to the thing into which one f icceeds , and of 
 all which we have right to dxipoie as we please: the' 
 other is into a right of blood , and a lineall iuccemon, . 
 only into the place of the Predecejfour, and not into his, 
 but the firft P rince his right. 
 
 By this he unexpectedly falls into many inconveni- 
 ences. 
 
 Firft, in juftifying no other rights in Princes, but fuch 
 as derive from the firft Prince, of which there is no 
 indubitable proofe : fo that no intermediate f xcefTours 
 (by his allowance) can acquire any new pretenoes of 
 right, either for themfel ves y or for thofe who are to fuc- 
 eeed. 
 
 Secondly, that thofe perfons as well as Rkhts , 
 I which 
 
f"0 
 
 which derive not dearly from the firft in compact, can 
 have no right at all. 
 
 Thirdly he makes themall butCuratours,Admini(tra« 
 tours,or (as he faith the Civill 1 aw calls them) Pfufruttu- 
 aries, who have no power to alienate any thing, 
 
 Fourthly in the triall of That point, he makes the peo- 
 ple the judges of the whole, eipccially)m notoriisjn quibus 
 fo/ennitas & ordojuris.nonrequmtur. 
 
 1 aftly in making the right but Ufufruc'tuary , he takes 
 . away his (iippofed right of fucceffion into it ; by which 
 he at once levells all that which he 10 fairely built be- 
 fore, and for which alone he fo much contended, 
 
 The words of the law are, Licet Vfufruttumus matnris 
 fruttibuSiTidndu Umenpcrcepthidecejferit^ad beeredes ejus non 
 pertinent* fed domino proprieUth aeqtiiruntur. Inftit. lib. 2, 
 tit. I. Sedt.3 6.That is,although the Utofru&uary fhould 
 die whilft the fruits permitted to his ule are rip*, but 
 not gathered, they belong not to his hcire, but to him 
 who hath the property of the Land. And the reafon of 
 this law is very obvious, becaule an ufufrucr.uary right 
 is but a perfonall right, and not a right of perfons deri- 
 ving one from another.^ 
 
 4 But I content my ielfe with this, that I finde him ji 
 fix the right of Government in this principle of Cura- 
 torfhip, which anfwers fo manv other Queftions and 
 fcruples of the peoples rights : And it is not an unplea- 
 fant obfervation to (ee how Princes declare as much in 
 oneanothers Cafes ; for the King of France in his de- 
 claration concerning the Catalonians and Portugalls 
 revolts, acknowledged! that the reopleof Spainehave a 
 right of judging the mal-adminiitnuion of their Kings ; 
 and the King of Spain during the time of the Guiiards 
 League in France, declared as much for the People of 
 France, that they have a right to judge of their Kings 
 Curatorfhip: And the King of England by his recei- 
 ving the late King of Portugalls EmbafTadors, avowd 
 the change there made by the power and right of the . 
 • people, juft at that time, when his Scottifh Subjects be- 
 gan the lame Controverfie vvirh hirnfelfehere; onely all^ 
 
 of 
 

 ( "5 ) 
 
 of them would be excuftifrorn allowing fo much dire&» 
 ly concerning thcmfel ves at home. 
 
 y. But if we fay (as Tome do) that the State of the 
 Common-wealth is a ftate of Pupillage in regard of (Pri- 
 Mlege, and that the Minor cannot make a Contract to 
 his owne prejudice, then we muft conclude, that the 
 people may meliorate, and cannot by any Compact de- 
 teriorate their condition, and it is alwayes preiiim'd for 
 their liberty, when dangers are threatned. Out of this 
 principle it is clear, wherefore it hath alwayes been 
 argued that Salus populifupretna lex. It were cruell and 
 unjuft if they who pretend to the Guardian- (hip of the 
 Minor, fhould alwayes be pleading at his coft and 
 damage who hath right unto him : Even io ( faith L 
 C De jurebd. 1 Grotius ) they were much to be b!a-*J 
 <&pac- lib. 2. >med who would alwayes contend, 
 C cap. 4,Secr. 8. j wno fhould exercife the Curatorfhip 
 of the people, at the expence of their innocent blood, and 
 thedciblation of the Common- wealth. 
 
 6. What then after all can mortall men conclude to 
 themfelves, out ofthdefufque deque's of the world, out 
 of its confufions and revolutions, out of the uncerainty 
 
 '£.^ ofthe rights of particular perfbns, or bounds of Empires 
 and places ; out of thofe various circumftancc$ 3 wherby 
 we are now cimented., as pieces which accident, and not 
 nature fattens in the fame frame (unleffe it be in re- 
 fpe&ofthefbcietyofman-kind whole nature is not ro 
 bean Afcriptus zleh* particulari like a Tree or a Rock,, 
 which alwayes keepe one place) what f I fay) cm w r e 
 conclude,but that we of the People muft be contented 
 with thofe governours, into whofe full poflefsions it is 
 our deftiny to fall and this now will appeare to be that 
 Onginall right, which all of them fay we muft look up 
 to, in relation to the perfons governing. It is held a good 
 Maxim that publiquejuftice is defin»d heft by the rule 
 of private, and that the Government of a State is but 
 the couflterfit of a family, out of which a City derives its 
 being. 
 
 7. But it is to be noted that the Original! right where- 
 
 I* by 
 
(s.i6) 
 
 by we were firft Rated in our private rights or goods x 
 was meerely poffefsion. 
 
 7. Ifinthisffate of the world which is a Rate of war) 
 Princes {"hould notbeown'd by this title 3 according to the 
 conlequcnce of £oxbornius his pofit ion, they would hardly 
 mn a direCt iine upwards to nny cleerer pretention abori- 
 gine : and though poflibly there might be originally and 
 truly a 'clearer, yecthey wou.'d never be able to plant 
 any certitude of that now in the unde: landings of other 
 men. E xcepung only the matter of fact contained irWcrip- 
 ture ( for die evidence whereof God hath annex't his 
 promife of old, andhisfprit nort J we have nothing 
 die which is pretended antient, of which we have any 
 certainty . Infomnch that thofe things which were antient- 
 ly true to others, to us of this age have'onely ( as the 
 fchoole laith ) l>eritatem propofoionis,and we can onely 
 faythisoftheni, that in truth we are told they are true. 
 
 8. But wee know well, that hear-fay ( being 
 an Equivocall principle) confirms an errour as well 
 as a verity, and we have as little a durance of what was . 
 before us, and we can have concerning thefutuntion of 
 thinps after us. According 10 which ordinary rule we 
 eafily credit their predictions of furure eve/its tous, who 
 can divine the ieciet accidents ofour lives p?ff, whicri 
 was die Samaritan womans.cale, who confidently pub- 
 limt our Saviour a Prophet, becauie he told her ail fhe 
 had done in her life before, Whc refore I fee not howt co- 
 hercntly thofe Divins arYirmc.thatthe wicked who have 
 nota laving operating fa rh, may yet have an Hiftori- 
 call,fuch faythey)astheDevilshave: w c; ' is otherwife, 
 for the Devills have fcience of that which is to us but 
 Hiftoryand Tradition. They fawour Saviours mira- 
 cles, heard his Sermons, and beheld h.m crucified and 
 therefore may bcleeve,,&: j'uftly tremble.When therefore 
 the picas of Titles in leverall perfons or families, fhall 
 be but as the 1 ogicians fay, Argumenta ad homines, & that 
 we dare fay no more of them but this, that they are one 
 only, as good as another, furely we may be excuf'd if in 
 this cafe redetermine by the rule of Equity, that his is 
 
 the 
 
}.J 
 
 C"7) 
 
 the beftofall, who is in pofleffion. 
 
 How then can private men lawfully draw calamity on 
 the publique, by diriurbing iuch pofleflburs. meerely - 
 becaufetheyaredeftituteofanold Originall true Title, 
 cipecialfy if the lawfull things commanded .be in them- 
 felvcs alike in the govennent of both, and alike voyd of 
 all morall peccancy. 
 
 o, The perfbns therefore who may acquire power 
 here, are of a double consideration/ either iuch as can 
 hav e no Vocation at all, but are perfons totally and na . 
 tural ! y excluded from publique and fupjeineComiTnnd, 
 orclle they are luch as by unlawful! means oncly poiTelfe 
 themfelves of power, by venue whereof they do pub- 
 lique 'Acls of Government. Cf the firft fort we may 
 under/land fuch as the laws of Nature in its fimplicity 
 excluded from fuperiorky ; of which fome underhand 
 all women-kind, it not having beene in Adams power, 
 toiubjecf him'Treto Eve> When a '^ueene ij married 
 to /tare wiio I p ay you is then Husband ? Can {he be 
 laidrohaveaHufband luperiourto her? ff. fen. Cons. 
 Velleii SeH. i. Neproullo y nednmpr0ViriS;emin<e inter- 
 cedant. Namficutmoribus ciYilia djficia adempta firnt fa- 
 mines jta id efficium, in quo nonfolum opera nudumque Mi- 
 nifterium earumltefavetur, fedetiam periculum rei famili- 
 ar is. Wherefore it is but rational] to conclude, That if 
 a woman mav not plead, {he mav not judge, unleiTe {he 
 be bounded by the coniovnt fan&ions of thofe, who 
 pa rticipate with her in the fupremacy of rights. For this 
 reafon we fmde in the A 61 of the Queenes pardon. 50. 
 E!i%. c. 26. She decl ared their Pardon_by a fiction o f 
 Law r Vift. ®v her ftlnv lx to^er. Thus in" matters of 
 KelieionV'Baptifme adminiftred by a woman is not 
 heldfacrarnentall, and that fex is to be filent in the 
 publique Church. But our Saviour commanded the 
 Jewestoobey the Scribes and Pharifes who had goc 
 into Mofes his Chair, they teaching that which Mofes 
 commanded, and for th e reft, that w e ftiouldJbeware_of_ 
 their leaven. By which JgyjflgS fee that good things 
 may lawfully be taken trom a ' baa hand ; ana where 
 ■'■ " lj 1 mm it 
 
(n8) 
 
 itmiybe without confufion, the good commands of 
 one, who hath not the right toa Kingdome, may as well 
 be received as a Foreigners coyne may be into anothers 
 Iurifdi&ion ; and better I amfurc, then his Commands, 
 who commands impious things by a good Title. 
 
 Chap. XIII. 
 Of the time for Legitimating new Obedience 
 after Confufions. 
 
 $ i. Of the time for Legitimatingnew Obedience after 
 
 Confufions. 
 7 . the difference betwixt Conquefi and Vffiory. 
 
 3 . Grotius and Mr. Hobbes arguments examined^wbere- 
 by they would Oblige people tooneftandingandPerpetu- 
 all Obedience* 
 
 4. Freedome given upon a miftake wherefore valid. ( 
 
 5. How by a right of Zaele the people am$ng the J ewe: Jig 
 badarigbtofpunifbingwitbout confulting the Magi- 
 (irate. 
 
 6. Injuries of private irritations beflpunifbt by a Tub- 
 lique band : but Heale is of Common irritation. 
 
 7. Of the woman brought to our Saviour and taken in 
 Adultery. 
 
 8- Wherefore the Scripture forbids us fo fir icily to obey un- 
 titled ft opbets in the Church: but faith nothing of 1/- 
 legall Kings in a State, who may be all obeyed in law- 
 full things. All. 20. 
 
 £• 'the endrf Government the fame in all Governments. 
 
 10. King James bis opinion ef fucb a Temporall Obe- 
 dience. 
 
 $. 1. The 
 
Sf S i T He time when we are laid to be fully pot <^^, 
 ■' l feftandacquifd to another is a circum- 
 ftance here much materiall for the leg.timating our 
 
 perty of Land winch is over-flow donely by inundm- 
 SSStreiu, andthatwhichaRiver enters inco,as into 
 a new bed o channell; the property is loft in the one and 
 
 fundi rpttum tmmuut, ianh the law : and if Tttu 
 vlZ a vine or a Tree belonging to Smpromus m 
 Soundofhisowne, neitherof them are his, till they 
 fakeroote, atwhich time theLaw faith, they are f«t« 
 
 /Spartsofthe Field, ^-^^^Tit^rS" 
 dices egeritplanU,pr»prieta<. ejus commutator, ft. J it. de rer. 
 
 one H. 7. above mentioned ever made any Lawes, 
 butforthe perpetuity of our obedience to .him, and to 
 theSftofWsTitie: f Becaufeit woul^ad^. 
 -ion of prefent lacrcdneffe and Majefty, if we hould 
 H tWnke fuch could ever dye : ) Yet God the onely irn- 
 X™ calf King hathnot leftuswithoutan Ew, even 
 whenwemaybeleftwithouttbsmortantranfientMa- 
 
 •^ftracyby which Equity all our .mpotanteft d.ftcu! ties 
 fecdveaiecutedetermination inforo mtenon, when the 
 
 not too nialy *rt*xttbc Mr-nmning*nd the conquer ng 
 Ta Znn< andfecondly betwixt Cmjuell and ViHor. 
 ^Thefirft'likea-Vorre^; ^changes no P^pegy nor right 
 the other doth, if C as Gntius and Mr. B *b May > 
 there he a dereliction of command m .the perion or 
 
 Conquerours can no longer be refifted, and after tne .u 
 jt&s naveuf d all their endeavours tc ' oppofe luc^ a ^new 
 power ; hkewife when iubordinate Mag ftrates are re^ 
 ated bv the Conquerours, and that Courts otJUtuc 
 aaually difpencelaw under them, for the www and 
 
(I20) 
 
 tuum of the whole land, and permit publique meetings 
 (for the wotfhipof God. After which manner and 
 in the refo nation of which publique rights, T. Li- 
 >/ks faith thole of Campania anciently fell into the Ro- 
 man power and jur:fdi£tion . 
 
 yopulumCiimpanumurbemque Capuam y agros 3 delnbra de- 
 imMVma bumanag; omniain^ejb'am 'P.CMtionem dedimus; 
 
 2. As for Conceit diffe&mfrom Victory, I conceive 
 that to be properly an Heroic all Titie i not upon difference 
 
 l of right, and is a mcere lubjugation, Though one may 
 have duration as well as the other, yet it hath not its 
 rjie from any contreveriie of right, or of Government, 
 asVictorvh -th; wlrchcontroverfiewhen it happens 
 betwixt fundamental! parties, muff needs receive its de- 
 cilion and acquieio nee in an appeaie to the fword, there 
 b:in?no Supreme Tribunall here, to judge of thole.who 
 are the'fupremeft in the exercife of Jurita'ii5tion. 
 
 Conquefh therefore is an effect of warre, undertaken 
 borh for Dominion, and for the pofleffion of the whole, 
 as w-hen IW/ww the Conquerer chang'dthe Tenure of 
 fublique and private rights: Victory is an effect of war, 
 undertaken one^y for Dominion, and the poffefsion of fti 
 the former power, as k refided in the per/on or pasty go *m 
 verning. Thus fcverall of our other Kings were content 
 to ufurpe onely the rights of thofe who were in PolfeiTi- 
 on of the Crowne, and to give lawes of greater fecurity 
 to the private rights and pofic/sions of the People. 
 
 Though Conquest and Victory thus underflood'feeme 
 one and the fnme thing to us of the people, Vi%. in their 
 effects and plenary poflefsing us as /iibject onely to their 
 Dominion, yet none will /ay, butthe difference which is 
 be:wixt them in their caules, and in their chiefe effedr- 
 Avhich is when in a cafe of Conqueft every private man 
 lofes his cftite) may(Ifay)workeinusa more 'inward 
 acquiefcencc to the one, then to theother, which was the 
 cafe of this Kingdo'me in the confufed times ofthole feve- 
 ra'l iTin^s above mentioned, 
 
 3. Mr. Bobbes andH. Grotitis are pleated to argue 
 J evera!l wayes for obliging people to oneperpetuall and 
 
 ltanding 
 
(i?0 
 
 (landing Allegiance. • Grotim fuppofes fuch a fTxt Alle- 
 giance in a people , becaufe a particular man may gi\c 
 himfelfeuptoa private fervitude for ever, as among the 
 jewes and Romans. Mr. Hobbes luppofes , that be- 
 caufe a man cannot be protected from all civil! injuries, 
 unlefle all his rights be totally and irrevocably given 
 Up to another , therefore the people are irrevocably and 
 perpetually the Govemours. 
 
 To theic two arguments I anfwer, that wnat weight 
 of reafon fbever they may haye at the beginning ofa 
 w r arre,theyfignifie nothing at the end of it. 
 For both of them iuppoie the tyes made to thofeonly 
 w ho are in pprTefsion of us . 
 
 Secondly , the cafe varies againe when we diftin- 
 gnifh betwixt a fim pie and amixtState, when the iu- 
 preme pow r er of making and taking a way Lawes 
 lies divided betwixt ieverall perfons deputed for 
 that purpofe. The Kings of England were never io 
 great, but they had regni Comites , and the people never 
 fo low, but they fhared in thefupreme authority of ab- 
 rogating and making I awes. 
 1 4. Thirdly, the yeare of Jubile among the Jewes 
 J^aution'd fbrareturneinto Liberty ; and it was an old 
 RomaneLawin the manumiision of fervants, that if 
 they were once freed upon a caule approved on when 
 they were manumitted, ( whether right or wrong it 
 matter 'd not) they could not uponthnt miftake be ta- 
 ken into fervitude againe, becaufe Liberty is a fa voura- 
 bleCafe. InftrTit: 6. Se6t.6. femelautem caufa manu- 
 mffiOnu approbata, fivcVerafive falfa 9 nen retracictur, 
 "■ 5 . Fourthly, fuch a totall refignation of a 11 right and 
 reafon, as Mr. Hobbes fuppofes, is one of our morall 
 impofsibilities, and directly oppofite to tkat antient 
 Jus %elotamm among the Jewes, who though they re- 
 verer c't their Magiflracy, and their Sanhedrim very 
 nuch, yet they conceiv'd they had a right of judging 
 and punifhing a6b notorioufly contrary to the light of 
 nature and reafon, without confuting the formes of 
 either. In which equity Snare^, Vafques and Grotius de 
 
 I* 
 
(122) 
 
 lur. bet. lib.$ .cdp. 19.fi> farrc concurrc, that by the light 
 of Nature qui atrociter malefici funt, nequefarsfunt ullius 
 CiVitatis , a tiuoVti homine puniri pqffunt fi jus nature re+ 
 jpiciamus : They who are notorioufly impious, and be- 
 long not to any Common- wealth , may bepunifht by 
 any man whatioevcr, according to the Lawes of nature: 
 
 {Grot. lib. 2.I One of them only denies • that this 
 cap. 20. 3 common right of punifhjng fuch tranf- 
 greflours , is permitted to any in a State except the Ma- 
 gistrate • becaufe who ever elfe undertakes to punifh an- 
 other, thereby puts himfelfe out pf hisftation of fubje- 
 clion: Befides this right of punifhment belongs to the 
 iijpreme Magistrate , not fo much ( faith he) becaufe he 
 hath command over others , as that he is fubje^t to 
 none himlelfe ; which rea(bn(I conceive) only fhewes, 
 that iuch an intire abfolute Magiftratc may noc him- 
 felfe be pimifht by any , rather than that we may in no 
 cafe punifh others . As for that other reafbn, if it hath 
 iuch an obligation upon us by vertue of our Ci vill State 
 and fubjeclion, then no father might exercife his do- 
 rceftjck Juftice either on his Children , or on his fer- 
 vants : Neither could it ever have been excufable, that 
 a husband fhould kill his wife furpriz *dby him in A <• 
 dultery , or an afTaulted peribn athiefc, according to 
 an old maxime, In notoriis folennitas & ordo juris non 
 requii itur. 
 
 6\ How be it, it is 6ut equitable that a publique hand 
 (hould inflicSt punifhment in cafe of meum and tuum, and 
 of private injuries \ Becaufe in the heat of our perio- 
 ral! pafsions we might be too fevereinourowne cafes, ' 
 being both Judges and Parties : but if mofi of the 
 cafes permitted to popuiar and common punifhment 
 among the Jewes , lure Zelotarum y were iiich as little 
 concerned the difficulties of Meumznd tuum, nor could 
 be of perfbnall irritation moreto private, then to pub- 
 lique perfbns, (as in things evidently againft nature, and 
 the glory of God ) then the Cafe evidently changes. 
 Wherefore out of this fi me principle we finacJDeut.i 3. 
 and Lev, 20. that if a Jew in the Jewifh Common- 
 wealth 
 
( 123) 
 
 wealth (hould withdraw another from the worfhip of 
 the true God , to that of a falfe , he mi^ht immediately 
 be carried out of the City , and be fton'd by the people: 
 the fame likewife was allowed jagainft thole who were 
 taken in flagranti, and in unnaturall /ufts. 
 
 7. From hence the woman taken in Adultery was 
 immediately brought" before our Saviour, which they 
 durftnot have done fo confidently, if it had becnclear- 
 
 ! ly againft the right of any other Magiftracy ; to which 
 our Saviour did not remit them, but fhewd only how 
 unfit they were topunifh her for that , which them- 
 felves wercfb guilty off. Thus was holy Stephen put 
 to death by the lentence and execution of the people. 
 The familiar practice of this among the Jewes, made 
 ibmeof the Apoftles cafthow they might attaine extra- 
 ordinary meanesfortheconfumingof thofe, who were 
 fent by the High-Priefts and Elders to take our Sa- 
 viour : They thought the confequence was good , that 
 iftheyhadaright«to punifhfbme apparent tranigrcfli- 
 ons , they had as cleare right to punifh thofe who 
 would defiroy apparent innocence. They would have 
 
 tfire from heaven < as well as Elias had ) to confume 
 
 C^t Captaincs of fifty; and our Saviours Qucftion to * 
 T.eter, was but a tacite anfwering another queftion of 
 his, Vi%. Wherefore he would not in defence of his 
 innocence implore the power of heaven, and infteadof 
 twelve Apoftlcs , have twelve Legions for his fuc- 
 cour? 
 
 Out of which, and many other arguments, it is evi- 
 dent, That our Generall and Originall rights arc not 
 totally (wallowed up either in the property of goods,or 
 inthepoffefiion of perlbns, neither is all that which 
 was naturall now made Civill: wherefore that old 
 Law was but old Reafbn, ggodpopulus pojiremum jubrt 
 idratumefte. 
 
 After this it will not beamifleto fee whether there 
 
 ' e not a TfteoIogicaJl reafon for our acquiefcing in this 
 ffefsion. 
 
 8. Next to thofe Divine Sermons wbich our Saviour 
 
 made 
 
( i*4) 
 made on the mount, that which Saint Lake hath re- 
 corded of Saint Paul at Miletum, is one of the folcmneft : 
 where (like a willing vi&ime going to be lactiticed) \ 
 he firit aiiembled all the v fhcers of the Church ofEpbe- 
 jus , adurii >g them , that thev (Tiould never more fee his 
 face; but that after his departure, wolves fhould enter 
 their flock , and others come in at their windowes : 
 Though he was caieful! to premonifh them of fiich fu- • 
 tures as might enmare their Confciences, yet hefpoke 
 nothing to them in that imbroyl'd State of the world, 
 how tarre they might conforme to untided Magiftracy 
 in their Commands morally and Civilly law/ull. 
 
