Cases of conscience practically resolved containing a decision of the principall cases of conscience of daily concernment and continual use amongst men : very necessary for their information and direction in these evil times / by Jos. Hall.
         Hall, Joseph, 1574-1656.
      
       
         
           1654
        
      
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             Cases of conscience practically resolved containing a decision of the principall cases of conscience of daily concernment and continual use amongst men : very necessary for their information and direction in these evil times / by Jos. Hall.
             Hall, Joseph, 1574-1656.
          
           
             The third edition much inlarged.
          
           [22], 399 p. : port.
           
             Printed by R.H. and J.G. and are to be sold by Fr. Eglesfield ...,
             London :
             1654.
          
           
             "To the reader" reads: "Higham near Norwich, March 29, 1650."
             Running title reads: Divers practicall cases of conscience resolved.
             Has engraved portrait frontispiece.
             Reproduction of original in the Harvard University Library.
          
        
      
    
     
       
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         eng
      
       
         
           Casuistry.
           Conscience.
        
      
    
     
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               VERA
               EFFIGIES
               REVERENDI
               DO●●
               IOSEPHI
               HALL
               NORWICIEPIS
               COPI
               .
            
          
        
         
           This
           Picture
           represents
           the
           Forme
           ,
           where
           dwells
           ▪
           A
           Mind
           ,
           which
           nothing
           but
           that
           Mind
           excells
           .
           There
           's
           
             Wisdome
             ,
             Learning
             ,
             Witt
          
           ;
           there
           Grace
           &
           Lov●
           Rule
           over
           all
           the
           rest
           :
           enough
           to
           prove
           ,
           Against
           the
           froward
           Conscience
           of
           this
           Time
           ,
           The
           Reverend
           Name
           of
           BISHOP
           is
           no
           
             Crime
             ▪
          
        
      
       
         
         
           CASES
           OF
           CONSCIENCE
           
             Practically
             Resolved
          
           :
           CONTAINING
           A
           Decision
           of
           the
           principall
           Cases
           of
           CONSCIENCE
           ,
           of
           daily
           Concernment
           ,
           and
           continual
           Use
           amongst
           Men.
           
        
         
           Very
           necessary
           for
           their
           Information
           and
           Direction
           in
           these
           evil
           Times
           .
        
         
           The
           third
           Edition
           much
           inlarged
           .
        
         
           By
           JOS
           :
           HALL
           ,
           B.
           Norwich
           .
        
         
           LONDON
           ,
           Printed
           by
           
             R.
             H.
          
           and
           
             J.
             G.
          
           and
           are
           to
           be
           sold
           by
           
             Fr
             :
             Eglesfield
          
           at
           the
           Marigold
           in
           S.
           Paul's
           Church-yard
           .
           1654.
           
        
      
       
         
         
         
           To
           the
           READER
           .
        
         
           OF
           all
           Divinity
           that
           part
           is
           most
           usefull
           ,
           which
           determines
           cases
           of
           Conscience
           ;
           and
           of
           all
           cases
           of
           Conscience
           the
           Practicall
           are
           most
           necessary
           ;
           as
           action
           is
           of
           more
           concernment
           than
           speculation
           :
           and
           of
           all
           Practicall
           Cases
           those
           which
           are
           of
           most
           cōmon
           use
           are
           of
           so
           much
           greater
           necessity
           &
           
           benefit
           to
           be
           resolved
           ,
           as
           the
           errors
           thereof
           are
           more
           universall
           ;
           and
           therefore
           more
           prejudiciall
           to
           the
           society
           of
           mankind
           :
           These
           I
           have
           selected
           out
           of
           many
           ;
           and
           having
           turned
           over
           divers
           Casuists
           ,
           have
           pitch't
           upon
           these
           Decisions
           ,
           which
           I
           hold
           most
           conformable
           to
           enlightened
           reason
           ,
           and
           religion
           :
           sometimes
           I
           follow
           them
           ,
           &
           sometimes
           I
           leave
           them
           for
           a
           better
           Guide
           .
        
         
         
           In
           the
           handling
           of
           all
           which
           ,
           would
           I
           have
           affected
           that
           course
           ,
           which
           Seneca
           blames
           in
           his
           Albutius
           ,
           to
           say
           all
           that
           might
           be
           spoken
           ,
           I
           could
           easily
           have
           been
           more
           Voluminous
           ,
           though
           perhaps
           not
           more
           satisfactory
           .
           If
           these
           lines
           meet
           with
           different
           judgments
           ,
           I
           cannot
           blame
           either
           my selfe
           ,
           or
           them
           .
           It
           is
           the
           opinion
           of
           some
           Schoolmen
           (
           which
           seems
           to
           be
           made
           good
           by
           that
           
           instance
           in
           the
           Prophet
           Daniel
           *
           )
           that
           even
           the
           good
           Angels
           themselves
           may
           holily
           vary
           in
           the
           way
           ,
           though
           they
           perfectly
           meet
           in
           the
           end
           :
           It
           is
           farre
           from
           my
           thoughts
           to
           obtrude
           these
           my
           Resolutions
           as
           peremptory
           ,
           and
           magisteriall
           upon
           my
           Readers
           ,
           I
           onely
           tender
           them
           submissely
           ,
           as
           probable
           advises
           to
           the
           simpler
           sort
           of
           Christians
           ;
           
           and
           as
           matter
           of
           grave
           censure
           to
           the
           learned
           .
        
         
           May
           that
           infinite
           Goodnesse
           to
           whose
           only
           glory
           I
           humbly
           desire
           to
           devote
           my selfe
           and
           all
           my
           poore
           indeavours
           ,
           make
           them
           as
           beneficial
           ,
           as
           they
           are
           wel-meant
           to
           the
           good
           of
           his
           Church
           ,
           by
           the
           unworthiest
           of
           his
           Servants
        
         
           
             Higham
             near
             Norwich
             ,
             
               March
               29.
               1650.
               
            
          
           
             
               J.
               H.
            
             B.
             N.
             
          
        
      
       
         
         
         
           
             The
             CONTENTS
             of
             the
             first
             Decade
             .
          
           
             Cases
             of
             Profit
             and
             Traffique
             .
          
           
             
               I.
               WHether
               it
               be
               lawfull
               for
               me
               to
               raise
               any
               profit
               by
               the
               loane
               of
               Mony
               ?
               
                 p.
                 1
              
            
             
               II.
               Whether
               may
               I
               not
               sell
               my
               wares
               as
               deare
               as
               I
               can
               ,
               and
               get
               what
               I
               may
               of
               every
               Buyer
               ?
               13
            
             
               III.
               Whether
               is
               the
               Seller
               bound
               to
               make
               known
               to
               the
               Buyer
               the
               faults
               of
               that
               which
               he
               is
               about
               to
               sell
               ?
               19
            
             
               IV.
               Whether
               may
               I
               sell
               my
               commodities
               
               the
               dearer
               for
               giving
               dayes
               of
               payment
               ?
               24
            
             
               V.
               Whether
               and
               how
               farre
               Monopolies
               are
               ,
               or
               may
               be
               lawfull
               ?
               30
            
             
               VI.
               Whether
               and
               how
               far
               doth
               a
               fraudulent
               bargaine
               binde
               me
               to
               performance
               ?
               38
            
             
               VII
               .
               How
               farre
               and
               when
               am
               I
               bound
               to
               make
               restitution
               of
               another
               mans
               goods
               remaining
               in
               my
               hands
               ?
               47
            
             
               VIII
               .
               Whether
               and
               how
               farre
               doth
               a
               promise
               extorted
               by
               feare
               ,
               though
               seconded
               by
               an
               oath
               ,
               binde
               my
               Conscience
               to
               performance
               ?
               54
            
             
               IX
               .
               Whether
               those
               moneyes
               ,
               or
               goods
               which
               I
               have
               found
               may
               be
               safely
               taken
               ,
               and
               kept
               by
               me
               to
               my
               owne
               use
               ?
               61
            
             
               
               X.
               Whether
               I
               may
               lawfully
               buy
               those
               goods
               ,
               which
               I
               shall
               strongly
               suspect
               ,
               or
               know
               to
               be
               stollen
               ,
               or
               plundred
               ;
               or
               if
               I
               have
               ignorantly
               bought
               such
               goods
               ,
               whether
               I
               may
               lawfully
               (
               after
               knowledge
               of
               their
               owner
               )
               keep
               them
               as
               mine
               ?
               66
            
          
        
         
           
             The
             CONTENTS
             of
             the
             second
             Decade
             .
          
           
             Cases
             of
             Life
             and
             Liberty
             .
          
           
             
               I.
               WHether
               and
               in
               what
               cases
               it
               may
               be
               lawfull
               for
               a
               man
               to
               take
               away
               the
               life
               of
               another
               ?
               p.
               71
            
             
               II.
               Whether
               may
               I
               lawfully
               make
               use
               of
               a
               Duel
               for
               the
               deciding
               of
               my
               right
               ;
               or
               the
               vindication
               of
               my
               honour
               ?
               81
            
             
               
               III.
               Whether
               may
               it
               be
               lawfull
               in
               case
               of
               extremity
               to
               procure
               the
               abortion
               of
               the
               Child
               for
               the
               preservation
               of
               the
               Mother
               ?
               89
            
             
               IV.
               Whether
               a
               man
               ,
               adjudged
               to
               perpetuall
               imprisonment
               ,
               or
               death
               ,
               may
               in
               conscience
               indeavour
               ,
               and
               practice
               an
               escape
               ?
               101
            
             
               V.
               Whether
               and
               how
               farre
               a
               man
               may
               be
               urged
               to
               an
               Oath
               ?
               108
            
             
               VI.
               Whether
               a
               Judge
               may
               upon
               allegations
               ,
               proofes
               and
               evidences
               of
               others
               ,
               condemn
               a
               man
               to
               death
               ,
               whom
               he
               himselfe
               certainly
               knowes
               to
               be
               innocent
               ?
               117
            
             
               VII
               .
               Whether
               and
               in
               what
               cases
               am
               I
               bound
               to
               be
               an
               accuser
               of
               another
               ?
               129
            
             
               VIII
               .
               Whether
               a
               Prisoner
               indicted
               of
               a
               felonious
               act
               ,
               which
               he
               hath
               committed
               ;
               
               and
               interrogated
               by
               the
               Judge
               concerning
               the
               same
               ,
               may
               stand
               upon
               the
               denial
               ,
               and
               plead
               not
               guilty
               ?
               136
            
             
               IX
               .
               Whether
               and
               how
               farre
               a
               man
               may
               take
               up
               armes
               in
               the
               publique
               quarrell
               of
               a
               warre
               ?
               143
            
             
               X.
               Whether
               and
               how
               far
               a
               man
               may
               act
               towards
               his
               owne
               death
               ?
               150
            
          
        
         
           
             The
             CONTENTS
             of
             the
             third
             Decade
             .
          
           
             Cases
             of
             Piety
             and
             Religion
             .
          
           
             
               I.
               WHether
               upon
               the
               appearance
               of
               evill
               Spirits
               ,
               we
               may
               hold
               discourse
               with
               them
               ,
               and
               how
               we
               may
               demean
               our selves
               concerning
               them
               ?
               161
            
             
               
               II.
               How
               farre
               a
               secret
               pact
               with
               evill
               Spirits
               doth
               extend
               ;
               and
               what
               actions
               and
               events
               must
               be
               referred
               thereunto
               ?
               174
            
             
               III.
               Whether
               reserving
               my
               Conscience
               to
               my selfe
               ,
               I
               may
               be
               present
               at
               an
               Idolatrous
               devotion
               ;
               or
               whether
               in
               the
               lawfull
               service
               of
               God
               I
               may
               communicate
               with
               wicked
               persons
               ?
               183
            
             
               IV.
               Whether
               vowes
               be
               not
               out
               of
               fashion
               now
               under
               the
               Gospell
               ;
               of
               what
               things
               they
               may
               be
               made
               ;
               how
               farre
               they
               oblige
               us
               :
               and
               whether
               and
               how
               farre
               they
               may
               be
               capable
               of
               a
               release
               .
               192
            
             
               V.
               Whom
               may
               we
               justly
               hold
               an
               Heretique
               ;
               and
               what
               is
               to
               be
               done
               in
               case
               of
               Heresie
               .
            
             
               VI.
               Whether
               the
               lawes
               of
               men
               doe
               bind
               the
               conscience
               ;
               and
               how
               farre
               we
               
               are
               tyed
               to
               their
               obedience
               ?
               210
            
             
               VII
               .
               Whether
               Tithes
               be
               lawfull
               maintenance
               for
               Ministers
               under
               the
               Gospel
               ?
               and
               whether
               men
               be
               bound
               to
               pay
               them
               accordingly
               ?
               219
            
             
               VIII
               .
               Whether
               it
               be
               lawfull
               for
               Christians
               ,
               where
               they
               finde
               a
               Countrey
               possessed
               by
               Savage
               Pagans
               and
               Infidels
               ,
               to
               drive
               out
               the
               native
               Inhabitants
               ,
               and
               to
               seize
               upon
               and
               enjoy
               their
               lands
               upon
               any
               pretence
               whatsoever
               ;
               and
               upon
               what
               grounds
               it
               may
               be
               lawfull
               so
               to
               doe
               ?
               233
            
             
               IX
               .
               Whether
               I
               need
               in
               case
               of
               some
               foule
               sinne
               committed
               by
               me
               to
               have
               recourse
               to
               Gods
               Minister
               for
               absolution
               ;
               and
               what
               effect
               I
               may
               expect
               there-from
               .
               249
            
             
               X.
               Whether
               it
               be
               lawfull
               for
               a
               man
               that
               is
               not
               a
               professed
               Divine
               ,
               that
               is
               (
               as
               
               we
               for
               distinction
               are
               wont
               to
               call
               him
               )
               for
               a
               meer
               Laick
               person
               ,
               to
               take
               upon
               him
               to
               interpret
               Scripture
               ?
               262
            
          
        
         
           
             The
             CONTENTS
             of
             the
             fourth
             Decade
             .
          
           
             Cases
             Matrimoniall
             .
          
           
             
               I.
               WHether
               the
               Marriage
               of
               a
               Son
               or
               Daughter
               ,
               without
               or
               against
               the
               Consent
               of
               Parents
               ,
               may
               be
               accounted
               lawfull
               ?
               285
            
             
               II.
               Whether
               marriage
               lawfully
               made
               may
               admit
               of
               any
               cause
               of
               Divorce
               ,
               save
               onely
               for
               the
               violation
               of
               the
               Marriage-bed
               by
               fornication
               ,
               or
               adultery
               ?
               296
            
             
               
               III.
               Whether
               after
               a
               lawfull
               Divorce
               for
               adultery
               ,
               the
               innocent
               party
               may
               marry
               againe
               ?
               311
            
             
               IV.
               Whether
               the
               authority
               of
               a
               Father
               may
               reach
               so
               farre
               as
               to
               command
               ,
               or
               compell
               the
               Child
               to
               dispose
               of
               himselfe
               in
               Marriage
               where
               he
               shall
               appoint
               ?
               322
            
             
               V.
               Whether
               the
               marriage
               of
               Cousensgerman
               ,
               that
               is
               ,
               of
               Brothers
               and
               Sisters
               children
               be
               lawfull
               ?
               331
            
             
               VI.
               Whether
               it
               be
               necessary
               ,
               or
               requisite
               there
               should
               be
               a
               witnessed
               contract
               ,
               or
               Espousals
               of
               the
               Parties
               to
               be
               married
               before
               the
               solemnization
               of
               the
               marriage
               ?
               343
            
             
               VII
               .
               Whether
               there
               ought
               to
               be
               a
               prohibition
               ,
               and
               forbearance
               of
               marriages
               ,
               and
               marriage-duties
               for
               some
               times
               appointed
               ?
               353
            
             
               
               VIII
               .
               Whether
               it
               be
               necessary
               that
               marriages
               should
               be
               celebrated
               by
               a
               Minister
               ;
               and
               whether
               they
               may
               be
               valid
               ,
               and
               lawfull
               without
               him
               ?
               361
            
             
               IX
               .
               Whether
               there
               be
               any
               necessity
               or
               use
               of
               thrice
               publishing
               the
               Contract
               of
               marriage
               in
               the
               Congregation
               before
               the
               celebration
               of
               it
               ;
               and
               whether
               it
               be
               fit
               ,
               that
               any
               Dispensation
               should
               be
               granted
               for
               the
               forbearance
               of
               it
               ?
               366
            
             
               X.
               Whether
               Marriages
               once
               made
               ,
               may
               be
               annulled
               ,
               and
               utterly
               voided
               ;
               and
               in
               what
               cases
               this
               may
               be
               done
               ?
               372
            
          
        
         
           
           
             ADDITIONALS
             to
             the
             fourth
             Decade
             .
          
           
             
               I.
               WHether
               a
               Marriage
               consummate
               betwixt
               the
               Unkle
               and
               Neece
               be
               so
               utterly
               unlawful
               ,
               as
               to
               merit
               a
               sentence
               of
               present
               separation
               ?
               383
            
             
               II.
               Whether
               it
               be
               lawfull
               for
               a
               man
               to
               marry
               his
               Wives
               Brothers
               Widow
               ?
               406
            
             
               III.
               Whether
               an
               incestuous
               Marriage
               contracted
               in
               simplicity
               of
               heart
               betwixt
               two
               Persons
               ignorant
               of
               such
               a
               defilement
               ,
               and
               so
               farre
               consummate
               as
               that
               Children
               are
               borne
               in
               that
               wedlock
               ,
               ought
               to
               be
               made
               knowne
               and
               prosecuted
               to
               a
               dissolution
               ?
               412
            
          
        
      
       
         
         
         
           I
           Have
           perused
           these
           foure
           Decades
           of
           Practicall
           Cases
           of
           Conscience
           with
           much
           satisfaction
           and
           delight
           ,
           and
           finde
           them
           to
           be
           ,
           in
           respect
           of
           their
           subject
           matter
           ,
           so
           profitable
           ,
           necessary
           and
           daily
           usefull
           ;
           and
           so
           piously
           ,
           learnedly
           and
           judiciously
           discussed
           and
           resolved
           ,
           that
           they
           seem
           unto
           me
           best
           ,
           though
           they
           come
           last
           ,
           (
           like
           the
           Wine
           in
           the
           marriage
           feast
           made
           sacred
           by
           Christs
           divine
           presence
           and
           miracle
           )
           and
           therefore
           doe
           well
           deserve
           (
           amongst
           many
           other
           the
           divine
           dishes
           and
           delicacies
           ,
           wherewith
           this
           right
           reverend
           ,
           pious
           and
           learned
           Authour
           hath
           plentiously
           furnished
           a
           feast
           for
           the
           spirituall
           nourishment
           and
           comfortable
           refreshing
           of
           Gods
           guests
           )
           both
           the
           approbation
           and
           commendation
           of
           all
           ,
           and
           my selfe
           amongst
           the
           rest
           ,
           though
           unworthy
           to
           passe
           my
           censure
           on
           such
           a
           subject
           .
        
         
           
             John
             Downame
             .
          
        
      
    
     
       
         
         
         
           RESOLUTIONS
           .
        
         
           
             The
             first
             Decade
             .
          
           
             Cases
             of
             Profit
             and
             Trafick
             .
          
           
             
               CASE
               I.
               
            
             
               Whether
               is
               it
               lawfull
               for
               me
               to
               raise
               any
               profit
               by
               the
               loane
               of
               money
               ?
            
             
               YOu
               may
               not
               expect
               a
               positive
               answer
               either
               way
               :
               Many
               circumstances
               are
               considerable
               ere
               any
               thing
               can
               be
               determined
               .
            
             
               First
               ,
               who
               is
               it
               that
               borrowes
               ?
               A
               poore
               neighbour
               that
               is
               constrained
               out
               of
               neede
               ?
               or
               a
               Merchant
               that
               
               takes
               up
               money
               for
               a
               freer
               trade
               ?
               or
               a
               rich
               man
               that
               layes
               it
               out
               upon
               superfluous
               occasions
               ?
            
             
               If
               a
               poore
               man
               borrow
               out
               of
               necessity
               ,
               you
               may
               not
               expect
               any
               profit
               for
               the
               loane
               :
               
                 (
                 Deuteronomy
                 15.
                 7
                 ,
                 8
                 ,
                 9.
                 )
              
               To
               the
               poorest
               of
               all
               we
               must
               give
               ,
               and
               not
               lend
               :
               to
               the
               next
               ranke
               of
               poore
               we
               must
               lend
               freely
               :
               but
               if
               a
               man
               will
               borrow
               that
               money
               (
               which
               you
               could
               improve
               )
               for
               the
               enriching
               of
               himselfe
               ;
               or
               out
               of
               a
               wanton
               expence
               will
               be
               laying
               out
               that
               which
               might
               be
               otherwise
               usefull
               to
               you
               ,
               for
               his
               meere
               pleasure
               ,
               the
               case
               is
               different
               ;
               for
               God
               hath
               not
               commanded
               you
               to
               love
               any
               man
               more
               then
               your selfe
               ;
               and
               there
               can
               be
               no
               reason
               why
               you
               should
               vail
               your
               owne
               just
               advantage
               to
               another
               mans
               excesse
               .
            
             
               Secondly
               ,
               upon
               what
               termes
               doe
               you
               lend
               ?
               whether
               upon
               an
               absolute
               compact
               for
               a
               set
               increment
               ,
               (
               what
               
               ever
               become
               of
               the
               principall
               or
               upon
               a
               friendly
               trust
               to
               a
               voluntary
               satisfaction
               according
               to
               the
               good
               improvement
               of
               the
               summe
               lent
               ?
               The
               former
               is
               not
               safe
               ,
               and
               where
               there
               hath
               been
               an
               honest
               endeavour
               of
               a
               just
               benefit
               disappointed
               either
               by
               unavoidable
               casualty
               ,
               or
               force
               ,
               may
               not
               be
               rigorously
               urged
               ,
               without
               manifest
               oppression
               .
               The
               latter
               can
               bee
               no
               other
               then
               lawfull
               :
               and
               with
               those
               that
               are
               truly
               faithfull
               and
               conscionable
               ,
               the
               bond
               of
               gratitude
               is
               no
               lesse
               strong
               then
               that
               of
               law
               and
               justice
               .
            
             
               Thirdly
               ,
               if
               upon
               absolute
               compact
               ;
               is
               it
               upon
               a
               certainty
               ,
               or
               an
               adventure
               ?
               for
               where
               you
               are
               willing
               to
               hazard
               the
               principall
               ,
               there
               can
               be
               no
               reason
               but
               you
               should
               expect
               to
               take
               part
               of
               the
               advantage
               .
            
             
               Fourthly
               ,
               where
               the
               trade
               is
               ordinarily
               certaine
               ,
               there
               are
               yet
               farther
               considerations
               to
               be
               had
               :
               to
               which
               
               shall
               make
               way
               by
               these
               undenyable
               grounds
               .
            
             
               That
               the
               value
               of
               moneys
               or
               other
               commodities
               is
               arbitrable
               according
               to
               the
               soveraigne
               authority
               and
               use
               of
               severall
               Kingdomes
               and
               Countries
               .
            
             
               That
               whatsoever
               commodity
               is
               saleable
               ,
               is
               capable
               of
               a
               profit
               in
               the
               loane
               of
               it
               ;
               as
               an
               horse
               ,
               or
               an
               oxe
               ,
               being
               that
               it
               may
               be
               sold
               ,
               may
               be
               let
               out
               for
               profit
               .
            
             
               Money
               it selfe
               is
               not
               onely
               the
               price
               of
               all
               commodities
               in
               all
               civill
               Nations
               ,
               but
               it
               is
               also
               ,
               in
               some
               cases
               ,
               a
               trafiqueable
               commodity
               :
               the
               price
               whereof
               rises
               ,
               and
               falls
               in
               severall
               countries
               upon
               occasion
               ;
               and
               yeeldeth
               either
               profit
               or
               losse
               in
               the
               exchange
               .
            
             
               There
               can
               be
               no
               doubt
               therefore
               but
               that
               money
               thus
               considered
               ,
               and
               as
               it
               were
               turned
               merchandise
               ,
               may
               be
               bought
               and
               sold
               ,
               and
               improved
               to
               a
               just
               profit
               .
            
             
             
               But
               the
               maine
               doubt
               is
               ,
               whether
               money
               meerely
               considered
               as
               the
               price
               of
               all
               other
               commodities
               ,
               may
               be
               let
               forth
               for
               profit
               ;
               and
               be
               capable
               of
               a
               warrantable
               increase
               .
               For
               the
               resolving
               whereof
               be
               it
               determined
               ,
            
             
               That
               all
               usury
               ,
               which
               is
               an
               absolute
               contract
               for
               the
               meere
               loane
               of
               money
               ,
               is
               unlawfull
               both
               by
               law
               naturall
               ,
               and
               positive
               ,
               both
               divine
               and
               humane
               .
            
             
               Nature
               teacheth
               us
               that
               metals
               are
               not
               a
               thing
               capable
               of
               a
               superfoetation
               ;
               that
               no
               man
               ought
               to
               set
               a
               price
               on
               that
               which
               is
               not
               his
               owne
               time
               :
               that
               the
               use
               of
               the
               stock
               once
               received
               ,
               is
               not
               the
               lenders
               ,
               but
               the
               borrowers
               ;
               for
               the
               power
               ,
               and
               right
               of
               disposing
               the
               principall
               ,
               is
               by
               contract
               transferred
               for
               the
               time
               to
               the
               hands
               of
               him
               that
               receives
               it
               ;
               so
               as
               hee
               that
               takes
               the
               interest
               by
               vertue
               of
               such
               transaction
               ,
               doth
               but
               in
               a
               mannerly
               
               and
               legall
               fashion
               rob
               the
               borrower
               .
            
             
               How
               frequent
               the
               *
               Scripture
               is
               in
               the
               prohibition
               of
               this
               practice
               ,
               no
               Christian
               can
               bee
               ignorant
               :
               And
               as
               for
               humane
               lawes
               raised
               even
               from
               the
               meere
               light
               of
               Nature
               amongst
               Heathen
               Nations
               ,
               how
               odious
               ,
               and
               severely
               interdicted
               usurary
               contracts
               ,
               have
               been
               in
               all
               times
               ,
               it
               appeares
               sufficiently
               by
               the
               Records
               which
               wee
               have
               of
               the
               Decrees
               of
               a
               Egypt
               ,
               of
               Athens
               ,
               of
               Rome
               ;
               and
               not
               onely
               by
               the
               restraint
               of
               the
               Twelve
               Tables
               ,
               and
               of
               Claudius
               and
               Vespasian
               ;
               but
               by
               the
               absolute
               forbiddance
               of
               many
               popular
               statutes
               condemning
               this
               usage
               :
               Tiberius
               himselfe
               ,
               though
               otherwise
               wicked
               enough
               ,
               yet
               would
               rather
               furnish
               the
               Bankes
               with
               his
               owne
               stock
               ,
               to
               bee
               freely
               let
               out
               for
               
               three
               yeeres
               to
               the
               Citizens
               ,
               upon
               onely
               security
               of
               the
               summe
               doubled
               in
               the
               forfeiture
               ,
               then
               he
               would
               endure
               this
               griping
               &
               oppressive
               transaction
               :
               And
               how
               wise
               Cato
               drove
               out
               all
               usurers
               out
               of
               Sicilie
               ,
               and
               Lucullus
               freed
               all
               Asia
               from
               this
               pressure
               of
               Interest
               ,
               History
               hath
               sufficiently
               recorded
               .
            
             
               As
               for
               Lawes
               Ecclesiasticall
               ,
               let
               it
               be
               enough
               that
               a
               *
               Councel
               hath
               defined
               ,
               that
               to
               say
               usury
               is
               not
               a
               sinne
               ,
               is
               no
               better
               then
               heresie
               :
               and
               in
               succeeding
               times
               how
               liable
               the
               usurer
               hath
               ever
               been
               to
               the
               highest
               censures
               of
               the
               Church
               ;
               and
               how
               excluded
               from
               the
               favour
               of
               Christian
               buriall
               ,
               is
               more
               manifest
               then
               to
               need
               any
               proofe
               .
            
             
               Secondly
               ,
               however
               it
               is
               unlawfull
               to
               covenant
               for
               a
               certaine
               profit
               for
               the
               mere
               loane
               of
               money
               ,
               yet
               there
               may
               be
               ,
               and
               are
               circumstances
               appending
               
               to
               the
               loane
               ,
               which
               may
               admit
               of
               some
               benefit
               to
               be
               lawfully
               made
               by
               the
               lender
               for
               the
               use
               of
               his
               money
               ;
               and
               especially
               these
               two
               ;
               the
               losse
               that
               he
               sustaines
               ,
               and
               the
               gaine
               that
               he
               misses
               ,
               by
               the
               want
               of
               the
               summe
               lent
               :
               For
               what
               reason
               can
               there
               be
               ,
               that
               to
               pleasure
               another
               man
               ,
               I
               should
               hurt
               my selfe
               ,
               that
               I
               should
               enrich
               another
               by
               my
               owne
               losse
               ?
            
             
               If
               then
               I
               shall
               incur
               a
               reall
               losse
               or
               forfeiture
               by
               the
               delayed
               payment
               of
               the
               summe
               lent
               ;
               I
               may
               justly
               look
               fot
               a
               satisfaction
               from
               the
               borrower
               ;
               yea
               if
               there
               be
               a
               true
               danger
               of
               losse
               to
               me
               imminent
               ,
               when
               the
               transaction
               is
               made
               ,
               nothing
               hinders
               but
               that
               I
               may
               by
               compact
               make
               sure
               such
               a
               summe
               as
               may
               be
               sufficient
               for
               my
               indemnity
               ;
               And
               if
               I
               see
               an
               opportunity
               of
               an
               apparent
               profit
               that
               I
               could
               make
               fairely
               by
               disbursing
               of
               such
               a
               summe
               
                 bona
                 fide
              
               ,
               and
               another
               
               that
               hath
               a
               more
               gainefull
               bargaine
               in
               chace
               shall
               sue
               to
               me
               to
               borrow
               my
               money
               out
               of
               my
               hand
               for
               his
               owne
               greater
               advantage
               ,
               there
               can
               be
               no
               reason
               why
               in
               such
               a
               case
               I
               should
               have
               more
               respect
               to
               his
               profit
               ,
               then
               my
               owne
               ;
               and
               why
               should
               I
               not
               even
               upon
               pact
               ,
               secure
               unto
               my selfe
               such
               a
               moderate
               summe
               as
               may
               be
               somewhat
               answerable
               to
               the
               gaine
               which
               I
               doe
               willingly
               forgoe
               ,
               for
               his
               greater
               profit
               ?
               Since
               it
               is
               a
               true
               ground
               which
               Lessius
               (
               with
               other
               Casuists
               )
               maintains
               against
               Sotus
               and
               Durand
               ,
               that
               even
               our
               hopes
               of
               an
               evident
               commodity
               are
               valuable
               ;
               and
               that
               no
               lesse
               then
               the
               feares
               of
               our
               losse
               .
            
             
               Shortly
               ,
               for
               the
               guidance
               of
               our
               either
               caution
               ,
               or
               liberty
               in
               matter
               of
               borrowing
               ,
               and
               lending
               ,
               the
               onely
               Cynosure
               is
               our
               Charity
               ;
               for
               in
               all
               humane
               and
               civill
               acts
               of
               Commerce
               ,
               it
               is
               a
               sure
               rule
               ,
               That
               whatsoever
               
               is
               not
               a
               violation
               of
               Charity
               cannot
               be
               unlawfull
               ,
               and
               whatsoever
               is
               not
               agreeable
               to
               Charity
               can
               be
               no
               other
               then
               sinfull
               :
               And
               as
               Charity
               must
               be
               your
               rule
               ,
               so
               your selfe
               must
               be
               the
               rule
               of
               your
               Charity
               ;
               Looke
               what
               you
               could
               wish
               to
               be
               done
               to
               you
               by
               others
               ,
               doe
               but
               the
               same
               to
               others
               ,
               you
               cannot
               be
               guilty
               of
               the
               breach
               of
               Charity
               :
               The
               maximes
               of
               Traffique
               are
               almost
               infinite
               ;
               onely
               Charity
               (
               but
               ever
               inseparable
               from
               Justice
               )
               must
               make
               the
               application
               of
               them
               ;
               That
               will
               teach
               you
               that
               every
               increase
               by
               loane
               of
               money
               is
               not
               usurary
               ;
               and
               that
               those
               which
               are
               absolutely
               such
               ,
               are
               damnable
               :
               that
               will
               teach
               you
               to
               distinguish
               betwixt
               the
               one
               improvement
               of
               loane
               ,
               and
               the
               other
               ;
               and
               will
               tell
               you
               that
               if
               you
               can
               finde
               out
               a
               way
               ,
               whether
               by
               loane
               ,
               or
               sale
               ,
               to
               advance
               your
               stock
               ,
               that
               may
               be
               free
               from
               all
               oppression
               ,
               and
               extortion
               ;
               and
               beneficiall
               as
               
               well
               to
               others
               ,
               as
               to
               your selfe
               ,
               you
               need
               not
               feare
               to
               walke
               in
               it
               with
               all
               honest
               security
               :
               but
               in
               the
               meane
               time
               take
               good
               heed
               that
               your
               heart
               beguile
               you
               not
               in
               mis-applications
               ;
               for
               we
               are
               naturally
               too
               apt
               out
               of
               our
               self-love
               to
               flatter
               our selves
               with
               faire
               glozes
               of
               bad
               intentions
               ;
               and
               rather
               to
               draw
               the
               rule
               to
               us
               ,
               then
               our selves
               to
               the
               rule
               .
            
             
               But
               whiles
               I
               give
               you
               this
               short
               solution
               ,
               I
               must
               professe
               to
               lament
               the
               common
               ignorance
               ,
               or
               mistaking
               of
               too
               many
               Christians
               ,
               whose
               zeal
               justly
               cryes
               downe
               usury
               as
               a
               most
               hatefull
               and
               abominable
               practice
               ,
               but
               in
               the
               meane
               time
               makes
               no
               bones
               of
               actions
               no
               lesse
               biting
               ,
               and
               oppressive
               :
               they
               care
               not
               how
               high
               they
               sell
               any
               of
               their
               commodities
               ,
               at
               how
               unreasonable
               rates
               they
               ●et
               their
               grounds
               ,
               how
               they
               circumvent
               the
               buyer
               in
               their
               bargaines
               ,
               and
               thinke
               any
               price
               just
               ,
               any
               gaine
               lawfull
               that
               they
               can
               
               make
               in
               their
               markets
               :
               not
               considering
               that
               there
               is
               neither
               lesse
               ,
               nor
               lesse
               odious
               usury
               in
               selling
               and
               letting
               ,
               then
               there
               is
               in
               lending
               :
               It
               is
               the
               extortion
               in
               both
               that
               makes
               the
               sinne
               ;
               without
               which
               the
               kind
               or
               termes
               of
               the
               transaction
               could
               not
               be
               guilty
               .
               Surely
               it
               must
               needs
               be
               a
               great
               weaknesse
               to
               think
               that
               the
               same
               God
               who
               requires
               mercy
               and
               favour
               in
               lending
               ,
               will
               allow
               us
               to
               be
               cruell
               in
               selling
               ;
               Rigour
               and
               excesse
               in
               both
               equally
               violates
               the
               law
               of
               commutative
               Justice
               ,
               equally
               crosses
               the
               law
               of
               Charity
               :
               Let
               those
               therefore
               that
               make
               scruple
               of
               an
               usurious
               lending
               ,
               learne
               to
               make
               no
               lesse
               conscience
               of
               a
               racking
               bargaine
               ;
               otherwise
               their
               partiall
               obedience
               will
               argue
               a
               grosse
               hypocrisie
               ;
               and
               they
               shall
               prove
               themselves
               the
               worst
               kinde
               of
               what
               they
               hate
               ,
               usurers
               :
               For
               in
               the
               ordinary
               loan●
               usury
               ,
               the
               borrower
               hath
               yet
               time
               to
               boot
               for
               his
               money
               ;
               but
               here
               
               the
               buyer
               payes
               downe
               an
               excessive
               interest
               ,
               without
               any
               consideration
               at
               all
               ,
               but
               the
               sellers
               cruelty
               .
               For
               the
               fuller
               clearing
               of
               which
               point
               ;
               whereas
               you
               aske
            
          
           
             
               CASE
               II.
               
            
             
               Whether
               may
               I
               not
               sell
               my
               wares
               as
               deare
               as
               I
               can
               ,
               and
               get
               what
               I
               may
               of
               every
               buyer
               ?
            
             
               I
               answer
               ,
            
             
               THere
               is
               a
               due
               price
               to
               be
               set
               upon
               every
               saleable
               commodity
               ;
               else
               there
               were
               no
               commerce
               to
               be
               used
               among
               men
               :
               For
               if
               every
               man
               might
               set
               what
               rate
               he
               pleases
               upon
               his
               lands
               or
               goods
               ,
               where
               should
               he
               finde
               a
               buyer
               ?
               surely
               nothing
               could
               follow
               but
               confusion
               ,
               and
               want
               ;
               for
               mere
               extremity
               must
               both
               make
               the
               market
               and
               regulate
               it
               .
            
             
               The
               due
               price
               is
               that
               which
               cuts
               
               equally
               and
               indifferently
               betwixt
               the
               buyer
               and
               seller
               ;
               so
               as
               the
               seller
               may
               receive
               a
               moderate
               gaine
               ,
               and
               the
               buyer
               a
               just
               penny-worth
               .
            
             
               In
               those
               countries
               wherein
               there
               is
               a
               price
               set
               by
               publique
               authority
               upon
               all
               marketable
               commodities
               ,
               the
               way
               of
               commerce
               is
               well
               expedited
               ,
               and
               it
               is
               soone
               and
               easily
               determined
               ,
               that
               it
               is
               meete
               men
               should
               be
               held
               close
               to
               the
               rule
               .
            
             
               But
               where
               all
               things
               are
               left
               to
               an
               arbitrary
               transaction
               ,
               there
               were
               no
               living
               ,
               if
               some
               limits
               were
               not
               set
               to
               the
               sellers
               demands
               .
            
             
               These
               limits
               must
               be
               the
               ordinary
               received
               proportion
               of
               price
               current
               in
               the
               severall
               countries
               wherein
               they
               are
               sold
               ;
               and
               the
               judgement
               of
               discreet
               ,
               wise
               ,
               experienced
               and
               unconcerned
               persons
               ;
               and
               the
               well-stated
               conscience
               of
               the
               seller
               .
            
             
               If
               men
               shall
               wilfully
               run
               beyond
               these
               bounds
               ,
               taking
               advantage
               of
               
               the
               rarenesse
               of
               the
               commodity
               ,
               the
               paucity
               or
               the
               necessity
               of
               the
               buyers
               to
               enhance
               the
               price
               to
               an
               unreasonable
               height
               ,
               they
               shall
               be
               guilty
               of
               the
               breach
               of
               charity
               ,
               and
               in
               making
               a
               sinfull
               bargaine
               purchase
               a
               curse
               .
            