 But as our Saviour left all the world,fb he left them to 
 theprefent pofleflburs, and fore-warn'd them only of 
 falfe Chrifts who fhould invade the Church by a wrong 
 title : he laid nothing of Kings who fhould Co invade 
 a State. He bids the*n beware of the firft f and to op- 
 poJethem with the words of truth; for the other, he 
 faith all powers and principles of might come from 
 God, and than Princes are not all borne fuch; For he 
 that brouehtall Naturail things out of nothing , fbme- 
 timesin Civil things exalteth the lowly , and hum-^ 
 bleth the mighty, Befides, earthly Governours (wrv.^1 
 fbevertheybetSatin the fcufHe of the world get at top.) 
 adminifter thefamejufticeto the people. 
 
 And if we divide all Juiice into Commutative and 2>i- 
 ftributiVe, wefhallfinde , that the People fet the Pro* 
 portions of the firft to themfelves in meat,drinke, cloth- 
 ing , and other neceffirics of life ; and the Magiftrate 
 lets the proportions of thr other , in which dirtribution 
 though we were not defrauded (by the partiality of 
 Ufurping Princes) in Honours, dignities and places of 
 Temporal! advantage, fwhich we conceive our /elves 
 andorhers have merited) yet after a!l we mutt confeiB, 
 that as Chriftians we are enjoyned not to prize them, 
 but to be ready to abandon them , Chriftianity be- 
 in^ dejure contented with as little , as they fay Na- 
 ture is. 
 
 o. If v\c askc to what end the Magiflrate is given 
 
 us 
 
us? It is anfwcred, That under him we might lead a 
 peaceable and godly life. And whv this ? For the glory 
 of God, and the good of our Neighbour. The Duty of 
 the Magiftrate then ( in what forme of Government 
 fbever ) is to hand betwixt us and iuch injuries, as may 
 hinder us in doing this worke : lo that it he be iilent, 
 or abfent , after all difputcs if we performe this worke, 
 we doe that which we came into the world for; and 
 further then this whither can any presumptuous or in- 
 terrefted Caiuift carry us .<? or why will he not allow 
 Scribes and Pharifes to be heard in tho/e things, which 
 Mofes did command , * and would have (till Command- 
 ed if he had being in Nature? but rather feeketo put 
 inares upon mens fbules and Confciences , obliging us 
 to Morallimpofsibilities? 
 
 io. If we will take the Judgement of a King in thfs 
 Cafe of Confcience , King lames determined a litt'e o- 
 thcrwife for his Catholique Subjects , who by faulus 
 Quintus histBrief, by Cardinal; BeiUrmine and others 
 were taught, that they mi'ht not obey or render Alle- 
 giance to him , an Hereticall and unlawful! Prince, 
 though commanding things Civillv law full : and 
 therefore thev were accordingly difpenc't from their 
 'cVafhes o'f Allegiance and Supremacy. 
 
 The Kings words in his Apologie for the Oath of Al- 
 leghnce, p. 25. aretheie: Ct I ever held it for an in- 
 c fallible Maxime in Divinity That temporall obe- 
 Cc dience to a temporall Ma^iflrate, dfd nothing re- 
 " pugne to matters of Faith, or ialyation of loules ; but 
 ''* that ever Temporall obedience was againft fiith 
 ft and falyation of loules as in this <BreVe is alleged, 
 <c was never before heard nor read off in the Chrifhan 
 c Church : So that 'Pius ^uintus cannot but be cuilty 
 cc of the blood of thofe persons and families , whom 
 Cr he doth k> wilfully caft away and expofe to.ru- 
 " ine. 
 
 ; I know,not what could be drawne up ftrongerin 
 maintenance of this Argument of ours, then what we 
 haye here received from the Kings owne pen. It will 
 
 noc 
 
(126) 
 
 not be enough here to reply, that the King (peaks only 
 in behalfe of thole Princes, who are qualified with in- 
 dubitable true Titles, and therefore are upon no pre- 
 tence to be difobeyed : For his words though upon the] 
 rm ft Logicall rack ftretch not fo farre : and he was 
 wife enough not to caft himielfe upon that difficulty ofj 
 proving certaine T ties ab t>igine 3 the other being of it[ 
 felfe, and as they urped it, great enough, vi%. That 
 how good foever his Title mi^ht be (which was no?, 
 queftiondby the Pope ) it w?s loft to all Papiftsin his 
 Herelie, and he thereby made to them an unlawful!; 
 •Governour. To falve this inconvenience, the King) 
 ipeaks only concerning their Temporall Obedience, 
 which he faith was never yet affirm'd to be againft faith 
 and fai vation of fbules in Lawfull things. 
 
 Chap. XIIII. 
 
 Whether Prefcription can give a right 
 Title, efpecially fuch as will except again 
 our Obedience in plenary Poffeffioa. 
 
 5 
 
 £ i. Why States attribute the iffccls and not the Caufe 
 of rights to Frefcription. 
 
 2. 'the internal! Court of Conference findes only an 0[>i 
 nion of right in Frefcription. 
 
 3 . Why States ought not jo be difordered for the deft& o\ 
 Right in Frefcription. 
 
 4. Why frefcription may run tgainft goods better then a- 
 gainftPerfons. . 
 
 5. Right not recifwa'l betxvixt yoods and 'Perfons , but 
 only hstwixt perjons and perfons. , 
 
 isOp TTBough the Evidence of Orieinall Compacts and 
 * x rights ftand at fuch ieinotediftanc.es from us, thai 
 
 the] 
 
(12 7 ) 
 
 they arc hardly difcernablc; and that the Principle of 
 fuch Civill things, as well as all Natural!, is iought 
 for inaChaosandConfufion: fb that the Evidence of 
 ancient fa£ts have - — Ve/ligia nulla rctwfum, no in- 
 fallible marks of their pre-exiftence (one /rep doth (b 
 confound and obliterate another ) and that time it felfc 
 is but an imagination of our owne, and an Intentio- 
 inall, notarcallmcafure for Actions, which paiTe a- 
 way concomitantly with that meafure of time in which 
 they were done; for which rcafonswe talkc of anci- 
 ent things, but as blinde men doc of Colours: Not- 
 withftanding, Prefcription is fuppos'd by moft to hold 
 out fuch an E vidence, that (as they fay ) it ought to fi- 
 lence all Countcrpleas k\ all Tribunalls, ami by the 
 prefent allowance which is indulg'd to it , it either 
 proves a Good,or cleancs a Vitiated Title ; And hath 
 this Prerogative in the Civill constitution of the World, 
 and for quietneiTe fake , That what it cannot finde, we 
 grant it a Power to make. 
 
 Sett. i. But if we examine all this ftri6tly at the 
 two great Tribunalls , the Externa 11 and Internal!, 
 .and argue the I«s of it as States-men and as Cafuifts, 
 We can then raife the Argument for the Validity of it no 
 filehermthe Externallor Temporali Court,thcn That 
 it is only very convenient that it fhould have thecjfetts 
 of right , Left Properties and dominions of things 
 fhould be uncertaine ; and that the apparent negligence 
 of true owners fliould be punifht, and Gontrovcrfies 
 have a ipeedy end ; States looking more after Publique 
 repofe and quiet, then afrer Ariel: virtue > and more a£. 
 ter thofe things which are ad alteram , then after that 
 which concernes a mans owne felfc ; for fay they, ®e q~ 
 rum injurU $iti cur<e , The Gods looke well enough af- 
 ter their owne injuries : States meddle not fo much in 
 great Prodigalities, as in petty fetrcinies; Our chief- 
 eft Liberty, Privilege or Prerogative in this World, 
 confirming *only in an uncontroulable right which we 
 have to undoe our fel ves if we plcafe . 
 2, But if we plead at the other Tribunall as confeien- 
 
 cious 
 
(128) 
 
 cions cafliitts , wcrauftgive our ultimate re/blutions, 
 out of that law qua inciditttr non are, fed ani?nis } which i s 
 not engravd in Tables of Brafle, out in the 7'ables o 
 ourSoules: For the rules of our Lawes tell us, Qu* 
 pnncipio Vitiantur ex pojl- facto reconValefcatit; and trlat 
 Pxefcription or Usucapion (which is but theLapie of fo , 
 much time ) hadi the Power to m ike wrong become a i 
 right, yea to change the Morality of an Action, andl 
 turne quantity into quality. Upon the refult of all which* 
 wemuftnowlay, thatr initead of being a right, or m 
 certaine caufe or proofs of it, it onely makes an Opinion l 
 of right i 
 
 3. So that when we have with eagernefle run it 
 to its end, and hnde nothing, «w r e are but in fompeyt] 
 aftonifhment, when after his Conqueft of Jerufalem, 
 he had with fuch reverence and Curiofity vifited the 
 Sanltum SanUorum y and found nothing there, Prater 
 duo candelabra® fedew-'Deo ltacuam, A pake of Candle-! 
 tfticks, and a chaire in which there was no God fitting,' 
 Yet for all this miftake he would not ( as lofepbus faith ) 
 diforder or robb the Temple which hetooke by fore 
 ofarmes; becaufethe very Opinion of Religion hat 
 fomething of Religion C which made lacob^ accept 
 Labansozth by an Idol ') fo ought not we 1 lay, for \i 
 defect of right in preemption disorder a ftate, though 
 jnConfacncewecano'ie'ly lay that it conteins nothing 
 but the Opinion of ri^ht, and makes people itrangelv, 
 forger by what inlenfible decrees they fall into extremes 
 and Contraries, as into the fame things, whereby wonJ 
 deris better taken away then fin. 
 
 4. Here I conceive we may well admir of a diftin 
 £tion hetwixt Goods and lerfons prefer ibed. Thcfe a: 
 inammate,ever flee from fin; thepainesof Damnation, 4 
 and joyes of Salvation belong not to them, and k 
 conicqucntly it matters the IcfTe, ( in every mans judge- 
 ment)mto whofc hands they fall as inftruments to b; irri 
 ployd : But it is otherwise with Periods , whom 
 P n. ccs would irrevocably acquire and imploy in every? 
 thiag. For they may b : conftmned either by force , orl 
 
 example! 
 
( "SO 
 
 example , or by fome other inducement of their PoiTef- 
 fours to ioie eternalMire : Neither will -a vicious con- 
 tagion diffufe it ielre any waves io potently as thus, 
 even as water fheds it felfe (tronglieftfrom the declivity 
 of a high Hill ; Thus we read that lome Kin^sjnadc 
 all Ifraelltofinne, and that blinde and publique guides 
 lead others into ditches and the pi ec pices of Hell. 
 
 5. Right is not reciprocall betwixt Terfvns and 
 things: For Land hath no right to us, but we to it, and 
 therefore its fervitude is perpetual! , according to the 
 firft Dominion which God gave us In it, and over 
 the Animals which have n©thing to doe here but to 
 feedeon it for ©urfervice. Buc betwixt Perfons there 
 is mutuall ( though imcquall right ; which formes 
 fbcieties ; and therefore we having reafon and Life, 
 which things have not, know how and why to fire 
 our felves from being tooles and inftruments of evill 
 and wicked actions , and from being imploy'd in abo- 
 minable ufes. For which reafon we can neither be (6 
 eafily Acquired byfuch an Accident as time is, norbs 
 retain d in iiich perpetual 1 flavery as other things are; 
 which yet when they incline to a Corruption , break 
 their forct focieties, andreturne into their Elements, 
 !r which is their firft ftate of Nature : where they cannor 
 • ftandlong, but returne back againe into other focie-* 
 ties or Compofitions more worthy of them, as wc 
 our felves in the like Cafes of our Civill Corruptions 
 ( according to the Hiftory of all times; have done. 
 
 Chap. XV. 
 Of the Severall Formes of Government y 
 And how farre they may in their Changes 
 Legitimate Obedience. 
 
 £. I . The abfence or change of the Civill Magijirate have J 
 m notvi^Mt a Magijirate or Jfiftitt? 
 
 K a, Hotf 
 
(»30 
 
 2. How Monarchy Afiftccracy^ and Democracy are the 
 fame. 
 
 3. IV by a change of government frees ?;ol from nil the 
 Inconveniences of Government. 
 
 4. Joe feverall wayes of circumfcribing Magiflracy, and 
 of Fublique t ran fad ions. 
 
 5. tVbyfeofle of feverall Governments differ rather in 
 figure then in forme. 
 
 6. urn little change a change of Government ma\es in or 
 of us. 
 
 7. Why Cbrift bad us more beware of falfe Frofhets then 
 cf illegally rimes. 
 
 8 Whither nothing can be jufr 9 but thai which is defined 
 by the Legall Magiftra\e. 
 
 9. Bow a man may have aright to talg what another hath 
 not it right to give. 
 
 10. Of Non-obedience. 
 
 11. 'that all Ohediencisfajjive. 
 
 /t>-|=& Sctf. i. COme thinkethe variation of a forme of Go- 
 
 ^vernment, ma kes a variation of the forme J 
 of Jufiicc, even there where all Juitice is diitributed 
 by the fame internall equity , the fame rixt Lawes, and 
 the fame Tribunalls, but not by the fame hand of flcfh ; 
 not considering that the end of our creation and confer* 
 vatioi-i is die fame in all formes , vi%. that we might 
 glorific our Supremeft Magiftratc., and doc good to 
 our Neighbour or fellow Citizens all the world over. 
 Such as thefe conceive they are without a Magiftracy 
 when they change from one mortall forme to another, 
 whereas indeed they fhould looke higher then our Sub- 
 ordinate Magiftrates, andthinkewe relate principally 
 to God the unchangeable Magiitrate, who hath writ 
 Lawes of Piety and Juftice in the breatt of Angels, 
 and hearts of all men in the world, which our tvanfient 
 Magiftratcs rnuft obicrve as well as we, and for all 
 which weprayconjoyfitly that Hit"? "^^kc done on 
 
Itisneccffary we fhould live al way es under a fope- 
 riour will and Government , and that is his • becaufe 
 he is alwayes , and every, where intimately preient with 
 us, whereas our other Magiitrates in what formes fb- 
 ever may ( by many accidents J have neither vertuaJl 
 nor perfonall pretence with us, and their minifferiall 
 formes of governing us , areas mortallas their mini- 
 fteriall perfbns 9 according to the will of him, from 
 whom all of us equally derive and who.hath flated 
 the Government of the world for ever in himfelfe. So 
 that no man denies , but that it is by him that one pow- 
 er or forme is fet up, and another caft downe , only 
 we are loath to fay concerning the powers of our imme- 
 diate Intereft, by "tohom it is, That they ceafe to raigne. 
 Which makes me flill conclude more determinate^ 
 that our immediate Allegiance is due to thofe who im- 
 mediately protect us , and plenarily pofleffe us , but in 
 and abo veal! to God, the Univerfall Eternal! Magi- 
 ftrate, under whole Jurifdidtion we are to live eternally 
 
 in another world. * 
 
 2 4 The difference which is betwix t Monarchy , "An- 
 ftocraey t alld Democrat im more* then is betwixt 
 5^ one jacobus piece or Uoid, twenty two (hillings , and 
 , forty fourefix-pences, which put together are eqiu va- 
 lent one to another, and of the lame intrinfick va!ew # 
 Evenfbthelupreme a6ls of Government are the fame 
 in all the three governments. For no State hath a capa«* 
 city to goe higher, then 
 
 Virft,toma\e andta\e atoay a LaV?. 
 
 Secondly, tomafyWarre or Peace. 
 
 Thirdly, to judge of life and , death. 
 
 Fourthly, to fix all appeal e in itfelfe ; 
 At the top of thefe foure ffeps all the three States of 
 Government meet: 
 
 3 . And becaufe no forme is perfect here nor free from 
 inconvenience , therefore it is with any of them , when 
 chanced, as with a great Statue of braffe, melted into 
 many little ones , which though it change its figure, yet 
 it fends all the qualities of its mettall <tad its *ru&o along 
 K 2 With 
 
03*) 
 with them, which in time will appcare , if not oft 
 clemied : even fo the inconveniences which people 
 feclc, rather then iurfer in iubje6bon, for the benefit of 
 P rote&ion , are fbr the molt part the lame in thofe Ieve- 
 rall formes of Government, And it is inour deiire of 
 Change of Government , as in our defire of change of 
 dyct ; of which though one iort may be more healthy 
 and r.ourifhing then another, yet we mult feele fome 
 gnawing of appetition, and paine of repletion, for the 
 iweet of* that which we turne into nutriment after- 
 wards. 
 
 If we would make a mixture of thele three Govern- 
 ments, yet they make no change ftill, as to the Pro- 
 duct of a fupremc aft ; For they who concurre with, or 
 limit one another, in that Capacity, are co-partners, 
 and doe the fame thing together, whxh one alone doth 
 I.egiflatively. 
 
 4. Severall Countries have ieverall wayes for cir- 
 cum'cnbingtheir Magiltracy, and for ordering their fu- 
 premc tranfaftions. I n Poland any Gentleman ma y 
 lately and freely accufe hlsTr' rince : In Arra^on the chief 
 Juftice ha th a T ribunitian power. In Venice the Duke 
 itirrcs not out of the City without leave, and he is made 
 io much greater thenanv of the jeft , only thereby to 
 allay the growth of Ambition in any one befides. And 
 for the forme of tranla&ions, all every where follow 
 plurality of iuffrage, but in Ieverall wayes ; For in the 
 Senate of Vouct t here mult in many Caics be a concur- 
 rence of t hree parts t pt iou re ; fn the Con cTave of 
 Rome at die election of a Pope, two parts or three. In 
 the Confiltorv the^ Pope alone carries it agamlt all the 
 Councell or' Cardinal Is : In the Convention of Tj land 
 when thcimportantit bufindies a7e propounded , poti- 
 cr eft conditio negantis , one negative hindo a. all ; In 
 Mvl'and, the States Genera II or the ieven Provinces 
 have but (even Votes in nil, and thole obliging accord- 
 ing to Plurality of Suffrage; but with an excellent re- 
 medy for the inconveniences of that way of Voting, as 
 becomes thole who arc. diflifl&ly fuptcmc in them- 
 
 fcjyes, 
 
033) 
 
 felves, and intend that fbr their fupreme collective Afc 
 fembly. For, the number of States^ fent to con/uk 
 and tomannagethelntereft of their Single and Pro- 
 vincial! Votes, are without limit, and asthcre/pe- 
 clive Provinces according to their Supremacies pleafe 
 to delegate. Infomuch that at the concluding their 
 Truce wkhSpainc , there were 800. States deputed by 
 the Provinces to deliberate and conclude upon Seven 
 Votes. For which reafbn we may lay > mat Votes 
 there arc rather Locall then PerfbnalL 
 
 In Bngjand all is contrary, Votes with us being ra- 
 ther Pcrfbnall then Locall : for which reaibn Pcrfbns 
 are neither ib revocable, nor accountable here as there 
 th eir deputation being a Irinde of Legation and J- r rrj ha d 
 fie. For we repreientnot Provinces, nor any Places 
 diffin&ly Supreme; but Provinces and To wnes mixt- 
 ly together, audio, as To wnes are of greater autho- 
 rity then Provinces, there being more BurgefTes then 
 Knights of Shires , although this be a favilege of 
 State, n oway proportioned to tEe Burthe n borne in a 
 Stated bijt rather a marKcof Kingly g race, and diftr i- 
 bution m acle and , contriVcl for the better lnpport of 
 ^Cliigfy Iiftereit. With us therefore the odde Voyce car- 
 ries all things alike, fey which it may fo h appen that 
 one man may make ortaKe away the" Deft Law that 
 ever was made. 
 
 5. Upon confederation of all this^nd by the leave of 
 lb many learned Pens who have a[l writ otherwayes, 
 we may fay, t hat Peop le of feyerall Governments dif- 
 fer rather in Figure , then in forme. For the forme of a 
 State is that which gi yes it life and being, by the admi- 
 nift ration of Juftice , whereby we are fecured from iuf- 
 fering wron* , enjoy the communion of rights , and 
 have nunifhments for Vice, and rewards for Virtue. 
 ThefebetheVitalis of all States, and are the fame in 
 all Governments , fo that in a Change , where unlaw- 
 ful! things interpofe not, there is nothing that really 
 affecls us fb much , as the Novelty and the Opinion of 
 it, to which if thecircumftanceof aLittletjmebe ad_ 
 dedj ay our wonder is gone. K 3 6 . Fo*. 
 
(i34) 
 6 For what change is a change of Government ? 
 It changes neither our humane Natures, nor our ipiritu- 
 all relations, but onely a Miniiieriall circumfia ncc of 
 our meane Civill ftation, The Law and Equity of a 
 Court is ftill the fame, whither the Judges be ibmetimes 
 mote,fometimes fewer in Number. Into what interme- 
 diate iubordinationfo ever we fall, wearcftillas the 
 lame Equidifiant lines; which come from the fame Cen- 
 ter ofjuftice and being, God: Andtoipeake proper- 
 ly, wecanhavebutonefupremacy, becaufe there can 
 be but one Center, other w iie fc verall Lines, of Overa ll 
 Iuftices will cut one another. A civiil circumfctahce 
 ( fuch as any Magiftratemay bee ) cannot obftru6t the 
 paffage betwixt our Supreme Lord and us,nor hinder the 
 Conveyance of his fpiritinto us, nor his Angels (which 
 are al waves going up and down the Ladder ) from car- 
 rying up the A lmcs and prayers of the feithfull before 
 hub, norpreventordifturbethejoy which the blcfled 
 have in Heaven at the Con verfion of finners. 
 
 7. No wonder therefore mat Chrift bad us fomuch 
 beware onelv of falfe Prophets, who might cheat us of 
 our incftimable Jewels, and iaid not a word concerning! 
 falfe or Illegall Governours which we might afterwards* 
 Live under; leaving us to the Indifferency of their Mi-- 
 niftVriall ftinclions for fecuring our meat and drinke,and 
 Clothing; _St. Paul I ikewife bad the Corinthians, Cor. 
 1 . 6. avoid the I egall Magiftracy of that Country ( of 
 what forme fbever) and rather end their controversies 
 concerning humane rights, by J udgement among them- 
 felves : or ifthcy would make ufc of their Tribunals,yct 
 he left them no Inftru61:ions for excepting againft the j 
 Competency of the perfons then in Power, nomorethch 
 our Saviour did again ft Scribes and Phariles w r ho were | 
 PofTeft ofMofcs his Chairc. 
 
 AChriftianmaybeperfe&in any State of Gover- 
 nment, becaufe his perfection comes not from the World, 
 and there is but one thing neceffary for him, for which 
 hemuft be alwayes ready to adventure his life. But 
 *ee how ingenious men are to argue themfel ves into their 
 
 oyvne 
 
©wneunneceflaryMifery? Some fay we may not, nay 
 cannot do any juft thing under an illegall Magiftracy, 
 and_yetthat all intermediate intrusions betwixt us and 
 thofe who were the firft in Compact, are illegall: and 
 after this where {hall we indubitably fmdc a Legall 
 Magistrate? Orifwefindehimwhohath (iich a true 
 Originall title, yet an6ther Prince who is in Poflefll- 
 on of his Kingdoms, will be loath ro make any Volun- 
 tary CefTion of his Poffefsion for him : Orif pofsiblyhe 
 who is in Poffefsion, be jikewife defcendea from "t he 
 Originall Compa<Stours7"~yet h ow will he p r qv e*""'io- 
 mucn now to us by tradition only, e/pecially (6 indubi- 
 tably, that we may dye, or fecurelv kill others upon it ? 
 The proofs- of this is a proofe of old fa6t, a thing of great 
 difficulty.Thefe being doubts neither humanely possible, 
 nor abfolutely Neceffa ry for us to be refolvd of, we may 
 then Comfort our felves with this, That the Queiti ons 
 which will be propounded to us at that dread ru U day of 
 Judgement, when Princes & People fhalj /rand m ; xt to- 
 gether before our true and great Magistrate, will be only 
 concerning the things themselves, juft or un juft . which 
 we did herein the flefh ; not under what Perions, Titles 
 ^br Political! formes we did them. Forthe^ wil jultirTe no 
 ■irregularity at that tryall. There isa Nfecefsity tha t there 
 {houldbe aChangeofthe Per/bns or Uovernours, but 
 not of the Equity of Government : the Courfe of Na- 
 tuTTdotli the one, but ftill endeavours to ftrengthen. the 
 odier. 
 