             
               Not
               that
               a
               man
               is
               so
               strictly
               tyed
               to
               any
               others
               valuation
               ,
               as
               that
               hee
               may
               not
               upon
               any
               occasion
               aske
               or
               receive
               more
               then
               the
               common
               price
               ;
               or
               that
               if
               the
               market
               rise
               he
               is
               bound
               to
               sit
               still
               :
               There
               may
               be
               just
               reason
               upon
               a
               generall
               mortality
               of
               cattle
               to
               set
               those
               beasts
               that
               remaine
               at
               an
               higher
               rate
               ,
               or
               upon
               a
               dearth
               of
               graine
               ,
               or
               other
               commodities
               ,
               to
               heighten
               the
               price
               ;
               but
               in
               such
               cases
               wee
               must
               bee
               so
               affected
               as
               that
               wee
               grudge
               to
               our selves
               our
               owne
               gaine
               ,
               that
               wee
               bee
               not
               in
               the
               first
               file
               of
               enhancers
               ,
               that
               wee
               strive
               to
               be
               the
               lowest
               in
               our
               valuation
               ,
               and
               labour
               what
               we
               may
               to
               bring
               downe
               the
               market
               ;
               alwaies
               putting
               our selves
               in
               our
               
               conceits
               into
               the
               buyers
               roome
               ;
               and
               bethinking
               how
               we
               would
               wish
               to
               be
               dealt
               with
               ,
               if
               we
               were
               in
               his
               cloathes
               .
            
             
               It
               is
               lawfull
               for
               the
               seller
               in
               his
               price
               to
               have
               regard
               not
               to
               his
               rents
               and
               disbursements
               onely
               ,
               but
               to
               his
               labour
               ,
               and
               cost
               ,
               to
               his
               delay
               of
               benefit
               ,
               to
               his
               loss
               in
               managing
               ,
               to
               his
               hazard
               or
               difficulty
               in
               conveyance
               ;
               but
               all
               these
               in
               such
               moderation
               ,
               as
               that
               he
               may
               be
               a
               just
               gainer
               by
               the
               bargaine
               :
               not
               setting
               the
               dice
               upon
               the
               buyer
               ;
               not
               making
               too
               much
               haste
               to
               be
               rich
               ,
               by
               the
               secret
               spoiles
               of
               an
               oppressed
               neighbour
               .
            
             
               Those
               things
               whose
               end
               is
               onely
               pleasure
               or
               ornament
               ,
               as
               a
               Jewel
               ,
               an
               Hauke
               ,
               or
               an
               Hound
               ,
               can
               admit
               of
               no
               certaine
               value
               ;
               the
               owners
               affection
               must
               estimate
               it
               ,
               and
               the
               buyers
               desire
               must
               make
               up
               an
               illimited
               bargaine
               ;
               but
               even
               in
               these
               ,
               and
               all
               other
               commodities
               that
               carry
               the
               face
               of
               unnecessary
               ,
               Conscience
               must
               be
               the
               
               Clarke
               of
               the
               Market
               ;
               and
               tell
               us
               that
               we
               must
               so
               sell
               ,
               as
               we
               could
               be
               willing
               to
               buy
               .
               From
               all
               which
               it
               followes
               ,
            
             
               That
               the
               common
               maxime
               current
               *
               in
               the
               shops
               of
               trade
               ,
               that
               things
               are
               so
               much
               worth
               as
               they
               can
               be
               sold
               for
               ;
               and
               those
               ordinary
               rules
               of
               chapmen
               ,
               that
               men
               who
               are
               masters
               of
               their
               wares
               may
               heighten
               their
               prices
               at
               pleasure
               ,
               and
               get
               what
               they
               can
               out
               of
               all
               commers
               ;
               and
               what
               ever
               they
               can
               get
               out
               of
               the
               simplicity
               ,
               or
               necessity
               of
               the
               buyers
               ,
               is
               lawfull
               prize
               ,
               are
               damnably
               uncharitable
               and
               unjust
               .
            
             
               It
               were
               an
               happy
               thing
               ,
               if
               as
               it
               is
               in
               some
               other
               well
               ordered
               nations
               ,
               there
               were
               a
               certaine
               regulation
               of
               the
               prices
               of
               all
               commodities
               by
               publique
               authority
               ,
               the
               wisdome
               whereof
               knows
               how
               to
               rise
               and
               fall
               according
               
               to
               the
               necessity
               of
               the
               occasion
               ;
               so
               as
               the
               buyer
               might
               be
               secured
               from
               injury
               ,
               and
               the
               seller
               restrained
               from
               a
               lawlesse
               oppression
               .
               But
               where
               that
               cannot
               be
               had
               ,
               it
               is
               fit
               that
               Justice
               and
               Charity
               should
               so
               far
               over-rule
               mens
               actions
               ,
               that
               every
               man
               may
               not
               be
               carryed
               in
               matter
               of
               contract
               ,
               by
               the
               sway
               of
               his
               owne
               unreasonable
               will
               ,
               and
               be
               free
               to
               carve
               for
               himselfe
               as
               he
               lists
               of
               the
               buyers
               purse
               :
               every
               man
               hath
               a
               bird
               in
               his
               bosome
               that
               sings
               to
               him
               another
               note
               .
            
             
               A
               good
               conscience
               therefore
               will
               tell
               you
               that
               if
               (
               taking
               advantage
               of
               the
               ignorance
               or
               unskilfulnesse
               of
               the
               buyer
               )
               you
               have
               made
               a
               prey
               of
               him
               by
               drawing
               from
               him
               double
               the
               worth
               of
               the
               commodity
               sold
               ,
               you
               are
               bound
               to
               make
               restitution
               to
               him
               accordingly
               ,
               and
               in
               a
               proportion
               so
               ,
               in
               all
               the
               considerable
               summes
               which
               you
               shall
               have
               by
               your
               false
               protestations
               ,
               
               and
               oathes
               ,
               and
               plausible
               intimations
               wrought
               out
               from
               an
               abused
               buyer
               ;
               above
               that
               due
               price
               which
               would
               make
               you
               a
               just
               and
               rightly
               moderated
               gainer
               :
               For
               assure
               your selfe
               ,
               all
               that
               you
               willingly
               doe
               this
               way
               is
               but
               a
               better-coloured
               picking
               of
               purses
               ;
               and
               what
               you
               thus
               get
               is
               but
               stolne
               goods
               varnisht
               over
               with
               the
               pretence
               of
               a
               calling
               ,
               and
               will
               prove
               at
               the
               last
               no
               other
               then
               gravel
               in
               your
               throat
               .
            
          
           
             
               CASE
               III.
               
            
             
               Whether
               is
               the
               seller
               bound
               to
               make
               knowne
               to
               the
               buyer
               the
               faults
               of
               that
               which
               he
               is
               about
               to
               sell
               ?
            
             
               IT
               is
               a
               question
               that
               was
               long
               since
               disputed
               betwixt
               the
               Heathen
               Sages
               ,
               Antipater
               and
               Diogenes
               ,
               as
               Cicero
               *
               informes
               us
               :
               with
               whom
               Cato
               
               so
               decides
               it
               as
               that
               his
               judgement
               may
               justly
               shame
               and
               condemne
               the
               practice
               of
               too
               many
               Christians
               :
               For
               a
               full
               answer
               ,
               due
               consideration
               must
               be
               had
               of
               divers
               circumstances
               .
            
             
               First
               ,
               what
               the
               nature
               and
               quality
               of
               the
               fault
               is
               ;
               whether
               it
               be
               sleight
               and
               unimporting
               ;
               or
               whether
               such
               as
               may
               vitiate
               the
               thing
               sold
               ,
               and
               render
               it
               either
               unusefull
               or
               dangerous
               to
               the
               buyer
               :
               or
               againe
               ,
               whether
               the
               fault
               be
               apparent
               ,
               or
               secret
               :
               both
               these
               doe
               justly
               vary
               the
               case
               :
               sleight
               and
               harmeless
               faults
               may
               bee
               concealed
               without
               injustice
               ;
               main
               and
               importing
               must
               be
               signified
               :
               if
               apparent
               defects
               bee
               not
               discerned
               by
               the
               buyer
               hee
               may
               thanke
               himselfe
               ;
               secret
               faults
               knowne
               onely
               to
               the
               seller
               ,
               (
               such
               as
               may
               be
               prejudiciall
               to
               the
               buyer
               )
               ought
               not
               to
               be
               concealed
               ,
               or
               if
               they
               be
               concealed
               so
               ,
               as
               that
               the
               buyer
               payes
               for
               it
               as
               sound
               ,
               and
               perfect
               ,
               binde
               the
               seller
               in
               conscience
               ,
               
               either
               to
               void
               the
               bargaine
               ,
               or
               to
               give
               just
               satisfaction
               .
            
             
               Secondly
               ,
               it
               would
               be
               considered
               ,
               whether
               the
               buyer
               before
               the
               bargaine
               be
               stricken
               ,
               hath
               required
               of
               the
               seller
               to
               signifie
               the
               faults
               of
               the
               commodity
               to
               be
               sold
               ,
               and
               out
               of
               a
               reliance
               upon
               the
               sellers
               fidelity
               and
               warrant
               ,
               hath
               made
               up
               the
               match
               :
               or
               whether
               in
               the
               confidence
               of
               his
               owne
               skill
               ,
               without
               moving
               any
               question
               ,
               hee
               enter
               resolutely
               ,
               
                 (
                 de
                 bene
                 esse
              
               )
               upon
               the
               bargained
               commodity
               :
               If
               the
               former
               ,
               a
               double
               bond
               lyes
               upon
               the
               seller
               to
               deale
               faithfully
               with
               the
               buyer
               ,
               and
               therefore
               to
               let
               him
               know
               the
               true
               condition
               of
               the
               thing
               exposed
               to
               sale
               ,
               that
               so
               either
               he
               may
               take
               off
               his
               hand
               ;
               or
               if
               he
               shall
               see
               that
               notwith
               standing
               that
               defect
               it
               may
               serve
               his
               turne
               ,
               he
               may
               proportion
               the
               price
               accordingly
               :
               otherwise
               he
               shall
               be
               guilty
               (
               besides
               falshood
               and
               oppression
               )
               of
               perfidiousnesse
               .
               
               But
               if
               the
               buyer
               will
               peremptorily
               rely
               upon
               his
               owne
               judgement
               ,
               and
               as
               presuming
               to
               make
               a
               gaine
               of
               that
               bargaine
               (
               which
               the
               seller
               out
               of
               conscience
               of
               the
               imperfection
               ,
               sets
               (
               as
               hee
               ought
               )
               so
               much
               lower
               as
               the
               defect
               may
               bee
               more
               disadvantageous
               to
               the
               buyer
               )
               will
               goe
               through
               with
               the
               contract
               ,
               and
               stand
               to
               all
               hazards
               ,
               I
               see
               no
               reason
               why
               the
               seller
               may
               not
               receive
               the
               price
               stipulated
               ;
               but
               withall
               if
               the
               match
               may
               carry
               danger
               in
               it
               to
               the
               buyer
               ,
               (
               as
               if
               the
               horse
               sold
               bee
               subject
               to
               a
               perilous
               starting
               ,
               or
               stumbling
               ;
               the
               house
               sold
               have
               a
               secret
               crack
               that
               may
               threaten
               ruine
               ;
               or
               the
               land
               sold
               be
               lyable
               to
               a
               litigious
               claime
               which
               may
               be
               timely
               avoyded
               )
               the
               seller
               is
               bound
               in
               conscience
               (
               at
               least
               after
               the
               bargaine
               )
               to
               intimate
               unto
               the
               buyer
               these
               faulty
               qualities
               ,
               that
               hee
               may
               accordingly
               provide
               for
               the
               prevention
               of
               the
               mischiefe
               that
               may
               ensue
               .
            
             
             
               But
               if
               the
               seller
               shall
               use
               art
               to
               cover
               the
               defects
               of
               his
               commodity
               ,
               that
               so
               he
               may
               deceive
               the
               buyer
               in
               his
               judgement
               of
               the
               thing
               bargained
               for
               ,
               or
               shall
               mix
               faulty
               wares
               with
               sound
               ,
               that
               they
               may
               passe
               undiscovered
               ,
               he
               is
               more
               faulty
               then
               his
               wares
               ,
               and
               makes
               an
               ill
               bargaine
               for
               his
               soule
               .
               In
               this
               ,
               shortly
               ,
               and
               in
               all
               other
               cases
               that
               concerne
               trade
               ,
               these
               universall
               rules
               must
               take
               place
               .
               That
               it
               is
               not
               lawfull
               for
               a
               Christian
               chapman
               to
               thrive
               by
               fraud
               .
               That
               hee
               
               may
               sell
               upon
               no
               other
               termes
               then
               he
               could
               wish
               to
               buy
               .
               That
               his
               profit
               
               must
               be
               regulated
               by
               his
               conscience
               ,
               not
               his
               conscience
               by
               his
               profit
               .
               That
               he
               is
               bound
               either
               to
               prevent
               
               the
               buyers
               wrong
               ;
               or
               if
               heedlesly
               done
               ,
               to
               satisfie
               it
               .
               That
               he
               ought
               
               rather
               to
               affect
               to
               be
               honest
               ,
               then
               rich
               :
               And
               lastly
               ,
               that
               as
               he
               is
               a
               member
               
               of
               a
               community
               both
               civill
               and
               Christian
               ,
               he
               ought
               to
               be
               tender
               of
               
               another
               mans
               indemnity
               no
               lesse
               then
               of
               his
               owne
               .
            
          
           
             
               CASE
               IV.
               
            
             
               Whether
               may
               I
               sell
               my
               commodities
               the
               dearer
               for
               giving
               dayes
               of
               payment
               ?
            
             
               THere
               is
               no
               great
               difference
               betwixt
               this
               case
               ,
               and
               that
               of
               loane
               ,
               which
               is
               formerly
               answered
               ;
               save
               that
               there
               money
               is
               let
               ,
               here
               commodities
               money-worth
               ;
               here
               is
               a
               sale
               ,
               there
               a
               lending
               ;
               in
               the
               one
               a
               transferring
               of
               the
               right
               and
               command
               for
               the
               time
               ;
               in
               the
               other
               perpetually
               ;
               but
               the
               substance
               both
               of
               the
               matter
               and
               question
               is
               the
               same
               ;
               for
               in
               both
               there
               seemes
               to
               be
               a
               valuation
               of
               time
               :
               which
               whether
               in
               case
               of
               mutuation
               ,
               or
               sale
               ,
               may
               justly
               be
               suspected
               for
               unlawfull
               .
            
             
             
               For
               answer
               ;
            
             
               There
               are
               three
               stages
               of
               prices
               acknowledged
               by
               all
               Casuists
               ;
               the
               highest
               ,
               which
               they
               are
               wont
               to
               call
               Rigorous
               ;
               the
               meane
               ,
               and
               the
               lowest
               ;
               If
               these
               keep
               within
               due
               bounds
               ,
               though
               the
               highest
               be
               hard
               ,
               yet
               it
               is
               not
               unjust
               ,
               and
               if
               the
               lowest
               be
               favovorable
               ,
               yet
               it
               is
               not
               alwayes
               necessary
               .
            
             
               If
               then
               you
               shall
               proportion
               but
               a
               just
               price
               to
               the
               time
               ,
               and
               worth
               of
               your
               bargaine
               ,
               so
               as
               the
               present
               shall
               passe
               for
               the
               easiest
               price
               ,
               some
               short
               time
               for
               the
               meane
               ,
               and
               the
               longer
               delay
               for
               the
               highest
               ,
               I
               see
               not
               wherein
               ,
               all
               things
               considered
               ,
               you
               doe
               offend
               .
            
             
               And
               certainly
               to
               debarre
               the
               contract
               of
               a
               moderate
               gaine
               for
               the
               delay
               of
               payment
               upon
               moneths
               prefixed
               ,
               were
               to
               destroy
               all
               trade
               of
               merchandise
               :
               For
               not
               many
               buyers
               are
               furnished
               with
               ready
               money
               to
               
               buy
               their
               wares
               ,
               at
               the
               Port
               ;
               nor
               could
               the
               sellers
               make
               off
               their
               commodities
               so
               seasonably
               ,
               as
               to
               be
               ready
               for
               further
               traffique
               ,
               if
               they
               must
               necessarily
               be
               tyed
               to
               wait
               upon
               the
               hopes
               of
               a
               pecuniary
               sale
               ;
               and
               not
               left
               to
               the
               common
               liberty
               of
               putting
               them
               over
               to
               whole-sale
               men
               upon
               trust
               ;
               who
               upon
               a
               second
               trust
               distribute
               them
               to
               those
               ,
               that
               vent
               them
               by
               retaile
               ,
               both
               for
               days
               agreed
               upon
               :
               By
               which
               meanes
               the
               trade
               holds
               up
               ,
               and
               the
               common-wealth
               enjoyes
               the
               benefit
               of
               a
               convenient
               and
               necessary
               commerce
               .
            
             
               A
               practice
               that
               is
               now
               so
               habituated
               amongst
               all
               nations
               into
               the
               course
               of
               trade
               ,
               that
               it
               cannot
               well
               consist
               without
               it
               :
               So
               as
               nothing
               is
               more
               ordinary
               in
               experience
               than
               that
               those
               ,
               who
               are
               able
               to
               pay
               downe
               ready
               money
               for
               their
               wares
               ,
               know
               to
               expect
               a
               better
               pennyworth
               ,
               then
               those
               that
               runne
               upon
               trust
               :
               And
               
               there
               may
               be
               just
               reason
               for
               this
               difference
               ;
               For
               the
               present
               money
               received
               enables
               the
               seller
               to
               a
               further
               improvement
               of
               his
               stock
               ,
               which
               lyes
               for
               the
               time
               dead
               in
               the
               hands
               that
               take
               day
               for
               their
               payment
               .
            
             
               So
               then
               ,
               it
               is
               not
               mere
               time
               that
               is
               here
               set
               to
               sale
               ,
               which
               were
               odious
               in
               any
               Christian
               to
               bargaine
               for
               ;
               but
               there
               are
               two
               incidents
               into
               this
               practice
               which
               may
               render
               it
               not
               unwarrantable
               .
               The
               one
               is
               the
               hazard
               of
               the
               summe
               agreed
               upon
               :
               which
               too
               often
               comes
               short
               in
               the
               payment
               :
               whiles
               those
               subordinate
               chapmen
               ,
               into
               whose
               hand
               the
               grosse
               summe
               is
               scattered
               ,
               turne
               bankrupts
               ,
               and
               forfeit
               their
               trust
               ;
               so
               as
               no
               small
               losse
               is
               this
               way
               commonly
               sustained
               by
               the
               confident
               seller
               ;
               in
               which
               regard
               we
               are
               wont
               to
               say
               justly
               ,
               that
               One
               bird
               in
               the
               hand
               is
               worth
               two
               in
               the
               wood
               .
               The
               other
               is
               the
               cessation
               of
               that
               gaine
               which
               the
               merchant
               might
               
               in
               the
               meane
               time
               have
               made
               of
               the
               sum
               differred
               ;
               which
               might
               in
               likelihood
               have
               beene
               greater
               then
               the
               proportion
               of
               the
               raised
               price
               can
               amount
               unto
               ;
               to
               which
               may
               be
               added
               the
               foreseene
               probability
               of
               the
               raising
               of
               the
               market
               in
               the
               intervall
               of
               payment
               :
               the
               profit
               whereof
               is
               precluded
               by
               this
               meanes
               to
               the
               seller
               :
               whose
               full
               engagement
               takes
               him
               off
               perhaps
               from
               a
               resolution
               to
               have
               reserved
               those
               commodities
               in
               his
               own
               hands
               ,
               in
               expectation
               of
               an
               opportunity
               of
               a
               more
               profitable
               utterance
               ,
               had
               not
               the
               forwardnesse
               of
               the
               buyer
               importuned
               a
               prevention
               .
            
             
               Upon
               these
               considerations
               ,
               if
               they
               be
               serious
               ,
               and
               unfained
               ;
               I
               see
               not
               why
               you
               may
               not
               in
               a
               due
               and
               moderate
               proportion
               ,
               difference
               your
               prices
               according
               to
               the
               delayes
               of
               payment
               ,
               without
               any
               oppression
               to
               the
               buyer
               :
               Howbeit
               ,
               if
               any
               man
               pleaseth
               to
               be
               so
               free
               ,
               as
               to
               take
               no
               
               notice
               of
               time
               ,
               but
               to
               make
               future
               dayes
               in
               his
               account
               present
               ,
               I
               shall
               commend
               his
               charity
               ,
               though
               I
               dare
               not
               presse
               his
               example
               as
               necessary
               .
            
             
               The
               case
               is
               equally
               just
               on
               the
               behalfe
               of
               the
               seller
               :
               who
               if
               he
               be
               either
               driven
               by
               some
               emergent
               necessity
               ;
               or
               drawne
               by
               the
               opportunity
               of
               a
               more
               gainfull
               bargaine
               ,
               to
               call
               for
               his
               money
               before
               his
               day
               ,
               may
               justly
               be
               required
               by
               the
               late
               buyer
               ,
               to
               abate
               of
               the
               returnable
               summe
               ,
               in
               regard
               of
               the
               prevention
               of
               the
               time
               covenanted
               ;
               by
               reason
               of
               the
               inconvenience
               or
               losse
               whereunto
               he
               is
               put
               upon
               the
               suddaine
               revocation
               of
               that
               money
               ,
               which
               is
               not
               by
               agreement
               payable
               till
               the
               expiration
               of
               the
               time
               prefixed
               .
               But
               what
               quantity
               is
               to
               be
               allowed
               on
               the
               one
               part
               ,
               or
               defalked
               on
               the
               other
               ,
               is
               onely
               to
               be
               moderated
               by
               Christian
               Charity
               ,
               and
               that
               universall
               rule
               of
               doing
               what
               we
               would
               be
               willing
               to
               suffer
               .
            
          
           
             
             
               CASE
               V.
               
            
             
               Whether
               ,
               and
               how
               farre
               ,
               Monopolies
               are
               ,
               or
               may
               be
               lawfull
               .
            
             
               THe
               most
               famous
               Monopolie
               that
               we
               finde
               in
               history
               is
               that
               of
               Egypt
               ,
               Gen.
               41.
               56
               ,
               57.
               wherein
               the
               provident
               Patriarch
               Joseph
               ,
               out
               of
               the
               fore-sight
               of
               a
               following
               dearth
               ,
               bought
               up
               the
               seven
               yeares
               graine
               for
               Pharaoh
               ,
               and
               layd
               it
               up
               in
               publique
               store-houses
               ;
               and
               in
               the
               generall
               scarcity
               sold
               it
               out
               to
               the
               inhabitants
               ,
               and
               strangers
               ,
               with
               no
               small
               advantage
               ;
               which
               was
               so
               farre
               from
               unlawfull
               ,
               as
               that
               he
               thereby
               merited
               the
               name
               of
               the
               Saviour
               of
               Aegypt
               :
               *
               and
               if
               any
               worthy
               Patriot
               out
               of
               a
               like
               providence
               ,
               shall
               before-hand
               gather
               up
               the
               commodities
               of
               his
               country
               into
               a
               publique
               Magazine
               
               for
               the
               common
               benefit
               and
               reliefe
               of
               the
               people
               ;
               upon
               the
               pinch
               of
               an
               ensuing
               necessity
               ,
               he
               is
               so
               farre
               out
               of
               the
               reach
               of
               censure
               ,
               as
               that
               he
               well
               deserves
               a
               statue
               with
               the
               Inscription
               of
               Publique
               Benefactor
               ;
               So
               as
               it
               is
               not
               the
               meere
               act
               of
               Monopolizing
               that
               makes
               the
               thing
               unlawfull
               ,
               but
               the
               ground
               and
               intention
               ,
               and
               the
               manner
               of
               carriage
               .
            
             
               All
               Monopolies
               ,
               as
               they
               are
               usually
               practised
               ,
               are
               either
               such
               as
               are
               allowed
               by
               Soveraigne
               authority
               ,
               or
               privately
               contrived
               by
               secret
               plot
               and
               convention
               for
               a
               peculiar
               gaine
               to
               some
               speciall
               persons
               .
               If
               the
               first
               ,
               it
               must
               be
               considered
               upon
               what
               reason
               that
               priviledge
               is
               granted
               ,
               and
               upon
               what
               termes
               ;
               If
               both
               these
               be
               just
               ,
               the
               grant
               can
               be
               no
               other
               .
               For
               first
               ,
               it
               may
               not
               be
               denyed
               ,
               that
               supreme
               authority
               ,
               whether
               of
               Princes
               or
               States
               ,
               hath
               power
               to
               grant
               such
               priviledges
               where
               they
               shall
               finde
               just
               
               cause
               ;
               and
               secondly
               ,
               that
               there
               may
               be
               very
               just
               motives
               of
               granting
               them
               to
               some
               capable
               and
               worthy
               persons
               ;
               I
               should
               be
               ashamed
               to
               imagine
               that
               either
               of
               these
               should
               need
               any
               probation
               .
            
             
               Doubtlesse
               then
               ,
               there
               is
               manifest
               equity
               ,
               that
               where
               there
               hath
               beene
               some
               great
               merit
               ,
               or
               charge
               ,
               or
               danger
               in
               the
               compassing
               of
               some
               notable
               worke
               for
               a
               common
               good
               ,
               the
               undertaker
               should
               be
               rewarded
               with
               a
               patent
               for
               a
               secured
               profit
               to
               himselfe
               .
               As
               put
               case
               some
               well
               minded
               Printer
               (
               as
               one
               of
               the
               Stephens
               )
               is
               willing
               to
               be
               at
               an
               excessive
               charge
               in
               the
               faire
               publication
               of
               a
               learned
               and
               usefull
               worke
               for
               the
               benefit
               of
               the
               present
               and
               following
               ages
               ;
               it
               is
               most
               just
               that
               he
               should
               from
               the
               hands
               of
               Princes
               or
               States
               receive
               a
               Priviledge
               for
               the
               sole
               impression
               ;
               that
               he
               may
               recover
               ,
               with
               advantage
               ,
               the
               deep
               expence
               he
               hath
               beene
               at
               ;
               
               Otherwise
               some
               Interloper
               may
               perhaps
               underhand
               fall
               upon
               the
               work
               at
               a
               lower
               rate
               ,
               and
               undoe
               the
               first
               editor
               ;
               whose
               industry
               ,
               care
               and
               cost
               shall
               thus
               be
               recompenced
               with
               the
               ruine
               of
               himselfe
               and
               his
               posterity
               ;
               as
               were
               too
               easie
               to
               instance
               .
            
             
               If
               a
               man
               have
               by
               notable
               dexterity
               of
               wit
               ,
               and
               art
               ;
               and
               much
               labour
               and
               charge
               after
               many
               experiments
               ,
               attained
               to
               the
               skill
               of
               making
               some
               rare
               engine
               of
               excellent
               use
               for
               the
               service
               of
               his
               Prince
               and
               Countrey
               ,
               as
               some
               singular
               water
               worke
               ;
               or
               some
               beneficiall
               instrument
               for
               the
               freeing
               of
               navigable
               rivers
               from
               their
               sandy
               obstructions
               ,
               it
               is
               all
               the
               reason
               in
               the
               world
               ,
               that
               by
               the
               just
               bounty
               of
               Princes
               he
               should
               be
               so
               far
               remunerated
               ,
               as
               that
               he
               alone
               may
               receive
               a
               patent
               of
               enjoying
               a
               due
               profit
               of
               his
               owne
               invention
               .
            
             
               But
               how
               farre
               it
               may
               be
               lawfull
               for
               a
               Prince
               ,
               not
               onely
               to
               gratifie
               a
               
               well
               deserving
               Subject
               ,
               with
               the
               fee
               of
               his
               owne
               devise
               ,
               but
               with
               a
               profit
               arising
               from
               the
               sole
               sale
               of
               marketable
               commodities
               through
               his
               Kingdome
               ;
               or
               whether
               ,
               and
               how
               farre
               in
               the
               want
               of
               monies
               ,
               for
               the
               necessary
               service
               of
               his
               State
               ,
               he
               may
               for
               the
               publique
               use
               ,
               raise
               ,
               set
               ,
               or
               sell
               monopolies
               of
               that
               kind
               ,
               is
               diversly
               agitated
               by
               Casuists
               ;
               and
               must
               receive
               answer
               according
               to
               the
               absolutenesse
               or
               limitation
               of
               those
               Governments
               ,
               under
               which
               they
               are
               practised
               :
               But
               with
               this
               ,
               that
               where
               this
               is
               done
               ,
               there
               may
               be
               great
               care
               had
               of
               a
               just
               price
               to
               be
               set
               upon
               the
               commodities
               so
               restrained
               ,
               that
               they
               be
               not
               left
               to
               the
               lawlesse
               will
               of
               a
               priviledged
               ingrosser
               ,
               nor
               heightned
               to
               an
               undue
               rate
               by
               reason
               of
               a
               particular
               indulgence
               .
            
             
               This
               may
               be
               enough
               for
               authoritative
               Monopolies
               .
               The
               common
               sort
               of
               offensive
               practices
               this
               way
               
               are
               private
               and
               single
               ,
               or
               conventionall
               ,
               and
               plotted
               by
               combination
               ;
               The
               former
               ,
               as
               when
               some
               covetous
               extortioner
               ,
               out
               of
               the
               strength
               of
               his
               purse
               ,
               buyes
               up
               the
               whole
               lading
               of
               the
               ship
               ,
               that
               he
               may
               have
               the
               sole
               power
               of
               the
               wares
               to
               sell
               them
               at
               pleasure
               ,
               which
               ,
               there
               is
               no
               feare
               but
               he
               w●ll
               doe
               with
               rigour
               enough
               :
               The
               true
               judgment
               of
               which
               action
               ,
               &
               the
               degrees
               of
               the
               malignity
               of
               it
               ,
               must
               be
               fetcht
               ,
               as
               from
               the
               minde
               ,
               so
               from
               the
               management
               of
               the
               buyer
               ;
               as
               being
               so
               much
               more
               sinfull
               ,
               as
               it
               partakes
               more
               of
               oppression
               .
               The
               latter
               ,
               when
               some
               brethren
               in
               evill
               conspire
               to
               prevent
               the
               harvest
               ,
               to
               buy
               up
               ,
               or
               hoord
               up
               the
               graine
               ;
               with
               a
               purpose
               to
               starve
               the
               market
               ,
               and
               to
               hatch
               up
               a
               dearth
               :
               A
               damnable
               practice
               in
               both
               kindes
               ;
               and
               that
               which
               hath
               of
               old
               beene
               branded
               with
               a
               curse
               ;
               neither
               lesse
               full
               of
               justice
               than
               uncharitablenesse
               ;
               and
               that
               which
               cryes
               
               aloud
               ,
               for
               a
               just
               punishment
               ,
               and
               satisfactory
               restitution
               .
            
             
               I
               cannot
               therefore
               but
               marvaile
               at
               the
               opinion
               of
               learned
               Lessius
               (
               which
               he
               fathers
               also
               upon
               Molina
               )
               that
               too
               favourably
               minces
               the
               hainousnesse
               of
               this
               sin
               ;
               bearing
               us
               in
               hand
               ,
               that
               it
               is
               indeed
               an
               offence
               against
               charity
               ,
               and
               common
               profit
               ,
               but
               not
               against
               particular
               Justice
               ,
               His
               reason
               :
               To
               buy
               that
               corne
               (
               saith
               he
               )
               could
               not
               be
               against
               justice
               ,
               for
               he
               bought
               it
               at
               the
               current
               price
               :
               Nor
               yet
               to
               sell
               it
               ,
               could
               be
               against
               justice
               ,
               because
               he
               was
               not
               tyed
               out
               of
               justice
               at
               that
               time
               to
               bring
               it
               forth
               to
               sale
               :
               When
               he
               might
               easily
               have
               considered
               ,
               that
               it
               is
               not
               the
               mere
               act
               of
               buying
               ,
               or
               of
               not
               selling
               ,
               that
               in
               it selfe
               is
               accused
               for
               unjust
               ,
               but
               to
               buy
               ,
               or
               not
               to
               sell
               ,
               with
               an
               intention
               ,
               and
               issue
               of
               oppressing
               others
               ,
               and
               undue
               enriching
               themselves
               by
               a
               dearth
               .
               For
               what
               can
               be
               more
               unjust
               then
               for
               a
               man
               to
               
               indevour
               to
               raise
               himself
               by
               the
               affamishing
               of
               others
               ?
            
             
               Neither
               can
               it
               serve
               his
               turne
               to
               say
               by
               way
               of
               excuse
               ,
               that
               the
               multitude
               of
               buyers
               may
               be
               the
               cause
               of
               a
               dearth
               ,
               and
               yet
               without
               sin
               ;
               since
               they
               doe
               rather
               occasion
               ,
               then
               cause
               a
               scarcity
               ;
               and
               are
               so
               farre
               from
               intending
               a
               dearth
               in
               making
               their
               market
               ,
               that
               they
               deprecate
               it
               ,
               as
               their
               great
               affliction
               .
            
             
               And
               if
               ,
               by
               his
               owne
               confession
               ,
               those
               ,
               who
               either
               by
               force
               ,
               or
               fraud
               hinder
               the
               importation
               of
               corne
               ,
               that
               a
               dearth
               may
               continue
               ,
               are
               guilty
               of
               injustice
               ,
               and
               are
               bound
               to
               make
               restitution
               both
               to
               the
               Commonwealth
               in
               giving
               cause
               to
               raise
               the
               price
               ;
               as
               also
               to
               the
               Merchant
               ,
               whom
               they
               have
               hindered
               of
               his
               meet
               gaine
               ;
               how
               can
               those
               be
               liable
               to
               a
               lesse
               sin
               ,
               or
               punishment
               ,
               that
               either
               buy
               up
               ,
               or
               wilfully
               keep
               in
               ,
               their
               graine
               with
               a
               purpose
               to
               begin
               ,
               and
               hold
               on
               a
               
               dearth
               ?
               and
               what
               lesse
               can
               it
               be
               then
               force
               or
               fraud
               ,
               that
               by
               their
               crafty
               and
               cruell
               prevention
               the
               poor
               are
               necessitated
               to
               want
               that
               sustenance
               ,
               whereby
               their
               life
               should
               be
               maintained
               ?
            
             
               Wise
               Solomon
               
                 shall
                 shut
                 up
                 this
                 Scene
                 for
                 me
                 .
              
               He
               that
               with
               holds
               corn
               ,
               the
               People
               shall
               curse
               him
               ,
               but
               blessings
               shall
               be
               upon
               the
               head
               of
               him
               that
               selleth
               it
               .
               
                 Prov.
                 11.
                 26.
              
               
            
          
           
             
               CASE
               VI.
               
            
             
               Whether
               ,
               and
               how
               farre
               doth
               the
               fraudulent
               bargaine
               binde
               me
               to
               performance
               .
            
             
               HOw
               farre
               in
               matter
               of
               law
               ,
               you
               must
               advise
               with
               other
               Counsaile
               ,
               but
               for
               matter
               of
               conscience
               ,
               take
               this
               :
            
             
               Is
               the
               fraud
               actively
               yours
               ,
               done
               by
               you
               to
               another
               ?
               or
               else
               passively
               put
               
               by
               another
               upon
               you
               ?
               If
               the
               former
               ,
               you
               are
               bound
               to
               repent
               and
               satisfie
               ;
               either
               by
               rescinding
               the
               match
               ,
               or
               by
               making
               amends
               for
               the
               injury
               :
               If
               the
               latter
               ;
               wherein
               did
               the
               fraud
               lye
               ?
               If
               in
               the
               maine
               substance
               of
               the
               thing
               sold
               ,
               the
               bargaine
               is
               both
               by
               the
               very
               law
               of
               nature
               ,
               and
               in
               conscience
               ,
               void
               ;
               yea
               indeed
               ,
               not
               at
               all
               :
               as
               if
               a
               man
               have
               sold
               you
               copper
               lace
               for
               gold
               ;
               or
               alchymie-plate
               for
               silver
               ;
               the
               reason
               is
               well
               given
               by
               *
               Casuists
               :
               There
               is
               no
               bargaine
               without
               a
               consent
               ;
               and
               here
               is
               no
               consent
               at
               all
               ,
               whiles
               both
               parties
               pitch
               not
               upon
               the
               same
               subject
               ;
               the
               buyer
               propounds
               to
               himselfe
               gold
               and
               silver
               ,
               the
               seller
               obtrudes
               copper
               ,
               and
               Alchymie
               ;
               the
               one
               therefore
               not
               buying
               what
               the
               other
               pretended
               to
               sell
               ,
               here
               is
               no
               bargaine
               made
               ,
               but
               a
               mere
               act
               of
               cozenage
               ,
               justly
               liable
               to
               punishment
               by
               all
               lawes
               of
               God
               and
               
               man.
               But
               if
               the
               fraud
               were
               onely
               in
               some
               circumstances
               ,
               as
               in
               some
               faulty
               condition
               of
               the
               thing
               sold
               not
               before
               discerned
               ;
               or
               in
               the
               over-prizing
               of
               the
               commoditie
               bought
               ;
               the
               old
               rule
               is
               ,
               
                 Caveat
                 emptor
              
               ;
               You
               must
               for
               ought
               I
               know
               )
               hold
               you
               to
               your
               bargain
               ;
               but
               if
               that
               faulty
               condition
               be
               of
               so
               high
               a
               nature
               that
               it
               marres
               the
               commoditie
               ,
               and
               makes
               it
               uselesse
               to
               the
               buyer
               ,
               the
               seller
               being
               conscious
               of
               the
               fault
               )
               is
               injurious
               in
               the
               transaction
               ,
               and
               is
               bound
               in
               conscience
               to
               make
               satisfaction
               ;
               and
               if
               he
               have
               willingly
               over-reacht
               you
               in
               the
               price
               ,
               in
               a
               considerable
               proportion
               is
               guilty
               of
               oppression
               .
            
             
               It
               is
               very
               memorable
               in
               this
               kinde
               that
               Cicero
               relates
               to
               us
               of
               a
               fraudulent
               bargaine
               betwixt
               *
               Canius
               ,
               a
               Roman
               Knight
               and
               Orator
               ,
               and
               one
               Pythius
               a
               Banker
               of
               
                 Syracuse
                 .
                 Canius
              
               comming
               upon
               occasion
               of
               pleading
               
               to
               the
               city
               of
               Syracuse
               ,
               tooke
               a
               great
               liking
               to
               the
               place
               ;
               and
               setling
               there
               ,
               gave
               out
               that
               he
               had
               a
               great
               desire
               to
               buy
               some
               one
               of
               those
               pleasant
               gardens
               ,
               wherewith
               ,
               it
               seemes
               ,
               that
               city
               abounded
               ;
               that
               he
               might
               there
               recreate
               himself
               when
               he
               pleased
               ,
               with
               his
               friends
               .
            