 The reason wherefore there are flich great Changes 
 injure publico more then injure Prftato. and why in the 
 
 midft offomajiyChanges private perfons keepe t heir 
 £Ttate sT w hen PuCTiqu e perions cannot keepe trieir Jita- 
 tions and Places,is,Becaufe all motions, or Mutations in 
 that Station, are above all Tribunals and coercions. The 
 jus ad rem or of Me urn (? tuum belongs to an inferiour 
 Court ; but the jtis ad regnum hath none, nor any thin^ 
 eUe but juft Necefsity and Poffe/sion to juftifle a change 
 
 (made either in the lame, or in a different Government. 
 Oh. One very considerable Objection is here op 
 K 4 pos'd; 
 
( »30 
 
 pos'd; t That People who live under Governours (of 
 \vh i c form foe ver ) who deri ve not Legally from the fcrft 
 in Compact, may not obey fuch even in lawfull things. 
 Becaufe no juft th ins can be done, where Juftice cannot 
 be ha d ; and juftice can be derived only from the legall 
 Magiftrate, 
 
 Anf. Ianfwer, That this Argument fuppofes that 
 true^ which isthemaine inqueftion, Yi^, Where aMa- 
 gi ftra te ca n e v ident 1 y b e found with fuch an i ndubitable 
 Title Aborigine* However welee St TauT bad the Co- 
 ftntbians avoid the Legall Magiftrate of drat Countrw 
 therefore all juft things relate not formally to the Legall 
 Magi(tttite„ Moreoycr our Saviour bad the Jews bar- 
 ken to the Scribes and Phariiees, they commanding 
 what Mofcs commanded. For as Divines fay, concern- 
 ing the Sabb ath, that t he change w hich the Ap oflles 
 made or it from the laft, to the ftrit day of me~"Wccke, 
 was not confidera ble, becaule the Mora! I part of it re- 
 names tor perperHall pbfervation in the day which we 
 how are chang d tcT: Even fo we may lay concerning 
 the changes wfiich are either of Governours,or Govern- 
 ments, Yi^ If that which was of Morall duty and ju- ji 
 ftice be ftill conierv'd by them to us of the People, we* 
 mav then reft well allured that we may juftly conform 
 to them, as they are difpens'd to us by fuch meanes. 
 Equity is above Law, and if an Obedience to an Ille- 
 gal! Magiftrate in law full things be equitable, then die 
 defec"t of legallity in it, will not be faffident exception 
 againft ic. The circumftance of the Magiftrate is no part 
 of the definition of Juftice, which therefore may be 
 rightly done, without any consideration of his Right. 
 For Tuft ce is nothing elie but a conftant intent to g ive 
 to every one tnat. w hicn i s his o wn. 1 1 he Romans were 
 not mill ippy u"ndeT' HUma, bccauic as IHerut ia.ii\\, Quod 
 Yi <& injuria occupd\>eratlmpcriMn, fyligione &juftitiagu- ■ 
 IcrnaYit. The Empire which he had invaded by force 
 and wrong, he governed w r ith Religion & Juftice. 
 
 Divines ho'd liVewiie, t hat Chrjft inftituted a Mii Ti- 
 pn whereby his Go/pell was to be continued txTthe 
 5 worlds 
 
, Ci37) 
 Worlds end by Minifters deriving from on another : Yet 
 in the Controversies which we have had with the Pa - 
 pift s , when they object that we have no continued 
 Million from Chrifts time, becaule for many Centuries 
 the Chrift ian World was totally under Popery ( Co 
 that though their Minifters might be true Minifters, ycc 
 ours certainly could not) Here our Divines thinke it 
 enough to diftineiiilh betwjxt aPerfbnall, and a Do- 
 clrindlluccefsion, and affirme , That the Do&rin all 
 luccelsion is a bove the Per lonall , which &rves only 
 for dilpcncing that true Doctrine, which we now have, 
 and by faith in which, they who livd Co long under 
 Popifh Paftours mkht be laved. Even fo why may 
 not we as well fay , That where there is not in Civ ill 
 Go^ernmem sjbc fafTie form al l lucceision ot Perld hs, 
 tnat therjeTEePeo^emayLaTvfuily conformeto c heny 
 mey holding out the Limy^ y\£ichthG' 
 
 Excluded M agiftrates oughtto have done , iFtHeyHad 
 iucceedcd. 
 
 So that the fame Juftice of Peace chancing the 
 fame L awes for Peace under one iort of Government 
 as under another , doth the lame Juftice; theCircum - 
 ^ftance of \ja giftratcs i s only to lee that i: be clone w ith 
 iecurity andquict ; ancT when it is eitectHaly lo done , 
 wFare to do more then"oBey them, that is, to pray and 
 praile God for them who ever they be that lo govern us. 
 for when o ne Government i sexcluded if another did 
 not preientlvincceed in its place T^wg fbeuld fa ll into 
 Confuffon , and it i s a Little time thatferve s to mine a 
 man , efpecially in the Privation of ail Government : 
 in which ftate all things are Common againe, ai d each 
 man islefi: in bis Natur al Is to caft how he mayljerencl 
 himielfefrom ailtherelt of the World. 
 
 Objett. It is objected in the lecond'place , that luch 
 an G bedience even in Lawfull things to unfawfull Go- 
 vernours, doth afTert thole Governours as 1 awful 1 
 
 o, Anf. I anfwer ; If it be up«n a plenary Po{Te£ 
 lien, luch an Obedience only aflerts the Irreliflibility 
 of their Power. He who takes a Neceffary almes, f om 
 
 him 
 
( i38 ) 
 
 himwhogothiseftatebyOppreflion, finnesnot, nei- 
 ther afrirmes the right which the Opprcflfour hath to his 
 Eftate ; by which we may lee that we may have a righ t 
 to t ake , whatjin other may not have a right togiye. He 
 wKoTends uponbiting Ufa ryor Extortion finnes, but 
 he who boHoVVe s money lo of him, when he can not 
 get any rrorn rum or others other wayes, hnnes not , nor 
 ^rflcrtslhe LawFulnefleof the others Loane. 
 «~ -jrrTrris^^ place for a diftinfti on 
 
 ofa (jovernn^gntettabiiiht with i.ongrpoting,or with- 
 
 out rootin g^ f or it we linne in doing Lawfull or~un- 
 lawtii Uthin^slJngeTt ither, the£apfe of time ( as hath 
 15eciTfrrewa} ta Kcs'npt away fihne in c ither, fo that 
 oncis ( to our a nions; as L awfull as an other. Befides 
 into what Condition would we put our ielves if we 
 will not obey ? for i n a State there can fa ; up f'ich r ^»g 
 is Non-obedie nce : iieveryman muft either Command 
 orb bey , or elf e live by himielfe , by his owne I awes, 
 and his owne Militia. This is according to a good %- 
 Itilaluris 167. ff, guijujju, Indicts aliquid fait, nonVi- 
 detur dolomno facers 9 auiparere necejje habet ; That is, 
 He who doth fomething in conformity to the Command I 
 or fentence of a Judge, doth not in any appearance do? - * 
 what he doth, with an intention of fraud , becaufe his 
 Obedience is Neceffary. Juft io State-Obedience is 
 Neceflary , and what we fo conforme to, is ailed un- 
 due Command, for which reafbn we are acquitted from 
 the Imputation of Treachery, fetronins might boalt 
 jnhisPialmes. • 
 
 Hoc amo quodpojfum qualibet ire Via 
 
 B ut there is no fuch Privilege in a State or Society ; the 
 Conveniens whereof is not to be lefc at Liberty and 
 freedome. For he who would keep his Naturall Li- 
 berty without Relation to a State, fliall loofe that and 
 every thing elfe ; and he who will refolve to loofe that 
 Liberty may conserve to himfelfe the enjoyment of all 
 Rcceftary things. 
 
 Some are pleas'dto fay, that they can obey fuch Paf- 
 
 fivcly, but never Actively ; yctconfider not, that all 
 
 Obejdicncci 
 
Dbedience is Originally Fafsive more or leflc ; that h 3 
 is both arc Iuffn Impel otitis. Nay their Pafsive Obedi- 
 ence (astheyunderftandit) maybe worfe and more 
 mwarrantable , then that which they underftand to be 
 \&ive. For he who executes actively the Office of a 
 Juftice of Peace, or of another Inferiour Magiftracy, 
 >y VirtueofaCommifsionfent to him by a fupposd 
 [llegall Magiftrate, and thereby doth good to his poore 
 Neighbours, doth not a thing to bad, as he doth, who 
 ;ven under his Legall Magiftrate is preftout to warrc 
 Lgainft thoie , whom his Confcience cannot condemne, 
 lordefigne to death ; yea or pay Taxes to be imployd 
 tsainft thofe whom his Confcience juftifTes. 
 
 Chap. XVI. 
 
 Of Politicall Juftice., Or the rule whereby 
 we know the Magiftrate to Command, 
 and our felves to aft Lawfull things un- 
 
 „, derhim. 
 
 'i . The difficulty of diflributing Juftice wight. 
 
 2. Of the Corruption of firft Rights. 
 
 3. Fourc parts of Juftice* 
 
 4. Why the Violation of Folitkalt Juftice bath the worft 
 effetfs. 
 
 5. Feople obey not to the prejudice of any > if tbey doe 
 a&ions according to their Natures under plenary Fo[- 
 fejfours. 
 
 6. ibat a thing be Civilly Lawfull it is net Nectjfary 
 that it'begin rightly. 
 
 7. The Merit of the Magiftrate ma\es a Debt upon the 
 feople. 
 
 8. H#b? 
 
(140) 
 
 8. How Contrails may be mode with us without cut Con- 
 
 9 . Whether Religion and Iufiice hebmm by , «J|r*. 
 
 or by derivative authority* . 
 
 io 2fo tb«« coBwaciifc ewid«K« of Re ''*»» ««d I«- 
 
 'fiice, authority Reafon and the Spirit. 
 u the Ugicall and Morall Principles of Reafon. 
 \i Whether there nay be a mixture of ibfenty ■* 
 
 , » How religion! are defind by MortaB authority- 
 
 14 * "fbetberwe have any outward authority which evi- 
 dences Religionmore then Law or Hue? 
 
 ,<. Whether Religion be a f art of Iufiice ? 
 
 16. How people in tbe gr«»/» ewtfonw of Kdigna ar< 
 moll vicious. ... , a 'A 
 
 If. kby there are mojt exemplary Virtues and Viet 
 when people are mofl vicious. 
 
 18. Of the Affinity of Iufiice and religion. 
 
 la Natural? religion or lull ice findesj&ing Hfatufr 
 Gods Juflice, nor his will which it cannot Wtva. . 
 
 J Hoi the Sprit tbe kfi evidence of ,b,r which m 
 
 " tannot finde by humane me anes and of ourjelves. 
 
 2 * How we may in our (the, and any Tfifm » fi"'j 
 
 ' enough .o evidence bo}b tbe jufmffe and txpedicntnejj. 
 rfiT! our anions, 
 
 W'E have hitherto treated of the obfcure birth o 
 Majefty. of the Naonall State of Famd.es whid 
 dependedononeanother in Patriarkfhip , anda i He 
 Slorirrefiftblefeures: Likewifc of a State o 
 voTun arv Compad, but where we now can haven, 
 Saineevidence', either of itinto Ongmal ^ orofth 
 Oricinal! Families belongui? to it , buttall lometime 
 under the Fenarv Poffemon ofonePoweror Fam.ly 
 
040 
 
 lent (and not Nature; hath brought into the fame 
 me: That the ftate of the People, is a fiateof Pri- 
 lege, Guardianfhip 3 and filiation, not of fervitude; 
 that all Government is. not Penally and that Prel 
 jption cannot runne againff tmth and Men , as it 
 >th againft len/ible and inanimate things : Laftly, 
 the fevcfall formes of Government, fhe wing how 
 »ydiipence the fame Jufticeto us , and differ rather 
 figure then forme ; that the Circumftance of the 
 irthlyMagiftrate (iegallor Illegal!; is no part of 
 : Definition of J uftiee , and therefore that our obey- 
 Ej fiich in Lawfuil things a is no affertion of their 
 
 In this Chapter I (hall fearch after that fort of Ju- 
 ce only , which is due to the People from any Magi- 
 ate , and Likewife to any Magiftrate , from the peo- 
 z: Sothatwhilft we are in our Stations, or rather 
 citations, the winde, like the ft eddy foot of the Com- 
 fle, mav be fixt in its right Center, whilft the Body, 
 <e the other foot maintaines an equal! perambulation 
 >outk, performing Varieties of Duties, with Mori- 
 is of affuranc e* . 
 
 getf. i . If tha t be only iuft , wh ic h muft be"ever y 
 i v mlt\lnui*xlff!b jultice would be eith ergiven 
 ( tak en, format being the greateft Virtuehath the 
 eatelt difficulties; efpecially if none but one fort of 
 tndmufthold thebalhnce; and the Center of a thing 
 ;ing afterwards fo hard to ftnde what wonder that in 
 e difpenfation of Juftice we fhould hold it to be the 
 toltperplext thing m the world to diftribute equally 
 ter plus & minus} 
 
 It is a good Maxim of Religion,/^ i>emm quodfrimum, 
 lat is true which derives from the beginning,becaufe it 
 juches upon God. This now is drawne into a Ground 
 f Policy to evidence the right which Princes pretend 
 ver their People by ancient Compact. But as the !?/> 
 'wdes of ©Id corrupted die belt parts of Religion, 
 roifoithathfard with Poiiticall Juftice , according 
 'i that tiiial^a^Qrv pf Ofiginalj Paft. For Princes 
 
 in 
 
in this cafe doe for the moftpare as the Egiptians o 
 old did j Who that they might appcare to be the firf 
 of men, feigne a Deduction of innumerable Yeares 
 incredible actions of their owne ; and as great incon 
 gruities of Nature , as thac the Sunne anciently rofe ii 
 the Weft, Sec. So thofe Princes wh o claim d highel 
 Allegiances, feignefl jjia t they were either beg ot ofth 
 Gods, or wereTent Dy them to undertake the Govern 
 *"meht, ^sVano iaith, Vtpopulishc modo utantur fecun 
 jlioribw'] That they. might frame the People to a mot 
 facill obedience. Kebo and Bel were two Affyriai 
 Gods; and therefore the Emperours of that Countrej 
 the better to fortifie their Authority, mixt the name* 
 as well as the Authorities of their Gods with their owne 
 Thus from Kebo we have Nebocbadna%ar • from %i 
 Qeljbazuir, &c. But thofe times are gone, wherein i 
 was eafie to feigne any L awes with obligation , whet 
 it was fb eafie to feigne any Deity with Admiration. 
 3* Juftice hath feverall Meafures and proportions 
 
 CVniverfati. 
 
 font is cither < LegaU , or 
 (Private. 
 
 Firft, Vnilferfall In/lice relates chiefly toGad. (the fol 
 Magistrate or the Univerie ) and to all mankin de : am 
 confifts in a ftecdome from finneT and in an Univerfal 
 Obedience to all Gods Lawes, as we ftand immedi- 
 ately under him by derivation , and collaterally or* 
 with another as fellow-Citizens all the World over. 
 
 Secondly, Teliticalllulhce confi fts i n tbe reciproca I f 
 ndsof mutuall humane righ ts paternalfand fiiiall dut/e 
 as we arc congregated into Common- wealths, and pub 
 lique Societies.. 
 
 Firft, As the natures of all in thofe precincts derivt 
 from the unity of one common parent, as inPatnark- 
 fhip, which is but the diffusion of the fame family. 
 
 Secondly, As thev, through the fhufflings of the world 
 derive their peribns fcparately, but their Wills unitec 
 
043> 
 i the Tatt of their feparate Originals at firft, in which 
 a& they as Minors, are by fi&ion and imitation of 
 Mature in paternaJl relation and guardianfhip. 
 Laftry, Where there is no naturall derivation of our 
 :rfbns, nor Civill derivation of our Wills from any 
 riginall Unity; but that we lye floting and open to 
 le controlements of that which to usieemes fortune 
 id that we become fixt in the acqiiicfccncc of our own 
 /ills (which is tacite content) under the plenary poflek 
 pn of thofe whom God fecretly andju/rly, though 
 petimes fevereJy fets over us, but yet who ought ftili 
 fven without Facl) to gorerne us Minors according 
 I the lame rules andpaternall duties in guardienfhip, 
 jhich any of the other fhould have done, if we had 
 enordeinedto be born under fuch. 
 jThat which might bcob je&ed here concerning Ke- 
 \cbadne%ars different right of commanding the Ifraelits 
 vho had forfeited their rights to God ) being anfwe- 
 d above, I comeclearely to divide this political! lu- 
 ce into two parts. 
 
 Firft, It is that Equity whereby a private man is 
 thtly ordered under thcPublique Magiftrate of his 
 rticular Country, and collaterally towards his fellow 
 tlzens of that Country by publique care and infpe&i- 
 
 Secondly, It is that equity whereby the Magistrate 
 ewile of that particular Country imploies his chiefeft 
 re according to his chiefeft Law for the fafety of thofe 
 low Citizens in that Country. 
 Thirdly, LEG ALL juftice is that whereby we main- 
 ne equality in private Contracts with other private 
 :n. 
 
 Fourthly, f^VATB juftice is nothing but Virtue in 
 ihternall habits, and relates to God and our ielves 
 ly, and not to another. 
 
 Although we infringe Juftice very much in all thefe 
 r S tations and Relations, and thereupon have day ly 
 ntefts either within our idves 3 or without with others 
 - none hath fuch ftd effe&s in. this WorId,as che violal 
 
 tion 
 
0-44) 
 
 tion of Politicall Iuftice. When this runs into a Wat 
 it diiordcrs all the other rel tions of Juftice, the Reli 
 gionof God in LIniverfall Juftice is fiifpended, Tem 
 pics ate hrcd, opportunities are given to revenge, andt< 
 deiolate a private neighbour, and to account for all tb 
 difpleaiures which were received from him in the ting) 
 of Peace, and of 1 egaMJuftice : Innocent Families ar 
 delolated. and private Vice or Injuftice hath no limits 
 The worn of ail this is, that many times ambitious o 
 angrv men forme iubtiltics and pretences, and aftei 
 wards the poore people (who underftand them not ) ar 
 taken out of their houies, as horles are out of Paflourj 
 to fight and maintaine them at the perils of one another 
 lives ; and iiich Wars not being of their Intereft, the 
 arefureto reape nothing but delegation by them. If the) 
 recover peace, that great blefling, (whereby they retud 
 to their Nature, and to the exercile of all thole parts c 
 Jultice againe ) yet if it end with a change of a Govern 
 ing Family, or of a Government, with whatfubtW 
 ties ftill doth A mbition and Revenge perplex their con 
 fciences, as if they couk do no juft things at all whq 
 they are plenarily polTeft by fuch powers, whereby rhe 
 are unwittingly forcd (as out of duty) to make thej 
 publique Commotions neceffary, perpetuall, and irnd 
 recoverd out of their great diftempers and practical* 
 errours, they think they do God good lervice inadtirj 
 that which will at laft oblige men neither to give ri] 
 take quarter all the world over. 
 
 5 . Here therefore we may fay, that though In jure , 
 regnum one may poflibly command totheprejudicej 
 another, yet the people obev not to the prejudice of i 
 excluded pcrfon, provided thev be commanded noth^ 
 out of the above- mentioned formes of Juftice. If 
 tfoliticall J u Rice be Ad alter mi, then they who are ftf 
 nifteriall tor the distribution oiX are fo too, andnc 
 for diemfelvcs : So that in the ejection of Governorsc 
 Governments the Peoples caie is moil favoai able,as the 
 ought to be conferv'd in a State to communicate juj 
 dungs and sftions one to another. For which reafon I 
 
(H5) 
 
 is that it hath been fo much argued, That their fafcty Is 
 a Law f iiperiour to chofe Laws which are made for the 
 Perions governing ; it being really true , that Vvpulus rion 
 moritur, the people cannot dye; and but a fiction of 
 Law, That Kings cannot dye,or rather of thofe Courts^ 
 where after they are really dead, they arc (for fbme 
 dayes ) ferv d with the iame Meats and Ceremonies, as 
 when they were alive. There is no Morall obligation 
 which lies upon any People to receive Poliricall juftiee 
 only in fuch a forme, or from fuch a Mortal! h >nd ; For 
 then both ought to be perpetual.an Jfcre ought to have a 
 perpetuall power to poiTefle both To our felves plena- 
 rily. 
 
 Gregory Ka%Un%en in his firft Oration againft lulian 
 the Emperour iaith, that he the eafilier to beguile the 
 fimple ChrifHans, did iniert the Images of the falfc 
 Gods into the pictures of the Emperour, to which the 
 Romans were wont to bo wi with a Ci vill kind of p eve- 
 rencc ; fo that no man cou 7 d do reyerenee to the F mpe- 
 rours picture, but withall he muft adore the Images of 
 the falle Gods : andhewhoworfhip'd not at all, was 
 punifhd as one who contemnd the Emperour in his 
 Image. Thus udially it is with our present Priftccs,who 
 expect that God and they fliould be alwaics reverene'd? 
 concomitantly ; whereas it vcre apparent Idolatry to 
 admit of another God, but is not (o if we be coulirein'd 
 (asinthofe24yearesconfuiions) to confbrme to other 
 Jrinccs, who areas Mortal! as their cifcumftantiated 
 Laws, whereas Gods Laws, as they are ekh~r Natu- 
 rallorMorail, are fixt like himfelfc, and therefore fit 
 for perpetuall Allegiance. 
 
 6, Beauty inabodvNatunllconfifhin the fymme- 
 try of parts; and in a Eody Politick, in thcaptcon- 
 gruity ofche Members of a State, when provifion is 
 made of good Laws, and of inferiour M.tg' (trades for 
 giving ercry man his own. The body of a Baltardmay 
 haveal aaturallfymmetry as well as a Legitimate child* 
 even fo that State which is not crown'd with a Prince of 
 Legall authority, may iahim have all its congruities fit 
 
 L tor 
 
(146) 
 for Subjects toliveunder. For, that a thing fhould be 
 Civily lawrull, it is to be noted, That it is not necefla- 
 ry thatitfliouldnlwaies have Purgaium principium, an 
 entry without fault. For Cutfome is a ] aw, and yet it 
 is aLegall Axioire, ft confuetudo inducatur, nee titulo 
 Xtec bona fide opus ejl y For the introduction and aurhority 
 of a Cutfome, it is not necciTary, that it fhould be ei- 
 ther by a good Title, or without deceipt, provided it be 
 rationail, and not againftthe Laws of Nature. 1 2. C. 
 gu<€ (itlon.cGn. And if this be fo for a J aw, which is 
 adaftemm, then djpi more may it hold for him who is 
 butfor the Diipenfation of that taw, the rules of Right 
 being alwaies above right perfons iiibiervienttothem, 
 and the equity of a thing due to another, more confide- 
 r able then the hand which is to reach it to him. 
 