             
               Pythius
               ,
               a
               crafty
               merchant
               ,
               hearing
               of
               it
               ,
               sends
               word
               to
               Canius
               ,
               that
               hee
               had
               a
               faire
               garden
               which
               he
               had
               no
               minde
               to
               sell
               ;
               but
               if
               he
               pleased
               to
               make
               use
               of
               it
               for
               his
               solace
               ,
               he
               might
               command
               it
               as
               his
               owne
               ;
               and
               withall
               courteously
               invites
               Canius
               to
               suppe
               with
               him
               there
               the
               day
               following
               :
               In
               the
               meane
               time
               being
               a
               man
               by
               reason
               of
               his
               trade
               of
               exchange
               ,
               very
               gracious
               in
               the
               city
               ,
               he
               calls
               the
               fishermen
               together
               ,
               and
               desires
               them
               that
               the
               next
               evening
               they
               would
               fish
               in
               the
               streame
               before
               his
               garden
               ,
               and
               bring
               him
               ,
               what
               they
               shall
               have
               caught
               :
               Canius
               in
               due
               time
               comes
               
               according
               to
               the
               invitation
               ,
               to
               supper
               ;
               where
               there
               was
               delicate
               provision
               made
               for
               him
               by
               Pythius
               ;
               and
               store
               of
               boates
               bringing
               in
               their
               plentifull
               draughts
               of
               fish
               ,
               and
               casting
               them
               downe
               at
               the
               feet
               of
               
                 Pythius
                 :
                 Canius
              
               askes
               the
               meaning
               of
               this
               concourse
               of
               Fishermen
               ,
               and
               store
               of
               profered
               provision
               ?
               Pythius
               tells
               him
               this
               is
               the
               commodity
               and
               priviledge
               of
               the
               place
               ,
               if
               Syracuse
               yeeld
               any
               fish
               ,
               here
               it
               is
               caught
               ,
               and
               here
               tendered
               ;
               Canius
               beleeving
               the
               report
               ,
               importunes
               his
               host
               to
               sell
               him
               the
               ground
               :
               the
               owner
               after
               some
               seeming
               loathnesse
               ,
               and
               squeamish
               reluctation
               ,
               at
               last
               yeelds
               to
               gratifie
               him
               with
               the
               bargaine
               :
               The
               deare
               price
               is
               payd
               downe
               with
               much
               eagernesse
               .
               The
               new
               master
               of
               the
               place
               ,
               in
               much
               pride
               of
               his
               purchase
               ,
               the
               next
               day
               repaires
               early
               to
               his
               garden
               ,
               invites
               his
               friends
               to
               a
               friday
               feast
               ;
               and
               finding
               no
               boat
               there
               ,
               asks
               the
               neighbour
               
               whether
               it
               were
               holiday
               with
               the
               fishermen
               ,
               that
               he
               saw
               none
               of
               them
               there
               ;
               No
               ,
               said
               the
               good
               man
               ,
               none
               that
               I
               know
               ;
               but
               none
               of
               the
               trade
               use
               to
               fish
               here
               ;
               and
               I
               much
               marvailed
               at
               the
               strange
               confluence
               of
               their
               boats
               here
               yesterday
               :
               The
               Roman
               Orator
               was
               downe
               in
               the
               mouth
               ;
               finding
               himselfe
               thus
               cheated
               by
               the
               money-changer
               :
               but
               ,
               for
               ought
               I
               see
               ,
               had
               his
               amends
               in
               his
               hands
               ;
               He
               meant
               ,
               and
               desired
               to
               buy
               the
               place
               ,
               though
               without
               any
               such
               accommodation
               ;
               but
               over-bought
               it
               upon
               the
               false
               pretence
               of
               an
               appendent
               commodity
               ;
               the
               injury
               was
               the
               sellers
               ,
               the
               losse
               must
               be
               the
               buyers
               .
            
             
               But
               if
               such
               be
               the
               case
               ,
               that
               you
               are
               meerely
               drawne
               in
               by
               the
               fraud
               ,
               and
               would
               not
               have
               bought
               the
               commodity
               at
               all
               ,
               if
               you
               had
               not
               beene
               induced
               by
               the
               deceit
               ,
               and
               false
               oathes
               and
               warrants
               of
               the
               seller
               ,
               you
               
               have
               just
               reason
               ,
               either
               ,
               if
               you
               may
               ,
               to
               fall
               off
               from
               the
               bargaine
               ;
               or
               ,
               if
               the
               matter
               be
               valuable
               ,
               to
               require
               a
               just
               satisfaction
               from
               the
               seller
               ;
               who
               is
               bound
               in
               conscience
               ,
               either
               by
               annulling
               the
               bargaine
               ,
               or
               abatement
               of
               price
               to
               make
               good
               your
               indemnity
               .
            
             
               In
               these
               matters
               of
               contract
               there
               is
               great
               reason
               to
               distinguish
               betwixt
               a
               willing
               deceit
               ,
               and
               an
               involuntary
               wrong
               ;
               If
               a
               man
               shall
               fraudulently
               sell
               an
               horse
               which
               he
               knowes
               secretly
               and
               incurably
               diseased
               ,
               to
               another
               for
               sound
               ;
               and
               that
               other
               ,
               beleeving
               the
               sellers
               deep
               protestation
               ,
               shall
               upon
               the
               same
               price
               ,
               
                 bonâ
                 fide
              
               ,
               put
               him
               off
               to
               me
               ;
               I
               feel
               my selfe
               injured
               ,
               but
               whither
               shall
               I
               go
               for
               an
               amends
               ?
               I
               cannot
               challenge
               the
               immediate
               seller
               ,
               for
               he
               deceived
               me
               not
               ;
               I
               cannot
               challenge
               the
               deceiver
               ,
               for
               he
               dealt
               not
               with
               me
               ;
               In
               humane
               lawes
               ,
               I
               am
               left
               remedilesse
               ;
               but
               in
               the
               law
               of
               
               conscience
               ,
               the
               first
               seller
               ,
               who
               ought
               to
               have
               born
               his
               own
               burthen
               of
               an
               inevitable
               losse
               ,
               is
               bound
               to
               transferre
               by
               the
               hands
               that
               sold
               me
               that
               injurious
               bargaine
               ,
               a
               due
               satisfaction
               .
            
             
               Neither
               is
               it
               other
               of
               fraudulent
               conveyances
               in
               the
               houses
               or
               land
               ,
               how
               ever
               the
               matter
               may
               be
               intricated
               by
               passing
               through
               many
               perhaps
               unknowing
               hands
               ,
               yet
               the
               sinne
               and
               obligation
               to
               satisfaction
               ,
               will
               necessarily
               lie
               at
               the
               first
               door
               ;
               whence
               if
               just
               restitution
               doe
               not
               follow
               ,
               the
               seller
               may
               purchase
               Hell
               to
               boot
               .
            
             
               Think
               not
               now
               on
               this
               discourse
               ,
               that
               the
               onely
               fraud
               is
               in
               selling
               ;
               there
               may
               be
               no
               lesse
               (
               though
               not
               so
               frequent
               )
               fraud
               in
               buying
               also
               ;
               whether
               in
               unjust
               payment
               ,
               by
               false
               coyne
               ;
               or
               by
               injustice
               of
               quantities
               ,
               as
               in
               buying
               by
               weights
               ,
               or
               measures
               above
               allowance
               ;
               or
               by
               wrong
               valuation
               of
               the
               substance
               &
               quality
               of
               the
               
               
               
               
               
               
               
               
               
               
               
               
               
               commodity
               ,
               misknown
               by
               the
               seller
               ;
               As
               for
               instance
               ,
               a
               simple
               man
               ,
               as
               I
               have
               knowne
               it
               done
               in
               the
               Western
               parts
               ,
               findes
               a
               parcell
               of
               Ambergris
               cast
               upon
               the
               sands
               ;
               he
               perceiving
               i●
               to
               be
               some
               unctious
               matter
               ,
               puts
               it
               to
               the
               base
               use
               of
               his
               shooes
               ,
               or
               his
               cart
               wheel
               ;
               a
               merchant
               that
               smels
               the
               worth
               of
               the
               stuffe
               buyes
               it
               of
               him
               for
               a
               small
               summe
               ;
               giving
               him
               a
               shilling
               or
               two
               ,
               for
               that
               which
               himselfe
               knowes
               to
               be
               worth
               twenty
               pounds
               :
               the
               bargaine
               is
               fraudulent
               ;
               and
               requires
               a
               proportionable
               compensation
               to
               the
               ignorant
               seller
               into
               whose
               hands
               providence
               hath
               cast
               so
               rich
               a
               booty
               .
            
             
               Shortly
               ,
               in
               all
               these
               intercourses
               of
               trade
               ,
               that
               old
               and
               just
               rule
               which
               had
               wont
               to
               sway
               the
               traffique
               of
               heathens
               ,
               must
               much
               more
               take
               place
               amongst
               Christians
               ,
               
                 (
                 cum
                 bonis
                 benè
                 agier
              
               )
               that
               honest
               men
               must
               be
               honestly
               dealt
               with
               :
               and
               therefore
               
               that
               all
               fraud
               must
               be
               banished
               out
               of
               their
               markets
               ;
               or
               ,
               if
               it
               dares
               to
               intrude
               ,
               soundly
               punished
               ;
               and
               mulcted
               with
               a
               due
               satisfaction
               .
            
          
           
             
               CASE
               VII
               .
            
             
               How
               far
               ,
               and
               when
               am
               I
               bound
               to
               make
               restitution
               of
               another
               mans
               goods
               remaining
               in
               my
               hand
               ?
            
             
               REstitution
               is
               a
               duty
               no
               lesse
               necessary
               ,
               than
               rarely
               practised
               amongst
               Christians
               .
               The
               Arch
               publican
               Zacheus
               knew
               that
               with
               this
               he
               must
               begin
               his
               conversion
               ;
               and
               that
               knowne
               rule
               of
               Saint
               Austen
               *
               is
               in
               every
               mans
               mouth
               ,
               No
               remission
               without
               restitution
               .
               For
               this
               act
               is
               no
               small
               piece
               of
               commutative
               Justice
               ;
               which
               requires
               that
               every
               man
               should
               have
               his
               owne
               :
               Most
               just
               therefore
               it
               is
               ,
               that
               what
               you
               have
               taken
               ,
               or
               
               detained
               from
               the
               true
               owner
               should
               be
               restored
               ;
               neither
               can
               it
               be
               sufficient
               ,
               that
               you
               have
               conceived
               a
               drye
               and
               bootlesse
               sorrow
               for
               your
               wrongfull
               detention
               ,
               unlesse
               you
               also
               make
               amends
               to
               him
               by
               a
               reall
               compensation
               .
            
             
               But
               you
               are
               disabled
               to
               make
               restitution
               by
               reason
               of
               want
               ,
               your
               will
               is
               good
               ,
               but
               the
               necessity
               ,
               into
               which
               you
               are
               fallen
               ,
               makes
               you
               uncapable
               of
               performance
               :
               See
               first
               ,
               that
               it
               be
               a
               true
               ,
               and
               not
               fained
               necessity
               ;
               Many
               a
               one
               ,
               like
               to
               leud
               criples
               that
               pretend
               false
               soares
               ,
               counterfeit
               a
               need
               that
               is
               not
               ,
               and
               shelter
               themselves
               in
               a
               willing
               Jaile
               ,
               there
               living
               merrily
               upon
               there
               defrauded
               creditor
               ,
               whom
               they
               might
               honestly
               satisfie
               by
               a
               well
               improved
               libertie
               :
               This
               case
               is
               damnably
               unjust
               ;
               but
               if
               it
               be
               a
               true
               necessity
               of
               Gods
               making
               ,
               it
               must
               excuse
               you
               for
               the
               time
               ;
               till
               the
               same
               hand
               that
               did
               
               cast
               you
               downe
               ,
               shall
               be
               pleased
               to
               raise
               you
               up
               againe
               ;
               then
               ,
               you
               are
               bound
               to
               satisfie
               ;
               and
               in
               the
               meane
               time
               ,
               lay
               the
               case
               truly
               before
               your
               creditor
               ,
               who
               if
               he
               be
               not
               mercilesse
               ,
               where
               he
               sees
               a
               reall
               desire
               ,
               and
               indeavour
               of
               satisfaction
               ,
               will
               imitate
               his
               God
               in
               accepting
               the
               will
               for
               the
               deed
               :
               and
               wait
               patiently
               for
               the
               recovery
               of
               your
               estate
               .
            
             
               You
               ask
               now
               ,
               to
               whom
               you
               should
               tender
               restitution
               ?
            
             
               To
               whom
               ,
               but
               the
               owner
               ?
               But
               he
               ,
               you
               say
               ,
               is
               dead
               ;
               That
               will
               not
               excuse
               you
               ;
               he
               lives
               still
               in
               his
               heires
               ;
               It
               is
               memorable
               (
               though
               in
               a
               small
               matter
               )
               which
               Seneca
               reports
               of
               a
               Pythagorean
               Philosopher
               at
               Athens
               ,
               who
               having
               run
               upon
               the
               score
               for
               his
               shooes
               at
               a
               shop
               there
               ;
               hearing
               that
               the
               shoomaker
               was
               dead
               ,
               at
               first
               was
               glad
               to
               think
               the
               debt
               was
               now
               paid
               ;
               but
               straight
               recollecting
               himselfe
               ,
               he
               sayes
               within
               himselfe
               ;
               Yet
               ,
               howsoever
               ,
               
               ever
               ,
               the
               shoomaker
               lives
               still
               to
               thee
               ,
               though
               dead
               to
               others
               ;
               and
               thereupon
               puts
               his
               money
               into
               the
               shop
               ,
               as
               supposing
               that
               both
               of
               them
               would
               finde
               an
               owner
               .
               It
               is
               a
               rare
               case
               that
               a
               man
               dyes
               ,
               and
               leaves
               no
               body
               in
               whom
               his
               right
               survives
               :
               But
               if
               there
               be
               neither
               heire
               ,
               nor
               executor
               ,
               nor
               administrator
               ,
               nor
               assigne
               ;
               the
               poore
               (
               saith
               our
               Saviour
               )
               ye
               shall
               have
               alwayes
               with
               you
               ;
               Make
               thou
               them
               his
               heire
               :
               Turne
               your
               debt
               into
               almes
               .
            
             
               Obj.
               But
               alas
               you
               say
               ;
               I
               am
               poore
               my selfe
               ,
               what
               need
               I
               then
               look
               forth
               for
               any
               other
               ?
               Why
               may
               not
               I
               employ
               my
               restitution
               to
               the
               reliefe
               of
               my
               owne
               necessity
               ?
            
             
               Sol.
               It
               is
               dangerous
               ,
               and
               cannot
               be
               just
               for
               a
               man
               to
               be
               his
               owne
               carver
               altogether
               in
               a
               business
               of
               this
               nature
               ;
               You
               must
               look
               upon
               this
               money
               ,
               as
               no
               more
               yours
               than
               a
               strangers
               ;
               and
               howsoever
               it
               be
               most
               true
               that
               every
               
               man
               is
               nearest
               to
               himselfe
               ,
               and
               hath
               reason
               to
               wish
               to
               bee
               a
               sharer
               ,
               where
               the
               need
               is
               equall
               ;
               yet
               it
               is
               fit
               this
               should
               be
               done
               with
               the
               knowledge
               and
               approbation
               of
               others
               :
               Your
               Pastor
               ,
               and
               those
               other
               that
               are
               by
               authority
               interessed
               in
               these
               publique
               cares
               ,
               are
               fit
               to
               be
               acquainted
               with
               the
               case
               ;
               (
               if
               it
               be
               in
               a
               matter
               meet
               to
               be
               notified
               )
               as
               a
               businesse
               of
               debt
               or
               pecuniary
               ingagement
               ,
               let
               their
               wisdome
               proportion
               the
               distribution
               ;
               But
               if
               it
               be
               in
               the
               case
               of
               some
               secret
               crime
               ,
               as
               of
               theft
               ,
               or
               cozenage
               ,
               which
               you
               would
               keep
               as
               close
               as
               your
               owne
               heart
               ,
               the
               restitution
               must
               be
               charged
               upon
               your
               conscience
               to
               be
               made
               with
               so
               much
               more
               impartiality
               ,
               as
               you
               desire
               it
               more
               to
               be
               concealed
               ;
               Herein
               have
               a
               care
               of
               your
               soule
               ,
               what
               ever
               becomes
               of
               your
               estate
               .
            
             
               As
               for
               the
               time
               of
               restitution
               it
               is
               easily
               determined
               ,
               that
               it
               cannot
               
               well
               be
               too
               soone
               for
               the
               discharge
               of
               your
               conscience
               ,
               it
               may
               be
               too
               late
               for
               the
               occasions
               of
               him
               to
               whom
               it
               is
               due
               ;
               Although
               it
               may
               fall
               out
               ,
               that
               it
               may
               prove
               more
               fit
               to
               deferre
               for
               the
               good
               of
               both
               :
               wherein
               charity
               and
               justice
               must
               be
               called
               in
               as
               arbitrators
               ;
               The
               owner
               calls
               for
               his
               money
               in
               a
               riotous
               humour
               to
               mis-spend
               it
               upon
               his
               unlawfull
               pleasure
               ;
               if
               your
               delay
               may
               prevent
               the
               mischiefe
               ,
               the
               forbearance
               is
               an
               act
               of
               mercy
               :
               The
               owner
               calls
               for
               a
               sword
               deposited
               with
               you
               ,
               which
               you
               have
               cause
               to
               suspect
               he
               meanes
               to
               make
               use
               of
               ,
               for
               some
               ill
               purpose
               ;
               your
               forbearing
               to
               restore
               it
               is
               so
               both
               charitable
               and
               just
               ,
               that
               your
               act
               of
               delivery
               of
               it
               may
               make
               you
               accessary
               to
               a
               murther
               .
               Whereto
               I
               may
               adde
               ,
               that
               in
               the
               choice
               of
               the
               time
               ,
               you
               may
               lawfully
               have
               some
               respect
               to
               your selfe
               ;
               for
               if
               the
               present
               restitution
               should
               be
               to
               your
               utter
               undoing
               ,
               
               which
               may
               be
               avoided
               by
               some
               reasonable
               delay
               ,
               you
               have
               no
               reason
               to
               shun
               anothers
               inconvenience
               by
               your
               own
               inevitable
               ruine
               ;
               in
               such
               case
               let
               the
               creditor
               be
               acquainted
               with
               the
               necessity
               ,
               his
               offence
               deprecated
               ;
               and
               rather
               put
               your selfe
               upon
               the
               mercy
               of
               a
               Chancery
               ,
               then
               be
               guilty
               of
               your
               owne
               overthrow
               .
            
             
               But
               when
               the
               power
               is
               in
               your
               hand
               ,
               and
               the
               coast
               every
               way
               cleare
               ,
               let
               not
               another
               mans
               goods
               or
               mony
               stick
               to
               their
               fingers
               ;
               and
               thinke
               not
               that
               your
               head
               can
               long
               lye
               easily
               upon
               another
               mans
               pillow
               .
            
             
               Yea
               ,
               but
               you
               say
               the
               money
               or
               goods
               mis-carried
               ,
               either
               by
               robbery
               or
               false
               trust
               ,
               ere
               you
               could
               employ
               them
               to
               any
               profit
               at
               all
               ;
               This
               will
               not
               excuse
               you
               ;
               after
               they
               came
               into
               your
               power
               ,
               you
               are
               responsible
               for
               them
               ;
               What
               compassion
               this
               may
               work
               in
               the
               good
               nature
               of
               the
               owner
               for
               the
               favour
               of
               an
               abatement
               ,
               
               must
               be
               left
               to
               his
               own
               brest
               ;
               your
               tye
               to
               restitution
               is
               not
               the
               lesse
               ;
               For
               it
               is
               supposed
               ,
               had
               they
               remained
               in
               the
               owners
               hands
               they
               had
               been
               safe
               ;
               if
               it
               were
               not
               your
               fault
               ,
               yet
               it
               was
               your
               crosse
               ,
               that
               they
               miscarried
               ;
               and
               who
               should
               bear
               your
               crosse
               but
               your self
               ?
            
             
               
                 Shortly
                 then
                 ,
                 after
                 all
                 pretences
                 of
                 excuse
                 ;
                 the
                 charge
                 of
                 wise
              
               Solomon
               
                 must
                 be
                 obeyed
              
               :
               With-hold
               not
               good
               from
               the
               owners
               thereof
               ,
               when
               it
               is
               in
               the
               power
               of
               thine
               hand
               to
               doe
               it
               ,
               
                 Prov.
                 3
                 ,
                 17.
              
               
            
          
           
             
               CASE
               VIII
               .
            
             
               Whether
               ,
               and
               how
               farre
               doth
               a
               promise
               extorted
               by
               fear
               ,
               though
               seconded
               by
               an
               oath
               ,
               bind
               my
               conscience
               to
               performance
               ?
            
             
               A
               Mere
               promise
               is
               an
               honest
               mans
               strong
               obligation
               ;
               but
               if
               it
               be
               
               withall
               backed
               with
               an
               oath
               ,
               the
               bond
               is
               sacred
               ,
               and
               inviolable
               .
            
             
               But
               let
               me
               ask
               you
               what
               promise
               it
               is
               that
               you
               thus
               made
               ,
               and
               bound
               ▪
               If
               it
               be
               of
               a
               thing
               unlawfull
               to
               be
               done
               ,
               your
               promise
               and
               oath
               is
               so
               farre
               from
               binding
               you
               to
               performance
               ,
               that
               it
               bindes
               you
               onely
               to
               repentance
               that
               ever
               you
               made
               it
               ;
               In
               this
               case
               your
               performance
               would
               double
               and
               heighten
               your
               sinne
               :
               It
               was
               ill
               to
               promise
               ,
               but
               it
               would
               be
               worse
               to
               performe
               :
               Herod
               is
               by
               oath
               ingaged
               for
               an
               indefinite
               favour
               to
               Salome
               ;
               She
               pitches
               upon
               Baptist's
               head
               ;
               He
               was
               sory
               for
               such
               a
               choice
               ,
               yet
               for
               his
               oaths
               sake
               hee
               thinkes
               hee
               must
               make
               it
               good
               :
               Surely
               ,
               Herod
               was
               ill-principled
               ,
               that
               he
               could
               thinke
               a
               rash
               oath
               must
               binde
               him
               to
               murder
               an
               innocent
               ;
               He
               might
               have
               truly
               said
               ,
               this
               was
               more
               than
               he
               could
               doe
               ;
               for
               that
               we
               can
               do
               ,
               which
               we
               can
               lawfully
               doe
               .
            
             
             
               But
               if
               it
               be
               a
               lawfull
               thing
               that
               you
               have
               thus
               promised
               ,
               and
               sworne
               ;
               though
               the
               promise
               were
               unlawfully
               drawne
               from
               you
               by
               feare
               ,
               I
               dare
               not
               perswade
               you
               to
               violate
               it
               .
               It
               is
               true
               that
               divers
               learned
               Casuists
               hold
               ,
               that
               a
               promise
               drawne
               from
               a
               man
               by
               feare
               is
               void
               ,
               or
               at
               least
               revokable
               at
               pleasure
               ;
               and
               so
               also
               the
               oath
               annexed
               ,
               which
               followes
               the
               nature
               of
               the
               act
               whereto
               it
               appends
               ;
               chiefly
               upon
               this
               ground
               ;
               that
               both
               these
               are
               done
               without
               consent
               ,
               meere
               involuntary
               acts
               ,
               since
               nothing
               can
               be
               so
               contrary
               to
               consent
               as
               force
               and
               feare
               :
               But
               I
               dare
               not
               goe
               along
               with
               them
               ;
               for
               that
               I
               apprehend
               there
               is
               not
               an
               absolute
               involuntarinesse
               in
               this
               engagement
               ,
               but
               a
               mixt
               one
               ,
               such
               as
               the
               *
               Philosopher
               determines
               in
               the
               Mariner
               ,
               that
               casts
               his
               goods
               over
               board
               to
               save
               his
               life
               ;
               in
               it selfe
               ,
               he
               hath
               no
               will
               to
               doe
               it
               ;
               but
               here
               
               and
               now
               upon
               this
               danger
               imminent
               ,
               he
               hath
               an
               halfe-will
               to
               perform
               it
               .
            
             
               Secondly
               ,
               I
               build
               upon
               their
               owne
               ground
               ;
               There
               is
               the
               same
               reason
               ,
               they
               say
               ,
               of
               force
               ,
               and
               of
               fraud
               ;
               now
               that
               a
               promise
               and
               oath
               drawne
               from
               us
               by
               fraud
               bindes
               strongly
               ,
               we
               need
               no
               other
               instance
               then
               that
               of
               Joshua
               made
               to
               the
               Gibeonites
               ;
               there
               could
               not
               be
               a
               greater
               fraud
               than
               lay
               hid
               in
               the
               old
               shooes
               ,
               thred-bare
               garments
               ,
               rent
               bottels
               ,
               and
               mouldy
               provisions
               of
               those
               borderers
               ;
               who
               under
               the
               pretence
               of
               a
               remote
               nation
               put
               themselves
               under
               the
               interest
               and
               protection
               of
               
                 Israel
                 :
                 Josh.
                 9.
                 12
                 ,
                 13.
              
               &c.
               the
               guile
               soone
               proved
               apparent
               ,
               yet
               durst
               not
               Joshua
               ,
               though
               he
               found
               himselfe
               cheated
               into
               this
               covenant
               ,
               fall
               off
               from
               the
               league
               made
               with
               them
               ;
               which
               when
               ,
               after
               many
               ages
               ,
               Saul
               out
               of
               politique
               ends
               went
               about
               to
               have
               broken
               ,
               we
               see
               how
               fearfully
               it
               was
               avenged
               with
               a
               grievous
               
               plague
               of
               famine
               upon
               Israel
               ,
               even
               in
               Davids
               dayes
               ,
               2
               
                 Sam.
                 21.
                 1.
              
               who
               was
               no
               way
               accessary
               to
               the
               oppression
               ;
               neither
               could
               be
               otherwise
               expiated
               than
               by
               the
               bleeding
               of
               Saul's
               bloody
               house
               .
               When
               once
               we
               have
               interessed
               God
               in
               the
               businesse
               ,
               it
               is
               dangerous
               not
               to
               be
               punctuall
               in
               the
               performance
               .
               If
               therefore
               a
               bold
               thiefe
               ,
               taking
               you
               at
               an
               advantage
               ,
               have
               set
               his
               dagger
               to
               your
               brest
               ,
               and
               with
               big
               oathes
               threatned
               to
               stab
               you
               ,
               unlesse
               you
               promise
               and
               sweare
               to
               give
               him
               an
               hundred
               pounds
               to
               be
               left
               on
               such
               a
               day
               in
               such
               a
               place
               for
               him
               ,
               I
               see
               not
               how
               (
               if
               you
               be
               able
               )
               you
               can
               dispence
               with
               the
               performance
               ;
               the
               onely
               help
               is
               ,
               (
               which
               is
               well
               suggested
               by
               *
               Lessius
               )
               that
               nothing
               hinders
               why
               you
               may
               not
               ,
               when
               you
               have
               done
               ,
               call
               for
               it
               back
               againe
               ,
               as
               unjustly
               extorted
               .
               And
               truly
               ,
               we
               are
               beholding
               to
               the
               Jesuite
               for
               so
               much
               
               of
               a
               reall
               equivocation
               ;
               why
               should
               you
               not
               thus
               right
               your selfe
               ,
               since
               you
               have
               onely
               tyed
               your selfe
               to
               a
               mere
               payment
               of
               the
               summe
               ?
               upon
               staking
               it
               downe
               for
               him
               ,
               you
               are
               free
               .
               But
               if
               he
               have
               forc'd
               you
               to
               promise
               ,
               and
               swear
               not
               to
               make
               him
               knowne
               ,
               you
               are
               bound
               to
               be
               silent
               in
               this
               act
               ,
               concerning
               your selfe
               ;
               but
               withall
               ,
               if
               you
               find
               that
               your
               silence
               may
               be
               prejudiciall
               to
               the
               publique
               good
               ,
               for
               that
               you
               perceive
               the
               licentiousnesse
               of
               the
               offender
               proceeds
               (
               and
               is
               like
               so
               to
               doe
               )
               to
               the
               like
               mischiefe
               unto
               others
               ,
               you
               ought
               ,
               though
               not
               to
               accuse
               him
               for
               the
               fact
               done
               unto
               you
               ;
               yet
               to
               give
               warning
               to
               some
               in
               authority
               to
               have
               a
               vigilant
               eye
               upon
               so
               leud
               a
               person
               ,
               for
               the
               prevention
               of
               any
               further
               villany
               .
            
             
               But
               if
               it
               be
               in
               a
               businesse
               ,
               whose
               perill
               rests
               onely
               in
               your selfe
               ,
               the
               matter
               being
               lawfull
               to
               be
               done
               ;
               
               your
               promise
               and
               oath
               (
               though
               forced
               from
               you
               )
               must
               hold
               you
               close
               to
               performance
               ,
               notwitstanding
               the
               inconveniencies
               that
               attend
               .
               If
               therefore
               you
               are
               dismissed
               upon
               your
               Parole
               ,
               for
               a
               certaine
               time
               ,
               to
               returne
               home
               ,
               and
               dispose
               of
               your
               affaires
               ,
               and
               then
               to
               yield
               your selfe
               againe
               prisoner
               to
               an
               enemy
               ;
               the
               obligation
               is
               so
               strict
               and
               firme
               ,
               that
               no
               private
               respects
               may
               take
               it
               off
               :
               and
               it
               should
               be
               a
               just
               shame
               to
               you
               ,
               that
               a
               *
               Pagan
               should
               out
               of
               common
               honesty
               hold
               himself
               bound
               to
               his
               word
               ,
               (
               not
               without
               the
               danger
               of
               torment
               and
               death
               )
               when
               you
               that
               are
               a
               Christian
               slip
               away
               from
               your
               oath
               .
            
          
           
             
             
               CASE
               IV.
               
            
             
               Whether
               those
               moneys
               or
               goods
               which
               I
               have
               found
               ,
               may
               be
               safely
               taken
               and
               kept
               by
               me
               to
               my
               owne
               use
               .
            
             
               IT
               is
               well
               distinguished
               by
               Sotus
               out
               of
               Aquinas
               *
               ,
               that
               those
               things
               which
               may
               be
               found
               ,
               are
               either
               such
               as
               call
               no
               man
               master
               ,
               as
               some
               pearl
               ,
               or
               precious
               stone
               ,
               or
               Ambergris
               lying
               upon
               the
               shore
               ;
               or
               such
               as
               have
               an
               owner
               ,
               but
               unknowne
               to
               us
               ,
               or
               (
               as
               we
               may
               adde
               ,
               to
               make
               up
               the
               number
               compleat
               )
               such
               as
               whose
               owner
               we
               know
               .
               Where
               the
               true
               owner
               is
               knowne
               ,
               speedy
               restitution
               must
               follow
               ;
               otherwise
               the
               detention
               is
               in
               the
               next
               doore
               to
               theft
               ;
               Where
               the
               commodity
               found
               hath
               no
               owner
               ,
               it
               justly
               falls
               to
               the
               right
               of
               the
               first
               finder
               ;
               for
               both
               the
               place
               and
               the
               thing
               are
               masterlesse
               ,
               
                 (
                 adespota
              
               )
               and
               common
               ;
               
               offering
               themselves
               to
               the
               next
               commer
               :
               The
               onely
               difficulty
               is
               in
               those
               things
               which
               have
               an
               unknown
               owner
               :
               And
               certainly
               common
               justice
               and
               honesty
               suggests
               to
               us
               ,
               that
               we
               may
               not
               seize
               on
               commodities
               of
               this
               kinde
               ,
               as
               absolutely
               our
               own
               ;
               the
               casualty
               of
               their
               mis-laying
               doth
               not
               alter
               their
               propriety
               ;
               they
               are
               still
               his
               that
               lost
               them
               ;
               though
               out
               of
               his
               sight
               ,
               yet
               not
               out
               of
               his
               right
               ;
               and
               even
               naturall
               Justice
               ,
               would
               give
               every
               man
               his
               owne
               .
               The
               Lawes
               both
               Civill
               and
               Canon
               ,
               and
               Municipall
               doe
               sufficiently
               guide
               our
               practise
               in
               many
               particular
               cases
               of
               this
               nature
               ,
               and
               our
               Conscience
               must
               lead
               us
               to
               follow
               them
               :
               If
               they
               be
               quick
               commodities
               ,
               as
               horses
               ,
               sheep
               ,
               kine
               ,
               and
               the
               like
               ,
               (
               which
               we
               call
               Waifes
               and
               Strayes
               )
               every
               one
               knowes
               they
               are
               to
               be
               publiquely
               impounded
               ,
               that
               upon
               search
               the
               owner
               may
               be
               the
               surer
               to
               find
               them
               ;
               and
               if
               
               he
               come
               not
               in
               ,
               the
               sooner
               ,
               to
               be
               openly
               cryed
               in
               severall
               markets
               ,
               that
               the
               noise
               of
               his
               own
               neglected
               goods
               may
               come
               to
               his
               eare
               :
               and
               if
               ,
               upon
               a
               continuing
               silence
               ,
               they
               be
               put
               into
               the
               Custody
               of
               the
               Lord
               of
               the
               Manour
               ,
               (
               who
               is
               most
               likely
               to
               be
               responsible
               )
               and
               he
               shall
               make
               use
               of
               them
               ,
               before
               his
               year
               and
               day
               be
               expired
               ,
               he
               shall
               not
               doe
               it
               without
               some
               mark
               of
               distinction
               ,
               that
               yet
               the
               true
               owner
               may
               know
               ,
               they
               are
               not
               challenged
               by
               the
               present
               possessour
               ,
               as
               his
               owne
               ,
               but
               lye
               open
               to
               the
               just
               claime
               of
               their
               true
               master
               .
            
             
               But
               if
               they
               be
               dead
               commodities
               ,
               as
               a
               jewell
               ,
               a
               purse
               ,
               or
               some
               ring
               of
               price
               ,
               or
               the
               like
               ,
               the
               finder
               may
               not
               presently
               smother
               up
               the
               propriety
               of
               it
               in
               his
               owne
               cofer
               ;
               his
               heart
               tells
               him
               that
               the
               meer
               accident
               of
               his
               finding
               it
               ,
               cannot
               alienate
               the
               just
               right
               of
               it
               from
               the
               true
               owner
               ;
               he
               is
               therefore
               bound
               in
               conscience
               ,
               in
               an
               
               honest
               sincerity
               to
               use
               all
               good
               means
               for
               the
               finding
               out
               of
               the
               right
               proprietary
               ,
               whether
               by
               secret
               inquiry
               ,
               or
               open
               publication
               :
               and
               if
               after
               due
               inquisition
               ,
               no
               claime
               shall
               be
               made
               to
               it
               for
               the
               present
               ,
               he
               shall
               reserve
               it
               in
               his
               hand
               in
               expectation
               of
               a
               just
               challenge
               :
               upon
               the
               assurance
               whereof
               (
               how
               late
               soever
               )
               he
               is
               bound
               to
               restore
               it
               to
               the
               proper
               owner
               :
               who
               ,
               on
               the
               other
               side
               ,
               shall
               faile
               in
               his
               duty
               of
               gratitude
               ,
               if
               he
               returne
               not
               some
               meet
               acknowlegement
               of
               that
               good
               office
               ,
               and
               fidelity
               :
               In
               all
               which
               mutuall
               carriages
               ,
               we
               ought
               to
               be
               guided
               by
               those
               respects
               ,
               which
               we
               could
               wish
               tendered
               to
               our selves
               in
               the
               like
               occasions
               .
               Mean
               while
               ,
               in
               all
               the
               time
               of
               our
               custody
               ,
               we
               are
               to
               looke
               upon
               those
               commodities
               as
               strangers
               ;
               making
               account
               of
               such
               a
               potentiall
               right
               onely
               in
               them
               ,
               as
               we
               are
               ready
               and
               desirous
               to
               resigne
               to
               the
               hands
               that
               purchased
               and
               lost
               them
               .
               On
               
               the
               contrary
               ,
               no
               words
               can
               expresse
               the
               horrible
               cruelty
               and
               injustice
               that
               is
               wont
               to
               be
               done
               in
               this
               kinde
               ,
               not
               onely
               on
               our
               shores
               ,
               but
               in
               other
               nations
               also
               ,
               upon
               the
               ship-wrecked
               goods
               both
               of
               strangers
               ,
               and
               our
               own
               compatriots
               ;
               whiles
               in
               stead
               of
               compassioning
               and
               relieving
               the
               losse
               ,
               and
               miseryes
               of
               our
               distressed
               bretheren
               ,
               every
               man
               is
               ready
               to
               run
               upon
               the
               spoile
               ,
               and
               ,
               as
               if
               it
               were
               from
               some
               plundered
               enemy
               ,
               is
               eagerly
               busie
               in
               carrying
               away
               what
               riches
               soever
               come
               to
               hand
               ,
               which
               they
               falsly
               ,
               and
               injuriously
               terme
               
                 Gods
                 Grace
              
               ,
               when
               as
               indeed
               it
               is
               no
               other
               than
               the
               Devils
               booty
               .
               This
               practise
               can
               passe
               for
               no
               other
               than
               a
               meere
               robbery
               ,
               so
               much
               more
               haynous
               ,
               as
               the
               condition
               of
               the
               mis-carried
               owner
               is
               more
               miserable
               :
               what
               a
               foule
               inhumanity
               is
               this
               ,
               to
               persecute
               him
               whom
               God
               hath
               smitten
               ;
               and
               upon
               no
               other
               quarrell
               to
               be
               cruell
               to
               our
               brother
               ,
               than
               
               because
               the
               Sea
               hath
               been
               mercilesse
               ?
               Deare
               Countrymen
               ,
               ye
               especially
               of
               the
               West
               ,
               leave
               these
               abominable
               pillages
               to
               savage
               Nations
               ,
               that
               know
               not
               God
               ;
               and
               ,
               putting
               on
               the
               bowels
               of
               tender
               compassion
               ,
               lend
               your
               best
               succour
               rather
               for
               the
               rescue
               of
               poore
               wrecked
               soules
               ,
               and
               safely
               preserving
               that
               small
               residue
               of
               their
               drowned
               fraight
               ,
               which
               you
               cannot
               imagine
               that
               the
               Sea
               hath
               therefore
               forborn
               to
               swallow
               ,
               that
               you
               might
               .
            
          
           
             
               CASE
               X.
               
            
             
               Whether
               I
               may
               lawfully
               buy
               those
               goods
               which
               I
               shall
               strongly
               suspect
               ,
               or
               know
               to
               be
               stolen
               or
               plundered
               ;
               or
               ,
               if
               I
               have
               ignorantly
               bought
               such
               goods
               ,
               whether
               I
               may
               lawfully
               (
               after
               knowledge
               of
               their
               owner
               )
               keep
               them
               as
               miue
               .
            
             
               TO
               buy
               those
               goods
               which
               you
               know
               ,
               or
               have
               just
               cause
               to
               suspect
               
               to
               be
               stoln
               or
               plundered
               ,
               is
               no
               better
               th●n
               to
               make
               your selfe
               accessary
               to
               the
               theft
               ;
               if
               you
               doe
               it
               with
               an
               intention
               to
               possesse
               them
               as
               your
               owne
               ;
               for
               what
               doe
               you
               else
               herein
               ,
               but
               ex-post-facto
               partake
               with
               that
               thiefe
               ,
               who
               stole
               them
               ;
               and
               incourage
               him
               in
               his
               leud
               practices
               ?
               since
               according
               to
               the
               old
               word
               ;
               If
               there
               were
               no
               receivers
               ,
               there
               would
               be
               no
               thieves
               .
               Neither
               will
               it
               serve
               the
               turn
               ,
               that
               in
               the
               case
               of
               plunder
               ,
               there
               may
               seeme
               a
               pretence
               of
               justice
               ,
               in
               that
               this
               is
               pleaded
               perhaps
               to
               be
               done
               by
               some
               colour
               of
               authority
               ;
               for
               certainly
               where
               there
               is
               not
               law
               ,
               there
               can
               be
               no
               justice
               ,
               whereof
               law
               is
               the
               onely
               rule
               :
               Whatever
               then
               is
               against
               an
               established
               law
               ,
               in
               matter
               of
               right
               and
               possession
               ,
               can
               be
               no
               other
               than
               unjust
               ;
               Take
               heed
               therefore
               lest
               that
               heavy
               challenge
               of
               the
               Almighty
               be
               (
               upon
               this
               bargaine
               )
               charged
               upon
               you
               ;
               Psal.
               50.
               18.
               
               
                 When
                 thou
                 sawest
                 
                 a
                 thiefe
                 ,
                 thou
                 consentedst
                 with
                 him
                 :
              
               These
               stoln
               waters
               may
               be
               sweet
               in
               the
               mouth
               ,
               but
               they
               will
               be
               poyson
               in
               the
               maw
               ,
               and
               like
               the
               water
               of
               a
               just
               jealousie
               ,
               rottennesse
               to
               the
               belly
               :
               But
               if
               (
               as
               these
               ill-gotten
               goods
               are
               lightly
               cheap
               penny-worths
               )
               you
               buy
               them
               onely
               with
               an
               intention
               to
               gratifie
               the
               true
               owner
               ,
               with
               an
               easie
               purchase
               of
               his
               owne
               ,
               (
               which
               would
               perhaps
               else
               be
               unrecoverable
               )
               (
               whiles
               your
               profession
               ,
               it
               do
               it
               for
               no
               other
               end
               ,
               takes
               off
               the
               scandall
               )
               I
               cannot
               but
               allow
               your
               act
               ,
               and
               commend
               your
               charity
               .
            
             
               But
               if
               ,
               making
               use
               of
               that
               rule
               which
               Saint
               Paul
               gives
               for
               meat
               ,
               in
               bargaining
               for
               any
               other
               commodityes
               ,
               you
               shall
               extend
               your
               liberty
               to
               whatsoever
               is
               sold
               in
               the
               market
               ,
               and
               shall
               in
               the
               exercise
               of
               that
               freedome
               upon
               a
               just
               and
               valuable
               consideration
               ignorantly
               buy
               those
               goods
               which
               you
               afterward
               heare
               ,
               and
               know
               ,
               to
               
               be
               anothers
               ,
               the
               contract
               is
               on
               your
               part
               valid
               ,
               and
               faultlesse
               ,
               since
               your
               invincible
               want
               of
               knowledge
               acquits
               you
               from
               any
               guilt
               of
               consent
               ;
               but
               withall
               ,
               there
               is
               an
               after-game
               to
               be
               plaid
               by
               you
               :
               you
               are
               bound
               (
               upon
               just
               notice
               )
               to
               acquaint
               the
               true
               owner
               with
               the
               matter
               ,
               and
               to
               profer
               your selfe
               ready
               to
               joyne
               with
               him
               in
               the
               prosecution
               of
               law
               ,
               or
               justice
               upon
               the
               offender
               ,
               and
               upon
               a
               meet
               satisfaction
               to
               tender
               him
               his
               own
               .
            
             
               But
               if
               the
               theft
               be
               onely
               upon
               probability
               ;
               and
               it
               be
               doubtfull
               whether
               the
               goods
               belong
               to
               the
               owner
               notifyed
               to
               you
               ,
               your
               duty
               is
               to
               make
               diligent
               inquiry
               into
               the
               businesse
               ;
               and
               if
               upon
               due
               inquisition
               ,
               you
               finde
               too
               much
               likelihood
               of
               the
               theft
               ,
               I
               dare
               not
               advise
               you
               (
               with
               some
               Casuists
               )
               to
               reverse
               the
               bargaine
               ,
               and
               to
               returne
               the
               commodity
               to
               those
               false
               hands
               that
               purloyned
               it
               ;
               but
               rather
               to
               call
               the
               probable
               owner
               ,
               and
               with
               
               him
               to
               appeale
               unto
               just
               authority
               ;
               for
               a
               more
               full
               examination
               of
               the
               right
               ,
               and
               an
               award
               answerable
               to
               justice
               :
               but
               if
               there
               appeare
               no
               good
               grounds
               for
               an
               impeachment
               ,
               you
               may
               peaceably
               sit
               down
               in
               the
               possession
               ,
               till
               further
               evidence
               may
               convince
               your
               judgement
               in
               the
               contrary
               .
            
          
        
         
           
           
             RESOLUTIONS
             .
             The
             second
             Decade
             .
          
           
             Cases
             of
             Life
             and
             Liberty
             .
          
           
             
               CASE
               I.
               
            
             
               Whether
               ,
               and
               in
               what
               cases
               it
               may
               be
               lawfull
               for
               a
               man
               to
               take
               away
               the
               life
               of
               another
               .
            
             
               HOw
               light
               a
               matter
               soever
               it
               may
               seeme
               to
               the
               world
               now
               long
               soaked
               in
               blood
               ,
               a
               mans
               life
               is
               most
               precious
               ;
               and
               may
               not
               (
               but
               upon
               the
               waightiest
               of
               all
               causes
               )
               be
               either
               taken
               ,
               or
               given
               away
               .
               the
               great
               God
               
               hath
               reserved
               to
               himself
               this
               prerogative
               ,
               to
               be
               the
               onely
               absolute
               Lord
               of
               it
               ;
               neither
               can
               any
               creature
               have
               power
               to
               command
               it
               ,
               but
               those
               onely
               to
               whom
               he
               hath
               committed
               it
               by
               speciall
               deputation
               ;
               nor
               they
               neither
               ,
               by
               any
               independent
               or
               illimited
               authority
               ;
               but
               according
               as
               it
               is
               regulated
               by
               just
               lawes
               :
               to
               call
               for
               a
               mans
               life
               meerly
               out
               of
               will
               ,
               is
               no
               other
               than
               a
               Turkish
               tyranny
               .
            
             
               Now
               the
               same
               God
               that
               hath
               ordained
               Soveraign
               powers
               to
               judge
               of
               ,
               and
               protect
               the
               life
               of
               others
               ,
               hath
               given
               weighty
               charge
               to
               every
               man
               to
               tender
               and
               manage
               his
               owne
               :
               which
               bindes
               him
               to
               use
               all
               just
               meanes
               for
               his
               owne
               preservation
               ;
               although
               it
               should
               be
               the
               necessitated
               destruction
               of
               another
               .
            
             
               Let
               us
               see
               therefore
               how
               far
               ,
               and
               in
               what
               cases
               ,
               man
               ,
               that
               is
               alwayes
               appointed
               to
               be
               master
               of
               his
               owne
               life
               ,
               may
               be
               also
               master
               of
               another
               mans
               .
            
             
             
               That
               publique
               justice
               may
               take
               away
               the
               life
               of
               hainous
               malefactors
               ,
               is
               sufficiently
               knowne
               ,
               to
               be
               not
               lawfull
               onely
               ,
               but
               required
               ;
               and
               indeed
               so
               necessary
               ,
               that
               without
               it
               there
               were
               no
               living
               at
               all
               amongst
               men
               .
            
             
               That
               in
               a
               just
               warre
               the
               life
               of
               an
               open
               enemy
               may
               be
               taken
               away
               ,
               is
               no
               lesse
               evident
               ;
               the
               onely
               question
               is
               of
               private
               men
               in
               their
               owne
               cases
               .
            
             
               And
               here
               we
               need
               not
               doubt
               to
               say
               that
               even
               a
               private
               man
               ,
               being
               mortally
               assaulted
               ,
               may
               in
               his
               owne
               defence
               lawfully
               kill
               another
               ;
               I
               suppose
               the
               assault
               mortall
               ,
               when
               both
               the
               weapon
               is
               deadly
               ,
               and
               the
               fury
               of
               the
               assailant
               threatens
               death
               ;
               as
               for
               some
               sleight
               and
               suddaine
               passages
               of
               a
               switch
               ,
               or
               a
               cane
               ,
               they
               come
               not
               under
               this
               consideration
               ,
               although
               those
               small
               affronts
               offered
               to
               eminent
               persons
               prove
               oftentimes
               to
               be
               quarrells
               no
               lesse
               than
               mortall
               .
               But
               
               even
               in
               these
               assaults
               ,
               (
               except
               the
               violence
               be
               so
               too
               impetuous
               ,
               that
               it
               will
               admit
               of
               neither
               parle
               nor
               pause
               )
               there
               ought
               to
               be
               (
               so
               much
               as
               may
               consist
               with
               our
               necessary
               safety
               )
               a
               tender
               regard
               and
               indeavour
               to
               avoid
               the
               spilling
               of
               bloud
               ;
               but
               if
               neither
               perswasion
               ,
               nor
               the
               shifting
               (
               what
               we
               may
               )
               our
               station
               ,
               can
               abate
               any
               thing
               of
               the
               rage
               of
               the
               assailer
               ,
               death
               must
               :
               Yea
               ,
               if
               not
               my
               brother
               onely
               ,
               but
               my
               father
               ,
               or
               my
               sonne
               should
               in
               this
               forcible
               manner
               set
               upon
               mee
               ,
               howsoever
               I
               should
               hazard
               the
               award
               of
               some
               blowes
               ,
               and
               with
               teares
               beg
               a
               forbearance
               ,
               yet
               ,
               if
               there
               would
               bee
               no
               remedy
               ,
               nature
               must
               pardon
               mee
               ;
               no
               man
               can
               bee
               so
               neare
               mee
               as
               my selfe
               .
            
             
               I
               cannot
               therefore
               subscribe
               to
               the
               counsell
               of
               *
               
                 Leonardus
                 Lessius
              
               (
               abetting
               some
               ancieut
               Casuists
               ,
               and
               pretended
               
               to
               be
               countenanced
               by
               some
               Fathers
               )
               that
               it
               were
               meet
               for
               Clericall
               and
               Religious
               persons
               rather
               to
               suffer
               death
               ,
               than
               to
               kill
               a
               murtherer
               :
               since
               no
               reason
               can
               be
               shewed
               ,
               why
               their
               life
               should
               not
               bee
               as
               deare
               to
               them
               as
               others
               ;
               or
               why
               they
               should
               be
               exempted
               from
               the
               common
               law
               of
               nature
               ;
               or
               why
               their
               sacred
               hands
               should
               be
               more
               stained
               with
               the
               foule
               blood
               of
               a
               wicked
               man-slayer
               ,
               justly
               shed
               ,
               than
               any
               others
               .
               I
               am
               sure
               Phineas
               thought
               not
               so
               ;
               nor
               Samuel
               after
               him
               ;
               and
               (
               which
               is
               most
               of
               all
               )
               that
               the
               honor
               and
               priviledges
               of
               the
               Sonnes
               of
               Levi
               were
               both
               procured
               ,
               and
               seoffed
               on
               them
               upon
               an
               injoyned
               blood-shed
               .
            
             
               *
               Onely
               here
               is
               the
               favour
               and
               mercy
               of
               that
               learned
               Casuist
               ,
               that
               Clerks
               and
               Votaries
               are
               not
               alwayes
               bound
               rather
               to
               dye
               ,
               than
               kill
               :
               for
               ,
               saith
               he
               ,
               if
               such
               religious
               persons
               should
               bethink
               
               himselfe
               ,
               that
               he
               is
               in
               a
               deadly
               sinne
               ,
               and
               should
               thereupon
               feare
               that
               he
               should
               be
               damned
               ,
               if
               he
               were
               killed
               in
               that
               wofull
               and
               desperate
               estate
               ;
               hee
               were
               then
               bound
               by
               all
               meanes
               to
               defend
               himselfe
               ,
               and
               to
               preferre
               the
               safety
               of
               his
               owne
               soule
               ,
               before
               the
               life
               of
               another
               :
               As
               if
               nothing
               but
               the
               feare
               of
               damnation
               could
               warrant
               a
               man
               for
               his
               owne
               safeguard
               ,
               as
               if
               nothing
               but
               the
               danger
               of
               hell
               could
               authorize
               an
               holy
               person
               to
               be
               his
               owne
               guardian
               ;
               as
               if
               the
               best
               of
               lives
               were
               so
               cheap
               and
               worthlesse
               ,
               that
               they
               might
               be
               given
               away
               for
               nothing
               ,
               whereas
               contrarily
               
                 Precious
                 in
                 the
                 sight
                 of
                 the
                 Lord
                 is
                 the
                 death
                 of
                 all
                 his
                 Saints
                 ,
              
               Psalm
               .
               116.
               
               But
               in
               such
               a
               case
               (
               according
               to
               the
               opinion
               of
               this
               great
               *
               Casuist
               )
               charity
               to
               our selves
               doth
               not
               more
               arme
               and
               enforce
               our
               hand
               ,
               than
               charity
               to
               our
               neighbour
               holds
               it
               ,
               and
               bindes
               it
               up
               :
               We
               may
               
               not
               kill
               ,
               lest
               the
               man-slayer
               ,
               dying
               in
               the
               attempt
               of
               this
               murther
               ,
               should
               everlastingly
               perish
               :
               Surely
               ,
               I
               cannot
               but
               admire
               this
               unreasonable
               mercy
               in
               a
               father
               of
               the
               Society
               ;
               Where
               was
               this
               consideration
               when
               so
               many
               thousands
               of
               innocent
               persons
               were
               doomed
               to
               be
               blown
               up
               in
               a
               state
               of
               impenitence
               ;
               whose
               unrepented
               heresie
               must
               needs
               have
               sent
               them
               up
               instantly
               to
               their
               hell
               ?
            
             
               By
               this
               reason
               ,
               a
               malefactor
               ,
               if
               he
               be
               obdured
               in
               his
               sinne
               ,
               and
               professeth
               to
               bee
               remorslesse
               ,
               may
               not
               feele
               the
               stroke
               of
               Justice
               .
               Shortly
               then
               ,
               if
               a
               man
               will
               needes
               be
               wicked
               to
               my
               destruction
               ,
               the
               evill
               is
               his
               owne
               ;
               let
               him
               beare
               his
               owne
               guilt
               ,
               let
               me
               looke
               to
               my
               owne
               indempnity
               .
            
             
               The
               case
               is
               yet
               more
               difficult
               where
               the
               attempt
               is
               not
               upon
               my
               person
               ,
               but
               my
               goods
               ;
               if
               a
               man
               will
               be
               offering
               to
               robbe
               my
               house
               ,
               or
               to
               take
               my
               purse
               ,
               what
               may
               I
               doe
               in
               this
               
               case
               ?
               Surely
               ,
               neither
               charity
               ,
               nor
               justice
               can
               disswade
               me
               from
               resisting
               ;
               the
               lawes
               of
               God
               and
               man
               will
               allow
               me
               to
               defend
               my
               owne
               ;
               and
               if
               in
               this
               resistance
               the
               Thief
               ,
               or
               Burglayer
               miscarry
               ,
               his
               blood
               will
               be
               upon
               his
               owne
               head
               :
               although
               in
               the
               meane
               time
               ,
               charity
               forbids
               that
               this
               slaughter
               should
               be
               first
               in
               my
               intention
               ;
               which
               is
               primarily
               bent
               upon
               my
               owne
               safety
               ,
               and
               the
               vindication
               of
               my
               owne
               just
               propriety
               :
               the
               blood
               that
               followes
               is
               but
               the
               unwilling
               attendant
               of
               my
               defence
               :
               of
               the
               shedding
               whereof
               ,
               God
               is
               so
               tender
               ,
               that
               he
               ordained
               it
               onely
               to
               be
               inoffensively
               done
               in
               a
               nightly
               robbery
               ;
               
                 Exodus
                 22.
                 2.
              
               where
               the
               purpose
               of
               the
               thiefe
               is
               likely
               to
               bee
               more
               murtherous
               ,
               and
               the
               act
               more
               uncapable
               of
               restitution
               .
            
             
               What
               then
               if
               the
               thiefe
               ,
               after
               his
               robbery
               done
               ,
               ceasing
               any
               further
               danger
               of
               violence
               ,
               shall
               betake
               himselfe
               
               to
               his
               heeles
               ,
               and
               run
               away
               with
               my
               money
               ?
               In
               such
               a
               case
               ,
               if
               the
               summe
               be
               so
               considerable
               ,
               as
               that
               it
               much
               imports
               my
               estate
               ,
               how
               ever
               our
               municipall
               lawes
               may
               censure
               it
               (
               with
               which
               ,
               of
               old
               ,
               even
               as
               killing
               (
               *
               
                 se
                 defendendo
              
               )
               was
               no
               lesse
               than
               felony
               of
               death
               )
               my
               Conscience
               should
               not
               strike
               me
               if
               I
               pursue
               him
               with
               all
               might
               ,
               and
               in
               hot
               chase
               so
               strike
               him
               ,
               as
               that
               by
               this
               meanes
               I
               disable
               him
               from
               a
               further
               escape
               ,
               for
               the
               recovery
               of
               my
               owne
               ;
               and
               if
               hereupon
               his
               death
               shall
               follow
               ,
               however
               I
               should
               passe
               with
               men
               ,
               God
               and
               my
               owne
               heart
               would
               acquit
               mee
               .
            
             
               Neither
               doubt
               I
               to
               say●
               the
               like
               may
               be
               done
               upon
               a
               forcible
               attempt
               of
               the
               violation
               of
               the
               Chastity
               of
               either
               sexe
               :
               A
               case
               long
               agoe
               adjudged
               by
               the
               doome
               of
               nature
               it selfe
               in
               Marius
               the
               Generall
               of
               the
               Roman
               
               army
               (
               as
               *
               Cicero
               tells
               us
               )
               clearely
               acquitting
               a
               young
               man
               for
               killing
               a
               Colonel
               that
               would
               have
               forced
               him
               in
               this
               kind
               .
            
             
               But
               I
               may
               not
               assent
               to
               †
               
                 Dominicus
                 Bannez
                 ,
                 Petrus
                 Navarrus
              
               ,
               and
               Cajetan
               ,
               (
               though
               grave
               Authors
               )
               who
               hold
               ,
               that
               if
               a
               man
               goe
               about
               upon
               false
               and
               deadly
               criminations
               to
               subborne
               witnesses
               against
               mee
               ,
               to
               accuse
               me
               to
               a
               corrupted
               Judge
               ,
               with
               a
               purpose
               to
               take
               away
               my
               life
               ,
               in
               a
               colour
               of
               justice
               ,
               if
               I
               have
               no
               other
               way
               to
               avoid
               the
               malice
               ,
               I
               may
               lawfully
               kill
               him
               :
               It
               were
               a
               wofull
               and
               dangerous
               case
               ,
               if
               every
               man
               might
               be
               allowed
               to
               carve
               himselfe
               of
               justice
               ;
               Meere
               accusations
               are
               no
               convictions
               ;
               How
               know
               I
               what
               God
               may
               work
               for
               me
               on
               the
               Bench
               ,
               or
               at
               the
               Barre
               ?
               what
               evidence
               hee
               may
               raise
               to
               cleare
               mee
               ?
               what
               confusion
               ,
               or
               contraction
               hee
               
               may
               cause
               in
               the
               mouthes
               of
               the
               hired
               witnesses
               ?
               what
               change
               he
               may
               work
               in
               the
               Judge
               ;
               what
               interposition
               of
               higher
               powers
               ;
               There
               is
               a
               providence
               in
               this
               case
               to
               be
               relyed
               upon
               ;
               which
               can
               and
               will
               bring
               about
               his
               owne
               holy
               purposes
               ,
               without
               our
               presumptuous
               ,
               and
               unwarrantable
               undertakings
               .
            
          
           
             
               CASE
               II.
               
            
             
               Whether
               may
               I
               lawfully
               make
               use
               of
               a
               Duell
               for
               the
               deciding
               of
               my
               right
               ,
               or
               the
               vindication
               of
               my
               honour
               ?
            
             
               I
               Have
               long
               agoe
               spent
               my
               opinion
               upon
               this
               point
               ,
               in
               a
               large
               epistolar
               discourse
               ,
               which
               I
               finde
               no
               reason
               to
               alter
               :
               thither
               I
               might
               referre
               you
               to
               spare
               my
               labour
               ;
               but
               lest
               perhaps
               that
               should
               not
               be
               at
               hand
               ;
               shortly
               thus
               :
            
             
               The
               sword
               in
               a
               private
               hand
               was
               
               never
               ordained
               to
               be
               a
               decider
               of
               any
               controversies
               ,
               save
               this
               one
               ,
               whether
               of
               the
               two
               is
               the
               better
               Fencer
               ;
               nor
               yet
               that
               alwayes
               ,
               since
               Eccles.
               9.
               11.
               
               
                 The
                 race
                 is
                 not
                 to
                 the
                 swift
                 ,
                 nor
                 the
                 battaile
                 to
                 the
                 strong
              
               ;
               as
               Solomon
               hath
               observed
               :
               It
               can
               be
               no
               better
               therefore
               ,
               than
               a
               meere
               tempting
               of
               God
               ,
               as
               *
               Rodriguez
               justly
               censures
               it
               ,
               to
               put
               our selves
               ,
               or
               our
               cause
               upon
               so
               unwarranted
               a
               tryall
               :
               I
               finde
               but
               two
               practises
               of
               it
               in
               the
               Records
               of
               Scripture
               ;
               the
               one
               ,
               that
               famous
               challenge
               of
               Goliah
               ,
               which
               that
               proud
               Philistim
               had
               not
               made
               ,
               if
               he
               had
               not
               presumed
               of
               his
               Giantly
               strength
               ,
               and
               stature
               ,
               so
               utterly
               unmatchable
               by
               all
               
                 Israel
                 ,
                 1
                 Sam.
                 17.
                 24.
              
               that
               the
               whole
               host
               was
               ready
               to
               give
               back
               upon
               his
               appearance
               ;
               he
               knew
               the
               advantage
               so
               palpable
               ,
               that
               none
               would
               dare
               to
               undertake
               the
               quarrell
               ;
               and
               had
               still
               gone
               on
               to
               triumph
               over
               that
               trembling
               
               army
               ,
               had
               not
               Gods
               inexpected
               champion
               ,
               by
               divine
               instinct
               taken
               up
               the
               monster
               ,
               and
               vanquisht
               him
               ,
               leaving
               all
               but
               his
               head
               ,
               to
               bedung
               that
               earth
               ,
               which
               had
               lately
               shaken
               at
               his
               terrour
               .
            
             
               The
               other
               was
               in
               that
               mortall
               quarrell
               betwixt
               Joab
               and
               Abner
               ,
               on
               the
               behalfe
               of
               their
               two
               Masters
               ,
               David
               and
               Ishbosheth
               ;
               2
               Sam.
               2.
               14.
               wherein
               Abner
               invites
               his
               rivall
               in
               honor
               ,
               to
               a
               Tragicall
               play
               ,
               (
               as
               he
               termes
               it
               )
               a
               monomachie
               of
               twelve
               single
               combatants
               on
               either
               part
               ;
               which
               was
               so
               acted
               ,
               that
               no
               man
               went
               victor
               away
               from
               that
               bloudy
               Theater
               ;
               Only
               it
               is
               observable
               ,
               that
               in
               both
               these
               conflicts
               still
               the
               challengers
               had
               the
               worst
               .
            
             
               In
               imitation
               of
               which
               latter
               ,
               I
               cannot
               allow
               that
               which
               I
               find
               frequently
               done
               in
               the
               managing
               of
               publique
               hostility
               ;
               that
               some
               confident
               Caval●er
               out
               of
               meere
               bravery
               of
               spirit
               
               craves
               leave
               to
               put
               himselfe
               forth
               before
               both
               Armies
               ,
               and
               (
               as
               in
               way
               of
               preface
               to
               an
               ensuing
               battaile
               )
               bids
               defiance
               to
               any
               Antagonist
               ;
               An
               act
               of
               more
               valor
               than
               judgement
               ;
               whereof
               the
               undertaking
               is
               void
               of
               warrant
               ;
               and
               the
               issue
               (
               lightly
               )
               of
               successe
               ?
               whiles
               it
               pleaseth
               God
               commonly
               to
               punish
               presumption
               with
               a
               foyle
               ;
               and
               the
               ominous
               miscarriage
               of
               one
               ,
               proves
               a
               sad
               discouragement
               to
               many
               .
            
             
               And
               if
               single
               fortitude
               be
               not
               triable
               this
               way
               ,
               much
               lesse
               Justice
               in
               causes
               litigious
               ;
               to
               make
               the
               sword
               arbiter
               of
               such
               differences
               ,
               were
               no
               better
               than
               to
               revive
               the
               old
               Ordalian
               triall
               used
               by
               our
               Heathen
               Ancestors
               :
               Sith
               God
               hath
               no
               more
               ordained
               ,
               nor
               promised
               to
               blesse
               the
               one
               than
               the
               other
               ;
               And
               reason
               it selfe
               tells
               us
               ,
               in
               how
               ill
               a
               condition
               that
               righteous
               cause
               is
               ,
               which
               must
               be
               carried
               by
               the
               sharper
               weapon
               ,
               
               the
               stronger
               arme
               ,
               the
               skilfuller
               fencer
               .
            
             
               Now
               whereas
               there
               are
               two
               acts
               ,
               as
               introductions
               into
               the
               field
               ,
               a
               Challenge
               ,
               and
               an
               Acceptation
               ;
               both
               of
               them
               have
               their
               guilt
               ,
               but
               the
               former
               so
               much
               more
               ,
               as
               it
               hath
               in
               it
               more
               provocation
               to
               evill
               .
            
             
               I
               cannot
               therefore
               but
               wonder
               at
               ,
               and
               cry
               downe
               the
               opinion
               of
               Bannez
               ,
               and
               Cajetan
               ,
               that
               a
               man
               slandered
               by
               an
               unjust
               accuser
               ,
               may
               justly
               challenge
               him
               the
               field
               ,
               and
               vindicate
               himselfe
               by
               the
               sword
               ;
               A
               Doctrine
               ,
               which
               if
               it
               were
               allowed
               and
               accordingly
               practised
               ,
               besides
               that
               it
               would
               destroy
               the
               course
               of
               justice
               ,
               and
               wrest
               revenge
               out
               of
               the
               hands
               of
               the
               Almighty
               ,
               were
               enough
               to
               make
               the
               world
               an
               Aceldama
               ;
               For
               who
               would
               not
               be
               his
               owne
               Judge
               for
               the
               Accusation
               ;
               and
               his
               owne
               Executioner
               for
               the
               revenge
               ?
            
             
               There
               may
               yet
               seeme
               more
               innocence
               
               in
               the
               Acceptation
               ;
               which
               makes
               shew
               of
               a
               meere
               passive
               nature
               ,
               and
               appeares
               to
               be
               extorted
               by
               the
               insolence
               of
               a
               provoking
               adversary
               ,
               whose
               pressures
               are
               wont
               to
               receive
               such
               construction
               ,
               as
               that
               the
               challenged
               party
               refusing
               ,
               upon
               what
               ground
               soever
               ,
               is
               in
               the
               vulgar
               opinion
               proclaimed
               for
               base
               and
               recreant
               ;
               and
               I
               must
               needs
               confesse
               ,
               the
               irritation
               diminisheth
               the
               offence
               ;
               but
               withall
               ,
               however
               the
               Spanish
               and
               Italian
               Casuists
               (
               whose
               Nations
               are
               wont
               to
               stand
               a
               little
               too
               highly
               upon
               the
               points
               of
               a
               mis
               called
               honour
               )
               are
               wont
               to
               passe
               faire
               interpretations
               of
               the
               matter
               ,
               I
               cannot
               but
               find
               it
               deeply
               guilty
               also
               :
               for
               what
               is
               this
               other
               ,
               than
               a
               consent
               to
               sin
               by
               engaging
               in
               blood
               ;
               which
               by
               a
               man
               wise
               and
               conscionable
               might
               be
               turned
               off
               with
               a
               just
               contempt
               ,
               without
               imputation
               of
               cowardise
               :
               since
               the
               plea
               of
               conscience
               is
               able
               to
               beare
               downe
               
               the
               vaine
               fancies
               of
               idle
               sword-men
               :
               or
               ,
               if
               that
               will
               not
               be
               taken
               ,
               the
               false
               blurres
               that
               are
               cast
               upon
               a
               worthy
               mans
               reputation
               by
               vulgar
               breath
               ,
               deserve
               no
               entertainment
               but
               scorne
               ;
               or
               lastly
               ,
               other
               means
               lie
               open
               to
               both
               parts
               for
               the
               proofe
               of
               a
               questioned
               valour
               ,
               which
               in
               a
               lawfull
               way
               the
               challenged
               is
               ready
               to
               embrace
               ;
               he
               walks
               not
               unprovided
               about
               the
               businesse
               of
               his
               calling
               ,
               if
               he
               be
               fairely
               set
               upon
               ,
               on
               equall
               termes
               ,
               he
               shall
               make
               no
               doubt
               to
               defend
               himselfe
               :
               But
               to
               make
               a
               formall
               businesse
               of
               a
               quarrell
               ,
               on
               either
               part
               ,
               and
               to
               agree
               upon
               a
               bargaine
               of
               blood-shedding
               ,
               is
               wicked
               and
               damnable
               ;
               and
               though
               both
               should
               come
               fairely
               off
               ,
               yet
               the
               very
               intention
               to
               kill
               ,
               is
               murther
               .
            
             
               This
               case
               is
               so
               cleare
               ,
               that
               the
               Counsell
               of
               *
               Trent
               hath
               thought
               fit
               to
               denounce
               heavy
               sentences
               ,
               and
               inflict
               
               sharp
               censures
               upon
               Emperours
               ,
               Kings
               ,
               States
               ,
               and
               Potentates
               ,
               that
               shall
               give
               allowance
               to
               Duels
               within
               their
               Dominions
               ;
               pronouncing
               them
               
                 ipso
                 jure
              
               excommunicate
               ;
               and
               depriving
               them
               of
               those
               towns
               ,
               cities
               ,
               lands
               ,
               (
               if
               held
               of
               the
               Church
               )
               where
               such
               unlawfull
               acts
               are
               made
               :
               And
               that
               those
               who
               either
               act
               ,
               or
               patronize
               ,
               and
               by
               their
               presence
               assist
               ,
               countenance
               ,
               or
               abett
               such
               combats
               ,
               shall
               incurre
               the
               sentence
               of
               excommunication
               ,
               the
               losse
               of
               all
               their
               goods
               ,
               and
               perpetuall
               infamy
               ;
               and
               if
               they
               dye
               in
               such
               quarrell
               ,
               shall
               ,
               as
               selfe-murtherers
               ,
               be
               debarred
               the
               priviledge
               of
               Christian
               buriall
               .
            
             
               Briefly
               therefore
               ,
               neither
               your
               justice
               ,
               nor
               your
               honour
               may
               depend
               upon
               the
               point
               of
               private
               swords
               ,
               and
               if
               there
               can
               be
               no
               other
               remedy
               ,
               you
               must
               rather
               suffer
               in
               either
               ,
               than
               hazard
               your
               soule
               .
            
          
           
             
             
               CASE
               III.
               
            
             
               Whether
               may
               it
               be
               lawfull
               ,
               in
               case
               of
               extremity
               ,
               to
               procure
               the
               abortion
               of
               the
               child
               ,
               for
               the
               preservation
               of
               the
               mother
               ?
            
             
               I
               Feare
               want
               of
               true
               judgement
               renders
               too
               many
               of
               the
               weaker
               sexe
               grossely
               culpable
               in
               matter
               of
               willing
               abortion
               ;
               whiles
               being
               not
               well
               principled
               either
               in
               nature
               ,
               or
               grace
               ,
               they
               think
               it
               not
               unlawfull
               ,
               or
               at
               least
               ,
               venially
               so
               ,
               whether
               out
               of
               the
               feare
               of
               painefull
               childe-birth
               ,
               or
               for
               the
               avoidance
               of
               too
               great
               a
               charge
               ,
               to
               prevent
               the
               fulnesse
               of
               their
               conceptions
               ;
               and
               therefore
               ,
               either
               by
               over
               vehement
               motion
               ,
               or
               unwholsome
               medicine
               ,
               are
               not
               unwilling
               to
               fore-stall
               nature
               ,
               and
               to
               free
               themselves
               early
               of
               that
               which
               might
               in
               time
               prove
               their
               burden
               :
               Wherein
               they
               little
               know
               how
               highly
               
               they
               offend
               the
               Majesty
               of
               God
               in
               destroying
               his
               potentiall
               creature
               ,
               and
               how
               heavy
               weight
               of
               guilt
               they
               lay
               upon
               their
               soules
               ,
               whiles
               they
               indeavour
               to
               give
               an
               undue
               ease
               to
               their
               bodies
               .
            
             
               Your
               question
               supposes
               an
               extremity
               ;
               and
               surely
               such
               it
               had
               need
               to
               be
               ,
               that
               may
               warrant
               the
               intention
               of
               such
               an
               event
               .
            
             
               For
               the
               deciding
               whereof
               ,
               our
               Casuists
               are
               wont
               to
               distinguish
               double
               ;
               both
               of
               the
               state
               of
               the
               conception
               ,
               and
               of
               the
               nature
               of
               the
               receipt
               :
               In
               the
               former
               ,
               they
               consider
               of
               the
               Conception
               ,
               either
               as
               it
               is
               before
               it
               receive
               life
               ,
               or
               after
               that
               it
               is
               animated
               :
               Before
               it
               receive
               life
               ,
               they
               are
               wont
               to
               determine
               ,
               that
               howsoever
               it
               were
               no
               lesse
               than
               mortall
               sin
               ,
               in
               a
               Physitian
               to
               prescribe
               a
               medicinall
               receit
               to
               cause
               abortion
               ,
               for
               the
               hiding
               of
               a
               sinne
               ,
               or
               any
               outward
               secular
               occasion
               ;
               yet
               for
               the
               preservation
               
               of
               the
               life
               of
               the
               mother
               ,
               in
               an
               extreme
               danger
               ,
               (
               I
               say
               ,
               before
               animation
               )
               it
               might
               be
               lawfull
               :
               But
               after
               life
               once
               received
               ,
               it
               were
               an
               hainous
               sin
               to
               administer
               any
               such
               mortall
               remedy
               .
               The
               latter
               Casuists
               are
               better
               advised
               ;
               and
               justly
               hold
               that
               to
               give
               any
               such
               expelling
               or
               destructive
               medicine
               ,
               with
               a
               direct
               intention
               to
               work
               an
               abortment
               ,
               (
               whether
               before
               or
               after
               animation
               )
               is
               utterly
               unlawfull
               ,
               and
               highly
               sinfull
               :
               And
               with
               them
               I
               cannot
               but
               concur
               in
               opinion
               ;
               For
               ,
               after
               conception
               we
               know
               that
               naturally
               followes
               animation
               ,
               there
               is
               only
               the
               time
               that
               makes
               the
               difference
               ;
               which
               in
               this
               case
               is
               not
               so
               considerable
               ,
               as
               to
               take
               off
               a
               sinne
               :
               That
               of
               *
               Tertullian
               comes
               home
               to
               the
               point
               which
               both
               Covarruvias
               and
               †
               Lessius
               urge
               to
               this
               purpose
               :
               
                 Homicidii
                 festinatio
                 est
                 prohibere
                 nasci
              
               ;
               It
               is
               but
               an
               hastening
               of
               murder
               
               to
               hinder
               that
               which
               would
               bee
               born
               ;
               
                 Homo
                 est
                 qui
                 futurus
                 est
              
               ;
               It
               is
               a
               man
               that
               would
               be
               so
               ,
               &c.
               
            
             
               Upon
               this
               ground
               we
               know
               that
               in
               a
               further
               degree
               of
               remotenesse
               ,
               a
               voluntary
               selfe
               pollution
               hath
               ever
               beene
               held
               to
               have
               so
               much
               guilt
               in
               it
               ,
               as
               that
               
                 Angelus
                 Politianus
              
               reports
               it
               as
               the
               high
               praise
               of
               *
               
                 Michael
                 Verrinus
              
               ,
               that
               he
               would
               rather
               dye
               ,
               than
               yeild
               to
               it
               :
               how
               much
               more
               when
               there
               is
               a
               further
               progresse
               made
               towards
               the
               perfection
               of
               humane
               life
               ?
            
             
               And
               if
               you
               tell
               me
               that
               the
               life
               of
               the
               mother
               might
               thus
               be
               preserved
               ,
               whereas
               otherwise
               both
               she
               and
               all
               the
               possibilities
               of
               further
               conceptions
               are
               utterly
               lost
               ;
               I
               must
               answer
               you
               with
               that
               sure
               and
               universall
               rule
               of
               the
               Apostle
               ,
               That
               
                 wee
                 may
                 not
                 doe
                 evill
                 that
                 good
                 may
                 come
                 thereon
                 ,
              
               Rom.
               3.
               8.
               
            
             
             
               The
               second
               consideration
               is
               of
               the
               nature
               of
               the
               receit
               ,
               and
               the
               intention
               of
               the
               prescriber
               ;
               There
               are
               prescripts
               that
               may
               ,
               in
               ,
               and
               of
               themselves
               tend
               towards
               cure
               ,
               and
               may
               have
               ordinarily
               such
               an
               effect
               ;
               but
               yet
               being
               used
               and
               applyed
               for
               the
               mothers
               remedy
               ,
               may
               prove
               the
               losse
               of
               the
               conception
               ,
               being
               yet
               inanimate
               ;
               these
               if
               they
               be
               given
               with
               no
               other
               intention
               than
               the
               preservation
               of
               the
               mothers
               life
               ,
               may
               bee
               capable
               of
               excuse
               ;
               for
               that
               the
               inconvenience
               (
               or
               mischief
               rather
               )
               which
               followed
               upon
               the
               receits
               was
               accidentall
               ,
               and
               utterly
               against
               the
               minde
               ,
               and
               hopes
               of
               him
               that
               advised
               them
               .
            
             
               But
               if
               the
               conception
               bee
               once
               formed
               ,
               and
               animated
               ,
               the
               question
               will
               be
               so
               much
               more
               difficult
               ,
               as
               the
               proceedings
               of
               nature
               are
               more
               forward
               :
               Whereupon
               it
               is
               ,
               that
               the
               Septuagint
               in
               their
               Translation
               (
               as
               Lessius
               well
               observes
               )
               have
               rendered
               
               that
               Mosaicall
               law
               (
               in
               
                 Lxod.
                 21.
              
               )
               concerning
               abortions
               ,
               in
               these
               termes
               .
               