 Having thus far examined that which is due to the 
 People from the Magistrate, I fhall now enquire after 
 that which the Magistrate (what ere he be ) may for this 
 Merit expect as a debt from the People. 
 
 7. I he rcalon wherefore War is not fobadasCon- 
 fuftoti, is, becaufe in war there is an C rder, and for the 
 molt part Private rights only fuffcr by it, whereas con- 
 fufion levdls all, both publique and private. There- 
 fore people owe not a little to the prelent Magistrate, 
 who keeps the parts of a State in their apt Congruities 
 and Relations, whereby men enjoy the fruits of their 
 own : abours, communicate with one anothers Virtues, 
 fleepccompoied (without anv Alarums Jintheirbeds ; 
 lb that none wouid dehre to djfturbe fiich a Sta e with 
 the certain deflations or war, but the Vicious and Am- 
 bitious, who alone know not what care is requisite for 
 procuring thefimplenecefiancsof lire. 
 , They therefore who enjoy iuch a protection, are in- 
 debted for a returne of Allegiance ; which is due upon 
 two Actions to the Magiftratc what ere he be, lv%\ Ath- 
 ene negctiorum gejlomm, t? de in rem terfo. 
 
 8. In this place we muft attentively obfervefwhat hath 
 not been ghne'e at by any in thefe Controverfies> that I 
 know oft') that there is an Obligation , yea Contra & 
 
 here, 
 
( 147) 
 here, which comes not by content in Compact , fed ex 
 foia rei contrecvatione , as the Ci vili i aw iaith , That is, 
 when a man of his owne accord takes upon him the ma- 
 nagement of another mans affaires , by medling in 
 them, loas he for whom it is done actually doth , or 
 probably may reap great commodity thereby. The 
 Common- wealth is faid to be as a Minor m Guardian- 
 ship ! but betwixt the Guardian and the Minor there is 
 a Contractor the administration of his GuardianShip 
 at his (the Minors ) charges, although he know not of 
 it. It is not al wayes neceffary that he for whom the bu- 
 SinetTe is undertaken Should reap effectuall commodity 
 thereby, it being Sufficient in ibme Caies (where there 
 is othcrwife imminent prejudice) that the bulTneiTe be 
 hcoun well , though it end not So ; as if a Phyhtian un- 
 dertake the cureof a fick childe, whole father is abfenf 
 from home, and he dye ; Notwithstanding the Phyiiti- 
 an hath his action Negotiorum gejlarum. L. fed an ukr*. 
 io. Sett. I. ff. dcob'.ex qua: con. So, he who volun- 
 tarily, and py his great pames, hath recovered other 
 mens Children from Slavery, from which they (the 
 Parents.; were bound by the Law of Nature to keep 
 and recover them , they are accordingly indebted to this 
 man. Itfoilowes then a fortiori, that they who Pro- 
 tect us and our Children in the Gommon-wcahh , as 
 Guardians . Phyiitiahs^lnd Redeemers in Perjfts,ought 
 in Equity to be rewarded with faire greater Privi- 
 leges. 
 
 Ob. Here I expect to mee t with this ob;e£t ; on, That 
 mens affaires are not thus to be imcrmedied with whe- 
 ther they will or no; cfpeeiaily when it belongvi firft 
 to another . ffcertodoek, and who is kept from do- 
 ing it by Violent , as in the, Cafe of ihofc Several! ex- 
 cluded Kutps above named. It is not Sufficient that diis 
 new Mag ftrare dorh juft things for us , if they be not 
 donejuStly, that is, without prejudice to a third per- 
 ic3n. Judges then judge .rightly, when they judge ex 
 rffito&bono conjunctively, not Separately ; for *w ant 
 of which ; all jufiice an J the whole Government is vi- 
 tiated, L 2 Anf. 
 
(i + 8) 
 
 Anf. To this I reply, that the Minors affaires are to 
 be taken care of by others , whether he will or no : and 
 in this cafe of the Peoples Proreclion it hath been pro- 
 ved, that there is no Naturall Supreme Magistrate to 
 appoint this Supreme Guardian, nor any Tribunal! 
 or Law to examine the rights of any iuch Power, unlefle 
 it be in th? antecedent Compact, or-pre'e ntacquieLence 
 or Pofleflion of the People, for whom this is done ; nay, 
 iomeximes though they would throuph pec viihncffe have 
 it otherwayes done , as hath been already proved ; For 
 which reafon , the Quarrell about the ju< ge of our 
 Controverfies willbeptrpetuall, unleile we will fub- 
 mittochat plenaiy polfefsion. The Apoftle %pm. 13. 
 faith, we ought to iubmit to the fuptcme Power*,, be- 
 caufe ic holds not the fword in vaine : where he fpeaks 
 of thoie only who doe a&qaily hold the fword , not of 
 thoie who have actually loft it, for then this were in 
 vaine. Ir this fort ofPofkisionbe no Argument, then 
 how will it indubitably appeare , that the prefent 
 Power commands to the prejudice of thethird Exclu- 
 ded pcr/bns right, which confuted only in PofTeksiom 
 backt with Prclcription , which is no Argument for a 
 Cafuifl, thotogh-it be for a Lawyer. Moreover in the 
 Revolutions of theie Kings Governments , it is not d i- . 
 fputed whether they commanded ex bono & ccquo con- 
 junctively, but whither thofc'of that Age might ex 
 *equo have obeyd them in bono, Tha; is have obeyd 
 them in the tood things which they Com sanded ! 
 which I af^rme, becau ic it hath becne proved , that the 
 Legality oftheir Authority was not aifeued in the Peo- 
 ples obedience to them. From all which the Conclufion 
 Natura'ly fill Is, That all Jufticeand Government can- 
 not be Vitiated with injuitice in the People, when they 
 lb obey Princes in their Usurpations. 
 
 Divines , wLio diftinguiOi be wixt Points rundamen- 
 tall, and not fundament 11, acknowledge, that every 
 errouror Corruption , even in a Church makes it not 
 CC3 ielo be a true Church , 1 yea though dierc be no one 
 Church of any Denomination infaliible in all its Pro- 
 
 po/ais ) 
 
(mp) 
 
 pofafis) nor every errouror finne makes a man ceafe 
 to be a true believer : Much lefle doth every inconveni- 
 ence or vitiated circumfiance which is not fimdamen- 
 tall in government , make it no Lawfull Government, I 
 orunfic for humane locietv . It hath been fhew'd, that 
 the Law of Cuftome, whereby we doe and receive Ju- 
 ftice, may be continued , though it began by fraud 
 and a vitiated entry; and then why might not the Peo- 
 ple ofthofe times as Lawfully have obey d thole Princes 
 who enter d by as fraudulent Ufurpation to looke after 
 that law? The difference is great betwixt a mans in- 
 termedling to improve a 'private bufinelTe . and im- 
 prove a Government: For though a man may looke 
 afternis private affaires well enough himfelfe, yet he 
 rauft neceflarily have other to looke after the quiet of 
 the State , in which he and all hehathisimbark't. 
 
 For the further iatisfa&ion of this Argument, (which 
 faith Juftice proves Injuftice, not only when it recede! 
 from the due point of Equity, but alio when that equi- ; 
 tyisnot Authoritatively difpenc't to others by fiich a 
 partiailar third man 3 though there be fiifftcient left be- 
 twixt the Parties for fatisfying the Meritum and 'Dcbi- 
 tum of both) 
 
 9. I cannot I fay but obferve, that they who ar- 
 gue thus, unwittingly inferre, That equity and Jultice 
 ou^ht formallyto be refblv'd into humane Authority 
 as into their dii e£t Principle , and that the truth and 
 Evidence of Divine and humane Rights, the duties of 
 Religion and J uftice, and all that which relates to God 
 and C*/ir,are both to be immediately learnt by, and 
 pra&iz'd under fome tranfient Authority here,and fb,as 
 the Precepts of neither ought to be obey'd for them- 
 selves, but for their fakes folely who immediately not 
 originally aflert and command them; although Autho- 
 rity derive ab autborc. 
 
 Contrary to this others affirm^hat the Nature of Reli- 
 gion and Juftice,is fuch,that they ramer evidence them- 
 ielves by Virtue of the firft Impreflions which were 
 t?f bothinthemindesof thefirit men 3 by the Ongi- 
 L 3 nail 
 
C '50) 
 nail authority of him who was the Author of all things 
 in Narure : and that as the Icecies of Paflions, io the 
 it ties of Virtues, and Powers of* Truth and Good- 
 r.cfie derive from Iv.s making themiuch, io that they 
 now are (bed from one into another, rather by Tradu- 
 ction, then Tradition , and may be knowneandpra- 
 ctoxlwithoiir delegated Authority immediately conti- 
 nued upon us for that end. 
 
 There are but three way es for evidencing Relsio ; : 
 andjtiftice, 
 
 Vuhiique. 1 
 
 TheHrRis^ 2 - c °™™n. 
 . Private. 
 
 s 
 
 lo. In convincing others , the firft ( as Larse(t) pre- 
 judges horn the other two, and the iecond from the 
 laft. 
 
 i T . The fTrit is of true Publique Authority : The fe- 
 cond is of i^rf/W as it lies Common betwixt ail men, 
 either considered Logically for the Power of ourunder- 
 iiandings, whereby we can free a thing from Contra- 
 diction, left we take mad pro quo; in which accepta- 
 tion our Miniil;rs preach by Doctrine, reafonzndufe: 
 * r elfeReafon is confidered Morally, as" it relates to 
 Prudentiall habits, aud Chiefly to the Virtue of Juliice. 
 The Third is of Private Spirit and Revelation , K> 
 which no more but that Private man, in whom it is. 
 can iubmit, becauieofits Privatencfie. 
 
 in true Authority men mud not bebelicv'd and obevd 
 for their reafons, bnt for their Votes. Thus then we 
 know God hath faid this or that, we conclude without 
 any further examinarion, that is true. 
 
 In Reafon men fpeake as Dociors,not as Judges and 
 arc not to be Credited foranlpfe dixit, or a vote. 
 
 The Spirit hath the greatest proofe for it felfe within, 
 but hath the lead Evidence for it felfe without ; and | 
 therefore it cannot be ofter'd either as the Sentence of a. 
 Judge, or as the Reafon of a Do&our; becaufe no [ 
 
 body 
 
050 
 
 body can know it, but he who hath the fecret Cogna- 
 tion of it, unlefle it be accompanied with Miracles 
 which ma'y beieen. 2 %V. 17. Be "tvho is regenerated 
 bath for bis marks orlitynftw a Tbbite ftone , in Kbicb a 
 neV> name is Written , Tbbicb no man kpdtoes but be Mo baib- 
 .yeceiVdit. The gift of this Spirit is an acre ofirivilege 
 diipenc't by the grace of our Supreme Governour, and 
 isnottobeargnedagainft for being only of private ad- 
 vantage to one man. 
 
 12. Somepcrhaps will * s *e Whether there may not 
 be a Compo/ition of the two fiift , U^. of Authority 
 and Reafon, fo as to lay there may be a reafonablc ilu- 
 
 TanfwerNo, becaufe the ground of the firft is pc- 
 remptorinesof Will, andthe ground of the other is die 
 Intellect and Infinuation of Perfwafion , lo that 
 in their refnlts they ■ neceffarilv exclude one the other. 
 For in makin- all perfwaders , and thereby ctyiall 
 Judges of Reafon, authority is preJentlv dethroned ; 
 and on the other fide in admitting A uthonty, there miift 
 be no difpute. In the one there is freedome , m the ci- 
 ther neceffity in theone mv Obedience is conditional, 
 if you can fhew me why and wherefore , In the or her 
 it is abfolute and without niceneffe. In fine, thcGnebe- 
 * ginning at Reafon-. keepsa Schoole with Philofophers 
 andDoaorstoreadeLeaurestous, ondtobefeccn us, 
 and then Leaves us to determine, by our owne private 
 authorities: The other beginning at fence, keeps a 
 Court Marmall with Sergeants, Souldiers , hacljcts 
 arid Gibbets to aa us to our Duties by rmblique aiftho- 
 
 !t I would faine marry thefe two in a Gate but that j 
 know Divorce will immediately follow the Vow ^ 
 perpetuall Cohabitation : and therefore though we m a 
 Reafon amon- our f elves , till we come to the wo r J 
 point of Authority , yet arriving there , wc : I hoa.d fo ^ 
 fct ourjbeft Reafons , if we would rot be filent , an 
 flop at that point, beyond which there is no appeale 
 argument or Morion al!owed ; ^ • 
 
(ISO 
 
 That Religion and Jufticc came firft into the world 
 by A uthority no man doubts, but how both ought to 
 be continued is the Queftiog For if nothing be Religi- 
 ous or j ;j{i, bat under perfbns qualified with the due 
 authority of Church and State, then into what Laby- 
 rinths are we pkwg d, and how little can we do with 
 faith, or without fin, we not being iureoflawfull Au- 
 thority ? Whereis by the a 1 o wance of our Reaions we 
 may better know, whether our Magistrates command 
 us right things, then that they command them aright: 
 
 The Church of fyme defines the Laws of heaven, 
 and all truths, as they are received from the authority 
 of the Tope. 
 
 King Charles dliputcd to His death, That if he took 
 away the Authority of Bifncps, he lefc the Kingdom 
 deftitute of any right to heare the Word, and to receive 
 the Sacraments. 
 
 The Presbytery of Scotland fay as much for their Au- 
 thority to continue the VVcrd and Sacraments in the 
 Church, and go farther in Temporall rights. 
 
 Inn Civill State they fay ail J uftice ceafes in dreab- 
 fence of the right and lineall Magiftrate ; although in- 
 deed the Powers which pofTcfTeus, can only expkine, 
 and rccommend,cot authorize what God alone was the 
 Author of. 
 
 • 14. It were dc/irable that we had fuch in authority 
 as are here pretended, and that they were like Balaam, 
 Without power to iay other wife then God laid, which 
 none now but one Church-man prerends to. But if wc 
 will at all hazzatds thus rcfi^neal! to fome immediate 
 authority now in the world, I would then know what 
 authority we have for our Religions, more then for Ju- 
 ftice? Or what prcofe have we that the Laws of hea- 
 ven are truer ( though better ) then the Laws of this 
 world? Seeing the congruouihefs which they have with 
 the goodneis of a Deity, infers no ncceility of their 
 Aetuall being iuch,«and every book which is good, is" 
 not rhcrefbre of divine Revelation. For God made his 
 taws freely, and might have made rjiem different from 
 
 what 
 
(i53) 
 
 vvhat they are, ifhehadfopleafed. Nay, upon this 
 
 ground what Principle have we of this age, to make 
 
 us Chriftians, different from what makes one ofthis age 
 
 as well a Turke? If you will fay the f \ 
 
 Authority of our Officers, thars areL^ Trad,tl0n '3 
 
 as peremptory, and differ among themfclves lelTe then 
 
 ours : If evidence of greater Tradition, thatisnotan 
 
 immediate witneising to a truth, but a witnefsing to 
 
 anothers wimefs«ng ; and after z li fome err ours pretend 
 
 to longer (tending then our truths, and methinks it is 
 
 not fitting 2hat we give that to time, which is only due 
 
 to truth. Cur Mediums of pioofe ought to be different 
 
 from theirs, if we would have a difference intheCon- 
 
 clu ion • otherwife the choice is dubious, though the 
 
 mi/fake be damnable. s 
 
 15. Ob. Thedifatisfaaion in Tradition, Authority 
 Miracles, and the Spirit, hath bc-ot a Grange Queffil 
 on concerning a Naturall Religion more Catholique 
 and Univerfal than any other, *^. Whether Religion 
 be apart ofluftue ? Which Juflce not depending imme- 
 
 11 on r Auxhon }V> R*H l °* they ia V doth much lefs, 
 and therefore rcafcn may make it out, as it is a holy 
 Virtue. J 
 
 *Forfurther lengthening this Objection, Whether 
 the native and pureft principles of tuftice may be the 
 belt principles of Religon ? I cannot omit a fa- 
 mous deputation to this purpofe folemnly made be- 
 tween Cardinal! feron and Tilenus who was Minifter at 
 Pans. Tilenus maintain d the Scripture to be of divine 
 KcveIation,and that it had aCharaaer which evidmed 
 and accompanied it proper only to the Spirit of God. 
 i neCardina 1 was to prove that it could be known on- 
 ly by the Authority of the Church, and Tradition as 
 ncceflary & equivalent to it,but before he began his di£ 
 putation ( as preliminary to it)he offered Tilenus eight 
 sentences, and defired him to declare whether they 
 
 ^ e ^ CPtS ^ SC c ip ^ re , orno? Whereupon Tilenus 
 ihcyN dthcmzllm St Mather and inriieEpiftletothe - 
 ^rmtmm. The Cardinall then called for fhtmb 
 
 and 
 
* n dSeneca and flkwd them all in both thefehumanc 
 Author as pteceps ftreaming from nauvejufticc and 
 Vkm- andnotfromdivinc Revelat.on. The Prote- 
 K'that vvere in the Chamber were not a little per- 
 fc at this but Tilems ( though a httle (urpnz d 
 
 Snopon^etruthreceivedftrength by «*«. And 
 rfJ>reafd a Srmightnotbethebe tt pr.nciplesof 
 
 tvety Country by the fame habits, ana witn< ^ 
 
 i 
 
zcale, as if it were every where of equall truth, Jews 
 havingidyedascheer^eiully for Moloch, as we do- now 
 forChrifl. 
 
 16.I belee ve it hath hardly been ieen in hiftory, that 
 a People much given to Juftice, were irreligious ; and 
 therefore at the day or Judgement they (hall rile with 
 their Virtues of Juftice, to judge the others who had 
 Revelations. But it hath been oft ieen that a People, 
 when in the greateft evidence and exercife of Religion, 
 were moft vicious. I (haf only inftance in Gods own 
 People; who when they were in the Wilderneis, be- 
 twixt the amies ©f God, eating and drinking miracles, 
 yet were more propenlly vicious, then ever they were 
 in Cities, and through extraordinary hardneis ©f their 
 hearts, Mofes was faine to give them sreateft di/penfa- 
 tions.When they werefbrm'd into a Kingdomfe at that 
 ti me that God bui lt his Temple by Solomon,' t'hey were 
 then the viciouceft" that ev£f they were unfter Monarchy. 
 17. I hope Ifhall not be miftaken here,for I (peak 
 of Nations in grofle, beieeving that when people were 
 to generally vicious in States, then there were private 
 peribns of greateft exemplary Virtues and Piety. For 
 N attire, helps us io far, that Vice upon triall not fatisfy- 
 in$the height of our deft res, we eafilieft fall into the 
 other extremity of deteftin^ it. Thus the Ejfens and ?\e- 
 cabites took upon them ale verity and fimplkitv of life, 
 amidft the pomr)e, ioftnels, and luxury of the f ews 3 the 
 retired <£racbmans among the delights of Perjia t even in 
 tyarius his time; the Tjtbagorians and Cymcks during 
 JP bilips an d Alexanders riotous times in Greece ; the Sto- 
 icl{s lnthehigheftfenluaftiesof the Romans, rndrow 
 it is commonly noted of the Cartbv.fians (who ipeak to- 
 gether but one houre each Thuriday in the week, and 
 never eate Flefh ) that they prove the fine'reft Votaries 
 among them, who were molt lenlually extravagant, be- 
 fore they entred the Crder. 
 
 •i8w Oljeft. Butto bring Juftice and Religion intoa 
 tiearer Affinity , they argue, that all Juftice is ad alte- 
 ram , and the religious part of this V irtue is /in ren- 
 
 dring 
 
('SO 
 
 dringwhatis due to God; They affirm? all Sacra- 
 ments to rcfblve themfelves ultimately into Virtues, 
 as into detection of our ill lives part . and resolution 
 to live better for the future. <Da\>id TfaL 15. asks who 
 fhall enter into Gods Temple, ana dwell in the holy 
 h:ll?butanfwers, thofe only who bring expreflfe vir- 
 tues wrh them. Saint ?<m/ ipeaking of thofc Gentiles, 
 who were caft away of old , intimates that they fall 
 had a diffident declaration and Evidence of Gods will 
 for hisworQiip and glory, %om t 1. 18. He faith the 
 wrath or punifhment of God , was of old reveald 
 from Heaven, againR allungodlineffe, therefore they 
 had the Revelation alfo of the Lawcs'of GodlinefTe : 
 They had enough to giorifie him as God 3 yet were not 
 thankfull , nor had any feare of him. If we aske 
 what was that Natural! thankfulneffe , and how a 
 man is a Law to himfelfe ; They anfwer that they 
 know they owe God Hoirnge, recognition, and thank- 
 fullnefle as he is fupreme Lord , on whom all depend. 
 They can naturally love him, for his goodneffe ; fear 
 him, and hope in nim for his Omnipotency ; They can 
 honour him, as they finde others doe, becaufe honour 
 is confinde to, and defind by, the Opinions* of the 
 places in which we are : They can pray, praiiea'nd 
 Confeffe to him inf >crif?ces. 
 
 19. Anf. Butfor Antwerto all this , what can they 
 fmdc either in themfelves or in Nature, which can ex- 
 piate their finnes here ? For nothing can fatisfte or efface 
 demerit , but merit or Pardon ; The paines which they 
 voluntarily undergo? cannot doe either. For that which 
 mutt deftroy or take away another thin^, muft be con* 
 trary to it , whereas a fault and chaftifement may agree 
 w-eli 9 and not deftrov one another, yea they may per- 
 fect one the other. If they will fay that they cannot 
 indeed fatisfrc the rigour of Gods Juftice, but may ea- 
 filyfatisfte the clemency of his will, then they confefte 
 their religion is not ( according as they argued) Upart 
 of Juftice; and for the arbitrarineffe of his Will, no- 
 thi u» in Nature can difcoycr-it, and therefore much leffef 
 fatisfieit. Ofytf 
 
f*57) 
 
 26. Objeft. What then /Ball we pofitively fixe to our 
 ifclves in matters of Religion ? We will not goc to En- 
 dor for Anfwer ; Yet few hearc Reafon, fewer heare 
 the whimperings of the fpirit, and none heare the Voice 
 of God, for heis departed, and rarely anfwers either 
 by Prophets or dreames, i Sam. 28. 15. 
 
 Anf. I anfwer , that not having a continuation of 
 fufficicnt Authority , as Authority fignifies fufrcienc 
 Magiftracy, for our beliefe ( without hazard of miftakc 
 in what itpropofes ) for our believing that which we 
 cannot difcover in our felves, it remaines then, that irt 
 matters of faith we caft that great worke on the O pera- 
 tion of Gods fpirit, which li ke the winde moves which 
 way itlifteth. If they who have neither indubitable 
 Tradition, nor indubitable Miracles, nor indubitable 
 Authority, nor this indubitable obfignation from hea- 
 ven, reft unfatisfyed.I wonder not at it; becauie I lee 
 they cannot find fatisfaclion any where elfe^ though they 
 ought iiili to act according to the virtues of their na- 
 tures, w r hich we findewill ferve at leaft to condemne 
 others, whomifieof ialvation under the certainty of 
 Revelations, as thofe cf Tyre and Sydon fhail judee. 
 
 21. AsfbrCivill Jufticc, would it were difpenc't 
 by xhe*. Authority here contended for ; it would then 
 fa ve us the paincs of many cloudy and uncertain reaib-« 
 pings j which by the prolixity of dilutes , mike u$ 
 lofe many advantageous opportunity of k bedience: 
 But 6ecaufewe cannot have it, as we defire, it remaines 
 that we take it, as we can have it U%. In plenary Pof- 
 fefsion, mod men being able ro difcover in themfelves 
 the equity of their owne actions , as die Pofleflour 
 doth the Conveniency of them. Though we cannot 
 make a mixture of Reafon and authority . yet we ma y 
 make a mixture of rea/bn and < bedience: Forourrea-^ 
 fbns andanothers authority relate to fep.1r.1ted peribns* 
 butourrealons and our owne (bedience relate to the 
 ia»*» p« ferns, fb thac it is bat reafonab.e, jull , ar d Ne- 
 ceffary , that we obey thofe, who in good and Conve- 
 nient things , command and Plenarily pofTefTe us. 
 
 Here 
 
Here therefore after fo many Arguments of" Scrip- 
 ture and Reaion , I fhall conclude all with that me- | 
 morable advice of Saint Aujtin, after he had confidered 
 thetranflationsof the toure great Imperiall Scats from 
 one quarter of the world to another •, the confuhons 
 which Goths, Buns, and Randalls had brought upon Ita- 
 ly, Greece , and Ajfiicl^, the di (orders and Ufurpations 
 of the Romane Empire in it ielfe , the Changes of Go- 
 vernment which the Romans made in other conquered 
 Countries , and the putting to death fo many Royall 
 families of fever ill Kmgdomcs , after they had fcrv'd as 
 Ludibria fortuna to adorne their Triumphs at Rome; 
 the good Father ( I fay ) could not I eave that fad Me* 
 ditation, without bequeathing this important advice as 
 a Legacy for all the World which fhould come after 
 him, Quantum ergo pertinet ad bancVitammortaUum, qua 
 paucis diebus ducitur t^pnitur y cjuid interejlfub cujus wi- 
 pe* no Vi\>at bomomoritiLYtvs , ft tili quivmperant adimpia<sf 
 jniquanon cogant} ISLam quid inperfit ad incolumitatem y 
 honof$ mores , O 3 >fl as bomiman dignitatis t quod alii !>/- 1 
 cerunt 3 alii Yi'cii funt .omniho non Video , prater illuml 
 gloria bumana inanijjimum faftum , in quo tlli per ceper tint 
 Titer cedent fuam , qui ejus ingenti tupiditafe ardent. That 
 is; For fo much therefore as coftcernes chis anxious lire 
 of ours , which is begun and ended in very few dayes, , 
 what matters it under whole government we, who are 
 thus hourely expiring, Live, if they, (who ere they be 
 that rule over us ) command us not Impious things/ 
 For I cannot any waves perceive whit advantage it is, 
 cither to our fatety, to inrcrity of Life and manner*,, 
 and to the reall dignities of men, that fome are Con- I 
 qucrours, others are conquered , unlcfle it be , that' 
 there is no footing left for our vainc afpirings , after, 
 which whoever arepetulantlv carned.thcy have already 
 ' received ail their reward in this life. Aug. Ci)\ 'Dei. /.d 
 tap 17. He who cannot fee a fimiliuide betwixt this 
 holy advice , an* \ the confus d timeout of which Jkjim 1 
 deduced it , and thofe confis'd Governments fet downc 
 at the beginning of this bcokc^ with the Conclufion 
 
 thence 
 
thence inferr'd, Vi%. That all Goyernours y»ho plenarily 
 Hjfeffc Kations, may be obey d in Loto full things, Idefirc 
 tic would not take fcandall at my Pity of him, That af- 
 ter the dethroning of his Reafon , he fhould hold him- 
 fclfe obligd to obey Pafiion , when it foplenarilypof- 
 fefleshim, and yet not allow Nations plenarily Po£ 
 eft by Civill Powers, to obey them even in reasonable 
 mdLaw&ll things. 
 
 The 
 
The third Pare I 
 
 Wherein it is examined .• 
 
 The nature of Warre be inconfiftentj 
 with the nature of the Chriftian 
 Religion Z 
 
 OR, 
 
 Whether fome War may not now be 
 lawfull in the State of the Gofpel i 
 
 Chap. I. 
 
 £ I. the deft rip lion of JVarre. 
 
 2. Bellum quure dicitiir a beliuis. 
 
 2. V/bat it is to be UHJhfi } or unlawfull. 
 
 4. Society twofold. 
 
 £^ftilft all the Chriftian world is imbroyl'd 
 /| Warre, and that die very ftate of mankindj 
 is nothing eife but Status belli; yet not a few 
 perhaps of the heft Chriftians finde theii 
 Conferences check't, as if they had an Interdict frorr 
 Heaven reftraimng them (even in the extreme!* nece£ 
 fiaes ) from defending their Pcrlons ani temporaf] I 
 Rights by the effiiiion of humane bloud, They conceive 
 
0*0 
 
 iiich an exadlnelTe of Chriftian patience and charity is 
 now required of us in regard of thoie excellent pro- 
 mifesof raigning with Chrift in Heaven, that all lore 
 of Warre rights now againft him and his Religion; 
 This made an eminent Statci-man pleading for role- 
 radon of Religion in France,fay, ^uHlValoit mieux aVoir 
 mepaix on il y aVoicnt deux religions , qtC tine guerre ou it n' 
 y en aVoit point; That it was better to have a Peace with 
 two Religions, then a Warre with none at all. 
 
 Theie Chriftians of whom we now fpeak afTure them- 
 ielvcs , That if they wallow in one anothers bloud 
 here , they cannot afterwards tumb le tog ether in jbra* 
 hams bofome ; their heavenly Shepheard drives them 
 through a narrow way ful 1 of thornes and briars, Co that 
 they expect neceflariJy to lofe locks of Wool in their 
 eftates, and to feelepricksin theirperfbns. Bat in the 
 midft of all this they take uncxpreffable comfort in 
 Chrift, knowing well that they who touch them now 
 in this new Creation, touch a new forbidden frmt, even 
 the apples of Gods eves. 
 
 But we arc borne to two Worlds, and are made of 
 matter proportionable to both, and therefore cannot 
 but naturally havcibme kindeof affection for both ; Yec 
 fuch^ that leeing two iupreme collatcrali powers can- 
 riotffand together oppoiitely, our arTec-Von to the rTrft 
 and worli obligeus not to any thing which might tra- 
 verse our happinefle in the other : And feeing withouC 
 our will or knowledge we are ( and all they who come 
 after us are likely to be ) borne into a wor'd of naileries-, 
 the greater! of which is pcrpetuall Warre, I frr, 11 there- 
 fore eiteeme it worthy my re-fear-h to ice Whether Wat 
 be one condition exclufive of Salvation f 
 
 I. In the firft place I aske What is Warre * Too ma- 
 ny can anfwer loud enough to this Queftion , by its mi- 
 feriesandfaderTttfls: But I finde XbttiBelhrn duitur a 
 belluis. from Beafts. 
 
 ■_'■■$. In the firft peopling of the world , a for tlie dc&ige., 
 
 menfiVa icatter'd up and downc, and moil in woods : 
 
 and Ambition not haying place in a time of iuch (impli- 
 
 M city, 
 
(162) 
 
 city, they liv'd in a Community free from all Alarms^ 
 fa ve of die beafts of the field : Wherefore their Warre 
 then was totally againft them ; and hence we fee the 
 heads of Lyons, Bears, Bores, &c. for the ancient marks 
 of our ancestors honors: And v\ hen men came to be more \ 
 civill by living nearer together in Cities | for Civility i 
 is deriv d a c iYitate) they ltill kept thoie Armes , whien 
 now we hold derived from them. 
 
 Warre therefore was firft againft Beafts , and after- 
 wards againft thofe who were like Beafts ; in bringing 
 the fame efr'e£ts ofmifery on us which Beafts did. in 
 deftroying our fubfiftence , in devouring us and our 
 children , in chafing us from our habitations, in keeping 
 us in perpetual frights, and in taking the fweat of our 
 browesfrom us. They therefore who knew God and 
 nature permitted them to deftroy deftroying Beafts, 
 thoughtthevhada larger CommifFon to deftroy iuch 
 kind of men; who thounh they were of their owne 
 kinde, yet they were worferhen Beafts, and did ihat 
 harme which the Beaft of the field knew not how 10 
 doe: So tint the Proverb of this malicious vermin is 
 not impertinent., Homo bemini ( ncn Lufitt fed) $)*- 
 mon. 
 
 h. But to fpeak nearer to the definition of Warre, 
 It is not lus datum fceieri ; $ut a pubiique profecution o lu- 
 ftice by force , elvn to the ejfufion of Immane blond. The 
 better to tin dcrftand it, we are to conceive, that there 
 where a Court of Juftice ends, and is not able to put 
 us in poflefsion of our rights by its paper-power, 
 there the law of Warre begins, and makes everv Soul- 
 dier a Sergeant : andheiceiriscongruoufly faid, that 
 Inter anna necejfario filent leges : For in naturall reafon, 
 what ca n be oppoied to force bur force > Yet J uftice and 
 Equity may be confiftent with force : Hence the *tbe- 
 nians acknowledged Mars the Founder of "their famous 
 Senate, end from him call 'd r.Areopagtvs. 
 
 4. What is it to be unjoft or unlawful ? Thatjs pro- 
 perly unjuft, which hath a repugnancy, a dif conveni- 
 ence, orinconfiftency witiitbc nature of humane So* 
 
 ciety 
 
ciecy and Communion ; as for a man to take violently 
 irom another to enrich himfelre. 
 
 5 . But Society is twofold. Firft, Eqnall, where both 
 are in cquall partnership ofgaine and loiTe,and as is be- 
 twixt Brothers, Friends, Citizens, &c. Secondly, Vn- 
 equall, as betwixt a Father and his Children, Matters 
 and Servants, Magi ftrates and People, God and mans 
 Betwixt whom there is Something mutually due upon 
 mppoiition of, and the i atitudcof the relation to , So- 
 ciety. The ule of this diftinetion wili appeare in tht 
 following ducourfes. 
 
 Chap. II. 
 
 Whether all Warre be unlawful! in order to 
 the Lawes of nature ? 
 
 $. j . Vfon what matters lawfull Wa re is grounded. 
 2. Wpat things are equivalent to lift. " 
 ^^JXhree conditions fr&requifne to a jufr Warn. 
 
 4. How Innocents may be innocently flaine. 
 
 5 . Wierein Gods Dominion over us conftfls. 
 
 6. Concerning Gods deftroyinc of Innocents. 
 
 7. Co scenting Abrahams TVarres. 
 
 8. All cafes of Wuru not written with the IfraeiitesM/- 
 litia. 
 
 T"*He Anfwer to the Queftion of this Chapter is NTepa- 
 • * tive : Becaufc nature recommends us to an internall 
 honefty and equity; as alio to our ownc prefer vat ion, 
 andtheacquifition of thofe things without whicli we 
 cannot be preierved ; Provided they be not unj'uftly 
 taken away from the due preservation of others. 
 1 . I fay in prole cation of that without which we can- 
 M 2 not 
 
C 164 ) 
 
 not be preserved. For as Warre introduces the greateft 
 of evils, lJi^vthe taking away of mens lives, and that 
 which is equivalent to life : fo tight reafon and equity 
 tells us , that it ought not to be undertaken without the 
 greateft caule, which is the keeping of our lives, and 
 th.n without which our lives cannot be kept, or if they 
 could be kept , yet they would not be of any value to us, 
 feeing there may be a life worfe then death. Wherefore 
 as we are forbid to goe to law for a little occafion, f b we 
 are not to goe to V Var bin for the greateft. 
 
 2. But \rbat are tbofe things ^bicb are equivalent to a 
 mam life i T hole things maybe beft collected out of the 
 cafes wherein God himfelfe (in the Law he rave the 
 Jfntelites ) pronounc't fen- ence of death ; They are ma- 
 ny and different, and I fhill only point at a few of 
 them, Gods indifputabl J uftice therefore inflicled the 
 lame punishment on breakers into houfes, breakers of 
 marriage fidelity, publifhersof a fa! fe Religion, and 
 on thofe who rage in imnaturall lufts , together with ma- 
 ny others : I fay he inflicted the frme Capitall punifh- 
 menton them which he did on murthercrs/i here fore tbey 
 are cafes equivalent to a mans life. 
 
 3 . I fa y morec ver,That it m 11ft be fo that for our own 
 prefervation we take hot unjuftly from the due preser- 
 vation of others. That we might lawf illv invaoe mens 
 perlbns or goods by VVarte, one of thefe three con- 
 ditions is requisite. I. Neceffry, according to the tncite 
 contract in the fir ft dividing of poods, as is fhew'd in 
 the firft part. 2. A debt. 3. A mans ill merit ; as when he 
 doth <?rcat wrong ; or takes pare with thole who doe it, 
 as the reft of the ]Benjamites did with thofe who fbrc't 
 the Concubine. Many things may be absolutely necef- 
 fary for our f ubfiftence , which vet wc may not take 
 from the right of others, e/pecially if t'icy beinthelike 
 calamitv : for then the ru'e holds, that In pari jure potior 
 eft conditio pofsidenkit. Th 'S no Admiralty judges it 
 theft, ifadiftrefledfhip forcibly takes water from an- 
 other , which hath more then in humane probability will 
 iervcitto another watering. If one would affliS my 
 
 perfbn, 
 
5 ) 
 
 perfbn, Nature fhewes me the way how I may defend 
 my ie.'fe, and reaion lets the meafure. God and natural! 
 equity required eye for eye and tooth for tooth, but no 
 more: beemfe ail paine above, was but latisfaction 
 in opinion, and confer d no reall advantage to the firft 
 fufferer : Wherefore God might juftty lay Revenge was 
 his , and he would repay it. When a lire muft be loft Fj- 
 Vorabiliorefi mibipojjcpio (? preferVatio aninue meg quoin 
 alien*, 
 
 Objetf. It is objected , That in naturall reafbn and 
 equity, the punifhment ought to be no greater then the 
 offence, nor the payment greater then the debt; Iifdem 
 7nodu in delicti partem quis^enit, quo in damni dati; For 
 one houfe pillaged,or a few catteJl driven away,a whole 
 K income is not to be laid deiert. Though ;n Civil! 
 taufes Children ought to pay theirParents reail obliga- 
 tions , yet in Criminall cauies they ought not to be 
 charged with their perfonall engagements; To cut off a 
 few nocent,we arenottocutoffinultitudes of Innocents, 
 fuch as are woemen and Children (as in (ieges and other 
 depopulations ) of whom the one is to be fpared for lex, 
 the other for want of age. 
 sJtfector adefi fectana; (Deosinprrfliaducit, 
 
 Qua% ruit mors eft,tantum trabit ille timoris* 
 But what is there to be feared from them who know 
 not what Armes are? Gods juftice would not that in 
 So dome the juft mould perifh with the unjuft ; northofe 
 in Ninety who knew not their right hand from their 
 left. A woman with-child condemned to dye , fuffers 
 not ti'l fhe be brought to bed: Arnres come actually 
 rciol v'd , yea oblig'd, to cut offeach the other ; but the 
 fame is not to be apprehended in women and children, 
 though thev be never fb great a multitude together. 
 V Varre is alwaves a Phyfick too ftrong, which entring 
 the body with a force greater then the infirmity 3 muft 
 need|ingeafethediftcmrer, and like thunder purginr 
 the bad qualities, corrupt the good. Therefore by all 
 this its evident, that V Varre is againft equity ana na- 
 ture. 
 
 M 3 H* 
 
(166) 
 
 Aiif. To all this I anfwer, That Innocents are not di- 
 irdl ydeiigncd to punishment, nor to pay that which 
 thev do not owe. But if the cafe befuch. that they who 
 are innocent muft pen fh, orliveaiife woric then death 
 by the cruelty ofan Enemy, then to protect their inno- 
 cency, all may" be done by thofe innocents tha'extreme 
 ncceliky per nits ; and if their gu ilty Enemy obstinately 
 refiling to do right in fuch a cak,invofve innocents like- 
 wife en his fide, and in his dangers, then that guilty 
 Enemy is to anfwer for the efte6ts of his own acts. And 
 certaine it is, that the riqht whereby a man may de- 
 fend his life by killing him who would take it from 
 him, is not alwa:es because theinvadouris faultv, but- 
 by reaion of that right which Nature hath given every 
 man in preserving himfelfe ; as is larelier proved in the 
 fi i ft part, and by the fecond, cap. 2 . They therefore who* 
 thus innocently takeuparmes, are as little guiltv of their 
 evill effects, as he is of the ill fmell, wnichfbllowes 
 his cleanfing a chanel. VVc know that a Chirurgion in 
 drefsing a wound, purs a man oft to greater painc, then 
 the afiafsinate did who gave it : yea, we know no evill 
 which can be cur'd, but by another ; and thus it is that 
 byperillweefcipeperill. That Query which feryesjo 
 guide us in other cafes, will icrve as well in this, V/%. 
 ilm can/am demerit i And if they who occahon fo ma- 
 ny evil 's would prcfent themfel ves to Justice, then thole- 
 would beall avoided: But there are few Jonas s now 
 ada:es and too many 'Bevjamites, who chufeto fee all 
 ruin ci with themfelves, rather then give up dioie to Ju- 
 fiice who are guilty. 
 
 $"♦ As for God s Juftice in War, or other punish- 
 ments of his Enemies, I anfwer, That though he have 
 more ri^hr by a thoufand times to V ill us* dien we have 
 to Jd'l dunghi.'l Flies, in refpe6t of his abfolute domini- 
 on, ver he never doth the lesftadfc of injustice. True it 
 is, thar he made us out of his own matter, andafcjji^ 
 own cofl and pames ; Js atttem qui non folam ope ram pra- 
 jlitit, fed & partem foiummUo materi* deditjpeciei domi- 
 ms eft ; fo that being of Gods intire Specification we can 
 
 claime 
 
claimc no right at all in our felves ; and having no righs 
 he can do us no wrong. NotwithJftanding by hi? free 
 goodnc/s he hath inverted us in fome right, both by Pro- 
 mise, Oath, and Covenant, by whichitisjmpoflibic, 
 as Saint !?W faith, that he fhould play falfe with us ; fo 
 that though he may fecm to treat us unjuftly here, yet he 
 can and will recompence it happilier to us in an other 
 world, whereas dunghill Flics oy his holy will arc not 
 capable of another life: But thequeftion is, Whether 
 God before the Left? of the Gofpcll did not the fame thing 
 Ttohich is here ob jetted as unpift ? 
 
 6. It is evident that Gcd fpared not the very Infants 
 of the ftubborne Nations ; and though he faid he would 
 not punifh thofe who were innocent in Sodom together 
 with the nocent yet he flew the children; and frill pu- 
 nifties the parents in their children, to the third and fourth 
 generation: Yea, 2)aMd pronounces a blcflmg on them 
 who fhall take the youn? children of tBabylonf and dafh 
 their braines againft the ftones. Wherefore out ofthat 
 which God de fatto hath done, we may fafely conclude^ 
 That though God had flaine thofe in Kinelie who knew 
 not the right hand from the left, yet he would not have 
 been un juft for that. 
 
 -'T% r l* S*tt*7» Abraham received no cxprefle Com- 
 mand to fieht with the foure Kings : yet God cxprefly 
 approved of it aficr the battell andblefthimfor it, by 
 Mekhiftdech : It rcmaines then that Abraham arm a 
 himfelf by the Comm'flton of Nature, or by the light of 
 naturall Fquity : Therefore all War is not repugnant 
 to the i aws of Nature. 
 
 jfrg.S. Eccl.3. Salomon faith there isafeafbnfTtfor 
 even' thing. A time to kill, and a time to heale; a 
 time to love, and a time to hate ; a time of War. and 
 a time of Peace Therefore War is not limply bad nor 
 contnry to the love which we naturally owe to our 
 neighbour, no more then a fathers beating his child is 
 "ilvvaieyunarpumentof an alienated afTe&ion, or that 
 a man abhors himfelf becaule he now and then dis- 
 members himfelf. 
 
 M 4 — Ne 
 
(16%) 
 
 , . — , 2^ pars fine era trahatur. • 
 
 o. Arg. Sett.%. God imhe Ifraelites a Militia, yet 
 numbers not up all theoccafions and caufes which might 
 jultly move them to wage VVa r. Therefore it r ermines 
 that in natural I reajon the caufes may he eafily comprehended 
 and found out by our fehxs. Such as was (according to 
 Crotius) leptbes VVarre for maintaining his Frontiers 
 againft the Amonite^ and 'DaWs for bis A mba ffadour s 
 being abuled. It is not agairift natural equicv, that a 
 man fhould fofter as much as lie made another fuf- 
 fer t Cainouiof this fenfe,gave fentence of death again/} 
 hirnielfe, Be^hofial r jinde me "frill Jhy me. 
 
 •Seeing therefore war re was lawful! in Nature , and 
 under the 1 aw , the maine difficulty now will be to 
 ft now — s 
 
 Chap. III. 
 
 Whether all Warre be unlawfyll by the 
 Law of the Gofpell > 
 
 $. 1. The Law of Nature howfarre unalterable. Why 
 difficult to finde out what thcLaw of Nature is. 
 
 2 . Capitall Iuft ice ft ill lawfull. 
 
 3. How the Magiflrate carries not the [word in v nine. 
 
 4. The durance of tbe judical! Law, in Judaea, tfjjeni- 
 falem was deftroyed. 
 
 5 . The Judiciall Law not yet totally abolijbt. 
 
 6. Whether they who have committed fingle theft and 
 without violence ought to fufer death ? which moftptt- 
 nijbable, Adultery, orfimpk theft .<? , „ w* 
 
 7 . Of the foure Monarchies. 
 
 8. the necefsity 0/ ftUgipacy, Whether Mapftracy 
 
 fhould 
 
(i*0 
 
 fljould have been > though man had not fain ? None fo 
 fit to be a Magiflrate as a Chriftian. 
 
 i . T dare not be fo hardy as fbme who fay , That the 
 ■■•Law of Nature is Co intriniecally good, right and 
 rcafonablc, that it is immutable : fo that as if warre 
 were once lawfull bv the Law of Nature, for that rea- 
 fonkfhould of abfolute neceflity be lo ftill under the 
 Law of the GofpelL For the law of Nature is unalte- 
 rable only in what it commands to CThe LawofNa ? 
 be omitted or committed,not in what < tnre how frr un- > 
 it permitted , that is in Fr<eceptis &> I alterable. y 
 
 Vetitis, non in me diis ileitis. Thofe < Pr<ecepta& Vetitave- 
 late moftto the firft Table f and to the ninth Comman- 
 dement againft lying ) where warre hath not its place. 
 For as there arc many things relating to God, which 
 he cannot difpence nimfelfe from , 16 there are many 
 things relating to himielfe, which he cannot difpence 
 us from. Thus we muft ever worfhip God in Spirit 
 and Truth, because he ever is both ipirit and truth. But 
 we know not what the I aw of Na-r why difficult - ) 
 rure is, becaufe we cannot penetrate \ to finde out C 
 ri^ht * reafbn. God at the beginning) what the Law ? 
 inecHight into the world without a ( of Nature is. ) 
 Sunne; but after deriv'd it from the groffenefle of that 
 Planet, perhaps to typi fie two things to us. 
 