                 If
                 a
                 man
                 strike
                 a
                 woman
                 that
                 is
                 with
                 child
                 ,
                 and
                 shee
                 make
                 an
                 abortion
                 ,
                 if
                 the
                 child
                 were
                 formed
                 ,
                 he
                 shall
                 give
                 his
                 life
                 for
                 the
                 life
                 of
                 the
                 child
                 ;
                 if
                 it
                 were
                 not
                 formed
                 ,
                 he
                 shall
                 be
                 punished
                 with
                 a
                 pecuniary
                 mulct
                 to
                 her
                 husband
              
               *
               :
               applying
               that
               to
               the
               issue
               ,
               which
               the
               Vulgar
               Latin
               understands
               of
               the
               mother
               ;
               and
               making
               the
               supposition
               to
               be
               of
               a
               formation
               and
               life
               ;
               which
               the
               Latine
               more
               agreeably
               to
               the
               Originall
               ,
               makes
               to
               be
               Death
               ;
               and
               our
               English
               ,
               with
               †
               Castalion
               expresses
               by
               Mischief
               :
               but
               whether
               the
               Mischief
               be
               meant
               of
               the
               death
               of
               the
               mother
               ,
               or
               of
               the
               late-living
               issue
               ,
               the
               Scripture
               hath
               not
               declared
               :
               *
               
                 Cornelius
                 à
                 Lapide
              
               taking
               it
               expresly
               of
               the
               mothers
               
               death
               ,
               yet
               drawes
               the
               judgement
               out
               ,
               in
               an
               equall
               length
               to
               the
               death
               of
               the
               childe
               ,
               once
               animated
               ;
               making
               no
               difference
               of
               the
               guilt
               ;
               since
               the
               infants
               soule
               is
               of
               no
               lesse
               worth
               ,
               than
               hers
               that
               beates
               him
               .
            
             
               In
               this
               case
               of
               the
               conception
               animated
               ,
               I
               find
               the
               Casuists
               much
               divided
               ;
               Whiles
               some
               more
               tender
               than
               their
               fellowes
               ,
               will
               not
               allow
               in
               the
               utmost
               extremity
               of
               a
               dying
               mother
               ,
               a
               medicine
               that
               may
               be
               directly
               curative
               to
               be
               given
               her
               ,
               if
               it
               should
               be
               with
               any
               apparent
               danger
               of
               the
               childe
               ;
               in
               case
               that
               the
               child
               may
               be
               probably
               drawne
               forth
               alive
               ;
               which
               they
               doe
               upon
               this
               false
               and
               bloudily
               uncharitable
               ground
               ,
               *
               that
               the
               child
               dying
               without
               Baptisme
               ,
               is
               liable
               to
               eternall
               damnation
               ,
               which
               wofull
               danger
               therefore
               the
               mother
               ought
               
               to
               prevent
               ,
               though
               with
               the
               certaine
               hazard
               of
               her
               own
               life
               :
               but
               the
               foundation
               of
               this
               judgement
               being
               unsound
               ,
               (
               since
               to
               doome
               the
               children
               of
               believing
               Parents
               inevitably
               to
               hell
               for
               the
               want
               of
               that
               ,
               which
               they
               are
               not
               possibly
               capable
               to
               receive
               ,
               is
               too
               cruell
               and
               horrible
               )
               the
               structure
               must
               needes
               totter
               .
               These
               men
               whiles
               they
               professe
               themselves
               too
               carefull
               of
               the
               soule
               of
               the
               childe
               (
               which
               yet
               may
               perhaps
               be
               safer
               than
               their
               owne
               )
               seeme
               to
               bee
               somewhat
               too
               hard-hearted
               to
               the
               body
               of
               the
               mother
               .
            
             
               *
               Others
               more
               probably
               hold
               ,
               that
               if
               the
               case
               be
               utterly
               desperate
               ;
               and
               it
               bee
               certaine
               that
               both
               mother
               and
               childe
               must
               undoubtedly
               perish
               if
               some
               speedy
               remedy
               be
               not
               had
               ;
               it
               may
               then
               be
               lawfull
               to
               make
               use
               of
               such
               receits
               as
               may
               possibly
               give
               some
               hopes
               to
               save
               the
               mother
               ,
               
               though
               not
               without
               some
               perill
               of
               the
               child
               .
            
             
               But
               all
               this
               while
               ,
               the
               intentions
               ,
               and
               indeavours
               must
               be
               no
               other
               than
               preservatory
               ;
               however
               it
               pleaseth
               God
               to
               order
               the
               events
               :
               Shortly
               ,
               no
               man
               that
               purposely
               procureth
               an
               abortion
               ,
               as
               such
               ,
               can
               wash
               his
               hands
               from
               blood
               ;
               No
               woman
               that
               wilfully
               acts
               ,
               or
               suffers
               it
               ,
               (
               however
               the
               secrecy
               may
               exempt
               her
               from
               the
               danger
               of
               humane
               lawes
               )
               can
               thinke
               to
               avoid
               those
               judgments
               of
               the
               righteous
               God
               ,
               which
               he
               hath
               charged
               upon
               murderers
               .
            
             
               I
               cannot
               here
               therefore
               forbeare
               to
               give
               the
               world
               notice
               of
               the
               impious
               indulgence
               of
               a
               late
               Pope
               in
               this
               kind
               ;
               
                 Sixtus
                 quintus
              
               ,
               who
               in
               our
               time
               sat
               in
               the
               See
               of
               Rome
               ,
               finding
               the
               horrible
               effects
               of
               that
               liberty
               ,
               which
               too
               many
               both
               secular
               and
               religious
               persons
               tooke
               to
               themselves
               in
               this
               matter
               of
               abortion
               ;
               in
               a
               just
               detestation
               of
               that
               
               damnable
               practice
               ,
               thought
               meet
               in
               much
               fervour
               of
               spirit
               to
               set
               forth
               his
               
                 Bulla
                 Cruciata
              
               ;
               than
               which
               there
               was
               never
               a
               more
               zealous
               piece
               published
               to
               the
               world
               ;
               wherein
               that
               Pope
               pronounces
               all
               those
               ,
               which
               have
               any
               hand
               in
               the
               acting
               or
               procuring
               of
               this
               wicked
               fact
               ,
               of
               the
               ejecting
               of
               conceptions
               ,
               whether
               animate
               or
               inanimate
               ,
               formed
               ,
               or
               informed
               ,
               by
               potions
               ,
               or
               medicaments
               ,
               or
               any
               other
               meanes
               whatsoever
               ,
               to
               have
               incurred
               both
               the
               crime
               and
               punishment
               of
               man
               slaughter
               :
               charging
               due
               execution
               to
               be
               done
               upon
               such
               persons
               accordingly
               :
               And
               withall
               in
               a
               direfull
               manner
               excommunicates
               them
               ,
               and
               sends
               them
               to
               hell
               ,
               (
               without
               repentance
               )
               reserving
               the
               absolution
               solely
               to
               himselfe
               and
               his
               successors
               .
            
             
               Now
               comes
               a
               late
               *
               successor
               of
               his
               ,
               
                 Gregory
                 14
              
               ;
               who
               finding
               the
               
               sentence
               too
               unreasonably
               hard
               for
               his
               petulant
               ,
               and
               thriftie
               Italians
               ,
               and
               ,
               indeed
               ,
               for
               all
               loose
               persons
               of
               both
               sexes
               ;
               mitigates
               the
               matter
               ;
               and
               ,
               as
               a
               Spanish
               Casuist
               expresses
               it
               truly
               ,
               in
               the
               very
               first
               yeare
               of
               his
               Pontificate
               in
               a
               certaine
               Constitution
               of
               his
               ,
               dated
               at
               Rome
               ,
               the
               last
               day
               of
               May
               ,
               1591.
               
                 delevit
                 censuras
                 ,
                 quas
              
               Sixtus
               V.
               
                 imposuerat
                 contra
                 facientes
                 ,
                 procurantes
                 ,
                 &c.
              
               abolisht
               and
               took
               off
               those
               heavy
               censures
               ,
               which
               *
               Sixtus
               had
               imposed
               and
               reduced
               the
               terrible
               punishments
               by
               him
               ordained
               to
               be
               inflicted
               unto
               a
               poore
               bare
               irregularity
               ;
               and
               determines
               ,
               that
               any
               Confessor
               ,
               allowed
               by
               the
               Ordinary
               ,
               may
               absolve
               from
               this
               sin
               of
               procured
               abortion
               :
               By
               the
               sleightnesse
               of
               the
               censure
               ,
               in
               effect
               ,
               animating
               the
               sin
               :
               An
               act
               well
               becomming
               
               the
               mother
               of
               Fornications
               :
               After
               all
               which
               Pandarisme
               ,
               let
               all
               good
               Christians
               know
               ,
               and
               resolve
               the
               crime
               to
               be
               no
               lesse
               than
               damnable
               .
            
             
               But
               withall
               ,
               let
               me
               advise
               you
               ,
               (
               with
               *
               
                 Martinus
                 Vivaldus
              
               )
               that
               what
               I
               have
               herein
               written
               against
               the
               procurers
               of
               abortions
               ,
               may
               not
               be
               extended
               to
               the
               practise
               of
               those
               discreet
               Physitians
               ,
               and
               Chirurgeans
               ,
               who
               being
               called
               to
               for
               their
               aide
               in
               difficult
               and
               hopelesse
               child-births
               ,
               prescribe
               to
               the
               woman
               in
               travaile
               such
               receits
               ,
               as
               may
               be
               like
               to
               hasten
               her
               delivery
               ,
               (
               whether
               the
               childe
               be
               alive
               or
               dead
               :
               )
               forasmuch
               as
               the
               conception
               is
               now
               at
               the
               full
               maturity
               ;
               and
               the
               indeavour
               of
               these
               Artists
               is
               not
               to
               force
               an
               abortement
               ,
               but
               to
               bring
               forward
               a
               naturall
               birth
               ,
               to
               the
               preservation
               of
               the
               mother
               ,
               or
               the
               childe
               ,
               or
               both
               .
            
          
           
             
             
               CASE
               IV.
               
            
             
               Whether
               a
               man
               adjudged
               to
               perpetuall
               imprisonment
               ,
               or
               death
               ,
               may
               in
               conscience
               indeavour
               ,
               and
               practise
               an
               escape
               .
            
             
               WHat
               the
               Civill
               or
               Common
               Lawes
               have
               in
               this
               case
               determined
               for
               the
               publique
               good
               ,
               comes
               not
               within
               the
               compasse
               of
               our
               disquisition
               :
               Let
               the
               Guardians
               ,
               and
               Ministers
               of
               those
               Lawes
               looke
               carefully
               to
               the
               just
               execution
               of
               them
               accordingly
               :
               The
               question
               is
               onely
               of
               the
               law
               of
               private
               conscience
               ;
               how
               farre
               that
               will
               allow
               a
               man
               to
               goe
               in
               case
               of
               a
               sentence
               passed
               upon
               him
               ,
               whether
               of
               death
               or
               bonds
               .
            
             
               And
               first
               of
               all
               ;
               if
               such
               sentence
               be
               unjustly
               passed
               upon
               an
               innocent
               ,
               no
               man
               can
               doubt
               ,
               but
               that
               hee
               may
               most
               lawfully
               ,
               by
               all
               just
               meanes
               ,
               worke
               his
               owne
               freedome
               :
               But
               if
               
               an
               offender
               ,
               what
               may
               he
               doe
               ?
               The
               common
               opinion
               of
               Casuists
               is
               peremptory
               ;
               *
               That
               he
               that
               is
               kept
               in
               prison
               for
               any
               offence
               wherupon
               may
               follow
               death
               ,
               or
               losse
               of
               limb
               ,
               whether
               the
               crime
               be
               publique
               or
               private
               ,
               may
               lawfully
               flee
               from
               his
               imprisonment
               ,
               and
               may
               for
               that
               purpose
               use
               those
               helps
               of
               filing
               ,
               or
               mining
               ,
               which
               conduce
               to
               this
               purpose
               :
               Their
               ground
               is
               ,
               that
               universall
               rule
               ,
               and
               instinct
               of
               selfe-preservation
               ,
               which
               is
               naturall
               to
               every
               creature
               ;
               much
               more
               eminent
               in
               man
               ,
               who
               is
               furnished
               with
               better
               faculties
               than
               the
               rest
               ,
               for
               the
               working
               of
               his
               own
               indemnity
               :
               Whereto
               is
               added
               that
               main
               consideration
               of
               Aquinas
               ;
               That
               no
               man
               is
               bound
               to
               kill
               himselfe
               ,
               but
               onely
               doomed
               to
               suffer
               death
               ;
               not
               therefore
               bound
               to
               doe
               that
               upon
               which
               death
               will
               inevitably
               follow
               ,
               which
               
               is
               to
               wait
               in
               prison
               for
               the
               stroak
               ,
               if
               he
               may
               avoid
               it
               ;
               it
               is
               enough
               that
               he
               patiently
               submits
               to
               what
               the
               law
               forces
               upon
               him
               ,
               though
               he
               doe
               not
               cooperate
               to
               his
               owne
               destruction
               :
               his
               sentence
               abridges
               him
               of
               power
               ,
               not
               of
               will
               to
               depart
               :
               Whereupon
               they
               have
               gone
               so
               far
               ,
               as
               to
               hold
               it
               in
               point
               of
               conscience
               not
               unlawfull
               for
               the
               friends
               of
               the
               imprisoned
               ,
               to
               conveigh
               unto
               him
               files
               ,
               and
               cords
               ,
               or
               other
               instruments
               usefull
               for
               their
               escape
               :
               But
               herein
               some
               better-advised
               Doctors
               have
               justly
               dissented
               from
               them
               ;
               as
               those
               ,
               whose
               Judgement
               hath
               not
               beene
               more
               favourable
               to
               malefactors
               ,
               than
               dangerous
               and
               prejudiciall
               to
               the
               Common-wealth
               :
               for
               how
               safe
               soever
               this
               might
               seeme
               in
               lighter
               trespasses
               ,
               yet
               if
               this
               might
               be
               allowed
               ,
               as
               in
               conscience
               lawfull
               to
               be
               done
               to
               the
               rescue
               of
               murtherers
               ,
               traytors
               ,
               or
               such
               other
               flagitious
               villains
               ,
               what
               infinite
               mischiefe
               might
               
               it
               produce
               ?
               and
               what
               were
               this
               other
               than
               to
               invite
               men
               to
               be
               accessary
               to
               those
               crimes
               ,
               which
               the
               law
               in
               a
               due
               way
               intends
               to
               punish
               ?
               Certainly
               ,
               by
               how
               much
               a
               more
               laudable
               act
               of
               Justice
               it
               is
               ,
               to
               free
               the
               society
               of
               men
               from
               such
               wicked
               miscreants
               ,
               by
               so
               much
               more
               sinfull
               and
               odious
               an
               office
               it
               were
               ,
               to
               use
               these
               sinister
               means
               for
               their
               exemption
               from
               the
               due
               course
               of
               Justice
               ;
               But
               howsoever
               for
               another
               man
               to
               yield
               such
               unlawfull
               aide
               ,
               is
               no
               better
               than
               a
               foule
               affront
               of
               publique
               Justice
               ,
               and
               enwrappes
               the
               agent
               in
               a
               partnership
               of
               crime
               ;
               yet
               the
               law
               of
               nature
               puts
               this
               liberty
               upon
               the
               restrained
               party
               himselfe
               ,
               both
               to
               wish
               and
               indeavour
               his
               owne
               deliverance
               :
               Although
               not
               so
               ;
               but
               that
               if
               the
               prisoner
               have
               ingaged
               himselfe
               by
               solemne
               promise
               ,
               and
               oath
               to
               his
               keeper
               ,
               not
               to
               depart
               out
               of
               his
               custody
               ;
               honesty
               must
               prevaile
               above
               nature
               ;
               and
               he
               ought
               rather
               
               to
               dye
               ,
               than
               violate
               that
               bond
               which
               is
               stronger
               than
               his
               irons
               :
               Very
               Heathens
               have
               by
               their
               example
               taught
               us
               this
               lesson
               ;
               to
               regard
               our
               fidelity
               ,
               more
               than
               our
               life
               :
               Thus
               it
               should
               be
               ,
               and
               is
               ,
               with
               those
               that
               are
               truly
               Christian
               and
               ingenuous
               ,
               under
               what
               ever
               capacity
               ;
               but
               in
               the
               case
               of
               gracelesse
               and
               felonious
               persons
               ,
               Goalers
               have
               reason
               to
               looke
               to
               their
               bolts
               and
               locks
               ;
               knowing
               (
               according
               to
               the
               old
               rule
               of
               wise
               Thales
               )
               that
               he
               who
               hath
               not
               stuck
               at
               one
               villany
               ,
               will
               easily
               swallow
               another
               ;
               perjury
               will
               easily
               downe
               with
               him
               ,
               that
               hath
               made
               no
               bones
               of
               murther
               .
            
             
               But
               where
               the
               case
               is
               entire
               ,
               no
               man
               can
               blame
               a
               captive
               if
               he
               would
               bee
               free
               ;
               and
               if
               hee
               may
               untie
               the
               knot
               of
               a
               cord
               wherewith
               he
               was
               bound
               ;
               why
               may
               he
               not
               unriver
               ,
               or
               grate
               an
               iron
               wherewith
               he
               is
               fettered
               ?
               for
               so
               much
               as
               hee
               is
               not
               bound
               to
               yeild
               ,
               
               or
               continue
               a
               consent
               to
               his
               owne
               durance
               :
               This
               charge
               lies
               upon
               the
               keeper
               ,
               not
               the
               prisoner
               .
            
             
               A
               man
               that
               is
               condemned
               to
               perish
               by
               famine
               ,
               yet
               if
               he
               can
               come
               by
               sustenance
               may
               receive
               ,
               and
               eat
               it
               :
               That
               Athenian
               malefactor
               ,
               in
               *
               
                 Valerius
                 Maximus
              
               ,
               sentenced
               to
               die
               by
               hunger
               ,
               was
               never
               found
               fault
               with
               ,
               that
               he
               maintained
               himself
               in
               his
               dungeon
               by
               the
               brests
               of
               his
               good-natur'd
               daughter
               .
            
             
               And
               if
               a
               man
               be
               condemned
               to
               be
               devoured
               by
               a
               Lion
               ,
               there
               can
               be
               no
               reason
               why
               he
               should
               not
               (
               what
               he
               may
               )
               resist
               that
               furious
               beast
               ,
               and
               save
               his
               owne
               life
               .
            
             
               But
               when
               I
               see
               our
               Romish
               Casuists
               so
               zealously
               tender
               in
               the
               case
               of
               Religious
               persons
               ,
               as
               that
               they
               will
               not
               allow
               them
               ,
               upon
               a
               just
               imprisonment
               ,
               to
               stirre
               out
               of
               those
               grates
               ,
               whereto
               they
               are
               confined
               ,
               by
               
               the
               doom
               of
               their
               Prelates
               ;
               And
               when
               I
               see
               the
               brave
               resolutions
               of
               holy
               Martyrs
               ,
               that
               even
               when
               the
               doores
               were
               set
               open
               ,
               would
               not
               flee
               from
               a
               threatned
               death
               ,
               I
               cannot
               but
               conclude
               ,
               that
               whatsoever
               nature
               suggests
               to
               a
               man
               ,
               to
               work
               for
               his
               owne
               life
               or
               liberty
               ,
               when
               it
               is
               forfeited
               to
               Justice
               ,
               yet
               that
               it
               is
               meet
               and
               commendable
               in
               a
               true
               penitent
               ,
               when
               he
               findes
               the
               doome
               of
               death
               or
               perpetuall
               durance
               justly
               passed
               upon
               him
               ,
               humbly
               to
               submit
               to
               the
               sentence
               ;
               and
               not
               entertaine
               the
               motions
               and
               meanes
               of
               a
               projected
               evasiō
               :
               but
               meekly
               to
               stoop
               unto
               lawfull
               authority
               ,
               and
               to
               wait
               upon
               the
               issue
               whether
               of
               Justice
               ,
               or
               Mercy
               :
               and
               at
               the
               vvorst
               ,
               to
               say
               vvith
               the
               Poet
               ,
               
                 Merui
                 ,
                 nec
                 deprecor
              
               .
            
          
           
             
             
               CASE
               V.
               
            
             
               Whether
               and
               how
               far
               a
               man
               may
               be
               urged
               to
               an
               Oath
               .
            
             
               AN
               Oath
               ,
               as
               it
               is
               a
               sacred
               thing
               ,
               so
               it
               must
               bee
               no
               otherwise
               than
               holily
               used
               ;
               whether
               on
               the
               part
               of
               the
               giver
               ,
               or
               taker
               ;
               and
               therefore
               may
               neither
               be
               rashly
               uttered
               ,
               nor
               unduly
               tendered
               upon
               sleight
               ,
               or
               unwarrantable
               occasions
               :
               We
               have
               not
               to
               doe
               here
               with
               a
               promissory
               oath
               ,
               the
               obligation
               whereof
               is
               for
               another
               inquisition
               ;
               It
               is
               the
               assertory
               oath
               that
               is
               now
               under
               our
               hand
               ;
               which
               the
               great
               ,
               God
               by
               whom
               we
               sweare
               ,
               hath
               ordained
               to
               be
               an
               end
               of
               controversies
               ;
               
                 At
                 the
                 mouth
                 of
                 two
                 or
                 three
                 witnesses
                 shall
                 the
                 matter
                 be
                 established
                 ,
                 Deuter.
                 19.
                 15.
              
               and
               17.
               6.
               
               As
               for
               secular
               Titles
               of
               mine
               ,
               or
               thine
               ;
               the
               propriety
               of
               goods
               ,
               or
               lands
               ,
               next
               after
               written
               evidences
               ,
               testimonies
               upon
               Oath
               
               must
               needs
               be
               held
               most
               fitly
               decisive
               the
               only
               scruples
               are
               wont
               to
               be
               made
               in
               causes
               criminall
               .
            
             
               1.
               
               Wherein
               surely
               we
               may
               lay
               this
               undoubted
               ground
               ,
               that
               no
               man
               is
               to
               be
               proceeded
               against
               without
               an
               accuser
               ,
               and
               that
               accusation
               must
               be
               made
               good
               by
               lawfull
               witnesses
               :
               A
               Judge
               may
               not
               cast
               any
               man
               upon
               the
               plea
               of
               his
               owne
               ey-sight
               :
               should
               this
               liberry
               be
               granted
               ,
               Innocence
               might
               suffer
               ,
               and
               Malice
               triumph
               :
               Neither
               may
               any
               man
               be
               condemned
               upon
               hear-say
               ;
               which
               how
               commonly
               false
               it
               is
               ,
               daily
               experience
               sufficiently
               evinceth
               .
            
             
               On
               the
               other
               side
               ,
               men
               are
               apt
               enough
               to
               connive
               at
               each
               others
               wickednesse
               ;
               and
               every
               man
               is
               loath
               to
               be
               an
               Informer
               ,
               whether
               out
               of
               the
               envy
               of
               the
               office
               ,
               or
               out
               of
               the
               conscience
               of
               his
               owne
               obnoxiousnesse
               .
            
             
               And
               yet
               thirdly
               ,
               it
               is
               requisite
               that
               care
               should
               bee
               taken
               ,
               and
               all
               due
               
               meanes
               used
               by
               authority
               ,
               that
               the
               world
               may
               not
               be
               over-run
               with
               wickednesse
               ;
               but
               that
               vice
               may
               be
               found
               out
               ,
               repressed
               ,
               punished
               .
            
             
               There
               cannot
               ,
               fourthly
               ,
               be
               devised
               a
               fairer
               ,
               and
               more
               probable
               course
               for
               the
               effecting
               hereof
               ,
               than
               by
               the
               discovery
               upon
               oaths
               of
               the
               Officers
               and
               Jurors
               in
               Assizes
               ,
               and
               Sessions
               ;
               and
               of
               Churchwardens
               ,
               and
               Sidemen
               in
               Visitations
               .
            
             
               The
               ground
               of
               all
               presentments
               to
               ,
               or
               by
               these
               men
               must
               be
               either
               their
               owne
               knowledge
               ,
               or
               publique
               fame
               ,
               or
               an
               avowed
               information
               .
               Any
               of
               these
               gives
               a
               lawful
               hint
               to
               the
               Judge
               ,
               whether
               Ecclesiasticall
               or
               Civill
               ,
               to
               take
               sull
               triall
               of
               the
               cause
               and
               person
               .
            
             
               Knowledge
               is
               alwayes
               certain
               ,
               but
               fame
               is
               often
               a
               lyar
               ;
               and
               therefore
               every
               idle
               rumour
               must
               not
               be
               straight
               taken
               upon
               trust
               ;
               the
               inconvenience
               and
               injury
               whereof
               I
               have
               often
               
               seene
               ;
               when
               some
               malicious
               person
               ,
               desiring
               to
               doe
               a
               despight
               to
               an
               innocent
               Neighbour
               ,
               raises
               a
               causelesse
               slander
               against
               him
               ,
               whispers
               it
               to
               some
               dis-affected
               Gossips
               ,
               this
               flies
               to
               the
               eare
               of
               an
               Apparitor
               ;
               hee
               straight
               runs
               to
               the
               Office
               ,
               and
               suggests
               a
               publique
               fame
               ;
               the
               honest
               man
               is
               called
               into
               the
               Court
               ;
               his
               reputation
               is
               blurred
               in
               being
               but
               summoned
               ;
               and
               after
               all
               his
               trouble
               and
               disgrace
               hath
               his
               amends
               in
               his
               own
               hands
               .
            
             
               The
               rule
               of
               some
               Casuists
               ,
               that
               ten
               tongues
               make
               a
               fame
               ,
               is
               groundlesse
               and
               insufficient
               ;
               neither
               is
               the
               number
               so
               much
               to
               be
               regarded
               as
               the
               quality
               of
               the
               persons
               .
            
             
               If
               a
               whole
               pack
               of
               debauched
               companions
               shall
               conspire
               to
               staine
               the
               good
               name
               of
               an
               innocent
               (
               as
               we
               have
               too
               often
               knowne
               )
               it
               were
               a
               shamefull
               injustice
               to
               allow
               them
               the
               Authors
               of
               a
               fame
               :
               the
               more
               judicious
               
               Doctors
               have
               defined
               a
               publique
               fame
               by
               the
               voice
               of
               the
               greater
               part
               of
               that
               Community
               ,
               wherein
               it
               is
               spread
               ,
               whether
               Towne
               ,
               Parish
               ,
               City
               :
               and
               therein
               of
               those
               that
               are
               discreet
               ,
               honest
               ,
               well-behaved
               .
               We
               are
               wont
               to
               say
               ,
               Where
               there
               is
               much
               smoake
               ,
               there
               is
               likely
               some
               fire
               :
               an
               universall
               report
               from
               such
               mouthes
               therefore
               ,
               may
               well
               give
               occasion
               to
               a
               further
               inquiry
               .
               If
               any
               mans
               zeale
               against
               vice
               will
               make
               it
               a
               matter
               of
               instance
               ,
               the
               case
               is
               cleare
               ,
               and
               the
               proceeding
               unquestionable
               ;
               But
               if
               it
               be
               matter
               of
               meere
               office
               ,
               the
               carriage
               of
               the
               processe
               may
               bee
               liable
               to
               doubt
               ;
               Herein
               it
               is
               meet
               such
               course
               be
               taken
               ,
               as
               that
               neither
               a
               notorious
               evill
               may
               be
               smothered
               ,
               nor
               yet
               innocence
               injured
               :
               To
               which
               purpose
               the
               most
               confident
               reporter
               may
               be
               called
               upon
               (
               because
               fame
               hath
               too
               many
               tongues
               to
               speak
               at
               once
               )
               to
               lay
               forth
               the
               grounds
               of
               that
               his
               whispered
               crimination
               ;
               and
               
               if
               the
               Circumstances
               appeare
               pregnant
               ,
               and
               the
               Suspicions
               strong
               ,
               I
               see
               not
               why
               the
               Ecclesiasticall
               Judge
               (
               for
               with
               him
               onely
               in
               this
               case
               I
               professe
               to
               meddle
               )
               may
               not
               convent
               the
               person
               accused
               ,
               lay
               before
               him
               the
               crime
               which
               is
               secretly
               charged
               upon
               him
               ;
               and
               either
               upon
               his
               ingenuous
               confession
               ,
               enjoyn
               him
               such
               satisfction
               to
               the
               scandalized
               Corgregation
               as
               may
               be
               most
               fit
               ,
               or
               upon
               his
               denyall
               urge
               him
               to
               cleare
               himselfe
               by
               lawfull
               witnesses
               ,
               of
               the
               crime
               objected
               ;
               Or
               why
               he
               may
               not
               ,
               if
               hee
               see
               further
               cause
               ,
               appoint
               a
               discreet
               and
               able
               prosecutor
               to
               follow
               the
               business
               in
               a
               legall
               way
               ;
               upon
               whom
               the
               accused
               ,
               if
               he
               be
               found
               guiltless
               ,
               may
               right
               himselfe
               .
            
             
               But
               all
               this
               while
               ,
               I
               finde
               no
               just
               place
               for
               an
               oath
               to
               be
               administred
               to
               a
               man
               for
               his
               owne
               accusation
               ;
               which
               certainly
               ,
               is
               altogether
               both
               illegall
               and
               unreasonable
               ;
               If
               a
               man
               
               will
               voluntarily
               offer
               to
               cleare
               himselfe
               by
               an
               Oath
               ,
               out
               of
               the
               assurednesse
               of
               his
               owne
               innocence
               ,
               he
               may
               be
               allowed
               to
               be
               heard
               ,
               but
               this
               may
               neither
               be
               pressed
               to
               be
               done
               ,
               nor
               yet
               conclusive
               ,
               when
               it
               is
               done
               ;
               for
               both
               every
               man
               is
               apt
               to
               be
               partiall
               in
               his
               owne
               case
               ,
               and
               he
               that
               durst
               act
               a
               foule
               sin
               will
               dare
               to
               face
               it
               .
               It
               was
               ever
               therefore
               lawfull
               (
               even
               when
               Ecclesiasticall
               Inquisitions
               were
               at
               the
               highest
               )
               for
               a
               man
               to
               refuse
               answer
               to
               such
               questions
               upon
               oath
               ,
               or
               otherwise
               ,
               which
               tended
               to
               his
               owne
               impeachment
               ;
               as
               unjustly
               ,
               and
               unwarrantably
               proposed
               :
               and
               it
               was
               but
               a
               young
               determination
               of
               *
               Aquinas
               ,
               when
               he
               was
               onely
               a
               Batchelour
               ,
               in
               the
               Generall
               Chapter
               at
               Paris
               ,
               contradicted
               by
               all
               the
               ancient
               Graduates
               there
               ,
               that
               when
               the
               crime
               is
               notorious
               ,
               and
               the
               authour
               unknowne
               ,
               the
               
               secret
               offender
               is
               bound
               upon
               his
               Ordinaries
               charge
               and
               command
               ,
               to
               reveale
               himselfe
               .
            
             
               Even
               the
               Spanish
               Casuists
               ,
               the
               great
               favourers
               and
               abettors
               of
               the
               Inquisition
               ,
               teach
               that
               the
               Judge
               may
               not
               of
               himselfe
               begin
               an
               inquiry
               ,
               but
               must
               be
               led
               by
               something
               which
               may
               open
               a
               way
               to
               his
               search
               ,
               and
               as
               it
               were
               force
               him
               to
               his
               proceeding
               ,
               
                 ex
                 officio
              
               ,
               as
               publique
               notice
               ,
               infamie
               ,
               common
               suspicion
               ,
               complaint
               ;
               otherwise
               ,
               the
               whole
               processe
               is
               void
               in
               law
               ;
               although
               herein
               some
               of
               them
               goe
               too
               far
               in
               favour
               of
               their
               great
               Diana
               ,
               that
               where
               the
               crime
               is
               known
               ,
               and
               the
               author
               unknowne
               ,
               the
               Judge
               may
               in
               a
               generality
               inquire
               of
               him
               that
               did
               it
               ,
               and
               if
               he
               have
               any
               private
               information
               (
               though
               without
               any
               publique
               fame
               foregoing
               )
               he
               may
               in
               some
               cases
               ,
               raise
               a
               particular
               inquisition
               upon
               the
               party
               ,
               and
               call
               him
               to
               defend
               himselfe
               ;
               which
               course
               cercertainly
               ,
               
               gives
               too
               much
               advantage
               to
               private
               malice
               ;
               and
               opens
               too
               much
               way
               to
               the
               wronging
               of
               Innocence
               .
               The
               faire
               way
               of
               proceedings
               in
               all
               Christian
               Judicatures
               ,
               should
               be
               ,
               by
               Accuser
               ,
               Witnesse
               ,
               and
               Judge
               ,
               in
               distinct
               persons
               openly
               knowne
               ;
               the
               Accuser
               complaines
               ,
               the
               Witnesse
               evinceth
               ,
               the
               Judge
               sentences
               :
               The
               one
               may
               not
               be
               the
               other
               ;
               much
               lesse
               all
               three
               :
               Were
               that
               to
               be
               allowed
               ,
               who
               could
               be
               innocent
               ?
            
             
               When
               a
               witnesse
               then
               is
               called
               before
               a
               competent
               Judge
               ,
               to
               give
               evidence
               upon
               oath
               concerning
               a
               third
               person
               ,
               in
               a
               matter
               cognoscible
               by
               that
               Jurisdiction
               ,
               he
               is
               bound
               to
               swear
               
                 in
                 truth
                 ,
                 in
                 judgement
                 ,
                 and
                 in
                 righteousnesse
                 ,
              
               Jer.
               4.
               2.
               as
               for
               his
               owne
               concernments
               ,
               he
               must
               referre
               himself
               to
               the
               testimonies
               and
               oathes
               of
               others
               .
            
          
           
             
             
               CASE
               VI.
               
            
             
               Whether
               a
               Judge
               may
               upon
               allegations
               ,
               proofes
               ,
               and
               evidences
               of
               others
               ,
               condemn
               a
               man
               to
               death
               ,
               whom
               he
               himself
               certainly
               knows
               to
               be
               innocent
               .
            
             
               THe
               question
               hath
               undergone
               much
               agitation
               ;
               The
               streame
               of
               all
               ancient
               Divines
               ,
               and
               Casuists
               runs
               upon
               the
               affirmative
               ;
               their
               ground
               is
               ,
               that
               the
               Judge
               ,
               as
               he
               is
               a
               publique
               person
               ,
               so
               in
               the
               seat
               of
               Judicature
               ,
               he
               must
               exercise
               a
               publique
               authority
               ;
               and
               therefore
               waving
               his
               private
               knowledge
               and
               interest
               ,
               must
               sentence
               according
               to
               the
               allegations
               and
               proofes
               brought
               before
               him
               ;
               since
               he
               is
               a
               Judge
               of
               the
               cause
               ,
               not
               of
               the
               law
               ;
               whereof
               he
               is
               to
               be
               the
               servant
               ,
               not
               the
               master
               :
               There
               he
               sits
               not
               to
               speake
               his
               owne
               judgement
               ,
               but
               to
               be
               the
               mouth
               of
               the
               law
               ,
               and
               the
               law
               commands
               him
               to
               
               judge
               according
               to
               the
               evidence
               ;
               the
               evidence
               therefore
               being
               cleare
               and
               convictive
               ,
               the
               doome
               can
               be
               no
               other
               than
               condemnatory
               .
            
             
               For
               my
               part
               ,
               I
               can
               more
               marvell
               at
               their
               judgement
               herein
               ,
               than
               approve
               it
               ;
               professing
               for
               the
               negative
               ,
               with
               some
               fewer
               and
               latter
               Authors
               ,
               upon
               these
               sure
               grounds
               .
            
             
               It
               is
               an
               evident
               and
               undeniable
               law
               of
               God
               which
               must
               be
               the
               rule
               of
               all
               Judges
               ;
               
                 The
                 innocent
                 and
                 the
                 righteous
                 slay
                 thou
                 not
                 ,
                 Exod.
                 23.
                 7.
                 
              
               This
               is
               a
               Law
               neither
               to
               be
               avoided
               ,
               nor
               dispensed
               with
               :
               Accusations
               and
               false
               witnesses
               cannot
               make
               a
               man
               other
               than
               innocent
               ;
               they
               may
               make
               him
               to
               seeme
               so
               ;
               in
               so
               much
               as
               those
               that
               know
               not
               the
               cause
               exactly
               ,
               may
               perhaps
               be
               mis-led
               to
               condemne
               him
               in
               their
               judgments
               :
               But
               to
               the
               Judge
               ,
               whose
               eyes
               were
               witnesses
               of
               the
               parties
               innocence
               ,
               all
               the
               evidence
               in
               the
               world
               cannot
               make
               him
               other
               than
               
               guiltlesse
               ;
               so
               as
               that
               Judge
               shall
               be
               guilty
               of
               blood
               ,
               in
               slaying
               the
               innocent
               ,
               and
               righteous
               .
            
             
               Secondly
               ,
               the
               law
               of
               judging
               according
               to
               allegations
               and
               proofs
               is
               a
               good
               generall
               direction
               in
               the
               common
               course
               of
               proceedings
               ;
               but
               there
               are
               cases
               wherein
               this
               law
               must
               vaile
               to
               an
               higher
               ,
               which
               is
               the
               law
               of
               Conscience
               :
               Woe
               be
               to
               that
               man
               who
               shall
               tye
               himselfe
               so
               close
               to
               the
               letter
               of
               the
               law
               ,
               as
               to
               make
               shipwrack
               of
               conscience
               ;
               And
               that
               bird
               in
               his
               bosome
               will
               tell
               him
               ,
               that
               if
               upon
               what
               ever
               pretences
               ,
               he
               shall
               willingly
               condemne
               an
               innocent
               ,
               he
               is
               no
               better
               than
               a
               murtherer
               .
            
             
               Thirdly
               ,
               it
               is
               not
               the
               bare
               letter
               of
               the
               law
               that
               wise
               men
               should
               stand
               upon
               ,
               but
               the
               drift
               and
               intention
               of
               the
               law
               ;
               of
               that
               ,
               we
               may
               in
               some
               sense
               say
               as
               the
               Apostle
               did
               of
               an
               higher
               law
               ,
               
                 The
                 letter
                 killeth
              
               .
               Now
               every
               reasonable
               man
               knowes
               that
               the
               
               intention
               of
               the
               law
               ,
               is
               to
               save
               and
               protect
               the
               innocent
               ;
               to
               punish
               onely
               the
               guilty
               :
               The
               Judge
               therefore
               shall
               be
               a
               perverter
               of
               law
               ,
               if
               ,
               contrary
               to
               his
               knowledge
               ,
               he
               shall
               follow
               the
               letter
               against
               the
               intention
               ,
               in
               condemning
               an
               Innocent
               .
            
             
               Let
               no
               man
               now
               tell
               me
               ,
               that
               it
               is
               the
               law
               that
               condemnes
               the
               man
               ,
               and
               not
               the
               Judge
               ;
               This
               excuse
               will
               not
               serve
               before
               the
               Tribunall
               of
               heaven
               ;
               The
               law
               hath
               no
               tongue
               ;
               It
               is
               the
               Judge
               that
               is
               
                 lex
                 loquens
              
               ;
               If
               he
               then
               shall
               pronounce
               that
               sentence
               which
               his
               owne
               heart
               tells
               him
               is
               unjust
               and
               cruell
               ,
               what
               is
               he
               but
               an
               officious
               minister
               of
               injustice
               ?
               But
               ,
               indeed
               ,
               what
               law
               ever
               said
               ,
               Thou
               shalt
               kill
               that
               man
               whom
               thou
               knowest
               innocent
               ,
               if
               false
               witnesse
               will
               sweare
               him
               guilty
               ?
               This
               is
               but
               a
               false
               glosse
               set
               upon
               a
               true
               text
               ,
               to
               countenance
               a
               man
               in
               being
               an
               instrument
               of
               evill
               .
            
             
               What
               then
               is
               in
               this
               case
               to
               be
               
               done
               ?
               Surely
               ,
               as
               I
               durst
               not
               acquit
               that
               Judge
               ,
               who
               under
               what
               ever
               colour
               of
               law
               should
               cast
               away
               a
               known
               Innocent
               ,
               so
               I
               durst
               not
               advise
               against
               plaine
               evidences
               and
               flat
               dispositions
               ,
               upon
               private
               knowledge
               ,
               that
               man
               to
               be
               openly
               pronounced
               guiltlesse
               ;
               and
               thereby
               discharged
               ;
               for
               as
               the
               one
               is
               a
               grosse
               violation
               of
               justice
               ;
               so
               were
               the
               other
               a
               publique
               affront
               to
               the
               law
               ;
               and
               of
               dangerous
               consequence
               to
               the
               weale-publique
               :
               Certainly
               ,
               it
               could
               not
               but
               be
               extreamely
               unsafe
               ,
               that
               such
               a
               gappe
               should
               bee
               opened
               to
               the
               liberty
               of
               judgement
               ,
               that
               a
               private
               brest
               should
               be
               opposed
               (
               with
               an
               apparent
               prevalence
               )
               against
               publique
               convictions
               :
               our
               Casuists
               have
               beaten
               their
               braines
               to
               finde
               out
               some
               such
               evasions
               as
               might
               save
               the
               innocent
               from
               death
               ,
               and
               the
               Judge
               from
               blood-guiltinesse
               :
               Herein
               therefore
               they
               advise
               the
               Judge
               to
               use
               some
               secret
               meanes
               to
               stop
               the
               accusation
               ,
               
               or
               indictmenr
               ;
               (
               a
               course
               that
               might
               be
               as
               prejudiciall
               to
               justice
               ,
               as
               a
               false
               sentence
               )
               to
               sift
               the
               witnesses
               apart
               ,
               as
               in
               Susanna's
               case
               ,
               and
               by
               many
               subtile
               interrogations
               of
               the
               circumstances
               to
               finde
               their
               variance
               or
               contradiction
               .
               If
               that
               prevaile
               not
               ,
               Cajetan
               goes
               so
               farre
               ,
               as
               to
               determine
               it
               meet
               (
               which
               how
               it
               might
               stand
               with
               their
               law
               ,
               he
               knowes
               ,
               with
               ours
               it
               would
               not
               )
               that
               the
               Judge
               should
               be
               fore
               all
               the
               people
               give
               his
               oath
               ,
               that
               hee
               knowes
               the
               party
               guiltlesse
               ;
               as
               whom
               he
               himselfe
               saw
               at
               that
               very
               houre
               in
               a
               place
               far
               distant
               from
               that
               ,
               wherein
               the
               fact
               is
               pretended
               to
               bee
               done
               :
               Yea
               *
               
                 Dominicus
                 à
                 Soto
              
               could
               be
               content
               (
               if
               it
               might
               be
               done
               without
               scandall
               )
               that
               the
               prisoner
               might
               secretly
               be
               suffered
               to
               slip
               out
               of
               the
               gaole
               ,
               and
               save
               himselfe
               by
               flight
               .
               Others
               think
               it
               the
               best
               way
               ,
               that
               the
               Judge
               should
               put
               off
               the
               cause
               to
               a
               superiour
               
               Bench
               ;
               and
               that
               himselfe
               should
               (
               laying
               aside
               his
               scarlet
               )
               come
               to
               the
               Bar
               ,
               and
               as
               a
               witnesse
               avow
               upon
               oath
               the
               innocence
               of
               the
               party
               ,
               and
               the
               falsity
               of
               the
               accusation
               :
               Or
               lastly
               ,
               if
               he
               should
               out
               of
               malice
               ,
               or
               some
               other
               sinister
               ends
               (
               as
               of
               the
               forfeiture
               of
               some
               rich
               estate
               )
               be
               pressed
               by
               higher
               powers
               to
               passe
               the
               sentence
               on
               his
               own
               Bench
               ,
               that
               he
               ought
               to
               lay
               downe
               his
               Commission
               ,
               and
               to
               abdicate
               that
               power
               he
               hath
               ,
               rather
               than
               to
               suffer
               it
               forced
               to
               a
               willing
               injustice
               .
            
             
               And
               truly
               were
               the
               case
               mine
               ,
               after
               all
               faire
               and
               lawfull
               indeavours
               to
               justifie
               the
               innoncent
               ,
               and
               to
               avoid
               the
               sentence
               ,
               I
               should
               most
               willingly
               yeild
               to
               this
               last
               resolution
               :
               Yea
               ,
               rather
               my selfe
               to
               undergoe
               the
               sentence
               of
               death
               ,
               than
               to
               pronounce
               it
               on
               the
               knowne-guiltlesse
               ;
               hating
               the
               poore
               pusillanimity
               of
               
                 Dominicus
                 à
                 
                 Soto
              
               *
               ,
               that
               passes
               a
               
                 nimis
                 creditu
                 rigidum
              
               ,
               upon
               so
               just
               a
               determination
               ;
               and
               is
               so
               weakly
               tender
               of
               the
               Judges
               indempnity
               ,
               that
               he
               will
               by
               no
               means
               heare
               of
               his
               wilfull
               deserting
               of
               his
               office
               on
               so
               capitall
               an
               occasion
               .
            
             
               In
               the
               main
               cause
               of
               life
               and
               death
               ,
               I
               cannot
               but
               allow
               and
               commend
               the
               judgement
               of
               
                 Leonardus
                 Lessius
              
               ;
               but
               when
               the
               question
               is
               of
               matters
               civill
               ,
               or
               lesse
               criminall
               ,
               †
               I
               cannot
               but
               wonder
               at
               his
               flying
               off
               ;
               in
               these
               where
               in
               the
               businesse
               is
               but
               pecuniary
               ,
               or
               banishment
               ,
               or
               losse
               of
               an
               office
               ,
               he
               holds
               it
               lawfull
               for
               the
               Judge
               ,
               (
               after
               he
               hath
               used
               all
               meanes
               to
               discover
               the
               falsenesse
               of
               the
               proofes
               ,
               and
               to
               hinder
               the
               proceedings
               ,
               if
               thus
               hee
               prevailes
               not
               )
               to
               passe
               sentence
               upon
               those
               allegations
               and
               probations
               ,
               which
               himselfe
               knowes
               to
               be
               unjust
               .
            
             
             
               The
               reasons
               pretended
               are
               as
               poor
               as
               the
               opinion
               ;
               *
               For
               ,
               saith
               hee
               ,
               the
               Common-wealth
               hath
               authority
               to
               dispose
               of
               the
               estates
               of
               the
               Subjects
               ,
               and
               to
               translate
               them
               from
               one
               man
               to
               another
               ,
               as
               may
               be
               found
               most
               availing
               to
               the
               publique
               good
               ;
               and
               here
               there
               appeares
               just
               cause
               so
               to
               doe
               ,
               lest
               the
               forme
               of
               publique
               judgements
               should
               be
               perverted
               ,
               not
               without
               great
               scandall
               to
               the
               people
               ;
               neither
               is
               there
               any
               way
               possible
               to
               help
               this
               particular
               mans
               inconvenience
               and
               losse
               ;
               therefore
               the
               Common-wealth
               may
               ordaine
               that
               in
               such
               a
               case
               the
               Judge
               should
               follow
               the
               publique
               forme
               of
               Judicature
               ,
               though
               hereby
               it
               falleth
               out
               that
               a
               guiltlesse
               man
               is
               undone
               in
               his
               fortunes
               ;
               and
               yet
               his
               cause
               knowne
               to
               be
               good
               by
               him
               that
               condemnes
               it
               .
               Thus
               he
               .
            
             
               But
               what
               a
               loose
               point
               is
               this
               ?
               
               why
               hath
               not
               a
               man
               as
               true
               propriety
               in
               his
               estate
               as
               his
               life
               ?
               or
               what
               authority
               hath
               the
               Common-wealth
               ,
               causelesly
               to
               take
               away
               a
               mans
               substance
               or
               inheritance
               (
               being
               that
               he
               is
               the
               rightfull
               owner
               )
               more
               than
               a
               piece
               of
               himselfe
               ?
               When
               his
               patrimony
               is
               setled
               upon
               him
               ,
               and
               his
               in
               a
               due
               course
               of
               law
               and
               undoubted
               right
               of
               possession
               ,
               what
               just
               power
               can
               claime
               any
               such
               interest
               in
               it
               ,
               as
               without
               any
               ground
               of
               offence
               to
               dispossess
               him
               ?
               Or
               what
               necessity
               is
               there
               that
               the
               forme
               of
               publique
               judgements
               should
               be
               perverted
               ,
               unlesse
               an
               honest
               defendant
               must
               be
               undone
               by
               false
               sentence
               ?
               Or
               rather
               is
               not
               the
               forme
               of
               publique
               judgement
               perverted
               ,
               when
               innocence
               suffers
               for
               the
               maintenance
               of
               a
               formality
               ?
               Or
               how
               is
               the
               Judge
               other
               than
               a
               partner
               in
               the
               injury
               ,
               if
               for
               want
               of
               his
               seasonable
               interposition
               a
               good
               cause
               is
               lost
               ,
               and
               a
               false
               plea
               prevailes
               ?
            
             
             
               That
               therefore
               ,
               which
               in
               the
               second
               place
               he
               alledgeth
               ,
               that
               the
               Subject
               can
               have
               no
               reason
               to
               complaine
               of
               the
               Judge
               ,
               for
               as
               much
               as
               it
               is
               out
               of
               his
               power
               to
               remedy
               the
               case
               ,
               and
               to
               passe
               other
               sentence
               than
               is
               chalked
               forth
               by
               the
               rule
               of
               Law
               ;
               might
               as
               well
               be
               alledged
               against
               him
               in
               the
               plea
               of
               life
               and
               death
               ,
               wherein
               he
               will
               by
               no
               meanes
               allow
               the
               Judge
               this
               liberty
               of
               an
               undue
               commendation
               ;
               neither
               is
               there
               any
               just
               pretence
               ,
               why
               an
               honest
               and
               well-minded
               ▪
               Judge
               should
               be
               so
               sparing
               in
               a
               case
               of
               life
               ,
               and
               so
               too
               prodigall
               in
               matter
               of
               livelyhood
               .
            
             
               As
               for
               this
               third
               reason
               ,
               that
               the
               mis-judgement
               in
               case
               of
               a
               pecuniary
               damage
               or
               banishment
               ,
               may
               be
               afterwards
               capable
               of
               being
               reversed
               ,
               and
               upon
               a
               new
               Traverse
               the
               cause
               may
               be
               fercht
               about
               at
               further
               leisure
               ;
               whereas
               death
               once
               inflicted
               is
               past
               all
               power
               of
               revocation
               ;
               It
               may
               well
               
               inferre
               that
               therefore
               there
               should
               bee
               so
               much
               more
               deliberation
               ,
               and
               care
               had
               in
               passing
               sentence
               upon
               capitall
               matters
               ,
               than
               civill
               ,
               by
               how
               much
               life
               is
               more
               prcious
               ,
               and
               irrevocable
               ,
               than
               our
               worldly
               substance
               ;
               but
               it
               can
               never
               inferre
               that
               injustice
               should
               bee
               tolerable
               in
               the
               one
               ,
               not
               in
               the
               other
               .
               Justice
               had
               wont
               to
               be
               painted
               blind-fold
               ,
               with
               a
               paire
               of
               scales
               in
               her
               hand
               ;
               wherefore
               else
               ,
               but
               to
               imply
               that
               he
               ,
               who
               would
               judge
               aright
               ,
               must
               not
               look
               upon
               the
               issue
               or
               event
               ,
               but
               must
               weigh
               impartially
               the
               true
               state
               of
               the
               cause
               in
               all
               the
               grounds
               ,
               and
               circumstances
               thereof
               ,
               and
               sentence
               accordingly
               ?
               To
               say
               then
               that
               a
               Judge
               may
               passe
               a
               doome
               formally
               legall
               ,
               but
               materially
               unjust
               ,
               because
               the
               case
               upon
               a
               new
               suit
               may
               be
               righted
               ,
               were
               no
               other
               than
               to
               say
               ,
               I
               may
               lawfully
               wound
               a
               man
               ,
               because
               I
               know
               how
               to
               heale
               him
               againe
               .
            
             
               Shortly
               therefore
               ,
               whether
               it
               be
               in
               
               causes
               criminall
               ,
               or
               civill
               ,
               whether
               concerning
               life
               or
               estate
               ,
               let
               those
               who
               sit
               in
               the
               seat
               of
               Judicature
               ,
               as
               they
               will
               answer
               it
               before
               the
               great
               Judge
               of
               the
               World
               ,
               resolve
               (
               what
               event
               soever
               follow
               )
               to
               judge
               righteous
               judgement
               ,
               not
               justifying
               the
               wicked
               ,
               not
               condemning
               the
               innocent
               ;
               both
               which
               are
               equally
               abominable
               in
               the
               sight
               of
               the
               Almighty
               .
            
          
           
             
               CASE
               VII
               .
            
             
               Whether
               ,
               and
               in
               what
               cases
               am
               I
               bound
               to
               be
               an
               accuser
               of
               another
               .
            
             
               TO
               be
               an
               accuser
               of
               others
               ,
               is
               a
               matter
               of
               much
               envy
               ,
               and
               detestation
               ,
               insomuch
               as
               it
               is
               the
               style
               of
               the
               Devill
               himselfe
               to
               be
               
                 accusator
                 fratrum
              
               ,
               an
               accuser
               of
               the
               brethren
               :
               Yet
               not
               of
               his
               owne
               brethren
               in
               evill
               ;
               It
               was
               never
               heard
               that
               one
               evill
               spirit
               accused
               another
               ;
               but
               of
               
                 our
                 brethren
                 ,
                 
                 Revelat.
                 12.
                 10.
              
               it
               was
               a
               voice
               from
               heaven
               which
               called
               him
               so
               :
               Saints
               on
               earth
               are
               the
               brethren
               of
               the
               glorious
               spirits
               in
               heaven
               ;
               It
               is
               the
               wickednes
               of
               that
               malicious
               spirit
               to
               accuse
               Saints
               :
               But
               though
               the
               act
               be
               grown
               into
               hatred
               ,
               in
               respect
               both
               of
               the
               Agent
               and
               of
               the
               Object
               ;
               yet
               certainly
               there
               are
               cases
               wherein
               it
               will
               become
               the
               Saints
               to
               take
               upon
               them
               the
               person
               ,
               and
               office
               of
               accusers
               .
            
             
               Accusation
               therefore
               is
               either
               voluntary
               ,
               or
               urged
               upon
               you
               by
               the
               charge
               of
               a
               superiour
               .
               Voluntary
               is
               either
               such
               as
               you
               are
               moved
               unto
               by
               the
               Conscience
               of
               some
               hainous
               and
               notorious
               crime
               committed
               ,
               or
               to
               be
               committed
               by
               another
               ,
               to
               the
               great
               dishonour
               of
               God
               ,
               or
               danger
               of
               the
               common
               peace
               ,
               whereto
               you
               are
               privy
               :
               or
               such
               as
               whereunto
               you
               are
               tyed
               by
               some
               former
               engagemeut
               of
               vow
               ,
               or
               oath
               :
               In
               the
               former
               kinde
               ;
               
               a
               worthy
               Divine
               in
               our
               time
               travailing
               on
               the
               way
               ,
               sees
               a
               leud
               man
               committing
               abominable
               filthinesse
               with
               a
               beast
               ;
               the
               sinne
               was
               so
               foule
               and
               hatefull
               ,
               that
               his
               heart
               would
               not
               suffer
               him
               to
               conceale
               it
               ;
               hee
               therefore
               hastens
               to
               the
               next
               Justice
               ,
               accuses
               the
               offender
               of
               that
               so
               unnaturall
               villany
               ;
               the
               party
               is
               committed
               ,
               endicted
               ,
               and
               upon
               so
               reverend
               (
               though
               single
               )
               testimony
               found
               guilty
               .
            
             
               Or
               ,
               if
               in
               the
               case
               of
               a
               crime
               intended
               ,
               you
               have
               secret
               ,
               but
               sure
               intelligence
               ,
               that
               a
               bloudy
               villaine
               hath
               plotted
               a
               treason
               against
               the
               sacred
               person
               of
               your
               Soveraigne
               ,
               or
               a
               murther
               of
               your
               honest
               neighbour
               ;
               which
               hee
               resolves
               to
               execute
               ;
               should
               you
               keep
               this
               fire
               in
               your
               bosome
               ,
               it
               might
               justly
               burn
               you
               .
               Whether
               it
               be
               therefore
               for
               the
               discovery
               of
               some
               horrible
               crime
               done
               ,
               or
               for
               the
               prevention
               of
               some
               great
               mischief
               to
               be
               done
               ,
               you
               must
               either
               be
               an
               accuser
               ,
               or
               an
               accessary
               .
            
             
             
               The
               obligation
               to
               accuse
               is
               yet
               stronger
               ,
               where
               your
               former
               vow
               or
               oath
               hath
               fore-ingaged
               you
               to
               a
               just
               discovery
               ;
               you
               have
               sworn
               to
               maintaine
               and
               defend
               his
               Majesty's
               royall
               Person
               ,
               State
               ,
               Dignity
               ;
               and
               to
               make
               knowne
               those
               that
               wilfully
               impugne
               it
               ;
               if
               now
               ,
               you
               shall
               keep
               the
               secret
               counsels
               of
               such
               wicked
               designments
               ,
               as
               you
               shall
               know
               to
               be
               against
               any
               of
               these
               ,
               how
               can
               you
               escape
               to
               bee
               involved
               in
               a
               treason
               ,
               lined
               with
               perjury
               ?
            
             
               These
               are
               accusations
               which
               your
               conscience
               will
               fetch
               from
               you
               ,
               unasked
               ?
               But
               if
               being
               called
               before
               lawfull
               authority
               ,
               you
               shall
               be
               required
               upon
               oath
               ,
               to
               testifie
               your
               knowledge
               even
               concerning
               offenders
               ,
               of
               an
               inferiour
               nature
               ;
               you
               may
               not
               detract
               your
               witnesse
               ,
               though
               it
               amount
               to
               no
               lesse
               than
               an
               Accusation
               .
               Yet
               there
               are
               cases
               ,
               wherein
               a
               Testimony
               thus
               required
               ,
               tending
               to
               an
               accusation
               ,
               
               may
               be
               refused
               ;
               As
               in
               case
               of
               duty
               ,
               and
               nearenesse
               of
               naturall
               ,
               or
               civill
               relation
               ;
               It
               were
               unreasonably
               unjust
               for
               a
               man
               to
               be
               pressed
               with
               interrogations
               ,
               or
               required
               to
               give
               accusatory
               testimonies
               in
               the
               case
               of
               parents
               ,
               or
               children
               ,
               or
               the
               partner
               of
               his
               bed
               :
               Or
               if
               a
               man
               out
               of
               remorse
               of
               conscience
               shall
               disclose
               a
               secret
               sin
               to
               you
               formerly
               done
               ,
               in
               a
               desire
               to
               receive
               counsaile
               ,
               and
               comfort
               from
               you
               ;
               you
               ought
               rather
               to
               endure
               your
               soule
               to
               be
               fetcht
               out
               of
               your
               body
               ,
               than
               that
               seeret
               to
               bee
               drawn
               out
               of
               your
               lips
               :
               Or
               if
               the
               question
               be
               illegal
               ,
               as
               those
               that
               tend
               directly
               to
               your
               own
               prejudice
               ;
               or
               those
               which
               are
               moved
               concerning
               hidden
               offences
               ,
               not
               before
               notified
               by
               publique
               fame
               ,
               or
               any
               lawfull
               ground
               of
               injury
               ,
               which
               therefore
               the
               Judge
               hath
               no
               power
               to
               ask
               ;
               In
               these
               cases
               ,
               if
               no
               more
               ,
               the
               refusall
               of
               an
               accusation
               ,
               though
               required
               ,
               is
               no
               other
               than
               justifiable
               .
            
             
             
               But
               where
               neither
               the
               conscience
               of
               the
               horridnesse
               of
               a
               crime
               done
               ;
               nor
               prevention
               of
               a
               crime
               intended
               ,
               nor
               duty
               of
               obedience
               to
               a
               lawfull
               authority
               ,
               nor
               the
               bond
               of
               an
               inviolable
               pre-ingagement
               ,
               call
               you
               to
               the
               Bar
               ;
               It
               is
               not
               a
               more
               uncharitable
               ,
               than
               thanklesse
               office
               to
               bee
               an
               accuser
               :
               Hence
               it
               is
               that
               Delators
               ,
               and
               Informers
               ,
               have
               in
               all
               happy
               and
               well-governed
               States
               ,
               been
               ever
               held
               an
               infamous
               and
               odious
               kinde
               of
               Cattell
               .
               A
               Tiberius
               ,
               and
               a
               Domitian
               ,
               might
               give
               both
               countenance
               and
               reward
               to
               them
               ,
               as
               being
               meet
               factors
               for
               their
               tyranny
               ,
               but
               a
               Vespasian
               ,
               and
               Titus
               ,
               and
               
                 Antonius
                 Pius
              
               ,
               and
               Macrinus
               ,
               or
               what
               ever
               other
               Princes
               carryed
               a
               tender
               care
               to
               the
               peace
               and
               welfare
               of
               their
               Subjects
               ,
               whipt
               them
               in
               the
               publique
               Amphitheater
               ,
               and
               abandoned
               them
               out
               of
               their
               dominions
               ,
               as
               pernicious
               ,
               and
               intolerable
               .
               And
               as
               these
               mercenary
               Flies
               ,
               whether
               of
               
               State
               ,
               or
               of
               Religion
               ,
               are
               justly
               hatefull
               ,
               next
               to
               the
               publique
               executioners
               ;
               so
               certainly
               ,
               those
               busie
               spirited-men
               ,
               which
               out
               of
               the
               itching
               humour
               of
               medling
               ,
               run
               from
               house
               to
               house
               ,
               with
               tales
               of
               private
               detraction
               ,
               may
               well
               challenge
               the
               next
               roome
               in
               our
               detestation
               .
               This
               together
               with
               the
               other
               ,
               is
               that
               which
               God
               so
               strictly
               forbids
               in
               his
               Law
               ,
               
                 Levit.
                 19.
                 16.
                 
                 Thou
                 shalt
                 not
                 goe
                 up
                 and
                 downe
                 as
                 a
                 Tale-bearer
                 amongst
                 thy
                 people
                 ,
                 neither
                 shalt
                 thou
                 stand
                 against
                 the
                 bloud
                 of
                 thy
                 neighbour
                 :
                 I
                 am
                 the
                 Lord.
              
               A
               practice
               which
               wise
               Solomon
               ,
               though
               a
               great
               King
               ;
               and
               (
               as
               one
               would
               think
               )
               out
               of
               the
               reach
               of
               tongues
               ,
               cryes
               downe
               with
               much
               feeling
               bitternesse
               ;
               Prov.
               18.
               8.
               
               
                 The
                 words
                 of
                 the
                 Tale
                 bearer
                 are
                 as
                 wounds
                 ,
                 and
                 they
                 goe
                 downe
                 into
                 the
                 innermost
                 parts
                 of
                 the
                 belly
                 :
              
               No
               lesse
               than
               five
               severall
               times
               in
               his
               divine
               *
               Proverbs
               ,
               inveighing
               sharply
               (
               as
               if
               
               himselfe
               had
               been
               stung
               in
               this
               kinde
               )
               against
               these
               close
               back-biting
               calumniations
               .
            
             
               Shorlty
               then
               ,
               accuse
               when
               you
               are
               forced
               ,
               either
               by
               the
               foulenesse
               of
               the
               fact
               ,
               or
               the
               necessity
               of
               your
               duty
               :
               otherwise
               reserve
               your
               tongue
               for
               better
               offices
               .
            
          
           
             
               CASE
               VIII
               .
            
             
               Whether
               a
               prisoner
               indicted
               of
               a
               felonious
               act
               which
               he
               hath
               committed
               ,
               and
               interrogated
               by
               the
               Judge
               concerning
               the
               same
               ,
               may
               stand
               upon
               the
               deniall
               ,
               and
               plead
               Not
               guilty
               .
            
             
               THe
               Casuists
               vary
               ;
               and
               out
               of
               respect
               to
               their
               owne
               Lawes
               ,
               are
               much
               perplexed
               in
               their
               resolutions
               :
               making
               the
               great
               scruple
               to
               be
               in
               the
               Juridicall
               interrogations
               ,
               (
               which
               if
               the
               Judge
               have
               not
               proceeded
               in
               the
               due
               forme
               of
               Law
               required
               in
               such
               
               cases
               )
               may
               warrant
               the
               offenders
               deniall
               ;
               and
               secondly
               ,
               making
               difference
               of
               the
               quality
               of
               the
               offence
               ,
               and
               danger
               of
               the
               punishment
               ;
               which
               if
               no
               lesse
               than
               capitall
               ,
               may
               (
               say
               they
               *
               )
               give
               just
               ground
               to
               the
               accused
               party
               ,
               either
               to
               conceale
               the
               truth
               ,
               or
               to
               answer
               with
               such
               amphibolies
               ,
               and
               equivocations
               ,
               as
               may
               serve
               to
               his
               owne
               preservation
               ;
               in
               which
               course
               ,
               naturall
               equity
               will
               beare
               him
               out
               ,
               which
               allowes
               every
               man
               to
               stand
               upon
               his
               owne
               defence
               :
               And
               the
               case
               I
               perceive
               is
               aggravated
               in
               forraigne
               parts
               ,
               as
               by
               the
               Rack
               ,
               so
               by
               an
               Oath
               administred
               to
               the
               person
               accused
               (
               which
               they
               call
               †
               
                 Juramentum
                 calumniae
              
               )
               which
               Lessius
               justly
               calls
               a
               spirituall
               torture
               ,
               by
               the
               vertue
               whereof
               ,
               hee
               solemnely
               urged
               ,
               not
               to
               deny
               what
               hee
               knowes
               ,
               or
               believes
               to
               be
               true
               ,
               concerning
               the
               businesse
               
               questioned
               ;
               A
               practise
               ,
               which
               I
               cannot
               blame
               *
               Lessius
               ,
               if
               he
               professe
               to
               wish
               that
               the
               Pope
               ,
               and
               all
               secular
               Princes
               ,
               would
               joyne
               together
               to
               abrogate
               ;
               as
               being
               an
               evident
               occasion
               of
               much
               perjury
               .
               To
               lay
               down
               and
               determine
               the
               case
               as
               it
               stands
               with
               us
               in
               our
               ordinary
               proceedings
               of
               justice
               ;
               it
               must
               be
               premised
               :
               
                 
                   1.
                   
                   To
                   deny
                   a
                   knowne
                   truth
                   ,
                   and
                   to
                   averre
                   a
                   willfull
                   lye
                   ,
                   cannot
                   be
                   other
                   than
                   a
                   sin
                   .
                
                 
                   2.
                   
                   There
                   is
                   a
                   vast
                   difference
                   betwixt
                   concealing
                   a
                   truth
                   and
                   denying
                   it
                   .
                
                 
                   3.
                   
                   It
                   may
                   be
                   sometimes
                   lawfull
                   to
                   conceale
                   some
                   Truths
                   ,
                   though
                   never
                   lawfull
                   to
                   deny
                   or
                   contradict
                   them
                   .
                
                 
                   4.
                   
                   No
                   man
                   can
                   be
                   bound
                   directly
                   to
                   accuse
                   himselfe
                   ,
                
                 
                   5.
                   
                   It
                   is
                   consonant
                   to
                   naturall
                   equity
                   ,
                   
                   that
                   a
                   man
                   for
                   the
                   saving
                   of
                   his
                   life
                   should
                   use
                   the
                   helpe
                   of
                   all
                   evasions
                   that
                   are
                   not
                   sinfull
                   .
                
                 
                   6.
                   
                   It
                   cannot
                   be
                   sinfull
                   to
                   put
                   himselfe
                   upon
                   a
                   legall
                   triall
                   in
                   a
                   case
                   importing
                   his
                   life
                   .
                
                 
                   7.
                   
                   There
                   is
                   no
                   place
                   for
                   a
                   legall
                   triall
                   ,
                   where
                   there
                   is
                   an
                   absolute
                   confession
                   of
                   guiltinesse
                   .
                
              
            
             
               These
               positions
               being
               pre-required
               ;
               I
               say
               ,
               that
               it
               is
               lawfull
               for
               the
               prisoner
               ,
               though
               convinced
               in
               his
               conscience
               of
               the
               fact
               ,
               yet
               to
               plead
               Not
               guilty
               to
               the
               Indictment
               at
               the
               Barre
               :
               for
               as
               much
               as
               he
               doth
               therein
               ,
               according
               to
               the
               sense
               both
               of
               the
               Judge
               ,
               and
               Jury
               ,
               onely
               hide
               and
               keepe
               back
               that
               Truth
               ;
               the
               finding
               out
               ,
               and
               eviction
               whereof
               ,
               lyes
               upon
               their
               further
               search
               and
               proofe
               ,
               so
               as
               he
               doth
               ,
               in
               pleading
               
                 Not
                 guilty
              
               ,
               in
               effect
               as
               good
               as
               say
               ,
               What
               ever
               I
               finde
               in
               my selfe
               ,
               I
               have
               no
               reason
               to
               confesse
               my
               guiltinesse
               ;
               I
               stand
               upon
               my
               lawfull
               defence
               ,
               
               and
               cast
               my selfe
               upon
               my
               just
               tryall
               ;
               Yielding
               my selfe
               onely
               so
               far
               guilty
               ,
               as
               your
               evidence
               and
               proofes
               can
               make
               me
               :
               let
               Justice
               passe
               upon
               me
               ,
               I
               have
               no
               reason
               to
               draw
               on
               my
               owne
               condemnation
               :
               The
               plea
               thus
               construed
               is
               lawfull
               ,
               and
               just
               ;
               wherein
               not
               the
               shuffling
               equivocations
               of
               the
               offendor
               ,
               but
               the
               upright
               verdict
               of
               a
               legall
               Jury
               must
               carry
               the
               cause
               :
               to
               which
               purpose
               ,
               that
               which
               sounds
               as
               a
               deniall
               in
               the
               accused
               ,
               is
               nothing
               else
               but
               a
               professed
               referring
               himselfe
               to
               a
               juridicall
               triall
               of
               that
               fact
               ,
               which
               he
               is
               not
               bound
               to
               confesse
               .
            
             
               But
               when
               the
               hand
               of
               God
               hath
               once
               found
               out
               the
               man
               in
               his
               sin
               ;
               and
               he
               finds
               himselfe
               legally
               convinced
               of
               his
               crime
               ;
               it
               greatly
               behoves
               him
               (
               as
               Joshuah
               charged
               Achan
               after
               the
               lot
               had
               discovered
               his
               sin
               )
               to
               give
               glory
               to
               God
               ,
               in
               a
               free
               and
               full
               confession
               of
               his
               wickednesse
               ,
               and
               to
               be
               more
               open
               and
               ingenuous
               in
               his
               acknowledgement
               ,
               
               than
               he
               was
               close
               ,
               and
               reserved
               in
               his
               plea
               :
               wherein
               as
               he
               shall
               discharge
               his
               conscience
               to
               that
               great
               and
               holy
               God
               ,
               whom
               he
               hath
               offended
               ,
               so
               he
               shall
               thus
               tender
               some
               kind
               of
               poore
               satisfaction
               to
               that
               Society
               of
               men
               ,
               whom
               hee
               hath
               scandalized
               by
               his
               crime
               .
               In
               which
               regard
               I
               cannot
               but
               marvell
               at
               the
               strange
               determination
               of
               learned
               *
               Azpilcueta
               ,
               the
               Oracle
               of
               Confessaries
               ,
               who
               teaches
               ,
               that
               the
               prisoner
               ,
               who
               being
               rightly
               interrogated
               by
               the
               Judge
               ,
               stood
               stiffly
               in
               deniall
               of
               the
               fact
               ,
               and
               is
               upon
               his
               Condemnation
               (
               carried
               to
               his
               execution
               ,
               is
               not
               bound
               at
               his
               death
               to
               confesse
               the
               crime
               to
               the
               world
               ,
               if
               he
               have
               before
               secretly
               whispered
               it
               in
               the
               ear
               of
               his
               ghostly
               father
               ,
               and
               by
               him
               received
               absolution
               .
            
             
               A
               sentence
               that
               allowes
               the
               smothering
               of
               truthes
               ,
               and
               the
               strangling
               of
               just
               satisfaction
               to
               those
               who
               are
               
               concerned
               ,
               as
               patience
               ,
               in
               the
               offence
               ;
               and
               lastly
               ,
               highly
               injurious
               to
               publique
               Justice
               ;
               whose
               righteous
               sentence
               is
               by
               this
               meanes
               left
               questionable
               ,
               and
               obnoxious
               to
               unjust
               censure
               .
            
             
               How
               much
               more
               requisite
               were
               it
               that
               a
               publique
               confession
               should
               ,
               in
               this
               case
               ,
               save
               the
               labour
               of
               a
               private
               ,
               whereby
               certainly
               ,
               the
               soule
               of
               the
               offender
               would
               be
               more
               sensibly
               unloaded
               ,
               justice
               better
               vindicated
               ,
               more
               glory
               would
               accrew
               to
               God
               ;
               and
               to
               men
               more
               satisfaction
               .
            
             
               But
               however
               it
               be
               lawfull
               for
               the
               accused
               to
               stand
               upon
               these
               points
               of
               legality
               in
               the
               proceedings
               against
               him
               :
               yet
               for
               my
               owne
               part
               ;
               should
               I
               be
               so
               farre
               given
               over
               ,
               as
               to
               have
               my
               hand
               in
               bloud
               ;
               and
               thereupon
               be
               arraigned
               at
               the
               barre
               of
               publique
               Justice
               ;
               I
               should
               out
               of
               just
               remorse
               be
               the
               first
               man
               that
               should
               rise
               up
               against
               my selfe
               and
               (
               which
               in
               other
               
               mens
               cases
               were
               utterly
               unlawfull
               )
               be
               my
               owne
               Accuser
               ,
               Witnesse
               ,
               and
               Judge
               :
               and
               this
               disposition
               I
               should
               rather
               commend
               in
               those
               ,
               whose
               conscience
               hath
               inwardly
               convicted
               them
               for
               haynously
               criminous
               :
               that
               since
               they
               had
               not
               the
               grace
               to
               resist
               so
               flagitious
               a
               wickednesse
               ;
               they
               may
               yet
               endeavour
               to
               expiate
               it
               ,
               before
               men
               ,
               with
               an
               ingenuous
               confession
               :
               as
               before
               God
               ,
               with
               a
               deepe
               and
               serious
               repentance
               .
            
          
           
             
               CASE
               IX
               .
            
             
               Whether
               ,
               and
               how
               farre
               a
               man
               may
               take
               up
               armes
               in
               the
               publique
               quarrell
               of
               a
               war.
               
            
             
               WArre
               is
               no
               other
               than
               a
               necessary
               evill
               ,
               necessary
               in
               relation
               to
               peace
               :
               onely
               ,
               as
               that
               without
               which
               so
               great
               a
               blessing
               cannot
               bee
               had
               :
               As
               the
               wise
               Woman
               said
               to
               
               
                 Joab
                 ,
                 2
                 Sam.
                 20.
                 18.
              
               they
               should
               first
               treat
               with
               the
               men
               of
               Abel
               ,
               ere
               they
               smite
               :
               &
               upon
               the
               charge
               of
               the
               Lord
               of
               hosts
               ,
               
                 Deut.
                 20.
                 10.
              
               conditions
               must
               first
               be
               tendered
               even
               to
               heathen
               enemies
               ,
               before
               any
               acts
               of
               hostility
               shall
               be
               exercised
               ;
               where
               this
               which
               is
               the
               worst
               of
               all
               remedies
               ,
               proves
               needfull
               ,
               if
               you
               ask
               how
               farre
               it
               is
               lawfull
               to
               ingage
               ;
               I
               must
               aske
               you
               ,
               (
               ere
               I
               can
               returne
               answer
               )
               first
               of
               the
               justice
               of
               the
               quarrell
               :
               for
               surely
               where
               the
               warre
               is
               knowne
               to
               be
               unjust
               ,
               the
               willing
               abettors
               of
               it
               cannot
               wash
               their
               hands
               from
               blood
               :
               To
               make
               a
               warre
               just
               (
               as
               our
               Casuists
               rightly
               )
               there
               must
               bee
               a
               lawfull
               authority
               to
               raise
               it
               ;
               a
               just
               ground
               whereon
               to
               raise
               it
               ;
               due
               formes
               and
               conditions
               in
               the
               raising
               ,
               managing
               ,
               and
               cessation
               of
               it
               :
               That
               no
               authority
               lesse
               than
               supreame
               can
               wage
               a
               warre
               ,
               it
               is
               cleare
               in
               nature
               ;
               for
               that
               none
               other
               besides
               it
               can
               have
               power
               
               of
               life
               and
               death
               ;
               which
               both
               must
               lye
               at
               the
               publique
               stake
               in
               warre
               .
            
             
               That
               none
               but
               a
               just
               and
               weighty
               cause
               can
               be
               the
               ground
               of
               a
               warre
               ,
               every
               mans
               reason
               apprehends
               ;
               for
               how
               precious
               a
               blessing
               had
               that
               need
               to
               bee
               ,
               that
               is
               held
               worth
               the
               purchasing
               with
               the
               price
               of
               so
               much
               bloud
               ;
               and
               how
               heavy
               a
               curse
               must
               that
               needes
               bee
               ,
               which
               can
               onely
               be
               remedied
               ,
               or
               prevented
               by
               so
               grievous
               a
               judgement
               as
               war
               ?
            
             
               That
               due
               termes
               and
               conditions
               are
               requisite
               to
               bee
               offered
               ere
               warre
               be
               undertaken
               ;
               and
               observed
               in
               the
               managing
               and
               ceasing
               of
               it
               ,
               humanity
               it self
               teacheth
               us
               ;
               without
               which
               men
               should
               run
               upon
               one
               another
               with
               no
               lesse
               fury
               and
               disorder
               than
               beasts
               ;
               not
               staying
               for
               any
               capitulation
               but
               the
               first
               advantage
               ;
               nor
               terminating
               their
               discord
               in
               any
               thing
               but
               utter
               destruction
               .
            
             
               Where
               all
               or
               any
               of
               these
               are
               wanting
               ,
               
               the
               warre
               cannot
               be
               just
               :
               and
               where
               it
               is
               known
               not
               to
               be
               such
               ,
               woe
               be
               to
               those
               hands
               that
               are
               willingly
               active
               in
               prosecuting
               it
               .
            