 Fit&,tbeS4bbatb y that man fhould obferve the firft 
 day and light holily to his Creator abftra&ed and free 
 from all feafible actions , according to that L ight which 
 derives not from Nature, 
 
 Secondly, that Light might fignifie the light of mans 
 underftanding, which at firft was filled with infufed 
 knowledge only , and acquired or derived nothing 
 from fence, or' from any created thing. For Adam by 
 fomeof his firft a£ts, in the firft Sabbath day , chri- 
 ftened ( as I may ib fay) all the creatures with proper 
 ^ncTiigrfirlcant names . as the true Godfather brought 
 them to him in their infancies : But when the Devils ill 
 breath hadiullicd thatcjearemirrour, then this topet- 
 
 nararall 
 
(i 7 o) 
 
 naturall light was intercepted , and he left for haJfe his 
 time in night and darknefte , an J to be?in his lcience at 
 fence; which is fo clouded and rounded with mequall 
 mediums, tnat we rarely discover ftraight things other- 
 wile then in refraction, as < ; wers in water, according to 
 the diftemperlaVfwJ/fpeakes of» 
 
 » Cum jam Vertigine tettum 
 
 Ambulat, drgeminis exfurgit menfa Lucernis. 
 Every thing therefore (ports with us now, as the Phili- 
 fthims b®yes and girles did with Sampfon after his eyes 
 were out : and as Koabs children had their Matcrnals 
 wip x t out of their mouthes, Co had we Natures firft lek 
 ions out of our memories, and taring right reaion, wee 
 loft the right rules of our Actions. Our Lawes define 
 that of Nature thus ; lus nature e/t quodnatwra omnia ani- 
 maltadocuit: But this is extremely faulty; f©r it is both 
 ftoo Urge, and too narrow : It is too Urge, in refpedt of the 
 fubjetf, becaufe it takes in irrational! creatures, and tffe* 
 narrow M the refpecfc of the o£/e#, becaufe it comprehends 
 onely thofea&s which we have in common with beafts, 
 and not thole which wee have properly as men. The 
 modus cdendityeum or thr foerall'toaies o f doing homage or 
 yaffalage to our Lord, is a thing which God held alterable, 
 andfoalwaiesdid Nature : for God and Nature cdffc- 
 
 {Rom.:.\mandcd the fame things; the Gentiles who 
 •4- '5- J had nottheLaw,doiny by Nature die things 
 contained in the Law. So that Schlkhtingius faith ill, 
 that Lux l(eligienis toliit lezern nature. For though our 
 Religion hath in it many things above Nature, yet it 
 hath nothing in it properly fo contrary to it, as ro take it 
 away. W hi t Nature iaith concerning the l awes of the 
 fecond Tab'e is mucii ^kercable; for ifthey be according 
 to Nature una'ie ab e and chat God and Nature soe to- 
 ge hnr, then wel c evident contra^ i&ion. Goa com- 
 manding Abraham to kij his innocent fbn, 
 
 Si non ut Content f ahem tit Vitfimum, 
 and rhe Ifraelkes o carry way. not the Kins of :?gflf>tr * 
 good 5 ? who h 'ri fo uuch wronq<nhe n for its l.k-'ythey 
 wee not (o familaras to boiruwufLm, but the peo- 
 ples. 
 
(i?0 
 
 pies. Thus therefore I prove that fbmewarre is ftii/ per- 
 mitted under the Golf ell. 
 
 i Arg Sett. 2. Gods primary interdict f Gen. 9. 5 . 6. 
 offliedding humane blood, and his re-) Capita 11 Ju 
 quiring ft againe, is no more then wharf ***<* (till Jaw 
 ■was expreflcly enjoy ned m the Sixth C W** 
 Commandement afterwards ; which Commandcment 
 after it was given, was no impediment either to capitall 
 puniftiments, or to warre : But that Commandcinent is 
 not abrogated, nor capitall Juftice now interdicted ei- 
 ther by it or any other injunction of charity, as after- 
 wards will more evidently a ppeare. Therefore ibme 
 warre is fhll lawfully which is nothing elfe but Capitall 
 Juttice ; and is not the lefle unlawfull , becaufe others 
 forcibly oppoie it, and make it calamitous thereby, But 
 on the contrary. 
 
 2. iOg.Gods Jurtice muft (till have controverfies with 
 the unrighteous ; and by the iame realon thatheeftill 
 continues exterminating Angels, hee continues the 
 power of the iword in the hands of Princes and Gover- 
 nors, for the vindication of that which was ever mo- 
 rally binding , and by Gods approbation occasioned 
 crueJl'warres even betwixt Jew and Jew. And if any 
 Analogicall collection be of force, we may coherently 
 inferre, That if God placed fire and iword at the entry 
 of the earthly Paradife,to repulfe their entry who would 
 prophane it by adoring afalfe Deity, why then may not 
 his Church he defended by the iame meanes? Cnrifts 
 hand foacciiftomedcogivebleflings and healings , was 
 never arm'd to give ffripes but in order to this. Not as if 
 his intent was to force his Religion , or any then to the 
 A ltars, but rather to fegrcgate the impure ProfefTor from 
 diflurbing the pure ; for they aJl profeft the fame God. 
 All the fwords & whips in the world'camotconftraine 
 a man to prefent God the pure facrifice of the heart ; Its 
 G o.ds referved prerogative to move that bv his fpirit in 
 me new Creation,as well as he did the indifpofed mafle 
 by it in the old. Freemen were never dragg'd to the Al- 
 tars, neither were thofc victims facrificed^ whi*h led un- 
 quietly to the Temple, 3 . Arg, 
 
% '07*) 
 
 3. AYghbn\%*$% 36. Pilate anfwercd, thine owne 
 Nation and the chiete Priefts have delivered thee unto 
 me ; what haft thou done * J efus ani wered, My King- 
 dome is not of this world •' ir my Kingdome were of this 
 world, then would my fervants fight, that Ifhouldnot 
 be delivered to the Jewes ♦ Chnft whole lawes fymbo- 
 Iiz d not at all with thole which relate to the meum and; 
 tuum of this world, would rot leeke the prote&ionof 
 
 {Aft. 18 1 them from earthly force. But withall hee 
 «4 »5- S clearely denotes this to us, fhat they whole 
 rights and Kingdomes are of this world, may defend 
 themfelves by this right of warre. 
 
 4. Arg.Sett. 3. Kingly power is ftill lawfully for Saint 
 
 J How the Magi* ^ Taulin vited Kero and King Agrippa to 
 ftrate carries Cthe Chriftian faith, without any inti- 
 not the fwerd f mation that they ou?ht thereby to de- 
 in vaine J relinquifh their Crownes ; but on th^ 
 
 contrary that they carried not the fword in vaine, which 
 yet were in vaine if they might not therewith have pu- 
 f Ran. 7 nifhtcapirall offences with death ; and if lo, 
 L ».?■ 'then by juft conicquence profecute Juftice 
 by War, in which the worft is but death. 
 
 Obj To this argument there aretwoanfwers :* Firft, 
 that though execution bee not done by the Magiftrates 
 iword ac all .yet it may not be laid to be carried in vaine; 
 for it may be carried ad terrorem t Secondly That S aint 
 Paul tacitly dhTwaded Kine Agrippa from exercilins any 
 C ) function ofbloo^ in w idling him altoge- 
 
 < A#s 26. , tMriuchas himfelfe was faying being in 
 £29. 3 his bonds. 
 
 Anf. To the fit ft T reply, thnifallmencertainely 
 knew that the Mig ftrate would not, and durft not 
 makeuleofhisfworrf. t'^en it would never be ad terro- 
 retntozm rxceptto lmlelfe, becaule according to this 
 law any R ogue might ta Ve it from him,and execute him 
 therewith molt lecurely To the Second I anfvver, i;^, 
 that el?gant pece of Saint (Pauls Rhctorick 1'sTo Dee 
 underflood with a temper and according to his fcope, 
 
 whiqh 
 
d75) 
 which was to perfwade King Agrifpa to embrace the 
 Chriftian Faith. Otherwife ifto be a Chrift an were to 
 bee like Saint 'Paul in all things fave his bonds , then 
 itwereneceflary to be of his Country, his Towne, his 
 Family . not married, and the like. 
 
 Arg.<$. If Chrift orhis Apoft'es by him, would have 
 tntroduod fuch a flrange flax of living, as was 
 never heard of before, undoubtedly hee or they would 
 have told us in exprefle manner, That it Ttas noto no lon- 
 ger Wtofidlror any go\>ernours to judge of other mem lives 3 and 
 that upon paine of damnation amies "toere no longer to bee 
 horn. If Chrift among other Myfteries brought from 
 the bolbmeof the father, hadcommiflionto deliver this, 
 furely he would have fpoken boldly of it even to the fa- 
 ces of the Potentates of the earth, and without mincing 
 it, or of leaving it co each mans particular lo?ick to bee 
 deduced out of the Analogy of his Religion, efpecially 
 when there are luch ftrong prefampt onsagainftfucha 
 deduction. God put the rules of Religion and of Go- 
 vernement into Moyfes his hand at the Tame time, and 
 yet wicked neffe could not then bee reft-aincd by force, 
 much lefTe can it be now without it. Here Schlichtingim 
 replies. That wickednefle is belt reftraind by the Laws 
 oFGMift. 
 
 * 1 anfwer, this is very true, but itlalves not the doubt. 
 For it is here qucftioned what may be done by Govcr- 
 nours 3 when ae fatto wickednefle is neither reftrain'd by 
 Chrifts L awes. nor bv any other confo mable to Chrifts. 
 Arg. 6. Paul foughta^uardof Souldiers ; and <*tfs 25. 
 1 1 . he iaith of himielfe. If 1 have committed a ny filing 
 worthv of death, I refufe not to die. Ther fore Saint 
 P*«/ thought, even after the Gofpelipublifht, that there 
 were fome crimes which might y t be punifht by the 
 Ma^iftrare with death. And if hee had commission to 
 declare hell to thole who (hould doe captali J uftice ac- 
 cording to a law but immediately before lavvfu 11, then he 
 \Yould not have faid that wh'ch was auite contrary to 
 it,- andlb have confirmed them in a damnable ei rour. 
 atleaft by his filence when hee yit% bound openly to 
 fpcakethecontury. <fyg.7. 
 
Arg. 7. Sect. 4. It cannot be fhewed by any induction 
 The durance of \ out of the Scripture, That the j udiciaii 
 the Judic all /Law of the It^es Common- Wealth 
 I aw in jtidta>( w hich contained capital Punifhments 
 till Jerufa/eoA and War)did actually ceaie till hrufa- 
 was dciiro>ed.^/ fwwasc i e ^ ro y ec l : anc | j t was not e _ 
 
 quail that it fhould be in force with the letoes, after they 
 ceas'dtobeapeople, and being made a Roman Pro- 
 vince^ were without hope of freeing thanfelvestrom 
 that Goverment. Neither did Mofes, who wrote thofe 
 Lawes, prefix a terme of time to the durance or expiring 
 of them ; Neither did Chrift or his Apoftles ( whofe ve- 
 ry office it was to tell us all that would exclude us from 
 ialvation) ever fpeake of the expiring of filch a Law ; 
 unleffc it were implicitly comprehended in Chrifts pro- 
 phefieofthcdeftru&ion of lerufalent; which was the 
 expiring of the Ietoes Common wealth onely. But the 
 quite contrary is molt apparent: For after Chrift was 
 afcended, and the Holy-Ghoft was defcended, and that 
 the Apoftles were lent with fufficicne inftru&ions to 
 teach all Nations all that which wasiufficient to bring 
 them to Heaven,, I fay after all this,Saint Paul avowed the 
 Judiciall Law. For in his plea for his life, hee argued, 
 that he had done nothing againft the C Act. 25. k'&x* 
 1 aw of the Ic^es, which was the Ju -<< 
 diciall And in another place he faid C Atfs 23. 3. 
 the High Prieft was then to give judgement according 
 to the Law of JWo/tf, which was ftill the Judiciall, in the 
 difpeniation whereof the High Prieft was as a Civill 
 Judge, And Chrift came not to take away the 1 aw, but 
 to fulfill it by filling onely the Rituall frndowes with 
 his fabftance : A miracle which no body but his could 
 doc, to take away, and not make a fhaddow. So that if 
 their Law of government lafted unblameable fo loni? as 
 thcirCommon-Wealthftood, and that the Chrift ran 
 Kelson ask was profe'f by the Apoftles, after the de- 
 fcent of the Ho.'y-Ghoit, was as lufficient to r^rjng.meji s 
 to Heaven as it is now, then le^es converted needed not 
 sit rh.it time to have quit their Magiftracy, neither ought 
 
 they 
 
(175) 
 to have judged otherwise then according to the Law of 
 Moyfc) which jude d of We, deach, and of Warre. 
 
 Ol!j. But it is objected, that the Judiciall I aw was ab- 
 rogated byChrift, becaufe he torbad that which before 
 was lawful! by it ; as in matter of divorce, in the number 
 of Wives, in revenge of a tooth for a tooth,in forbidding 
 them to goe to Law, &c. 
 
 Anfa. Grotins thinks it enough to antwerhere, That 
 betwixt thole Precepts and the Law, there is no con- 
 tradiction, no not contrariety, but onely a difference. 
 For he that ? bftainesfiotn divorce and revenge, and the 
 like, doth nothing asainft the Law , nay hee doth that 
 which the I aw chiefly delires , in taking away and 
 reconciling differences : And thus it is that tneftateof 
 health is not repugnant to the nature of Pnyfick. But if 
 Chrift had laid, It isnob no longer iatofuii topmijk a mur± 
 *kw,then he had fpoke fomething contrary to the Law, 
 which faith, the Magiftrate is bound co punilli a murthe- 
 rer, otherwife that he is guiltv before God, 
 
 5 . But for a further ftrcng hening this principall Ar- 
 gument I conceive we may goe a littl £ f archer chen this, 
 and fay with fbme other Doctors (wh >ie , j hc j uc | j c i- 
 arguments I fhall here inculcate) that \ a u | avv nor 
 Godntycr yet tot illy abolijbttbe Judicial! )*r C - toti \\y 
 £ay»; but onely in thofe parts which \aboiisht. 
 were proper to the Jewes Common-/ 
 Wealth, as mc freeing of Hebrew Ser-^ Exod. 21.2. 
 vants in thefeventh yeare ; The marriage C Deut. 25. 6. ) 
 of a Brothers Widow in cafe hee died < •* 
 
 without fbns ; And of marriage betwixt C Num - 3^8- } 
 thofe alwaies who were of the fame Tribe, But v was 
 notabolifht in thofe things which areimmut bleand 
 concerne all Nations, and by reafon of die equity of 
 them, many learned men conceive that even the Gre- 
 cian Law r es were derived from thence, as from them the 
 12. Tables, and thence the Civiil Law was deduced to 
 us. The reafon of the former is , Becaufe thofe thine* 
 which were peculiar to the ?eifo« cannot be laid common 
 to the Government of ail Chriftian people, The r afon 
 of the latter is, Firfr, 
 
(i 7 6) 
 
 Firft, Becaufe if all thofe Judiciall Lawes were abro» 
 gated, then there arc none left in the wor.d of God ; and 
 if fb ; Ucfo then is it true that the Word of God containes per- 
 fectly the precepts of ail Morall Verities ? For . according to 
 this it would bedeftituteofdiftributive Iuftice, andio be 
 imperfecl in a principal! vertue. 
 
 Secondly, if all Judicial! Lawes be abolifht univer/al- 
 ly, then there will be no ceraine rule for punifhmentjxic 
 according as each Magiftrate fhal? judce it juft or unjuft, 
 lone (hall doc and it will be juft; So that if Adultery 
 (hall be death in one Countrey, and not in another, both 
 will be juft. 
 
 Thirdly, if they be all univerfally abolifht; then of 
 thefe two one inuft needs be ; That God in the new Te- 
 ftament commanded not the Magiftrate to punifh wick- 
 ednefle ( which is falfe %om. 13.) Or ifin generall hee 
 commanded it and did not prefcribe how punifhment 
 fhould be proportioned to wickcdneflfe he then left it to 
 the arbitrary will of the Magiftrate. But this isabfurd. 
 For the Magiftrate as a man may erre. and therefore it is 
 not to be luppos'd that God kft it fblely to his will . Be- 
 fides, when the Magiftrate fhall punifh, he muft needs 
 doe it with a conference doubting whether he hath pro- 
 portioned his pun-fhment rightly or no. But 1{om\i^.2^ t 
 What ever is done with a fluctuating confeience is ill 
 donc.llpon this ground Mofes twice durft C . . ) 
 
 not pronounce fentence on thole who<f; eV!r , 24,13, > 
 were great offenders. God hath prefcri- I Numbjf *;?* j 
 bed punimments for his Church, and hath hee none for 
 Stages ? Isitbeauie he would have that doc juft ly and 
 thefe not - or that he hath a care of his Church,and not of 
 Common-V Vealths,of wh'ch he is Authour?Some Po- 
 Jiticians have thought rood to retaine fbmc parts & not 
 others of Mofes his Judiciall Law, even fuch as by a 
 common rcaion relate to all men and not to Jewcs par- 
 ticularly. Murth:r and Aduherv were in that L awe- 
 quallypunilht with death, but limbic theft was jiqt. 
 H<2W^everfbno€ States have after'd thefe parts oTcliyinc* 
 and timvci fall Juft ice iofarre, as to make one of theic, 
 
 which 
 
077) 
 which was by Gods order Capital! , not to be Co ; and 
 that which was not Capitall, now to be fo. "Vet the 
 fame States cannot pretend to be (6 Legiflative as to 
 make that no finne which was and is a finnc, nor to 
 make it a lefle finne ; How then can they juftly change 
 the punifhments which God ordered them ? 
 
 Fourthly, It is but congruous to conclude, that if 
 God have fuch a care of Families, as to make L awes 
 for the private fbcieties of Husband and Wife, of Pa- 
 rents and Children, of Matters and fervants , he hath 
 then provided Lawes for the regiment of publiquc fo- 
 cieties, in the temper of publique Lawes and punifh- 
 ments, which otherwise might become the grcateit m- 
 juftice. 
 
 Ob. It is objected, That Mofes his Lawes are not 
 fitted to determine all thofc cafes which may now 
 happen. 
 
 Anf. Ianfwer, That God thought them fuffTcient for 
 the accidents and time of the Jewes Common- wealth, 
 which was 1600 yeares; and how can f Deur. 17 9, "> 
 any man prove that the like cafes hap-L '°» l T < S 
 nc d not then in that long time which happen ordinarily 
 now-\ A Law is a rule, and if the Author of it be jxr- 
 fe.c~tIyWe, perfectly juft, and perfectly good, then 
 nis rule cannot but be likewife perfect. Though it be 
 granted that all cafes are not defin'd by Mofes exprefle- 
 ly, yet the perfection of his Lawes requires, that we 
 fay no cafe can now happen which may not be deter- 
 mined by fbme Analogy with that which is expreft ; of 
 things which are alike, the equity and judgement ought 
 to be like. For example, Exod. 21. 33 , 34, If a man 
 (hall dig a pit, and not cover it, and an Oxe or an Atfe 
 (hall fall therein,the owner of the pit mall make it good f 
 butthedcadbeaitfhallbehis. But what if a horfe or 
 a (heep ( which is not named ) fhould fall therein ? 
 From tne analogy it iscafie to conclude the equity. 
 , ,Qh„ Trmay be againe objected , That the Gofp 1 
 doth not abolifh particular Common- weakhs ; there- 
 fore it permits each State its owne Lawes, and there- 
 N fore 
 
(178) 
 
 fore our Magiitrates are not oblig'd to Gods JudicMi 
 Lawes. 
 
 Anf. Ianfwer ? ThatastheGofpelabolifhesnot die 
 feverall States of men, but corrects and reformes them, 
 ib doth it not abolifh, but correct and rcforme Stares 
 and Magiftrates, Mat. 14.3,4. 
 
 For prclTmg the further coniequence of this Argument, 
 I fhall propound this queftion ; 
 
 Qnefi. Sett. 6. Whether they who haVe committed fon- 
 pfe theft \and Without violence , ought tofuffer death > 
 
 Gods Judiciall Law permitted it not; butmoderne 
 States thinke f :hat that Law now would not be equita- 
 ble, and therefore ought not to oblige* For it is,fay they, 
 an ordinary rule of Juftice , That yrickednejje incrtafing, 
 pnnijhments fhould UkgWife be proportionally increafed. 
 
 In tabids time the children of Iirael hadchang'd io 
 much from their former finr-licitv, that he then diipenc t 
 hi mfelfe from the letter of the J tidiciall L aw : For when 
 the Prophet Nathan told him, that a rich man had ta- 
 ken from a poore his only lambe , heprefendy gave icn- 
 tence that the rich man fhould dye., and reftore the lambc 
 fou refold. 
 
 Anf To all this I anfwer : Firft,that if God thought 
 it once juftice that they who committed i implJ thefc 
 fhould not dye , then it is a^ainfithe ordinary rule or" 
 equity that they now fhould dye, only by humane au- 
 thority : jujlitia enhnfemper fequitur partem mitiorem. 
 
 Secondly, If puniihments may be fo cxafperated and 
 C Which moftpu- ) heightned , that that which was 
 < nifliabIe,Aduirc- >notcapitall before, may juftiy be- 
 C ry or fimple theft. ) comecapitall now ; then no reafon 
 can be alleged, why theeves fhould now iuffer death, 
 and fornicators not. 
 
 The Commandemcnt which forbids ftealing a mans 
 goods, follows that which forbids ftealing away his 
 honour : and good rcafbn for it ; becaule he is to leave 
 all goods and relations to maintaine the poflfiffcui oi^ , 
 tins. 
 
 Thirdly, it is ill fuppos'd that the mis of theie times 
 
 exceed 
 
(179) 
 
 c&ced thole of the Ancients, both in quantity and qua- 
 licy, Gods puniilimenton Sodom and Gomorrah, and 
 or* the univerf all deluge, argues the contrary : Moreover 
 our Saviour exag^eratiug the Iniquities of the lalt times, 
 faith they fhall be like thole of Koab and Lot. 
 
 The inftance in 'Davids palsionate fentence proves no- 
 thing : He gave fentence of death againft all Kabals 
 hou.'e , which was not therefore juft. Neither was that 
 given againft Mepbibb/heth mote equita- f 2 Sam. 19. "7 
 ble, whole lervant mi/informed T>a)?id'\29. j 
 
 on purpole to fbarejn his Matters eftace. 
 
 Befidesit was fuppos'd to have been , not a finiple 
 theft, but a theft with violence and rapine, and therefore 
 <$a\nd might jufily give fentence of death upon the 
 theefe. V Vhcref ore the encreaie of the fame impiet ies 
 encreafes the lame punishment according ro the lame 
 quantity extensively only, and not according to the 
 quality or intenlively. For it is not the number of of- 
 fenders , but the quality of the offence which proporti- 
 ons punifhments. <c lit ofall this itfolIows,XhatChrifis 
 Lavves tooke away thoie of Mofes only in thofc re- 
 fpecti, whereby jWwas feparated from Gentile, that; 
 Jo pla.ee irr'ght bz made for the extenlion of a Ca- 
 tholicjie Church , and for an univerfall Communion 
 of Saints. . Thole things therefore f Phi!, 4.8. 1 
 
 which arc of intriniicallhonefry and L l Cor. 11 <V'4 3 
 piety, and which are common to all men in the Judi- 
 cial! Law,' are (till in force, and by that coniequence 
 ioisCapitallPunifhment and War. 
 