             
               Now
               the
               care
               of
               all
               these
               three
               maine
               requisites
               must
               lie
               chiefly
               upon
               that
               Power
               ,
               which
               is
               entrusted
               by
               the
               Almighty
               ,
               with
               the
               over-ruling
               of
               publique
               affaires
               :
               For
               the
               Subject
               ,
               as
               he
               is
               bound
               to
               an
               implicite
               reliance
               upon
               the
               command
               of
               the
               supreame
               power
               ;
               so
               (
               unlesse
               it
               be
               in
               a
               case
               notoriously
               apparent
               to
               be
               unjust
               )
               must
               yeild
               a
               blind-fold
               obedience
               to
               authority
               ;
               going
               whither
               he
               is
               led
               ,
               and
               doing
               what
               he
               is
               bidden
               ;
               But
               if
               the
               case
               be
               such
               ,
               as
               that
               his
               heart
               is
               fully
               convinced
               of
               the
               injustice
               of
               the
               enterprise
               ,
               and
               that
               he
               clearly
               finds
               that
               he
               is
               charged
               to
               smite
               Innocence
               ,
               and
               to
               him
               ,
               against
               God
               ;
               I
               cannot
               blame
               fight
               ,
               if
               with
               Sauls
               footmen
               (
               when
               they
               were
               commanded
               to
               fall
               upon
               the
               Priests
               of
               the
               Lord
               )
               he
               withhold
               
               his
               hand
               ,
               and
               craving
               pardon
               ,
               shew
               lesse
               readinesse
               to
               act
               ,
               than
               to
               suffer
               .
            
             
               In
               the
               second
               place
               ,
               I
               must
               aske
               you
               with
               what
               intentions
               you
               addresse
               your selfe
               to
               the
               field
               ;
               if
               it
               be
               out
               of
               the
               conscience
               of
               maintaining
               a
               just
               cause
               ,
               if
               out
               of
               a
               loyall
               obedience
               to
               lawfull
               authority
               :
               I
               shall
               bid
               you
               go
               on
               ,
               and
               prosper
               :
               but
               if
               either
               malice
               to
               the
               parties
               opposed
               ,
               and
               therein
               desire
               of
               revenge
               ,
               or
               a
               base
               covetousnesse
               of
               pay
               ,
               or
               hope
               and
               desire
               of
               plunder
               have
               put
               you
               into
               armes
               ;
               repent
               and
               withdraw
               :
               For
               what
               can
               be
               more
               sordid
               or
               cruell
               ,
               than
               to
               be
               hired
               for
               dayes-wages
               to
               shed
               innocent
               blood
               ?
               Or
               what
               can
               bee
               more
               horribly
               mischievous
               for
               a
               Man
               ,
               than
               to
               kill
               ,
               that
               hee
               may
               steale
               ?
            
             
               Upon
               your
               answer
               to
               these
               questions
               it
               will
               be
               easie
               for
               mee
               to
               returne
               mine
               ;
               In
               a
               just
               quarrell
               ,
               being
               thereto
               lawfully
               called
               ,
               you
               may
               fight
               ;
               
               warrantable
               authority
               hath
               put
               the
               sword
               into
               your
               hand
               ;
               you
               may
               use
               it
               .
               But
               take
               heed
               that
               you
               use
               it
               with
               that
               moderation
               ,
               and
               with
               those
               affections
               that
               are
               meet
               :
               Even
               an
               authorized
               hand
               may
               offend
               in
               striking
               ;
               Magistrates
               themselves
               ,
               if
               there
               be
               revenge
               in
               their
               executions
               ,
               doe
               no
               other
               than
               murder
               :
               Far
               be
               it
               from
               you
               to
               take
               pleasure
               in
               bloud
               ;
               and
               to
               enjoy
               another
               mans
               destruction
               :
               If
               (
               especially
               in
               those
               warres
               that
               are
               intestine
               )
               you
               shall
               mingle
               your
               teares
               with
               the
               blood
               ,
               which
               you
               are
               forced
               to
               spill
               ,
               it
               may
               well
               become
               Christian
               fortitude
               .
            
             
               Shortly
               ;
               doe
               you
               enter
               into
               your
               armes
               ,
               imprest
               ,
               or
               voluntary
               ?
               If
               the
               former
               ,
               you
               have
               nothing
               but
               your
               owne
               heart
               to
               looke
               unto
               for
               a
               fit
               disposition
               ;
               That
               Power
               ,
               whom
               you
               justly
               obey
               ,
               must
               answer
               for
               the
               cause
               ;
               If
               the
               latter
               ,
               you
               have
               reason
               diligently
               to
               examine
               all
               the
               necessary
               
               points
               ,
               of
               the
               power
               ,
               of
               the
               cause
               ,
               of
               your
               intentions
               :
               as
               well
               considering
               that
               in
               a
               warre
               it
               is
               no
               lesse
               impossible
               that
               both
               sides
               should
               be
               in
               the
               right
               ,
               than
               that
               in
               a
               contradiction
               both
               parts
               should
               be
               true
               :
               Here
               therefore
               your
               will
               makes
               it selfe
               the
               Judg
               of
               all
               three
               ;
               and
               (
               if
               any
               of
               them
               faile
               )
               leaves
               you
               answerable
               for
               all
               miscarriages
               ;
               so
               as
               you
               had
               need
               to
               be
               carefully
               inquisitive
               ,
               in
               this
               case
               ,
               upon
               what
               grounds
               you
               goe
               ;
               that
               so
               (
               whatsoever
               may
               befall
               )
               a
               good
               conscience
               may
               beare
               you
               out
               in
               the
               greatest
               difficulties
               ,
               and
               saddest
               events
               that
               are
               wont
               to
               attend
               upon
               warre
               .
            
          
           
             
             
               CASE
               X.
               
            
             
               Whether
               and
               how
               farre
               a
               man
               may
               act
               towards
               his
               own
               Death
               .
            
             
               DIrectly
               to
               intend
               or
               endeavour
               that
               ,
               which
               may
               worke
               his
               owne
               death
               ,
               is
               abominably
               wicked
               ,
               and
               no
               lesse
               than
               the
               worst
               murder
               .
            
             
               For
               if
               a
               man
               may
               not
               kill
               another
               ,
               much
               lesse
               himselfe
               ;
               by
               how
               much
               he
               is
               nearer
               to
               himselfe
               than
               to
               another
               :
               and
               certainely
               if
               we
               must
               regulate
               our
               love
               to
               another
               by
               that
               to
               our selves
               ,
               it
               must
               follow
               that
               love
               to
               our selves
               must
               take
               up
               the
               first
               roome
               in
               our
               hearts
               :
               and
               that
               love
               cannot
               but
               be
               accompanied
               with
               a
               detestation
               of
               any
               thing
               that
               may
               bee
               harmefull
               to
               our selves
               .
               Doubtlesse
               ,
               many
               that
               can
               be
               cruell
               to
               another
               ,
               are
               favourable
               enough
               to
               themselves
               ;
               but
               never
               man
               that
               could
               be
               cruell
               to
               himself
               would
               be
               sparing
               to
               another's
               blood
               .
            
             
             
               To
               will
               or
               attempt
               this
               is
               highly
               injurious
               to
               that
               God
               ,
               whose
               we
               onely
               are
               ;
               who
               hath
               committed
               our
               life
               as
               a
               most
               precious
               thing
               to
               our
               trust
               ,
               for
               his
               use
               ,
               more
               than
               our
               owne
               ;
               and
               will
               require
               from
               us
               an
               account
               of
               our
               managing
               of
               it
               ,
               and
               our
               parting
               from
               it
               .
               It
               is
               a
               foule
               misprision
               in
               those
               men
               ,
               that
               make
               account
               of
               themselves
               as
               their
               owne
               ,
               and
               therefore
               that
               they
               are
               the
               absolute
               Lords
               of
               their
               life
               :
               Did
               they
               give
               themselves
               their
               owne
               being
               ?
               had
               they
               nothing
               but
               meere
               nature
               in
               them
               ?
               can
               they
               but
               acknowledge
               an
               higher
               hand
               in
               their
               formation
               ,
               and
               animating
               ?
               What
               a
               wrong
               were
               it
               therefore
               to
               the
               great
               Lord
               and
               giver
               of
               life
               ,
               to
               steale
               out
               of
               the
               world
               ,
               without
               his
               leave
               that
               placed
               us
               there
               ?
               But
               much
               more
               if
               Christians
               ,
               they
               know
               themselves
               ,
               besides
               ,
               dearly
               paid
               for
               ;
               and
               therefore
               not
               in
               their
               own
               disposing
               ,
               but
               in
               his
               that
               bought
               
               them
               .
               Secondly
               ,
               most
               desperately
               injurious
               to
               our selves
               ,
               as
               incurring
               thereby
               a
               certaine
               damnation
               (
               for
               ought
               appeares
               to
               lookers
               on
               )
               for
               ever
               ,
               of
               those
               soules
               which
               have
               wilfully
               broken
               Gods
               more
               easie
               ,
               and
               temporary
               prison
               ,
               to
               put
               themselves
               upon
               the
               direfull
               prison
               of
               Satan
               to
               all
               eternity
               .
            
             
               Nature
               it selfe
               ,
               though
               not
               enlightened
               with
               the
               knowledge
               ,
               of
               the
               estate
               of
               another
               world
               ,
               found
               cause
               to
               abhor
               this
               practice
               :
               However
               the
               Stoicall
               Philosophers
               ,
               and
               some
               high
               Roman
               spirits
               following
               their
               doctrine
               ,
               have
               beene
               liberall
               of
               their
               lives
               ;
               the
               Thebans
               of
               old
               professed
               detestation
               of
               this
               worst
               of
               prodigalities
               :
               And
               the
               Athenians
               enacted
               that
               the
               hand
               ,
               which
               should
               be
               guilty
               of
               such
               an
               act
               ,
               should
               be
               cut
               off
               ,
               and
               kept
               unburied
               ;
               And
               it
               was
               wisely
               ordained
               by
               that
               Grecian
               Common-wealth
               ,
               when
               their
               Virgins
               (
               out
               of
               a
               
               peevish
               discontentment
               )
               were
               growne
               into
               a
               selfe-killing
               humour
               ,
               that
               the
               bodies
               of
               such
               offenders
               should
               bee
               dragged
               naked
               though
               the
               streets
               of
               the
               City
               ;
               the
               shame
               whereof
               stopped
               the
               course
               of
               that
               mad
               resolution
               .
            
             
               It
               is
               not
               the
               heaviest
               of
               crosses
               ,
               or
               the
               sharpest
               bodily
               anguish
               that
               can
               warrant
               so
               foule
               an
               act
               .
               Well
               was
               it
               turned
               off
               by
               Antisthenes
               of
               old
               ,
               when
               in
               the
               extremity
               of
               his
               paine
               he
               cried
               out
               ,
               Oh
               who
               will
               free
               me
               from
               this
               torment
               !
               and
               Diognes
               reached
               him
               a
               poynard
               ,
               wherewith
               to
               dispatch
               himselfe
               :
               Nay
               ,
               said
               hee
               ,
               I
               said
               ,
               from
               my
               torment
               ,
               not
               from
               my
               life
               :
               as
               well
               knowing
               it
               neither
               safe
               ,
               nor
               easie
               ,
               to
               part
               with
               our selves
               upon
               such
               termes
               .
            
             
               Farre
               ,
               farre
               be
               it
               from
               us
               to
               put
               into
               this
               ranke
               and
               file
               those
               worthy
               Martyrs
               ,
               which
               in
               the
               fervour
               of
               their
               holy
               zeale
               have
               put
               themselves
               forward
               to
               martyrdome
               ;
               and
               have
               courageously
               
               prevented
               the
               lust
               and
               fury
               of
               Tyrants
               ,
               to
               keep
               their
               chastity
               ,
               and
               faith
               inviolable
               .
               I
               looke
               upon
               these
               as
               more
               fit
               objects
               of
               wonder
               ,
               than
               either
               of
               censure
               ,
               or
               imitation
               .
               For
               these
               (
               whom
               wee
               may
               well
               match
               with
               Sampson
               ,
               and
               Eleazar
               )
               what
               Gods
               spirit
               wrought
               in
               them
               ,
               hee
               knowes
               that
               gave
               it
               ;
               Rules
               are
               they
               by
               which
               we
               live
               ,
               not
               examples
               .
            
             
               Secondly
               ,
               However
               wee
               may
               not
               by
               any
               meanes
               directly
               act
               to
               the
               cutting
               off
               the
               thred
               of
               life
               ;
               yet
               I
               cannot
               but
               yeild
               with
               learned
               *
               Lessius
               ,
               that
               there
               may
               fall
               out
               cases
               ,
               wherein
               a
               man
               may
               (
               upon
               just
               cause
               )
               doe
               ,
               or
               forbeare
               something
               whereupon
               death
               may
               indirectly
               ensue
               :
               Indirectly
               ,
               I
               say
               ,
               not
               with
               an
               intention
               of
               such
               issue
               :
               for
               it
               is
               not
               an
               universall
               charge
               of
               God
               ,
               that
               no
               man
               should
               upon
               any
               occasion
               expose
               his
               life
               to
               a
               probable
               danger
               ;
               if
               so
               ,
               there
               would
               be
               
               no
               warre
               ,
               no
               traffique
               ;
               but
               onely
               that
               he
               should
               not
               causelesly
               hazard
               himselfe
               ;
               nor
               with
               a
               resolution
               of
               wilfull
               miscarriage
               .
            
             
               To
               those
               instances
               hee
               gives
               of
               a
               souldier
               that
               must
               keep
               his
               station
               ,
               though
               it
               cost
               him
               life
               :
               of
               a
               prisoner
               that
               may
               forbeare
               to
               flee
               out
               of
               prison
               ,
               though
               the
               doores
               be
               open
               :
               of
               a
               man
               condemn'd
               to
               dye
               by
               hunger
               ,
               in
               whose
               power
               it
               is
               to
               refuse
               a
               sustenance
               offered
               :
               of
               a
               man
               that
               latches
               the
               weapon
               in
               his
               owne
               body
               to
               save
               his
               Prince
               :
               or
               of
               a
               friend
               ,
               who
               when
               but
               one
               loafe
               is
               left
               to
               preserve
               the
               life
               of
               two
               ,
               refraines
               from
               his
               part
               and
               dyes
               first
               :
               or
               that
               suffers
               another
               to
               take
               that
               planke
               in
               a
               shipwrack
               ,
               which
               himselfe
               might
               have
               prepossessed
               ,
               as
               trusting
               to
               the
               oares
               of
               his
               armes
               :
               or
               that
               puts
               himselfe
               into
               an
               infected
               house
               out
               of
               meer
               charity
               to
               tend
               the
               sick
               ,
               though
               hee
               know
               the
               contagion
               deadly
               ;
               or
               in
               a
               Sea-fight
               
               blows
               up
               the
               deck
               with
               gun-powder
               ,
               not
               without
               his
               own
               danger
               ;
               or
               when
               the
               house
               is
               on
               fire
               ,
               casts
               himselfe
               out
               at
               the
               window
               with
               an
               extreame
               hazard
               :
               To
               these
               ,
               I
               say
               ,
               may
               be
               added
               many
               more
               ;
               as
               the
               cutting
               off
               a
               limb
               to
               stop
               the
               course
               of
               a
               Gangreene
               ;
               to
               make
               an
               adventure
               of
               a
               dangerous
               incision
               in
               the
               body
               ,
               to
               draw
               forth
               the
               stone
               in
               the
               bladde
               ;
               the
               taking
               of
               a
               large
               dose
               of
               opiate
               pills
               ,
               to
               ease
               a
               mortall
               extremity
               ;
               or
               lastly
               ,
               when
               a
               man
               is
               already
               seized
               on
               by
               death
               ,
               the
               receiving
               of
               some
               such
               powerfull
               medicine
               ,
               as
               may
               facilitate
               his
               passage
               (
               the
               defect
               of
               which
               care
               and
               art
               ,
               the
               eminently-learned
               Lord
               *
               Verulam
               justly
               complaines
               of
               in
               Physitians
               :
               )
               In
               these
               ,
               and
               the
               like
               cases
               ,
               a
               man
               may
               lawfully
               doe
               these
               things
               which
               may
               tend
               ,
               in
               the
               event
               to
               his
               owne
               death
               ,
               though
               without
               an
               intention
               of
               procuring
               it
               .
            
             
             
               And
               unto
               this
               head
               must
               bee
               referred
               those
               infinite
               examples
               of
               deadly
               sufferings
               for
               good
               causes
               ,
               willingly
               embraced
               for
               conscience
               sake
               .
               The
               seven
               Brethren
               in
               the
               Maccabees
               ,
               (
               alluded
               to
               by
               St.
               Paul
               to
               his
               
                 Hebrewes
                 ,
                 Heb.
                 11.
                 35.
                 
                 )
              
               will
               and
               must
               rather
               endure
               the
               butchering
               of
               their
               owne
               flesh
               ,
               than
               the
               eating
               of
               Swines
               flesh
               ,
               in
               a
               willing
               affront
               of
               their
               Law
               :
               Daniel
               will
               rather
               dye
               than
               not
               pray
               .
               
                 Shadrach
                 ,
                 Meshach
              
               ,
               and
               Abednego
               ,
               will
               rather
               fall
               downe
               bound
               into
               the
               fiery
               Fornace
               seven-fold
               heated
               ,
               than
               fall
               down
               before
               the
               golden
               Image
               .
            
             
               And
               every
               right-disposed
               Christian
               will
               rather
               welcome
               death
               than
               yeild
               to
               a
               willing
               act
               of
               Idolatry
               ,
               Rebellion
               ,
               Witchcraft
               :
               If
               hereupon
               death
               follow
               by
               the
               infliction
               of
               others
               ,
               they
               are
               sinfull
               agents
               ,
               hee
               is
               an
               innocent
               sufferer
               .
            
             
               As
               for
               that
               scruple
               among
               our
               Casuists
               ,
               whether
               a
               man
               condemned
               to
               
               dye
               by
               poyson
               ,
               may
               take
               the
               deadly
               draught
               that
               is
               brought
               him
               ;
               it
               is
               such
               ,
               as
               wise
               Socrates
               never
               made
               of
               old
               ,
               when
               the
               Athenians
               tendred
               him
               his
               hemlock
               ;
               and
               indeede
               it
               may
               as
               well
               be
               disputed
               ,
               whether
               a
               man
               condemned
               to
               dye
               by
               the
               Axe
               ,
               may
               quietly
               lay
               downe
               his
               head
               upon
               the
               Block
               ;
               and
               not
               ,
               but
               upon
               force
               ,
               yeild
               to
               that
               fatall
               stroke
               .
               A
               juster
               scruple
               is
               ,
               whether
               a
               man
               condemned
               to
               a
               certaine
               and
               painefull
               death
               ,
               which
               hee
               cannot
               possibly
               eschew
               ;
               may
               make
               choice
               rather
               of
               a
               more
               easie
               passage
               out
               of
               the
               world
               ;
               wherein
               I
               marvell
               at
               the
               indulgence
               of
               some
               Doctors
               ,
               that
               would
               either
               excuse
               ,
               or
               mince
               the
               matter
               .
               For
               although
               I
               cannot
               blame
               that
               naturall
               disposition
               in
               any
               creature
               ,
               to
               shrinke
               from
               pain
               ,
               and
               to
               affect
               (
               what
               it
               may
               )
               the
               shifting
               from
               extremity
               of
               miserie
               :
               yet
               for
               a
               Christian
               so
               to
               doe
               it
               ,
               as
               to
               draw
               a
               greater
               mischief
               to
               himselfe
               ,
               
               and
               an
               apparent
               danger
               to
               his
               soule
               ,
               it
               cannot
               justly
               beare
               any
               other
               than
               a
               hard
               construction
               .
               For
               thus
               to
               carve
               himselfe
               of
               Justice
               ,
               is
               manifestly
               to
               violate
               lawfull
               authority
               ;
               and
               whiles
               he
               would
               avoid
               a
               short
               pain
               ,
               to
               incur
               the
               shame
               and
               sin
               of
               a
               selfe-executioner
               .
            
             
               But
               if
               in
               that
               way
               ,
               wherein
               the
               doome
               of
               death
               is
               passed
               ,
               a
               man
               can
               give
               himselfe
               ease
               ,
               or
               speed
               of
               dissolution
               (
               as
               when
               a
               Martyr
               being
               adjudg'd
               to
               the
               fire
               ,
               use
               the
               helpe
               of
               a
               bagge
               of
               Gun-powder
               ,
               to
               expedite
               his
               passage
               )
               it
               cannot
               be
               any
               way
               judged
               unlawfull
               :
               The
               sentence
               is
               obeyed
               ,
               the
               execution
               is
               accordingly
               done
               ;
               and
               ,
               if
               the
               patient
               have
               found
               a
               shorter
               way
               to
               that
               end
               which
               is
               appointed
               him
               ,
               what
               offence
               can
               this
               be
               either
               to
               the
               Law
               ,
               or
               to
               the
               Judge
               ?
            
          
        
         
           
           
           
             RESOLUTIONS
             .
             The
             third
             Decade
             .
          
           
             Cases
             of
             Piety
             and
             Religion
             .
          
           
             
               CASE
               I.
               
            
             
               Whether
               upon
               the
               appearance
               of
               Evill
               Spirits
               wee
               may
               hold
               discourse
               with
               them
               ;
               and
               how
               we
               may
               demean
               our selves
               concerning
               them
               .
            
             
               THat
               there
               are
               evill
               spirits
               ,
               is
               no
               less
               certaine
               than
               that
               there
               are
               men
               :
               None
               but
               a
               Sadduce
               ,
               or
               an
               Atheist
               can
               make
               question
               of
               it
               .
            
             
               That
               evill
               spirits
               have
               given
               certaine
               
               proofes
               of
               their
               presence
               with
               men
               ,
               both
               in
               visible
               apparitions
               ,
               and
               in
               the
               possessions
               of
               places
               ,
               and
               bodies
               ,
               is
               no
               lesse
               manifest
               ,
               than
               that
               we
               have
               soules
               ,
               whereby
               they
               are
               discerned
               .
            
             
               Their
               appearances
               are
               not
               wont
               to
               be
               without
               grievous
               inconveniences
               ;
               whether
               in
               respect
               of
               our
               dreadfulnesse
               ,
               or
               their
               dangerous
               insinuations
               .
            
             
               It
               is
               the
               great
               mercy
               of
               the
               God
               of
               Spirits
               ,
               that
               hee
               hath
               bound
               up
               the
               evill
               Angels
               in
               the
               chaines
               of
               darkenesse
               ,
               restraining
               them
               from
               those
               frequent
               ,
               and
               horrible
               appearances
               which
               they
               would
               otherwise
               make
               to
               the
               terrour
               ,
               and
               consternation
               of
               his
               weak
               creatures
               .
            
             
               Whensoever
               it
               pleaseth
               the
               Almighty
               ,
               for
               his
               owne
               holy
               purposes
               ,
               so
               farre
               to
               loosen
               ,
               or
               lengthen
               the
               chaines
               of
               wicked
               spirits
               ,
               as
               to
               suffer
               them
               to
               exhibit
               themselves
               in
               some
               
               assumed
               shapes
               unto
               men
               ,
               it
               cannot
               but
               mainly
               import
               us
               to
               know
               ,
               what
               our
               deportment
               should
               be
               concerning
               them
               .
               Doubtlesse
               to
               hold
               any
               faire
               termes
               of
               commerce
               ,
               or
               peace
               (
               much
               more
               of
               amity
               and
               familiarity
               )
               with
               them
               ,
               were
               no
               better
               than
               to
               professe
               our selves
               enemies
               to
               God
               ;
               for
               such
               an
               irreconcileable
               hostility
               there
               is
               betwixt
               the
               holy
               God
               ,
               and
               these
               malignant
               spirits
               ,
               that
               there
               can
               bee
               no
               place
               for
               a
               neutrality
               in
               our
               relation
               to
               them
               :
               so
               as
               hee
               is
               an
               absolute
               enemie
               to
               the
               one
               ,
               that
               bids
               not
               open
               defiance
               to
               the
               other
               .
            
             
               As
               therefore
               wee
               are
               wont
               by
               our
               silence
               to
               signifie
               our
               heart-burning
               against
               any
               person
               (
               in
               that
               we
               abide
               not
               to
               speake
               unto
               those
               whom
               wee
               hate
               ,
               )
               so
               must
               wee
               carry
               our selves
               towards
               evill
               spirits
               :
               And
               if
               they
               beginne
               with
               us
               ,
               as
               that
               Devill
               did
               in
               in
               the
               Serpent
               with
               Eve
               ;
               how
               unsafe
               and
               deadly
               it
               may
               bee
               to
               hold
               that
               
               with
               them
               ,
               appeares
               in
               that
               first
               example
               of
               their
               onset
               ;
               the
               issue
               whereof
               brought
               misery
               ,
               and
               mortality
               upon
               all
               mankinde
               ;
               yet
               then
               ,
               were
               our
               first
               parents
               in
               their
               innocency
               ,
               and
               all
               earthly
               perfection
               :
               wee
               now
               so
               tainted
               with
               sinne
               ,
               that
               Satan
               hath
               a
               kinde
               of
               party
               in
               us
               ,
               even
               before
               his
               actuall
               temptations
               .
            
             
               As
               therefore
               wee
               are
               wont
               to
               say
               that
               the
               fort
               that
               yeilds
               to
               parley
               is
               halfe
               won
               ;
               so
               may
               it
               prove
               with
               us
               ,
               if
               we
               shall
               give
               way
               to
               hold
               discourse
               with
               wicked
               spirits
               ;
               who
               are
               farre
               too
               crafty
               for
               us
               to
               deale
               withall
               :
               having
               so
               evident
               an
               advantage
               of
               us
               ,
               both
               in
               nature
               (
               we
               being
               flesh
               and
               blood
               ,
               they
               spirituall
               wickednesse
               )
               and
               in
               duration
               ,
               and
               experience
               ,
               we
               being
               but
               of
               yesterday
               ,
               they
               coetaneous
               with
               the
               world
               and
               time
               it selfe
               .
            
             
               If
               you
               tell
               mee
               that
               our
               Saviour
               himselfe
               interchanged
               some
               speeches
               with
               the
               spirits
               whom
               he
               ejected
               ;
               it
               
               is
               easily
               answered
               ,
               that
               this
               act
               of
               his
               was
               never
               intended
               for
               our
               imitation
               ;
               sith
               his
               omnipotence
               was
               no
               way
               obnoxious
               to
               their
               malice
               ,
               our
               weakness
               is
               .
            
             
               I
               cannot
               therefore
               but
               marvell
               at
               the
               boldnesse
               of
               those
               men
               ,
               who
               professing
               no
               small
               degree
               of
               holinesse
               ,
               have
               dared
               to
               hold
               familiar
               talk
               with
               evill
               spirits
               ,
               and
               could
               be
               content
               to
               make
               use
               of
               them
               for
               intelligence
               ;
               as
               the
               famous
               Jesuite
               ,
               in
               our
               time
               ,
               
                 Pere
                 Cotton
              
               ;
               who
               having
               provided
               50.
               questions
               to
               be
               propounded
               to
               a
               Demoniack
               (
               some
               concerning
               matters
               of
               learning
               ,
               some
               other
               matters
               of
               State
               ,
               concerning
               the
               then
               French
               King
               and
               the
               King
               of
               England
               )
               and
               having
               them
               written
               down
               under
               his
               owne
               hand
               to
               that
               purpose
               ;
               being
               questioned
               concerningit
               ,
               answered
               ,
               that
               hee
               had
               licence
               from
               Rome
               to
               tender
               those
               demands
               :
               as
               I
               received
               it
               upon
               certaine
               relation
               from
               the
               
               learned
               Dr.
               Tilenus
               with
               many
               pregnant
               and
               undeniable
               circumstances
               ,
               which
               I
               need
               not
               here
               expresse
               .
               Although
               this
               need
               not
               seeme
               strange
               to
               me
               ,
               when
               I
               finde
               that
               *
               Navarre
               determines
               plainly
               ,
               that
               when
               evill
               spirits
               are
               present
               (
               not
               by
               our
               invocation
               )
               as
               in
               possessed
               bodies
               ,
               it
               is
               lawfull
               to
               move
               questions
               to
               them
               ,
               (
               so
               it
               be
               without
               our
               paayers
               to
               them
               ,
               or
               pact
               with
               them
               for
               the
               profit
               of
               others
               ;
               yea
               ,
               thus
               to
               confer
               with
               them
               ,
               even
               out
               of
               vanity
               ,
               or
               curiosity
               ,
               is
               but
               venial
               at
               the
               most
               :
               Thus
               he
               ,
               with
               whom
               †
               Lessius
               goes
               so
               far
               as
               to
               say
               ,
               
                 Licitum
                 est
                 petere
                 verbo
                 à
                 Diabolo
                 ut
                 nocere
                 desinat
                 ,
              
               &c.
               
               It
               is
               lawfull
               to
               move
               the
               Devill
               in
               words
               to
               cease
               from
               hurting
               ,
               so
               that
               it
               be
               not
               done
               by
               way
               of
               deprecation
               ,
               or
               in
               a
               friendly
               compliance
               ,
               but
               by
               way
               of
               indignation
               :
               A
               distinction
               which
               I
               confesse
               past
               the
               capacity
               
               of
               my
               apprehension
               ;
               who
               have
               not
               the
               wit
               to
               conceive
               how
               a
               man
               can
               move
               without
               implying
               a
               kinde
               of
               suite
               ;
               and
               how
               any
               suite
               can
               consist
               with
               an
               indignation
               .
            
             
               It
               savours
               yet
               of
               a
               more
               heroicall
               spirit
               ,
               which
               the
               Church
               of
               Rome
               professeth
               to
               teach
               and
               practice
               ,
               the
               ejection
               of
               evill
               spirits
               by
               an
               imperious
               way
               of
               command
               ;
               having
               committed
               to
               her
               Exorcists
               a
               power
               of
               Adjuration
               ,
               to
               which
               the
               worst
               of
               Devils
               must
               be
               subject
               ;
               a
               power
               more
               easily
               arrogated
               ,
               than
               really
               exercised
               :
               Indeed
               ,
               this
               over-ruling
               authority
               was
               eminently
               conspicuous
               ,
               not
               onely
               in
               the
               selected
               twelve
               ,
               and
               the
               seventy
               Disciples
               of
               Christ
               ,
               who
               returned
               from
               their
               Embassie
               with
               joy
               ,
               
                 (
                 Luk.
                 10.
                 17.
                 
              
               )
               that
               the
               Devils
               were
               subject
               to
               them
               through
               his
               name
               ,
               but
               even
               in
               their
               holy
               Successors
               of
               the
               Primitive
               Church
               ,
               whiles
               the
               miraculous
               gifts
               of
               the
               holy
               Ghost
               were
               sensibly
               poured
               
               out
               upon
               men
               ;
               but
               if
               they
               will
               be
               still
               challenging
               the
               same
               power
               ;
               why
               doe
               they
               not
               as
               well
               lay
               claime
               to
               the
               speaking
               of
               strange
               tongues
               ?
               
                 (
                 Mar.
                 16.
                 17.
                 18
                 
                 )
              
               to
               the
               super-naturall
               cure
               of
               all
               diseases
               ?
               to
               the
               treading
               on
               serpents
               and
               scorpions
               ?
               to
               the
               drinking
               of
               poysons
               without
               an
               Antidote
               ?
               and
               if
               they
               must
               needs
               acknowledge
               these
               faculties
               above
               their
               reach
               ,
               why
               doe
               they
               presume
               to
               divide
               the
               Spirit
               from
               it selfe
               ;
               arrogating
               to
               themselves
               the
               power
               of
               the
               greatest
               workes
               ,
               whiles
               they
               are
               professedly
               defective
               in
               the
               least
               ?
               wherein
               surely
               ,
               as
               they
               are
               the
               true
               successors
               of
               the
               sonnes
               of
               
                 Sceva
                 ,
                 Act.
                 19.
                 r3
                 ,
                 14
                 ,
                 15
                 ,
                 16.
              
               who
               would
               be
               adjuring
               of
               Devils
               by
               the
               name
               of
               Jesus
               ,
               whom
               S.
               Paul
               preached
               ,
               so
               they
               can
               looke
               for
               no
               other
               intertainment
               than
               they
               found
               from
               those
               Demoniacks
               ,
               which
               was
               to
               be
               baffled
               ,
               and
               beaten
               ,
               and
               wounded
               .
            
             
             
               Especially
               ,
               if
               we
               consider
               the
               foule
               superstition
               ,
               and
               grosse
               magick
               ,
               which
               they
               make
               use
               of
               in
               their
               Conjurations
               ;
               by
               their
               owne
               vainely-devised
               Exorcismes
               ,
               feoffing
               a
               supernaturall
               vertue
               upon
               drugges
               ,
               and
               herbes
               ,
               for
               the
               dispelling
               ,
               and
               staving
               off
               all
               evill
               spirits
               ;
               Because
               the
               bookes
               are
               not
               perhaps
               obvious
               ,
               take
               but
               a
               taste
               in
               one
               ,
               or
               two
               :
               *
               In
               the
               treasure
               of
               Exorcismes
               ,
               there
               is
               this
               following
               Benediction
               of
               Rue
               ,
               to
               be
               put
               into
               an
               hallowed
               paper
               ,
               and
               to
               be
               carried
               about
               you
               and
               smelled
               at
               for
               the
               repelling
               of
               the
               Invasion
               of
               Devils
               †
               .
               I
               conjure
               thee
               ô
               thou
               creature
               of
               Rue
               ,
               by
               the
               holy
               Lord
               ,
               the
               Father
               ,
               the
               Almighty
               and
               Eternall
               God
               ,
               which
               bringeth
               forth
               grasse
               in
               the
               mountaines
               ,
               
               and
               herbes
               for
               the
               use
               of
               man
               :
               And
               which
               by
               the
               Apostle
               of
               thy
               Sonne
               our
               Lord
               Jesus
               Christ
               ,
               hast
               taught
               ,
               That
               the
               weake
               should
               eat
               Herbes
               :
               I
               conjure
               thee
               that
               thou
               bee
               blessed
               ,
               and
               sanctifyed
               to
               retaine
               th●s
               invisible
               power
               and
               vertue
               ,
               that
               whosoever
               shall
               carry
               thee
               about
               him
               ,
               or
               shall
               smell
               to
               thee
               ,
               may
               be
               free
               from
               all
               the
               uncleannesse
               of
               Diabolicall
               infatuation
               ;
               and
               that
               all
               Devills
               ,
               and
               all
               Witchcrafts
               may
               speedily
               fall
               from
               him
               ,
               as
               herbes
               or
               grasse
               of
               the
               earth
               :
               through
               the
               same
               our
               Lord
               Jesus
               Christ
               ,
               which
               shall
               come
               to
               judge
               the
               quick
               and
               the
               dead
               ,
               and
               the
               world
               by
               fire
               .
               The
               like
               is
               prescribed
               to
               be
               done
               to
               the
               seedes
               of
               Hypericon
               or
               St.
               
                 Johns
                 wort
              
               .
            
             
               *
               Adde
               to
               this
               ,
               the
               horrible
               fumigation
               to
               this
               purpose
               as
               it
               followes
               .
               I
               conjure
               thee
               O
               thou
               Creature
               of
               
               
                 Galbanum
                 ,
                 Sulphur
                 ,
                 Assa
                 foetida
                 ,
                 Aristolochium
                 ,
                 Hypericon
              
               and
               Rue
               ,
               by
               the
               †
               living
               God
               ,
               by
               the
               †
               true
               God
               ,
               &c.
               by
               Jesus
               Christ
               ,
               &c.
               that
               thou
               be
               for
               our
               defence
               ;
               and
               that
               thou
               be
               made
               a
               perpetuall
               fumigation
               ,
               exorcised
               ,
               †
               blessed
               ,
               and
               consecrated
               to
               the
               safety
               of
               us
               ,
               and
               of
               all
               faithfull
               Christians
               ,
               and
               that
               thou
               be
               a
               perpetuall
               punishment
               to
               all
               malignant
               spirits
               ,
               and
               a
               most
               vehement
               ,
               and
               infinite
               fire
               unto
               them
               ,
               more
               than
               the
               fire
               and
               brimstone
               of
               hell
               is
               to
               the
               infernall
               spirits
               there
               ,
               &c.
               
               *
            
             
               But
               what
               doe
               I
               trouble
               you
               with
               these
               dreadfull
               incantations
               ,
               whereof
               the
               allowed
               bookes
               of
               Conjuration
               are
               full
               ?
               To
               these
               I
               may
               adde
               their
               application
               of
               holy
               water
               ,
               (
               wherein
               they
               place
               not
               a
               little
               confidence
               )
               which
               (
               saith
               Lessius
               )
               receives
               the
               force
               from
               the
               prayers
               of
               the
               Church
               ,
               by
               the
               meanes
               whereof
               it
               comes
               to
               
               passe
               ,
               that
               it
               is
               assisted
               with
               divine
               power
               ;
               which
               (
               as
               it
               were
               )
               rests
               upon
               it
               ,
               and
               joynes
               with
               it
               ,
               to
               the
               averting
               of
               all
               the
               infestations
               of
               the
               Devill
               :
               But
               faine
               would
               I
               learne
               where
               the
               Church
               hath
               any
               warrant
               from
               God
               to
               make
               any
               such
               suit
               ;
               where
               any
               overture
               of
               promise
               to
               have
               it
               granted
               ?
               what
               is
               their
               prayer
               with
               out
               faith
               ?
               and
               what
               is
               their
               faith
               without
               a
               word
               ?
               But
               I
               leave
               these
               men
               (
               together
               with
               their
               Crosses
               ,
               and
               Ceremonies
               ,
               and
               holy
               reliques
               ,
               wherein
               they
               put
               great
               trust
               in
               these
               cases
               )
               to
               their
               better
               informed
               thoughts
               .
               God
               open
               their
               eyes
               that
               they
               may
               see
               their
               errors
               .
            
             
               For
               us
               ,
               what
               our
               demeanour
               should
               be
               in
               case
               of
               the
               appearance
               ,
               or
               molestation
               of
               evill
               spirits
               ,
               we
               cannot
               desire
               a
               better
               patterne
               than
               S.
               Paul
               ;
               his
               example
               is
               our
               all-sufficient
               instruction
               ,
               
                 2
                 Cor.
                 12.
                 7
                 ,
                 8.
              
               who
               when
               the
               messenger
               of
               Satan
               was
               sent
               to
               
               buffet
               him
               ,
               fell
               presently
               to
               his
               prayers
               ;
               and
               instantly
               besought
               God
               thrice
               ,
               that
               it
               might
               depart
               from
               him
               .
               Lo
               he
               that
               could
               command
               evill
               spirits
               out
               of
               the
               bodily
               possession
               of
               others
               ;
               when
               it
               comes
               to
               his
               own
               turne
               to
               be
               buffeted
               by
               them
               ,
               betakes
               himselfe
               to
               his
               prayers
               to
               that
               God
               ,
               whose
               grace
               was
               sufficient
               for
               him
               :
               
                 Verse
                 9.
              