 8 Arg. "eft. 7. The route great Monarchies which 
 ruled in the world were by Gods 1 wfu/1 appointment; 
 and according to the Prophet Daniel , the iaft fhall ihnd. 
 t o the worlds end , and till the Saints of Clirift poff, (ti 
 thatKingdomeof his which endures for ever and ever, 
 i2)4w.7.2i, 22. For out of the ten Homes, (or Pro- 
 vinces) which were in the head of the lalt beaft (or 
 .Monarchy) >. 24. another Home frill arife (the Tur,{e) 
 and fliafl make three Kernes or provinces fall, which- 
 are according ro intei peters, Egypt, 4/h and Gn> 
 
 N 2 ^ He 
 
( i8o) 
 He fhall fpeak great words againft the mofl high , ( in 
 his Blaiphemy againft Chrift) andthinkc to change 
 times and Lawes, (by his new Religion) and becauie 
 the foks of his feet are of Iron therefore he fhall ftand 
 till the lift, and all the time of his raigne (hall main- 
 tains Warre againft the Saints , which Warre cannot 
 befuppos'd but where there is mutuall opposition ; and 
 yet during this mutuall oppofition the Profeffours of 
 Chrifts Religion may continue Saints, V. 21. And 
 %el>. 17.16. Thcfe Saints fhall exercife a bloudy Vi- 
 ctory over the Whore of Babylon. By all which it is 
 evident, thatfbme Warre is (till lawful! under the Chri- 
 ftian Religion, and fhall be Co till the worlds end. 
 
 9. Arg. Sect. 8. Cut of the fourth Argument it was 
 prov'd , That the Magiftrates duty was not to carry the 
 C Thenecefiity 1 fword in vainer But becauie feme fay 
 ^ of a Magi- > that they who are yet no farther then na- 
 { rtrare. j t ure , may perhaps have need of fuch a 
 
 Magiftrate, and he confequentiy have needofilicha 
 fword; but they who have renew 'd natures, and are 
 above Lawes and Ordinances ( as true Chriftiansin 
 their fenie are) have no need of any Magiftrate , and 
 confequentiy no need of any fword : Therefore here I 
 (hall (hew that none is fo proper to be a Manift ■ at c as a 
 Chrifthn; and defire thole who pretend to be lb refi- 
 ned as if they had no bodies (but to be as Mofes and £- 
 lias in the transfiguration ) that they would humble 
 themfelves by the 7th of the Romans, where they (hall 
 fee Saint (?./«/ (notismlndmdumnVagum, or an un- 
 regenerate perion J fay, 1 4 m Carnall, not that he Kas 
 onely heretofore Carnall ; and *. 24 hecties out Who 
 fhall deliver me from the body o i this death} V. 22. he faith 
 ftillofhimfelfc Cas regenerated) I delight in the Loft of 
 God after the inward man. 
 
 I fhall not here difpute Whether it he congruous that 
 >Wheth C rMa 6 i- jMagi } racy Jbouldbd* been thongf, 
 
 "5 have been in w^b fiaid in the affirmative ; tor its pow- 
 ^manhadnotfaln.)cj:i3 grounded onwhat is naturall 
 
 and 
 
( *0 
 
 andmorall. Secondly, man here is to be confidefd 
 more as a fociable then as a finfull creature : and a' re- 
 training or intimidating power in fbciety , is more 
 commendable in preventing , then in after correcting 
 finfull adts. Laftly, there is an impreflion of this pow- 
 er naturally in the hearts of all men. It is not enough to 
 objec^herc, That man could not have been anyway 
 intimidated unleffe he had finned firfi ; For that leemes 
 to caft in doubt the force of Gods firft Law, The day 
 thou eatejl thereof tboufhalt furely dye: in which words 
 there was a threat, which would have been without 
 effect, if Adam then fhould have been without a fenfe 
 or apprehenfion of it. The moral! and ftanding ground 
 of MagiftracyisintheFifth and Eighth Commande- 
 ments • Honour thy Father , and Thou fhak not 
 fteale. 
 
 The Qualification which God un- ( « King. 10.9. 
 der the Law made of a Magiftratc "toas \ 
 fucbas /*/?*/?*//, Exod. 18. 21. Tbou<Konefofatobe 
 fhalt provide out of all the people able h Magnate as 
 men , fuch asfeare God , men of truth, ^ a Chrirtian. 
 hating CoVetoufneffe, and place fuehrer the people to be ^«- 
 iers. jBut what is there which fb ftri<5My recommends 
 andenjoynesthe/e vertues as the Chriftian Religion > 
 which by the promifes of a better life depreffes in us the 
 tumours of ambition and ayarice, which are the feeds 
 of all publique troubles , one taking too much , the o- 
 ther giving too little. Cur new Law therefore moft 
 reafbnably perfwades our Magistrates ? like Samuel, 
 when they are leaving their charges, f \ 
 
 confidently to aske their fubjeas>L ,Sam ' 12 - *'4 S 
 whether they have opprefTed or defrauded any of them 
 ofanOxeoran Aflc ? For this f»erea theft toorfe then 
 facrilege 9 as GneVara faith, Antes tomaria lo de los tem- 
 ples, aue no lode los pueblos; foraueUuno esde los minor- 
 ities diofes, ylootroesdelosplebeyospobres; which is, that 
 k he had rather take from the Gods then from the "poorc, 
 becaufe the gods were immortall and unexhauitible. It 
 any inconvenience in government arife, there was ne- 
 N 3 Yer 
 
( 1*2 ) 
 
 vcr any thing found out io proper to pcrfwade poppj 
 a patient fufreriog it, as the Chriftian Religion. C>tiv: r 
 States permitted thefc ( as the Laccdemonum ) Adulte- 
 ries, Incefts, iMurtherings of thole who. were bora 
 with deformities , and of old unfervkcable people , 
 
 { *\which makes me conc'ude with the Goi- 
 
 Mar/h. 15. j pe j . t hacchewife of this world, are the 
 blindc who lead the blinde into the precipice ; and that 
 to enjoy a happy government, we iliould receive our 
 orders from God , who 1 Tim, 2. 2. hath given us 
 Princes, chat for the bomiu mimale we may live quietly, 
 and for the bonum jpirituale holily., under their prote- 
 ctions. 
 
 Chap. IV. 
 Obk&ions and Anfwers. 
 
 £ 1 . The C or iff i an Religion why no t revealed altogetbe r 
 by our Saviour. 
 
 2. Of'Cbriflsan d Moles bis Lawes in order to tbe caufe 
 and tbe effett offinne. Or loving our Enemies. 
 
 3. Of fkjewes Enemies. Of unequal! love. 
 
 4. Of Retaliation, and of an eye for an eye. Publiqtte 
 ■ vindication cf fome private injuries not unlawful! by 
 
 tbe Law of the Gofpel. 
 
 5. IVbytbe private retaliation of fome blows unjuft. 
 How clemency and pnijbmeni goe congruoujly toge- 
 ther. 
 
 6. What Revenge i* . ' . , 
 
 7. Our difvofuions to Enmity and A^y- Ibe conveni- 
 ence of our being borne imyonent. Way there are more 
 
 Enmitiss 
 
(i8 3 ) 
 
 • Enmities thenVnions. Way Religion proper to m&l^e 
 
 more Vnions then Enmities. 
 8. Wbstberey. for eye be equitable. 
 $. Concerning killing for Religion^ and why we may more 
 . peremptory) fly men now for Civill then for Religious 
 
 caufes. Civill rights eajily kpowne. 
 i o. Of the repentance of Malefactors. 
 ii. C(>nceminti~PetersfI>eatbingbiffxvord. 
 12. 7 be Conclusion) perfwading not without extreme ne- 
 - cefjity to make ufe of the naked [word. / Q c? 
 
 TTHus farre I have endeavoured to make cleare , that 
 -*■ if Chnftspurpofehad becntotake away War and 
 Capital] punifhments, he or his Apofrles would have 
 declared it in exprefle tcrmes ; in regard of the confe- 
 quence of fuch a command , and of the newneffe of it : 
 And fomuch the rather , becaule no Je"to could imagine, 
 but that Mofes his Judiciall Lawes in things of com- 
 mon equity fhould ftand in Jud<ea, fo long as the J uda- 
 ic*ll Common- Wealth fhould ftand. 
 
 However Scblichtingim and the reft of his Tribe ob- 
 ject: J That though Warrebenotexprefly, yet it is ver- 
 tualiy forbid by our Saviour; as being totally repug- 
 nant to the Analogy of bis Religion , and to the Oiconomy of 
 bis Crojfe: Thac our Saviour Matthew 23. 2,3. laid, 
 the Scnbes and Pharifeesfat in Mofes feat, therefore 
 what focver they bad thofe of that time doe , he com- 
 manded likewife that they fhould ftill obferve and doc 
 it: For thofe times ( (ay they ) were not yet nervous 
 enough to beare all that which he brought from the bo- 
 fbme of his Father. 
 
 .Mf.i.Ashe difcoverednothimfelffully til within three 
 veares of his death, fo did he not fThe Chriuian Re-" 
 his Doctrine till he afcended andjl'gion why not re 
 had acquired Regall Authority to") v « led altogether 
 'mafa&nd abrogate Lawes. He' b y° ur Saviour, 
 coniider'd the capacity of his infant Chnrch , and 
 would not that neK Wine fhould be put into old Qottelsfov 
 
 N 4 fearc 
 
0*4) 
 tare of breaking them. This made the Apoftks them- - 
 idves even after his A lcenfion remaine yet a good while 
 hjlfe Judaicall , and adhere to circumfion and other 
 rights ; as if it were right which the 1 aw faith, J%ui lacte 
 nntrjturpars Yifcetum matris adbuc cenfetur. Mofes com- 
 bing direclly from God out of the Mount fl>in'd in the 
 peoples eyes like a iecond Sunne, anc\ therefore could I 
 notprefentlybelookton, but through the Edipfe of a 
 Vaile. However (fay they) our Saviour in his Sermons 
 upon the Mount (MaU chap. 5,(6,7 J (aid enough to prove 
 the incompatibility of his Spirit with the rank and Car* 
 nallfpiritofVVarre. 
 
 Qbj.Sect. 2. For there weare exprefly cpmmanded to 
 Jove our Enemies, and to pray for thole who curie and 
 perfecuteus. Therefore it not being now lawfull for us 
 to have a ny Enemies, it is as little lawfull for us to have 
 any Wane. 
 
 Anf. As I can fiippofe a defenfive VVarre,againft 
 which charity can make no exception, (o J prefumethat 
 ;he Analogy of the Chrijlian Religion can no more except 
 againtt it, chen a£ainft Jufiice. And becaufe many ob- 
 jections are rais'd out of our Saviours Sermons, Mat. 
 (bap. $,6 y j. therefore I judge it necefTary here to, pre- 
 mise, That our Saviour really never intended to take a- 
 way, but exactly to fulfill , both by his example and 
 precept, that which was morall in the Law of Mofes y 
 Afdf.7.17, 18. Itisiaid^Ter. 31.31,32,^3,34. H^. 8.6, 
 12. Art: 13.38.39. Jhat the time mould come that God 
 would put his Lawes into every mans minde, and write 
 tjiem in every mans heart; and all men fhould Imow 
 him; for bee "itould bemercifulltotbeirmrighteotifnejfe y 
 and remember theirfinnes no more. This promife ftrre ex- 
 ceeded thcfeofiWo/fj in the way pfcxpiating our nnnes ; 
 for every man now in every place carries about with 
 himhisfacriheein his owne heart, which being hum- 
 bled by faith and repentance makes Sufficient expiation ; 
 whereas before it could be done onely in one Townee*' 
 the world, lerufalem, and through many perplext and 
 
 charge- 
 
0*5) 
 chargeable ceremonies. Mofeshis Law(Of chrirts & \ 
 diftinguifhtnot foexa6Hy of the caufe\Mofe$ Lawes / 
 and oftheejfett offinne, as Chrifts doth;< in order to the> 
 The Cdufi is the heart, where it is con- / c *'fe & «> thel 
 cei ved (as well as it is the expiating fa- ^ effeft of fmnc - ' 
 crifice afterwards through Chrift) but of that, as of all 
 intern all acts , the leftes made leaft account , and were 
 moft (olicitous about the externall and moftmanifeft 
 effects as relating to the cognizance of a humane and 
 pcnallTribunall. But Chrift who was toperfe&usby 
 a more perfect Law and promifc tels us, that to God the 
 caufes are as manifeji as the effetts, and therefore that wee 
 have before him committed Adultery if we admit the 
 luttfull thought, and murther ifwcnourifh anger ©r ma- 
 lice in our hearts. All thefe and the like Mofes ( whofc 
 lawes concern d the fcverail kindes of our actions J for- 
 bad, but not in the fame degree and punifhment thatour 
 Saviour did. 
 
 If the fubftance of the Law confifted moil in lovc,then 
 our Saviour gave an extraordinary augmentation to it 
 in extending it to the Enemies of the leftes; for the Loto 
 t^as (Iraigbtned onely in the exenife of charity ; The ene- 
 niics which our Saviour here fpoke of to the le^es were 
 oftw<ifbrts. 
 
 Firft, They who were deri ve4 from the Amorites, Hit* 
 tites, and lebufites y \\hom the Children of f Of the lewet'X 
 Ifrael were at their firft planting to de-\ Enemies. 3 
 itroy, but utterly did not ; and on whom the King of 
 If rati al waics levied tribute of bon^fervice, I l{ing* 9. 
 
 20,11. 
 
 Secondly, They of all parts of the world who were 
 not circumcifed.By the renting of the Temple vaile thefe 
 diftin&ions were taken away ; and many ofthofe Ga- 
 nanites, and the others, happily-converted to the Faith, 
 were not for their old quarrells , ftill to be perfecuted 
 y/jxh hatred by the letoes ; for that might probably be-, 
 get afterwards a greater contempt of thcmfclves as de 
 fatto it hath ftnee all the Chriftian world over, Our Sa- 
 viour 
 
( >8<0 
 
 viour therefore juftly preft this command (asallother 
 which concernd the extent of Chanty ) ftrictly onthe 
 y%es; for their Law was moft dete&ive in that, and 
 themtelves were moft tenacious to the worldly efteeme, 
 and advantages gathered upon ftrangers from that de- 
 tect ; and tor want offuch a dirYuli ve vertue as Charity, 
 Chnfts dochine in a humane morall way could not 
 have had lo tree a propagation. 
 
 But though all the world be at this time io near e a kin 
 throug h the blood of Chriftj yet the courfe of Judicial! 
 1 aw ought no more now to be luppos'd fbr6id thereby, 
 then it was before betwixt JeTfr and left who were bre- 
 thren. For it being granted t'hat love is to be exercifed 
 {of unequal 1 Tin a larger degree then before,yet it is ftill 
 Love- J to be with fome inequality or dispropor- 
 tion, according to the diftincTions of fociedes, c hap. I. 
 Beyond all doubt, all men are notto be lov'd alike, wee 
 arc to be tenderer ofotir Parents then of others ; next of 
 thofe who arc ofthe houfhold of faith;then,that the good 
 of the innocent be prefer'd before the good ofthe ndcent. 
 Cut of which unequalUort of love VVarre and Capi- 
 tal! Juftice is founded. We are bound to love our ene- 
 mies according ro Gods example, who/eSun equally 
 iliines on the juft and unjuH, and yet for all thatmepu- 
 nifhes the wicked here, & will punifii them worfe here- 
 after. Some therefore may ftill be reputed our lawfLll e- 
 nemies, if the conditions of jufticc a unequall love, and 
 revenge except not againft us. 
 
 2 Obj. Sett. 4. Mat. 5. 38. Ye have heard an eye for 
 an eve, and. a tooth for a tooth ; but I lay unto you reft ft 
 not an injury, but to him who ftrikes one cheeke turne 
 the other : Therefore we are.no longer to rcpell injuries, 
 neither publikely nor privately* and confequently not to 
 goetowarre. 
 
 Anf. I anfwer, That though God would not have us 
 given to fuch an unnatural thing as revenge.yet he would 
 not havrus juftihe difbrder and cruelty; fuch as one 
 wretched Philifthim mi^ht with fpon a<5t upon a w r orld 
 ofSampfrm if we were obliged tamely to let him put out 
 
 cur 
 
OS-) 
 
 outailoureyes,ordafhout all our teeth : After which 
 wee ihould not bee well able either to begoreateour 
 bread. 
 
 trangendus mi fero gingiva panisinermujuv. 
 The Italians fay, Cbififapecora, il lupo la mangia ; He 
 who makes himfelfe a fheep, a VVolfe will preiently 
 devours him. This were a docTrine furelyrauchtothe 
 Devils advantage,, and therefore we ought to bee tender 
 intheconfequencesof it, left, becaufe that we ate obli- 
 ged to martyrdom in the particular cafe of our Religion 
 (there where the Magistrate and Kingdome beleeve not 
 the Word of God) we conclude,that innocence and In- 
 nocents are in all other occasions and places to be aban- 
 dond; which is to magnifie Gods chmcncy tofuch a 
 height, as to take away his justice : whereas indeed their 
 .may bee a lenity, which cfle£tually may bee cruelty. 
 Wherefore in doubtfull interpetations wee are to follow 
 that which drawes the leaft inconvenience, eipecially if 
 other Texts favour it afterwards. Upon which ground 
 I conclude, 
 
 f irft, That the perfon here fpoke to ^ publique vindi- 
 by our Saviour, is the private perfon V cation of force, 
 inj I urQd,whole fence provokes him to Jprivare injuries 
 that revenue which the publique Ma-Snot unlawful by* 
 giftratc mult needs be void of. Se-/' ne r Law ofrh ^ 
 condly, he fpeake? not of every in ju-^- Gofpell. 
 ry, but of a blow which neither wounds nor difmembers* 
 It is evident that our Saviour , by thofe words intended 
 not for ever afcer to abrogate the courfe of publique 
 Juftice. For at his ownetnall afterwards before Tilate, 
 whenaftanderbyfmotehim (in the manner he menti- 
 on d) on the cheeke, hee did not filently turnc the other, 
 but immediately reprehended the in jurer, laying: If I 
 fcaVefpoken eVill % beare "toitne/fe of the eVill ; but if Veil, "toby 
 fmitejl thou me i John 18.23. Out of which words it 
 appcares,vFirft, That our Saviour thought not himfelfe 
 oblipd to receive a lecond blow before he reprehended 
 the ftnker for the firft. Secondly, That he conceiv'd it 
 then lawfull to forme actions before publique Magi. 
 
 ftrates, 
 
fi88) 
 
 ftrates, incafeofdoingoripeakingevill: Forbearing 
 of witnefle, is in order to the Magiflrates judgement. As 
 if our Saviour fhould have (aid ; Wbyfmitejl thou me i 
 feeing^eare both before the publiaue Magifirate\ Tbho is 
 to btare and to take Itoitneffe of all the eUll nbicb it done or 
 ftoke. Wherefore by thoie words here objected , and 
 which our Saviour (poke in the Mount fome yearcs be- 
 fore his triall, hedidnotunderftand, That we might 
 not by a third publiaue per/on calmely refift important 
 injuries : Neither did .Saint Paul, long after the Afcen- 
 fion , ( when the Chriftian Religion was perfect y de- 
 da red J judge it contra Oiconomiam crucu. He faith, the 
 
 {i Cor- 6. h\ Plaintifs among the faithfull(who might 
 4>5»$. Jchufe whom they would to be their 
 J udges ) did ill, having private controversies with other 
 Chriftians, togoetoheathenifh Consciences and Tri- 
 bunals. The Israelites were never in i'o little (ecurity, 
 as when they were faine to goe to the Philiftims to whet 
 their fwords . Wherefore Saint Paulonly chang'd the 
 Judges, faying ; IfyebaVeany matter againft one another 
 fn things pertaining to this life ( and are not de jwepultti- 
 co) rather then to goe to Infidels for private juflice , ftt 
 them to judge "tobo are leaft efieemed in the Church, i Thus 
 feeing Courts of Jufticc, impleading Magiflrates, and 
 unequall Love, areftill lawfull ; therefore we may pub- 
 liqucly refift in juries (till , inftcha way as (hewes we 
 are not poyfoned or tainted with revenge. 
 
 Inftit. That which (eemes moft to perplexe the Text 
 ( here objected ) is the particle ® VT. For fome under- 
 ftand the Text thus : By the Law of Retaliation, and by 
 the hand of a Magiflratc ye have heard , a tooth for a 
 tooth, fBVT I fay unto you, refift not fuch injuries by the 
 hand of a Magiflratc, $VT rather privately take inju- 
 ry upon injury : where (fay they) the particle WTin 
 both places doth by two degrees in the (ame kind di- 
 minifh negatively , that which before was pcrmkteck 
 So that :£ xhzfytaliation before was under flood to have 
 been made by the Magiftrate , then the prohibitions of 
 refifting afterwards , were meant in refilling by the Ma- 
 giftrate 
 
(189) 
 
 giftrate 'likewife; therefore fay they, wcarc neither 
 publkjuely nor privately now to refift injuries at all. 
 
 Anf. Sett. 5, To this I reply; That the refiftcrhcre 
 can be no other then the private peri on f Why the pri- ^ 
 injured: becauic the forbearance of) vate retaliation £ 
 retaliation injoyn'd in the Text re- ) of fomeblowes^T 
 i pe&s h im and the ftriker immediately C "njuft- •* 
 
 after his firft blow , at which inftant Mofes Lawes 
 (which (as is cleared by the former argument) were 
 mod detective in charity) permitted the party injured 
 aprcfent returne of injury, as the Civill Law did, ad 
 ViUndam fecundam ptrcujfmiem , juiain dubio u qui fecit 
 infultumbahetanimumrepercutiendi, for avoiding the ie- 
 condbJow, becaufein this doubt it is to be pWum'd, 
 that he who firft aiTaukcd hath a minde co (trike againe. 
 But becauie nature hardly digefts chc firft blow while 
 (he is heated with it, ana that heat fcldome dotb Ju- 
 stice , but transports both the one and the other refi ftcr 
 farther then they at firft perhaps incended 
 
 Iramat^animosa ermine fumunt. Juve. 
 Therefore our Saviour (who came to make the Law per- 
 fect in charity ) commands rather that we would turne 
 the other cheek to receive a (ccond blow, then vindi- 
 cate the firft with private rancour. If wc remit our 
 Vvrongs to the Magiftratc he ( not ha- V How Clemen- Tt 
 vingour perlonallpaffions) candocPcyand puniftvV 
 
 Ju/ticc with prefcrvation of Charity, J mem goe toge-C 
 ecaufe he being oblig'd in all his fen- tner * J 
 
 tences to incline to that which is moft favourable for the 
 dclwqiicnt y bis punifhments necejfarily brteajtream of Cle- 
 mency atoayes running tbmigb tbemi So that it is not con- 
 trary to charity to have recourfc to the charitable Magi, 
 ftrate, as our Saviour and Saint Taul by their examples 
 and words allow. 
 
 6. But inalithisitistobewellobfcrved , thataei- 
 therof them countenance any revengeful 1 retaliation. 
 What therefore is revenge * Some fityf What Revenge 1 
 revenue is when there is more in the c "*• S 
 
 puni&aicntthcnwuinchcfailit; But this is not unna- 
 
 email 
 
(lOO> 
 
 tiu-Ii oJanjuit , becau/e there is no reafon that the inno* 
 cents and nocents fufferings fhould be alike, for then 
 punifhments would not be ib effectual! toterrifie others, 
 nor to give future fecurity to innocence. 
 
 Scblubtingitit defines it thus ; Vinditta eft pam qua 
 nulUm^er am injuria aut damu illaU compenfationem- conti+ 
 net ; revenge is apimijhment ^Heb container no reall conn 
 penfation of an injury or of harm* done ; as of an eye fot 
 an eye > a tooth for a tooth : but this definition is not 
 perfect, and is too negative ; Seneca comes fbrne what 
 clearliertoit when he defines it, VindiHa e/lvoluptaf w- 
 
 {Sen cfc rran 7 bumam , qua alienis deleUatur malts , and 
 an. c 15. J the Poet likewife, when he faith 
 
 <Delellant bebetes !d/fo UB or e>fc cures, 
 
 lnYidiofi dabic minimm Solatia fanguis, Juve. 
 
 Revenge therefore is properly an infblent delight m 
 the fufferings or painesof another, whom we judge 
 to have injured us, which pames refiding in the per/on 
 of the uifferer, arc not naturally fitted to produce a coiv. 
 traryfenfeof /oy in the peri on of a ftander by, nor to 
 transferre any leal! profit to him in the way of compen- 
 iation J and therefore it is no part of Juftice, and confe- 
 quentlyisunjawrull. Juftice repreients a malefactors 
 paines to us y not to excite delight but feare , Vt pan't 
 minsjitmetus'multorum. The paines and difeafes of o- 
 tkers naturally Communis te thcmfelves more then 
 their joyes and healths can : Neither hath any mati fitch- 
 a high fenfe of joy as of pame^ from whence; the greatcft 
 reientments ought to be of pain e. 
 
 <Dum /fettant lafos &culi 3 laduntnr (? ipfi. 
 Nay, man is notable to ftand his joyes ; for fbme- 
 times there areftieh profa/ions of the heart as kill imme- 
 diately y and a laugh may be io heart y as to draw tears 
 along with ic in the eye : which is, becaufe nature 
 eommin^ out of imperfecYion and nothing, carries al- 
 wayes along wkhiticlfea difpofttion to ruine , and a 
 Psrta Sd£/>M, trcacherouflyto let in. a thou/and Enemies 
 upon us. From the juft apprehension of wh ich we con - 
 
 elude, 
 
(i90 
 
 dude, that if they who take a delight in the f Rom. > 
 pleafing and fenfiiall finnes of others, orTendL»^2. ? 
 more then thofe others who commit them ( becaufe they 
 cannot pleade iuch a violence offer'd to their fenfesas 
 thefe can) then they who raife a delight out of the paines 
 of others, are more blameablethen the former, or then 
 they who upon paflion or fury inflidc thole paines on the 
 iufterers. Wherfore revenge fcemes to be even beyond in- 
 jufiice ; tor this ordinarily aimes at fbme pofitive con- 
 venience either in lecurity, profit or honour, though it be 
 by the mine of another ; but the a& of revenge begins 
 when all tins is done, and infults like Tarquins Queene, 
 who when her father King S. Tullius was murthered and 
 throwne into the Greets, (he drove her Chariot over his 
 body,at which fight her horfes were frighted,but (he fate 
 fort as in a Triumph, Super cruenttm patrem, itettacar- 
 pento, consternates equosegit. Flo. 
 
 This was that which made the fweet in CaUlins ban- 
 quet, in which he and his complices drankea Round in 
 tkeir owne bloods ; an a<5l laid to be Very horrid, Tbereit 
 not for the caufe "tobicb This more horrid, 
 
 7, As for Enmities (which are C Our difpof.tions ro ? 
 fomefteps and conveyances to Re- < Enmity and A- > 
 vengej/we are di/pos'd to them, be- C m «v- > 
 
 fore we are borne, and continue them after we are dead, 
 and all without contradi&ion: For Jacob and Efauquzi- 
 rell'd in their mothers wombe, and as fbone as they had 
 received their- fignaturcs. The learned Cujaciws tnifliqg 
 preferment in his owne Towne of Tboloufe, and the late 
 Duke oflfabdn receiving many difobi igations at Court, 
 concurred both (perhaps accidentally ) in this one Epi- 
 taph, which they would have their afhes alwaies hold 
 out as a flag of defiance, the one at fBourges, the other at 
 Gene')? J* 
 
 IngraUpatriane off* quidem babebit* 
 
 Yet Kature difpofes us powerfully to Amity : for the 
 
 rj feeblenefle and indigence of new- C The convenience of J 
 
 borne Infants hath this good in it,< o»r king borne in> > 
 
 that they are thereby immediately L potenc. j 
 
 ingaged 
 
('9 1) 
 
 imaged to love their Parents who oncly provide for 
 tnem, 
 
 Ore Volatpleno mater jejuna ; 
 And confequcntly to have a reciprocal! care of then* Pa- 
 rents feeblenelle, when old age fhail ieize on them ; be- 
 sides, Children are by their native impotencies inured to 
 obedience, and thereby fitted forfociety, and in this uni- 
 on nature leaves them : Policy afterwards feekes to 
 ftrengthen it by the Allyances of marriagejkinreds^rts, 
 commerce, &c. Then comes Religion which (eeks f 
 cover all the others defects and differ ences, reducing us 
 to the unity of our beginning and of our end. Yet for all 
 this, L ove is not fecured nor fortified enough ; for thofe 
 generall caufes produce contrary efTc&s when they are 
 applied to the particular conditions of men, as the Sun 
 C Why there are more 7 doth, when it produces Poyfbn in 
 ^Enmities then Uni- > one place of the earth, and an An- 
 ions. J tidote in another : Befidcs, Po- 
 licy hath multiplyed the objects of our love by the goods 
 ©f opinion, and reafon ordinarily is debaucht away by 
 fence, and every part of the body is made of contraries ; 
 and w ithout them, would not be able to keepe our heai 
 alive, toco-a6t,or move from place to place ; yea,nature 
 hath made us with the fame inciinations to the fame I 
 things, which we cannot aJlpeffefTe together. From all 
 which we may jufily conclude, That there muff needs bee 
 more Enmities then Anions in the "toorld, and that many will 
 draw matter of hatred out of that, which another will 
 take to be a Principle of Love. 
 
 Sapiens rifum ubi flultus ir&m colligit. Pute : 
 But as a little winde eaiily defeats thole Armies 
 Why Religion ^ which are form d in the aire by the 
 makes more En : (.accidental! incounters of Clouds, c- 
 mines then Un<- f vcn f me fpirit of grace working in 
 om * ' the heart of a Chriftian, eaiily dif. 
 
 pels all thofe cruelties whic'i the fumes of our pafTions 
 mav raife in us againft our Enemies : A generous dog , 
 Will nocturne againft tnoie lirtle ones which alwaies 
 run barking after hinyieirha; fliouli we be alarm d at e- ' 
 
 very' 
 
(193 ) 
 very peevifh injury. G ur Enmities therefore ordinarily 
 come from a mixt principle, inrefpecl: of our Natural! 
 and Civill ftate,and through our different pretentions in 
 the Commerce of the world ; But our Amity comes 
 ftrongeft from JSUture $ with which it is very intimately 
 allyed , and therefore ought to be the oyle to iwim at top 
 wheniocver any other vapour of choice would rile up 
 to put u s into a tempeft. Moft equall therefore it is that 
 .we (houlc be ready to love our very Enemies 9 to turnc 
 the other cheek, rather then by private and immediate 
 retaliation hunt after a revenge , and fo, readily to give 
 tiie other coat, which is a covering only of another co- 
 vering, Lex entmnon curat de minimis. Yet this love on 
 I one hand mutt be without imputation of cruelty on the 
 other, and for feare of dif pleating the thiefe I mi .-ft not 
 let him lecurely diipoile the i rrhclin of all his fubfi- 
 ftence^ left I be worfe then an Inhdell. E quity there- 
 fore looks to Equalitv bqtinn quantity and quality, and 
 when one icale is defrauded- to '(way the other, ir fets 
 it right and moderates it againe, and this temper is a pi- 
 ous Pence. 
 (Duos aquato examine Lances fuftinet. Virg. 
 
 Obj. Se$. 8. icblichtingius ohjecls that there is no 
 equity) or equality in a tooth for a 
 An eye for an eye, a blow for at 
 for in this refhtution , that which 
 ken from the one is not retiWed to the other , but both 
 one and the other have lerTe then they had before. One 
 inans eye will not fit another mans head, nor one mans 
 tooth another mans mouth. 
 
 Anf, I know not what this concludes, fave, thnc 
 fuch a kinde of retaliation is intrinlecallv againft E- 
 quity and the nature of Compenfation ; But then ic 
 condemnes this Law a mom* J ewes ( which is impious * 
 aswellasamongCh viftians, and (b concludes nothing 
 againft the preient queflion , but leaves us in the /a.nc 
 Jufticewhidi the Jeweshad-fceforeChriftscime; whki 
 indeed is Q.Hodats and other interpreters opinion upor. 
 Exod, 2 i . 24, and that eye for eye,, tooth for tooth wo 
 
 C en % 
 
 opjects tnat mere n no 
 a tooth, C Whether eye ? 
 blow ;< for eye be , > 
 chista- cEquuy, > 
 
only phrafes to fenine in generall , That" punifhments 
 ought to be proportioned to offences • They are to be ta- 
 f M , "I ken literally, no more then Saint Af^. 
 
 ^Mattn. 5. *9- $ theWi command for pulling out our 
 bvvne eyes, and cutting oft our hinds. Of thefc 1 awes 
 therefore we (hall (ay as the Ci vill I. aw faith oftbmc o- 
 ther, Valeant eomodo quoValere pojfunt However Tdiftin- 
 guifh betwixt Equity itobicb is generally and Compenfation 
 %hicb is more particu'.ur ; not but that I conceive Equity 
 is where compenfation is .,. but tha* equity may extend 
 furthcr,and be there where compenfation cannot be ap- 
 plied. Though an eye for an eye bee againft compen- 
 fation in particular, yet if it were i-.i Hided it would not 
 fee againft Equity in generall, becaufe it might preferve 
 other eyes, not yec put out, by representing the torture of 
 the malefactors eye. Capital! Juftice which was infti- 
 tuted by God, was more for the affi i°htment of others, 
 then for the amendment of the fufferers,as in Ananias and 
 Stphyra, Corah and Vatban, &c. 
 
 SzinifauCs advice and Limitation of this Text is 
 fitteft to conclude this Argument, Horn. 12. 18 17. If it be 
 PQsfibk.andasmiicbaslietb in you, baVe peace Tbitb all men : 
 as if he fhould have faid, It is posfibleyou may bee con 'Trai- 
 ned to brea\etbe bond of peace, but let not that necefiity come 
 fromyoUfOndibenyoufbdllbeguiltleJJe, and Epbef. 4.26* 
 Be angry but fin not: difcountenance injufticc and im- 
 piety, but fo^as to be al waies difpos'd toentef taine peace, 
 idem pads eris mediufyue belli, Hor 
 
 Obj.SeB. 9. Under the L&in 3 Deut. 13. They were not 
 io peremptorily commanded to go to war in vindication 
 of their owne rights, as they were to war againft thofe 
 who profeft falfe Religion ; and the cafes of war were 
 not Specified, but the cafes of falfe-worfhip were, as be- 
 ing mperiour to all other interefts. But now under the 
 Gofpel we arc forbid the greater, which is to flay thofe 
 of falfe Religions; therefore wee are forbid the leffe, 
 which is to flay in Warre for fbmeprivateinjufticeoffe- • 
 red us. 
 
 A. To thiS'Iahiwer, That though the Apoftles in 
 
 plan- 
 
planting the Gofpcl had no dired ^concerning killing 
 Commimon to kill , but to hclpe Wor Religion, and 
 to late Idolaters, yet when they \vhywee maymore( 
 met vvith notable interruptio from^peremprorily, flay 
 thole who profeft Religion, but Jmen now ft civil l,\ 
 werenOtfaithfull to it, rhey pro- ( then for Ecc!efa- 
 cceded to high punifhments, as in ft,ck wufes. 
 Ananias, sapbyra, and Elymas, who endeavored to hinder 
 the Proconfuls conversion, A Hi 1 3 . By the 1 aw of <Deut. 
 13. The l/raelites ml ht have (toned an JEgyptian.vjho at 
 Jerufalem fhould have perlwaded anv to worfhiphis 
 Country Idols, when perhaps it was not lawfull whilft 
 they liv'd among the Mgyptians, & the Idols themfeives, 
 at whick time the jfraelites were noc Magjftratcs among 
 them. Evenfo, if any man (hould allure us co a wor- 
 ship contrary to the light of nature, no qucftion but the 
 Magiftrateisftillobligd to punifhand reftrainciucha 
 pervcrcer. 
 
 But every difference in Religion, makes not another 
 Religion. For the Pharifees, Saduces and EfTens.thougfi 
 they differ'd in high points which the i aw fpoke not 
 clearely to, yet they went altogether to the Ume Altars, 
 and Sacrifices ; and for that reafba were not throwne 
 , out the Temple. As Religions are now commonly dif- 
 / ferenc't and callVf, we may fay, that it is harder now to 
 know which are the falfc, then was anciently; and a 
 civili crrour or offence is moiecert >inely knownethena 
 Theologically and fo may be more peremptorily punifht 
 by us. Heretofore all Religion was expreft in a confor- 
 mity to Yiftble Ceremonies, but now God will be ferved 
 by that which is written retiredly in the hear:, Ur. 31. 
 and demands that,as an inward f icrifice. Of thofe who 
 transforme themfei ves into Angels of light, there is no 
 outward character wherebv we might be able r odiftin- 
 guifh of them, fo that no won ler if they may almoft de- 
 ceive the very Ele&. Therefore in foure refpeds it is 
 d^erous rigidly to punifh f in per/on or cftate ) 
 peaceable diffenters in Religion thus difference and 
 underitood. 
 
 O 2 Firft, 
 
Firft, In regard of the falliblencfTe of judgement, in 
 that whicii we may judge now Hereticall. For that at 
 one time hath been judged Hereticall, which at an other 
 hath been cfteemed < rthodox; and moft men living 
 arc ingag'd to their Religions and Fonts when they 
 know nothing at all. 
 
 Secondly, Jfn regard of the Heretique or diflenter him- 
 felfe, how he is affected within : we know not who die 
 well, nor who die ill : God (onely) knowes his ownc, 
 2 Tim. 2.1. 
 
 Thirdly, in regard of the future event, whether that 
 which is now tares , may not afterwards.' become 
 wheat ; for by hearing, a man may come to change his 
 opinion. KoIUe ante ttmpus judicare. I Co^.4.5. 
 
 Fourthly, In regard ofothers, left punimment thus in- 
 flicted on ibme, make not others either hypocrites or 
 morcobftinate 
 
 B ut as for humane rights and injuries they are eafilier 
 
 {CiviH nghrs "7 known, and therefore the Magittrate 
 eafiiy i nowne J may be the more peremptory in puni- 
 /hing them. Hence Gallio the Deputy of Achats, Alt. iS. 
 12, 1 3, 1 4. anfwered pertinently to the J ewes, when they 
 brought Paul before him for teaching a worfbip contra- 
 ry to the x aw ; if it Were a matter of Wrong or Wicked leWd± 
 neffe, ye leWcs, reafo • Would that l fhould beare With you : N 
 Likewile the Town-Clerke of Ephefus, AtL 19.38 ,39. 
 prudently advertized the people in their uproare about 
 jW5preaching,(aying,/( ye hate a matter againfl any man, 
 the La)b (which was Capitall ) is open, and there are Depu- 
 ties, let them implead one another : but if ye enquire any thing 
 about other matters, itjhallbe determined in a laWfull ajfem- 
 hly : Wherefore Paul in a Civill caufe and as a man, 
 rightly appeal d to Cafar, and in a divine as a Chriftian, 
 to God, who referves a day of judgement to account for 
 all that which we as his Servants have done, or have 
 omitted to doe to others for his fake. Hee who thinkes 
 himfelfe competent enough to juoVe of rhis here,is Nimis c 
 curio fus in aliens republics \ and will doe well to remem- 
 ber 
 
( 197) 
 bet what Saint Paul faith to him, %om. 14, 4, Wbatt/t 
 thou that judge/l another mansferVant > To bis o^ne Matter 
 he Bandetb orjalletb. The evidence of the Chrifiian Re- 
 ligion depends on the evidence of the Hiftory of ancient 
 h& ; as of Chrifts being in the world, of his Reiurrecli- 
 on, Afcenfion, &c. but thefe cannot be cfearely eviden- 
 ced to us now, butbythelpiritofGod, which hee lends 
 not into the heart of every man for rea/bns fecrct to him- 
 felfe, and for which we cannot fafely undertake to afc 
 flic* or kill any man here. 
 
 Obj z.Setf.io.Scblickingiusobje&s, That the depri- 
 ving a malefactor of his iife,deprives him of Repent mce, 
 and that deprives him of Heaven-: whereas Chrift came 
 not to take away, but tofecure and fave the lives of men* 
 Therefore Warre is againft the L aw of the Goipell. 
 
 A. To this I anfwer,That we cannot ( Of the repen- J 
 tell when men doe really repent, al- < ranee of Mac- £ 
 though they might h a ve time enoug h : I favours. j 
 Nay, they will be very few who will /ay they have time 
 enough, by rcafon of the terrour ana diftraitions of 
 death. Moreover God himfelfe doth not ahvaies remit 
 all punifhment to tho/e who repent 3 and iceke him in 
 teares, witneffe "Efau and (David : and fbme there are, 
 who are fbhardned,that time cannot mend them, where- 
 ^fore the fooner they ceafetododi, the becter. Ufually 
 Magiftrates allow a convenient ipace of n ne for the re- 
 conciling of a/ouletoGod; and though thev did not 
 give any quantity of time, yet a little tim? well quali- 
 fied may be e nough for that a& ; O ne good^ moment is 
 enough to convev a fbule to Heaven, witnefle the T hiefe 
 on the Croffe. For as they are the la ft and the fmalleft 
 touches of the pencil 1, which give life to the picture 1 
 even (o they are the laft, though the fiiorteft compuncti- 
 ons, which reftore life to the dying ibule. 
 
 Ob. We are to imitate Chrift who dyed for the bad 
 as wel as for the good. 
 
 A. I anfwer, That Chrift died, not as having beer* 
 obliged to it by a Law,but by a voluntary contract with 
 his father. Without doubt God having more right irt 
 
 O3 ou£ 
 
098) 
 our lives^ tjjen we have our feives, could have obliged j 
 us patiently to be kill'd upon any cccafion, rather then 
 to kill, but that we here deny, and is now the Qucftien. 
 Ob. .'ctt.ii. Chnft badger put up the fword, there- 
 fore it is not lawfull for Chriitians to draw it out. 
 
 An. I anfwer, That it is lawfuil for us to pray one for 
 C Concerning Peters 1 another : but after we know God's 
 < fheathing of his > abfolute decree againft iuch a thing, 
 I fword. 3 we may not pra^ him to give it us. 
 
 Cur Saviour told Peter in the company of others, that 
 Gods decree was, himlelf fhould lurr'er at Jerufalem, yet 
 Fcter after the knowledge of this from Chnfts divine 
 mouth, told him it fhould not be, whereupon our Sa- 
 viour juftlycaU'd him !S attain, asinStio^w. After this, 
 wben.Qur Saviour had told his Diiciples, that the houre 
 was now come according to Gods determin d will, !Pe- 
 ttrapaincwasfovaine as to promiie him protection by 
 his iword, which as itvyas oppohte to Gods decree, lo 
 our Saviour v\ ould not make ufe of it, no nor of Let-ions 
 of Angels . Wherefore the force of this objection fhews 
 onely, that there may bean occafion when a man may 
 not warrantably draw his Iword, which is very true,but 
 not to the purpofe. 
 The conciufon, *^ 1.2. But upon what caufes a majj 
 .perfwad ngis nor /may draw his fword,ormake War^ . 
 Iwirhom extreme V 1S not the fcope of this Difcourie, 
 incccfliry to draw ( w i cri is deduced out of a War alrea- 
 or make life o I \ dy f ormed and bv wnich j hope ft 
 the naked Sw ord. J is nQW provcdj tnat fome War may 
 
 fee lawfull both by the Laws of Nature, and of Chi lit ; 
 though I confcfle he may do beft, who doth not a] waies 
 
 tlX ^ venlo a jult vindication or an injury is fill per> 
 mitted but pa tit nee is more commendable f fnrria 1 ! Yj 
 wh ejTm Wa fwe arc toi the molt part affifted.to dbiie- < 
 f orm d a pailion nsFub iauelmp attej^ i^ (which is the or~ 
 "cOHary complexion of Vvaf' ) andwhen;rji? iaj 
 
 cm* 
 
v ^9 j 
 
 complained of, hinHer not our particufar /bcTetv wkh the 
 Ifrfu feK, nor the gcnerairWflCr; tlf UlWUlMy H lflB. 1 o 
 kitl xFBeupona'ma'hs forehead we are not to knockout 
 his toaines: but m the transport or pal lion we may ea i "|/ 
 (as it w ere; run a way with our ielves> 
 - t ~^rtMequn i dU}ili\WdudihctorusM Vir . 
 
 'Tis this and Revenge which poi/bns Juftice, even as 
 ^cro'* debauchd and foule body did the facred fountain 
 of Mars, in which he had the impudence to bath him- 
 felfc immediately after his rioting, Videbatur potus facros 
 tsr caremohiam loci toto corpore poluiJJ'e. Tacit, 
 But how much happier arc they who try their ftrengths 
 by bearing the heavier* burthens, and though fpurrd 
 bv the quick fenfe of their own Luffs, yet flye not hea- 
 dilyout? Something there is in the mannagin g of the 
 beft ofFenfi ye War which is diffieahng to God^^EHeT^ 
 wiie he would no t have excepted agarnltfldV/rfsZ eale 
 for bnilclin^nim a hoffle^ only bemue he had^tefTa 
 mJtfaceifton^dTTIe^^^ 
 
 he i ought were laid to be the Lords. Humility and 
 meekneffe of fpirit, with our affifting to carry one ano- 
 thers burdens, to be ofc in duft and afhss, will (if it be 
 pofsibleJ give us that peace here which will nottraveiie 
 our better repofe hereafter Some Phyfitians doubt not 
 but if the { Di mend could be pouder'd as wel I as Alabla- 
 fier> it would be as good an Antidote as it, and not ope- 
 rate.with (uch poiion ; Even 10 if we could reduce our 
 affections by a hncere mortification and humility, we 
 fhould not only be void of Venomeour (elves, but have 
 a pre/ervative^or an AmuJetum againft others who would 
 taint us. A fmall thing ofc times hath the power to re- 
 drefle a great inconvenience,yea, to take up a cruel 1 feud, 
 as Virgil faith of that of Bees when they are actually in- 
 gaged in battaile. 
 
 Himotm tnimorum, at que bxc certamina tanta, 
 Fuheris exigui jdtu. comprejfa quiejeunt. 
 
 Godlineffe with content is great gaine: Ucob till he 
 
 had 
 
hacLLn ft God an houfe de fi r ed no m ore of him, than* 
 breTdToe^ Geh.iK.' 
 
 2C.~ffv aP'wliich y\'c may fee how much of our rights 
 we ought to forgor, before we come to the naked fword, 
 in which Tragedy we muft either be fpe&atours of 
 other mens deaths.orfpedracks of our own. 
 
 FINIS. 
 
 
7 
 
 / 
 
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