               
               To
               them
               must
               we
               still
               have
               our
               recourse
               ;
               if
               wee
               thus
               resist
               the
               Devil
               he
               shall
               flee
               from
               us
               :
               
                 Iam.
                 4.
                 7.
              
               
               In
               the
               Primitive
               times
               ,
               those
               that
               could
               command
               ,
               needed
               not
               to
               sue
               :
               &
               therefore
               fasting
               and
               prayers
               ,
               was
               an
               higher
               (
               as
               a
               more
               laborious
               )
               work
               (
               to
               this
               purpose
               )
               in
               the
               Disciples
               ,
               than
               their
               imperative
               course
               of
               ejection
               ;
               but
               for
               us
               ,
               we
               that
               have
               no
               power
               to
               bid
               ,
               must
               pray
               ;
               Pray
               ,
               not
               to
               those
               ill
               guests
               that
               they
               would
               depart
               ;
               not
               to
               the
               blessed
               Virgin
               ,
               or
               our
               Angel-Keeper
               that
               they
               would
               gard
               us
               from
               them
               ,
               but
               to
               the
               great
               God
               of
               heaven
               ,
               
               who
               commands
               them
               to
               their
               chains
               :
               This
               is
               a
               sure
               and
               everlasting
               remedy
               ,
               this
               is
               the
               onely
               certaine
               way
               to
               their
               foile
               ,
               and
               our
               deliverance
               ,
               and
               victory
               .
            
          
           
             
               CASE
               II.
               
            
             
               How
               farre
               a
               secret
               pact
               with
               evill
               spirits
               doth
               extend
               ,
               and
               what
               actions
               and
               events
               must
               be
               referred
               thereunto
               .
            
             
               IT
               is
               a
               question
               of
               exceeding
               great
               use
               ,
               and
               necessity
               ,
               for
               certainly
               many
               thousands
               of
               honest
               ,
               and
               well-minded
               Christians
               are
               in
               this
               kinde
               drawne
               into
               the
               snares
               of
               Satan
               ,
               unwarily
               ,
               and
               unwittingly
               :
               For
               the
               determining
               of
               it
               ,
               these
               two
               grounds
               must
               be
               laid
               ;
               First
               ,
               that
               there
               is
               a
               double
               compact
               with
               Satan
               ;
               One
               direct
               and
               open
               ,
               wherein
               Magicians
               and
               Witches
               ,
               upon
               wofull
               conditions
               
               and
               direfull
               ceremonies
               ,
               enter
               into
               a
               mutuall
               covenant
               with
               evill
               spirits
               :
               The
               other
               ,
               secret
               and
               indirect
               ,
               where
               in
               nothing
               is
               seen
               ,
               or
               heard
               ,
               or
               known
               to
               be
               agreed
               upon
               ;
               onely
               by
               a
               close
               implication
               ,
               that
               is
               suggested
               and
               yeilded
               to
               be
               done
               ,
               which
               is
               invisibly
               seconded
               by
               diabolicall
               operation
               .
            
             
               The
               second
               ground
               is
               ,
               that
               whatsoever
               hath
               not
               a
               cause
               in
               nature
               according
               to
               Gods
               ordinary
               way
               must
               be
               wrought
               either
               by
               good
               or
               evill
               spirits
               :
               That
               it
               cannot
               bee
               supposed
               that
               good
               Angels
               should
               bee
               at
               the
               command
               of
               ignorant
               ,
               or
               vicious
               persons
               ,
               of
               either
               sexe
               ,
               to
               concurre
               with
               them
               in
               superstitious
               acts
               ,
               done
               by
               meanes
               altogether
               in
               themselves
               ineffectable
               and
               unwarrantable
               :
               and
               therefore
               that
               the
               Devill
               hath
               an
               unseene
               hand
               in
               these
               effects
               ,
               which
               hee
               marvailously
               brings
               about
               ,
               for
               the
               winning
               of
               credit
               with
               the
               world
               ,
               and
               for
               the
               obliging
               and
               engaging
               of
               his
               
               owne
               Clients
               :
               of
               this
               kinde
               there
               is
               too
               lamentably
               much
               variety
               in
               common
               experience
               :
               Take
               an
               handfull
               ,
               if
               you
               please
               ,
               out
               of
               a
               full
               sack
               :
               let
               the
               first
               be
               ,
               that
               authentick
               charme
               of
               the
               Gospell
               of
               St.
               John
               allowed
               in
               the
               parts
               of
               the
               Romish
               correspondence
               ,
               wherein
               the
               first
               verses
               of
               that
               Divine
               Gospell
               are
               singled
               out
               ,
               printed
               in
               a
               small
               roundell
               ,
               and
               sold
               to
               the
               credulous
               ignorants
               ,
               with
               this
               fond
               warrant
               ,
               that
               whosoever
               carries
               it
               about
               him
               shall
               be
               free
               from
               the
               dangers
               of
               the
               dayes
               mis-happes
               :
               The
               booke
               and
               the
               key
               ,
               the
               sive
               and
               the
               sheeres
               for
               the
               discovery
               of
               the
               Thiefe
               ;
               The
               notching
               of
               a
               stick
               with
               the
               number
               of
               the
               warts
               which
               wee
               would
               have
               removed
               ,
               the
               rubbing
               of
               them
               with
               raw
               flesh
               ,
               to
               be
               buried
               in
               a
               dunghill
               that
               they
               may
               rot
               away
               insensibly
               therewith
               ,
               or
               washing
               the
               part
               in
               moon-shine
               for
               that
               purpose
               :
               words
               ,
               and
               characters
               ,
               of
               no
               signification
               ,
               
               or
               ordinary
               forme
               ,
               for
               the
               curing
               of
               diseases
               in
               man
               ,
               or
               beast
               ,
               more
               than
               too
               many
               whereof
               we
               find
               in
               
                 Cornelius
                 Agrippa
              
               ,
               and
               Paracelsus
               .
            
             
               Formes
               of
               words
               and
               figures
               for
               the
               stanching
               of
               blood
               ,
               for
               the
               pulling
               out
               of
               thornes
               ,
               for
               easing
               paine
               ,
               for
               remedying
               the
               biting
               of
               a
               mad
               dog
               .
            
             
               Amulets
               made
               up
               of
               Reliques
               ,
               with
               certaine
               letters
               and
               crosses
               ,
               to
               make
               him
               that
               weares
               them
               invulnerable
               ,
            
             
               Whistling
               for
               a
               winde
               wherewith
               to
               winnow
               ;
               as
               it
               is
               done
               in
               some
               ignorant
               parts
               of
               the
               west
               .
            
             
               The
               use
               of
               an
               holed
               flint
               ,
               hanged
               up
               on
               the
               rack
               ,
               or
               beds
               head
               ,
               for
               the
               prevention
               of
               the
               night-mare
               in
               man
               ,
               or
               beast
               .
            
             
               The
               judging
               by
               the
               letters
               of
               the
               names
               of
               men
               or
               women
               ,
               of
               their
               fortunes
               ,
               as
               they
               call
               them
               ,
               according
               
               to
               the
               serious
               fopperies
               of
               Arcandam
               .
            
             
               The
               seventh
               Sonne
               's
               laying
               on
               of
               hands
               for
               the
               healing
               of
               diseases
               ;
               The
               putting
               of
               a
               verse
               out
               of
               the
               Psalmes
               into
               the
               vessell
               to
               keep
               the
               wine
               from
               sowring
               ;
               The
               repeating
               of
               a
               verse
               out
               of
               Virgil
               to
               preserve
               a
               man
               from
               drunkennesse
               all
               that
               day
               following
               ,
               Images
               astronomically
               framed
               under
               certaine
               constellations
               1
               to
               preserve
               from
               severall
               inconveniences
               ,
               as
               under
               the
               signe
               of
               the
               Lion
               the
               figure
               of
               a
               Lion
               made
               in
               gold
               ,
               against
               melancholick
               fancies
               ,
               dropsie
               ,
               plague
               ,
               fevers
               :
               which
               Lessius
               might
               well
               marvell
               how
               Cajetan
               could
               offer
               to
               defend
               ;
               when
               all
               the
               world
               knowes
               how
               little
               proportion
               and
               correspondence
               there
               is
               betwixt
               those
               imaginary
               signes
               in
               Heaven
               ,
               and
               these
               reall
               creatures
               on
               Earth
               .
            
             
               Judiciary
               Astrology
               ,
               as
               it
               is
               commonly
               practised
               ,
               whether
               for
               the
               
               casting
               of
               nativities
               ,
               prediction
               of
               voluntary
               ,
               or
               civill
               events
               ,
               or
               the
               discovery
               of
               things
               stolne
               or
               lost
               :
               for
               ,
               as
               the
               naturall
               Astrology
               ,
               when
               it
               keeps
               it selfe
               within
               its
               due
               bounds
               is
               lawfull
               ,
               and
               commendable
               ,
               (
               although
               not
               without
               much
               uncertainty
               of
               issue
               ;
               )
               so
               that
               other
               Calculatory
               ,
               or
               figure
               casting
               Astrology
               is
               presumptuous
               and
               unwarrantable
               ;
               cryed
               ever
               downe
               by
               Councells
               and
               Fathers
               ,
               as
               unlawfull
               ;
               as
               that
               which
               lies
               in
               the
               mid-way
               betwixt
               magick
               ,
               and
               imposture
               ,
               and
               partakes
               not
               a
               little
               of
               both
               .
            
             
               The
               anointing
               of
               the
               weapon
               for
               the
               healing
               of
               the
               wound
               ,
               though
               many
               miles
               distant
               ;
               wherein
               how
               confident
               soever
               some
               intelligent
               men
               have
               beene
               )
               doubtlesse
               there
               can
               be
               nothing
               of
               nature
               ,
               sith
               in
               all
               naturall
               agences
               ,
               there
               must
               necessarily
               be
               a
               contraction
               either
               reall
               ,
               or
               virtuall
               ;
               here
               in
               such
               an
               intervall
               ,
               none
               can
               
               bee
               :
               neither
               can
               the
               efficacy
               bee
               ascribed
               to
               the
               salve
               ;
               since
               some
               others
               have
               undertaken
               and
               done
               the
               cure
               ,
               by
               a
               more
               homely
               and
               familiar
               ointment
               ;
               It
               is
               the
               ill-bestowed
               faith
               of
               the
               agent
               that
               draws
               on
               the
               successe
               from
               the
               hand
               of
               an
               invisible
               Physitian
               .
            
             
               Calming
               of
               tempests
               ,
               and
               driving
               away
               devills
               by
               ringing
               of
               bells
               ,
               hallowed
               for
               that
               purpose
               .
            
             
               Remedy
               of
               witcheries
               ,
               by
               heating
               of
               Irons
               ,
               or
               applying
               of
               Crosses
               .
               I
               could
               cloy
               you
               with
               instances
               of
               this
               kinde
               ,
               wherewith
               Satan
               beguiles
               the
               simple
               upon
               these
               two
               mis-grounded
               principles
               ;
               1.
               
               That
               in
               all
               experience
               they
               have
               found
               such
               effects
               following
               upon
               the
               use
               and
               practise
               of
               such
               meanes
               ;
               which
               indeed
               cannot
               be
               denyed
               :
               Charms
               and
               Spels
               commonly
               are
               no
               lesse
               unfailing
               in
               their
               working
               ,
               than
               the
               best
               naturall
               remedies
               ;
               doubtlesse
               ,
               the
               Devill
               is
               a
               most
               skilfull
               
               Artist
               :
               and
               can
               do
               feats
               beyond
               all
               mortall
               powers
               ;
               but
               God
               blesse
               us
               from
               imploying
               him
               :
               2
               
                 King.
                 1.
                 3.
              
               
               Is
               it
               not
               because
               there
               is
               not
               a
               God
               in
               Israel
               that
               we
               goe
               to
               enquire
               of
               Baal-zebub
               the
               God
               of
               Ekron
               ?
            
             
               2.
               
               That
               there
               may
               be
               hidden
               causes
               in
               nature
               for
               the
               producing
               of
               such
               effects
               ,
               which
               they
               know
               not
               ;
               neither
               can
               give
               any
               reason
               of
               their
               operations
               ,
               whereof
               yet
               we
               doe
               commonly
               make
               use
               ,
               without
               any
               scruple
               ;
               and
               why
               may
               not
               these
               be
               ranged
               under
               the
               same
               head
               ?
               which
               they
               have
               used
               with
               no
               other
               but
               good
               meaning
               ,
               without
               the
               least
               intention
               of
               reference
               to
               any
               malignant
               powers
               ;
               In
               answer
               whereto
               ,
               I
               must
               tell
               them
               ,
               that
               their
               best
               plea
               is
               ignorance
               ,
               which
               may
               abate
               the
               sinne
               ,
               but
               not
               excuse
               it
               :
               There
               are
               indeed
               ,
               deep
               secrets
               in
               nature
               ,
               whose
               bottome
               we
               cannot
               dive
               into
               ,
               as
               those
               wonders
               of
               the
               load-stone
               ;
               a
               piece
               outwardly
               
               contemptible
               ,
               yet
               of
               such
               force
               as
               approacheth
               neare
               to
               a
               miracle
               :
               and
               many
               other
               strange
               sympathies
               and
               antipathies
               in
               severall
               creatures
               ;
               in
               which
               ranke
               may
               be
               set
               the
               bleeding
               of
               the
               dead
               at
               the
               presence
               of
               the
               murtherer
               :
               and
               some
               acts
               done
               for
               the
               discovery
               of
               witchcraft
               both
               in
               this
               ,
               and
               our
               neighbor
               kingdome
               ;
               But
               withall
               ,
               though
               there
               be
               secrets
               in
               nature
               which
               we
               know
               not
               how
               she
               works
               ;
               yet
               we
               know
               there
               are
               works
               which
               are
               well
               knowne
               ,
               that
               she
               cannot
               doe
               :
               how
               far
               her
               power
               can
               extend
               is
               not
               hard
               to
               determine
               :
               and
               those
               effects
               which
               are
               beyond
               this
               ,
               (
               as
               in
               the
               forementioned
               particulars
               )
               we
               know
               whither
               to
               ascribe
               :
               Let
               it
               be
               therefore
               the
               care
               and
               wisdome
               of
               Christians
               to
               looke
               upon
               what
               grounds
               they
               goe
               :
               whiles
               they
               have
               God
               ,
               and
               nature
               for
               their
               warrant
               ,
               they
               may
               walke
               safely
               ;
               but
               where
               these
               leave
               them
               ,
               the
               way
               
               leades
               downe
               to
               the
               Chambers
               of
               death
               ,
            
          
           
             
               CASE
               III.
               
            
             
               Whether
               reserving
               my
               conscience
               to
               my self
               ,
               I
               may
               be
               present
               at
               an
               Idolatrous
               devotion
               ;
               or
               whether
               in
               the
               lawfull
               service
               of
               God
               I
               may
               communicate
               with
               wicked
               persons
               .
            
             
               THe
               question
               is
               double
               :
               both
               of
               them
               of
               great
               importance
               ;
               The
               former
               I
               must
               answer
               negatively
               ,
               your
               presence
               is
               unlawfull
               upon
               a
               double
               ground
               ;
               of
               sinne
               ,
               and
               of
               scandall
               :
               of
               sin
               ,
               if
               you
               partake
               in
               the
               Idolatry
               ;
               of
               scandall
               ,
               if
               you
               doe
               but
               seeme
               to
               partake
               :
               The
               scandall
               is
               three-fold
               ;
               you
               confirm
               the
               offenders
               in
               their
               sin
               ,
               you
               draw
               others
               by
               your
               example
               into
               sin
               ,
               you
               grieve
               the
               spirits
               of
               those
               wiser
               Christians
               ,
               that
               are
               the
               sad
               witnesses
               of
               your
               offence
               .
               
               The
               great
               Apostle
               of
               the
               Gentiles
               
                 (
                 1
                 Cor.
                 8.
                 4
                 ,
                 5
                 ,
                 6
                 ,
                 7
                 ,
                 8
                 ,
                 9
                 ,
                 10.
                 )
              
               hath
               fully
               determined
               the
               question
               in
               a
               more
               favourable
               case
               :
               the
               heathen
               sacrifices
               were
               wont
               to
               be
               accompanied
               (
               in
               imitation
               of
               the
               Jewish
               ,
               prescribed
               by
               God
               himselfe
               )
               with
               feastes
               ;
               the
               owners
               of
               the
               feast
               civilly
               invite
               the
               Neighbours
               (
               though
               Christians
               )
               to
               the
               banquets
               ;
               The
               Tables
               are
               spread
               in
               their
               Temples
               ;
               The
               Christian
               guests
               ,
               out
               of
               a
               neighbourly
               society
               ,
               goe
               ,
               sit
               ,
               eate
               with
               them
               :
               S.
               Paul
               cries
               downe
               the
               practice
               ,
               as
               utterly
               unlawfull
               :
               yet
               this
               was
               but
               in
               matter
               of
               meat
               ;
               which
               sure
               was
               Gods
               ,
               though
               sacrificed
               to
               an
               Idoll
               ;
               how
               much
               more
               must
               it
               hold
               in
               rites
               and
               devices
               ,
               meerely
               ,
               either
               humane
               ,
               or
               devilish
               ?
            
             
               I
               need
               not
               tell
               you
               of
               the
               Christian
               Souldiers
               in
               the
               Primitive
               Persecution
               ,
               who
               when
               they
               found
               themselves
               by
               an
               ignorant
               mistaking
               drawne
               ,
               
               under
               a
               pretence
               of
               loyalty
               ,
               into
               so
               much
               ceremony
               as
               might
               carry
               some
               semblance
               of
               an
               Idolatrous
               thurification
               ,
               ranne
               about
               the
               City
               in
               an
               holy
               remorse
               ,
               and
               proclaimes
               themselves
               to
               be
               Christians
               :
               Nor
               how
               little
               it
               excused
               Marcellinus
               Bishop
               of
               Rome
               from
               an
               heavy
               censure
               ,
               that
               he
               could
               say
               he
               did
               but
               for
               company
               cast
               a
               few
               graines
               of
               incense
               into
               the
               fire
               .
               The
               charge
               of
               the
               Apostle
               
                 (
                 1
                 Thes.
                 5.
                 22.
                 
                 )
              
               is
               full
               ,
               and
               peremptory
               ,
               that
               we
               should
               abstaine
               from
               every
               appearance
               of
               evill
               .
            
             
               It
               is
               a
               poore
               plea
               that
               you
               mention
               of
               the
               example
               of
               Naaman
               .
               Alas
               ,
               an
               ignorant
               Pagan
               !
               whose
               body
               if
               it
               were
               washed
               from
               his
               leprosie
               ,
               yet
               his
               soule
               must
               needes
               be
               still
               foule
               :
               
                 2
                 Kings
                 5.
                 17
                 ,
                 18
                 ,
                 19.
              
               yet
               even
               this
               man
               will
               thenceforth
               offer
               neither
               burnt-offering
               ,
               nor
               sacrifice
               unto
               any
               other
               God
               ,
               but
               unto
               the
               Lord
               ,
               nor
               upon
               any
               ground
               but
               the
               Lords
               peculiar
               ;
               
               and
               will
               therefore
               lade
               two
               Mules
               with
               Israelitish
               earth
               ;
               and
               is
               now
               a
               professed
               convert
               :
               Yea
               ,
               but
               he
               will
               still
               bow
               in
               the
               Temple
               of
               Rimmon
               :
               But
               how
               will
               he
               bow
               ?
               Civilly
               onely
               ,
               not
               religiously
               ;
               In
               the
               house
               of
               Rimmon
               ,
               not
               to
               the
               Idoll
               ;
               Not
               in
               relation
               to
               the
               false
               deity
               ,
               but
               to
               the
               King
               his
               Master
               :
               you
               shall
               not
               take
               him
               going
               alone
               under
               that
               Idolatrous
               roofe
               ,
               but
               according
               to
               his
               office
               ,
               in
               attendance
               of
               his
               Soveraigne
               :
               nor
               bowing
               there
               ,
               but
               to
               support
               the
               arme
               that
               lean'd
               upon
               him
               :
               And
               if
               upon
               his
               returne
               home
               from
               his
               journey
               he
               made
               that
               solemne
               protestation
               to
               his
               Syrians
               ,
               which
               he
               before
               made
               to
               the
               Prophet
               :
               Take
               notice
               ,
               O
               all
               ye
               Courtiers
               ,
               and
               men
               of
               Damascus
               ,
               that
               Naaman
               is
               now
               become
               a
               Proselyte
               of
               Israell
               ,
               that
               hee
               will
               serve
               and
               adore
               none
               but
               the
               true
               God
               ;
               and
               if
               you
               see
               him
               at
               any
               time
               kneeling
               in
               the
               Temple
               of
               your
               Idoll
               
               Rimmon
               ,
               know
               that
               it
               is
               not
               done
               in
               any
               devotion
               to
               that
               false
               God
               ,
               but
               in
               the
               performance
               of
               his
               duty
               and
               service
               to
               his
               royall
               Master
               ;
               I
               see
               not
               but
               the
               Prophet
               might
               well
               bid
               him
               ,
               
                 Goe
                 in
                 Peace
              
               .
               How
               ever
               that
               ordinary
               and
               formall
               velediction
               to
               a
               Syrian
               ,
               can
               be
               no
               warrant
               for
               a
               Christians
               willing
               dissimulation
               .
            
             
               It
               is
               fit
               for
               every
               honest
               man
               to
               seeme
               as
               he
               is
               ;
               what
               do
               you
               howling
               amongst
               Wolves
               ,
               if
               you
               be
               not
               one
               ?
               Or
               what
               do
               you
               amongst
               the
               Cranes
               ,
               if
               you
               be
               a
               Stork
               :
               It
               was
               the
               charge
               of
               Jehu
               ,
               when
               he
               pretended
               that
               great
               sacrifice
               to
               Baal
               ;
               Search
               ,
               and
               looke
               that
               there
               be
               here
               with
               you
               none
               of
               the
               servants
               of
               the
               Lord
               ,
               
                 (
                 2
                 King.
                 10.
                 23.
                 
                 )
              
               but
               the
               worshippers
               of
               Baal
               onely
               :
               surely
               had
               any
               of
               Gods
               Clients
               secretly
               shrouded
               himselfe
               amongst
               those
               Idolaters
               ,
               his
               blood
               had
               beene
               upon
               his
               owne
               head
               :
               Briefly
               then
               ,
               i●
               you
               have
               a
               minde
               to
               keepe
               your selfe
               
               in
               a
               safe
               condition
               for
               your
               soule
               ,
               let
               me
               lay
               upon
               you
               the
               charge
               which
               Moses
               enforced
               upon
               the
               congregation
               of
               Israel
               in
               the
               case
               of
               Corah's
               insurrection
               ,
               
                 Depart
                 I
                 pray
                 you
                 from
                 the
                 tents
                 of
                 these
                 wicked
                 men
                 ,
                 and
                 touch
                 nothing
                 of
                 theirs
                 ,
                 lest
                 ye
                 be
                 consumed
                 in
                 all
                 their
                 sins
                 .
              
               Numb
               .
               16.
               26.
               
            
             
               The
               latter
               I
               must
               answer
               affirmatively
               :
               If
               the
               Ordinances
               be
               holy
               ,
               why
               should
               you
               not
               take
               your
               part
               of
               them
               ?
            
             
               It
               is
               an
               unjust
               nicenesse
               to
               abridge
               your selfe
               of
               a
               blessing
               ,
               for
               another
               mans
               unworthinesse
               :
               Doubtless
               ,
               there
               ought
               to
               be
               a
               separation
               of
               the
               precious
               from
               the
               vile
               ;
               the
               neglect
               whereof
               is
               the
               great
               sinne
               of
               those
               ,
               whom
               in
               duty
               it
               concernes
               to
               perform
               it
               ;
               but
               where
               this
               is
               not
               accordingly
               done
               ,
               shall
               I
               suffer
               for
               anothers
               offence
               ?
               my
               owne
               sinnes
               may
               justly
               keepe
               me
               off
               from
               Gods
               Table
               ;
               if
               another
               mans
               may
               doe
               so
               too
               ,
               I
               appropriate
               
               the
               guilt
               of
               his
               sin
               to
               my
               own
               wrong
               :
               surely
               it
               argues
               but
               small
               appetite
               to
               these
               heavenly
               viandes
               ,
               if
               you
               can
               be
               put
               off
               with
               a
               pretence
               of
               others
               faults
               :
               Judge
               of
               the
               spirituall
               repast
               by
               this
               earthly
               ;
               were
               you
               throughly
               hungry
               ,
               would
               you
               refraine
               from
               your
               meat
               because
               one
               of
               the
               guests
               hath
               a
               paire
               of
               foule
               hands
               ?
               that
               may
               be
               a
               just
               eye-sore
               to
               you
               ,
               but
               no
               reason
               why
               you
               should
               forbeare
               wholesome
               dishes
               :
               Carve
               you
               for
               your selfe
               ,
               and
               looke
               to
               your
               owne
               trencher
               ,
               he
               feedes
               for
               himselfe
               ,
               not
               for
               you
               ;
               sinne
               is
               the
               uncleannesse
               of
               the
               soule
               ,
               that
               cleaves
               closer
               to
               it
               ,
               than
               any
               outward
               nastinesse
               can
               to
               the
               skin
               ;
               to
               feed
               thus
               foule
               then
               is
               doubtlesse
               unwholesome
               ,
               to
               himselfe
               ,
               it
               can
               be
               no
               hurt
               to
               you
               .
               But
               you
               are
               ready
               to
               straine
               the
               comparison
               higher
               to
               your
               owne
               advantage
               :
               say
               ,
               that
               one
               of
               the
               guests
               hath
               a
               plague-fore
               running
               upon
               him
               ,
               shall
               I
               then
               thinke
               it
               
               safe
               to
               sit
               at
               the
               Table
               with
               him
               ?
               now
               sin
               is
               of
               a
               pestilent
               nature
               ,
               spreading
               its
               infection
               to
               others
               besides
               its
               owne
               subject
               ;
               therefore
               it
               is
               meet
               we
               keepe
               aloofe
               from
               the
               danger
               of
               his
               contagion
               :
               True
               ,
               there
               are
               sinnes
               of
               a
               contagious
               nature
               ,
               apt
               to
               diffuse
               their
               venome
               to
               others
               ,
               (
               as
               there
               are
               other
               some
               whose
               evill
               is
               intrinsecall
               to
               the
               owner
               )
               but
               these
               infect
               by
               way
               of
               evill
               counsails
               ,
               or
               examples
               ,
               or
               familiar
               conversation
               ,
               not
               by
               way
               of
               a
               meere
               extemporary
               presence
               of
               the
               person
               ,
               by
               spreading
               of
               their
               corruption
               to
               those
               that
               are
               taken
               with
               them
               ;
               not
               by
               scattering
               abroad
               any
               guilt
               to
               those
               that
               abhorr
               them
               .
               Well
               did
               our
               Saviour
               know
               how
               deadly
               an
               infection
               had
               seised
               on
               the
               soule
               of
               Judas
               ,
               yet
               he
               drives
               him
               not
               from
               his
               board
               ,
               lest
               his
               sinne
               should
               taint
               the
               Disciples
               .
            
             
               The
               spirit
               that
               writes
               to
               the
               seven
               Asian
               Churches
               
                 (
                 Rev.
                 2.
                 20
                 ,
                 21
                 ,
                 22.
                 )
              
               
               saw
               and
               professed
               to
               see
               the
               horrible
               infection
               spread
               amongst
               the
               Thyatirians
               by
               the
               doctrine
               and
               wicked
               practises
               of
               their
               Jesebell
               ,
               yet
               all
               that
               he
               enjoyns
               the
               godly
               party
               is
               to
               hold
               their
               own
               .
            
             
               
                 Have
                 no
                 fellowship
              
               ,
               saith
               the
               Apostle
               
                 with
                 the
                 unfruitfull
                 works
                 of
                 darknesse
                 ,
                 (
                 Eph.
                 5.
                 11.
                 )
              
               Loe
               he
               would
               not
               have
               us
               partake
               in
               evill
               :
               he
               doth
               not
               forbid
               us
               to
               partake
               with
               an
               evil
               man
               in
               good
               works
               .
            
             
               However
               therefore
               we
               are
               to
               wish
               and
               endeavour
               (
               in
               our
               places
               )
               that
               all
               the
               Congregation
               may
               be
               holy
               ;
               and
               it
               is
               a
               comfortable
               thing
               to
               joyn
               with
               those
               ,
               that
               are
               truly
               conscionable
               ,
               and
               carefully
               observant
               of
               their
               wayes
               ,
               in
               the
               immediate
               services
               of
               our
               God
               :
               yet
               where
               there
               is
               neglect
               in
               the
               overseers
               ,
               and
               boldnesse
               in
               the
               intruders
               ,
               and
               thereupon
               ,
               Gods
               sacred
               Table
               is
               pestred
               with
               some
               unworthy
               Guests
               ;
               it
               is
               not
               for
               you
               ,
               upon
               this
               ground
               ,
               
               to
               deprive
               your selfe
               of
               the
               benefit
               of
               Gods
               blessed
               Ordinances
               ;
               notwithstanding
               all
               this
               unpleasing
               encombrance
               you
               are
               welcome
               ,
               and
               may
               be
               happy
               .
            
          
           
             
               CASE
               IV.
               
            
             
               Whether
               vowes
               bee
               not
               out
               of
               season
               now
               under
               the
               Gospel
               ;
               of
               what
               things
               they
               may
               be
               made
               ;
               how
               farre
               they
               oblige
               us
               ;
               and
               whether
               and
               how
               far
               they
               may
               be
               capable
               of
               release
               .
            
             
               IT
               is
               a
               wrongfull
               imputation
               that
               is
               cast
               upon
               us
               by
               the
               Roman
               Doctours
               ,
               that
               we
               abandone
               all
               vowes
               under
               the
               Gospell
               :
               They
               well
               see
               that
               we
               allow
               and
               professe
               that
               common
               vow
               (
               as
               Lessius
               termes
               it
               )
               in
               Baptisme
               ;
               which
               yet
               both
               Bellarmine
               ,
               and
               he
               ,
               with
               other
               of
               their
               consorts
               ,
               deny
               to
               be
               properly
               such
               :
               It
               is
               true
               ,
               that
               as
               infants
               make
               it
               by
               their
               
               proxies
               ,
               there
               may
               seeme
               some
               impropriety
               of
               the
               engagement
               as
               to
               their
               persons
               ;
               but
               if
               the
               party
               Christened
               be
               of
               mature
               age
               ,
               the
               expresse
               vow
               is
               made
               absolutely
               by
               ,
               and
               for
               himselfe
               .
               Besides
               this
               ,
               we
               allow
               of
               the
               renovation
               of
               all
               those
               holy
               vowes
               ,
               (
               relating
               to
               the
               first
               )
               which
               may
               binde
               us
               to
               a
               more
               strict
               obedience
               to
               our
               God
               ,
               yet
               more
               ,
               though
               we
               doe
               not
               now
               allow
               the
               vowes
               of
               things
               in
               their
               nature
               indiffernt
               ,
               to
               be
               parts
               of
               Gods
               worship
               ,
               (
               as
               they
               were
               formerly
               under
               the
               law
               )
               yet
               we
               doe
               willingly
               approve
               of
               them
               ,
               as
               good
               helps
               and
               furtherances
               to
               us
               ,
               for
               the
               avoiding
               of
               such
               sinnes
               as
               we
               are
               obnoxious
               unto
               ;
               and
               for
               the
               better
               forwarding
               of
               our
               holy
               obedience
               .
            
             
               Thus
               ,
               the
               charge
               is
               of
               eternall
               use
               ,
               Psal.
               76.
               11.
               
               
                 Vow
                 unto
                 God
                 and
                 performe
                 it
                 :
              
               Not
               that
               we
               are
               bound
               to
               vow
               ;
               that
               act
               is
               free
               and
               voluntary
               :
               
               but
               that
               when
               we
               have
               vowed
               ,
               we
               are
               straitly
               bound
               to
               performance
               :
               It
               is
               with
               us
               for
               our
               vowes
               as
               it
               was
               with
               Ananias
               and
               Saphira
               for
               their
               substance
               .
               Whiles
               it
               remained
               (
               saith
               S.
               Peter
               )
               was
               it
               not
               thine
               own
               ?
               
                 (
                 Acts
                 5.
                 4.
              
               )
               Hee
               needed
               not
               to
               sell
               it
               ,
               he
               needed
               not
               to
               give
               it
               ;
               but
               if
               he
               will
               give
               ,
               he
               may
               not
               reserve
               :
               If
               he
               profess
               to
               give
               all
               ,
               it
               is
               death
               to
               save
               some
               ;
               he
               lies
               to
               the
               holy
               Ghost
               ,
               that
               defalks
               from
               that
               which
               he
               engaged
               himselfe
               to
               bestow
               .
            
             
               It
               mainly
               concernes
               us
               therefore
               to
               looke
               carefully
               in
               the
               first
               place
               ,
               to
               what
               we
               vow
               ,
               and
               to
               our
               intentions
               in
               vowing
               ,
               and
               to
               see
               that
               our
               vow
               be
               not
               rash
               and
               unadvised
               ,
               of
               things
               either
               triviall
               ,
               or
               unlawfull
               ,
               or
               impossible
               ,
               or
               out
               of
               our
               power
               to
               performe
               ;
               for
               every
               Vow
               is
               a
               Promise
               made
               to
               God
               ;
               and
               to
               promise
               unto
               that
               great
               and
               holy
               God
               ,
               that
               which
               either
               we
               cannot
               ,
               or
               ought
               not
               to
               doe
               ,
               
               what
               is
               it
               other
               than
               to
               mock
               and
               abuse
               that
               Sacred
               Majesty
               ,
               which
               will
               not
               hold
               him
               guiltlesse
               that
               taketh
               his
               name
               in
               vaine
               ?
               It
               is
               the
               charge
               to
               this
               purpose
               of
               wise
               
                 Solomon
                 ,
                 Be
                 not
                 rash
                 with
                 thy
                 mouth
                 ,
                 and
                 let
                 not
                 thine
                 heart
                 be
                 hasty
                 to
                 utter
                 any
                 thing
                 before
                 God
                 ,
                 for
                 God
                 is
                 in
                 heaven
                 ,
                 and
                 thou
                 upon
                 earth
                 ,
                 therefore
                 let
                 thy
                 words
                 be
                 few
                 ,
              
               Eccles.
               5.
               2.
               
            
             
               Your
               vow
               therefore
               must
               be
               either
               of
               things
               morally
               good
               ,
               for
               the
               quickening
               you
               in
               that
               duty
               which
               you
               are
               bound
               to
               doe
               :
               or
               of
               things
               indifferent
               in
               themselves
               ,
               the
               refraining
               ,
               or
               doing
               whereof
               ,
               may
               tend
               either
               to
               the
               restraint
               from
               sinne
               ,
               or
               the
               furtherance
               of
               your
               holy
               obedience
               :
               As
               a
               man
               that
               findes
               his
               brains
               weak
               ,
               and
               his
               inclination
               too
               strong
               to
               pleasing
               liquor
               ,
               bindes
               himselfe
               by
               a
               vow
               to
               drinke
               no
               wine
               save
               onely
               at
               Gods
               Table
               :
               or
               a
               man
               that
               findes
               himselfe
               apt
               to
               be
               miscarryed
               by
               his
               appetite
               ,
               
               confines
               himselfe
               by
               his
               vow
               to
               one
               dish
               ,
               or
               to
               one
               meale
               for
               the
               day
               :
               or
               a
               man
               that
               findes
               himself
               given
               to
               the
               pleasure
               of
               gaming
               ,
               to
               the
               losse
               of
               his
               time
               ,
               and
               the
               weakning
               of
               his
               estate
               ,
               curbes
               himselfe
               by
               his
               vow
               never
               to
               play
               for
               money
               :
               or
               a
               man
               that
               findes
               his
               prayers
               weak
               ,
               and
               his
               flesh
               rebellious
               ,
               vowes
               to
               tame
               his
               unruly
               desires
               ,
               and
               to
               stir
               up
               his
               duller
               devotions
               by
               fasting
               .
            
             
               And
               as
               the
               matter
               of
               your
               vow
               must
               be
               carefully
               regarded
               ;
               so
               also
               your
               intentions
               in
               vowing
               ;
               for
               if
               you
               vow
               to
               doe
               good
               to
               an
               ill
               end
               ,
               your
               thanke
               is
               lost
               ,
               and
               danger
               of
               judgement
               incurred
               :
               as
               if
               you
               vow
               to
               give
               almes
               for
               vaine-glory
               ,
               or
               ostentation
               :
               or
               ,
               if
               God
               shall
               prosper
               your
               usurious
               ,
               or
               monopolizing
               project
               ,
               you
               will
               build
               an
               hospitall
               ;
               your
               vow
               is
               like
               to
               be
               so
               accepted
               ,
               as
               the
               story
               tells
               us
               ,
               the
               prayers
               were
               ,
               of
               that
               bold
               Curtizan
               ,
               who
               coming
               to
               the
               shrine
               
               of
               S.
               Thomas
               of
               *
               Canterbury
               (
               as
               that
               traitour
               was
               stiled
               )
               devoutly
               beg'd
               ,
               that
               through
               the
               intercession
               of
               that
               Saint
               ,
               she
               might
               be
               graced
               with
               so
               winning
               a
               beauty
               ,
               that
               might
               allure
               her
               paramours
               to
               a
               gainfull
               courting
               of
               so
               pleasing
               a
               Mistresse
               ,
               when
               suddainly
               (
               as
               my
               author
               tells
               me
               )
               she
               was
               stricken
               blinde
               :
               and
               certainely
               ,
               so
               it
               might
               well
               be
               ;
               for
               if
               a
               supposed
               Saint
               were
               invoked
               ,
               it
               was
               God
               that
               was
               highly
               provoked
               by
               the
               sinfull
               petition
               of
               a
               shamelesse
               harlot
               :
               and
               it
               was
               most
               just
               for
               him
               to
               revenge
               it
               ;
               and
               so
               we
               may
               well
               expect
               it
               shall
               be
               with
               whosoever
               shall
               dare
               to
               make
               use
               of
               his
               sacred
               name
               to
               their
               owne
               wicked
               or
               unwarrantable
               purposes
               .
            
             
               Since
               therefore
               our
               vowes
               must
               be
               for
               their
               matter
               (
               as
               Casuists
               well
               determine
               )
               
                 De
                 meliore
                 bono
              
               ,
               and
               for
               intentions
               ,
               holy
               and
               directed
               onely
               to
               good
               ;
               it
               plainly
               appeares
               that
               many
               
               idle
               purposes
               ,
               promises
               ,
               resolutions
               ,
               are
               wont
               to
               passe
               with
               men
               for
               vows
               ,
               which
               have
               no
               just
               claime
               to
               that
               holy
               title
               :
               One
               sayes
               he
               vowes
               never
               to
               be
               friends
               with
               such
               a
               one
               that
               hath
               highly
               abused
               him
               ;
               another
               ,
               that
               he
               will
               never
               come
               under
               the
               roofe
               of
               such
               an
               unkinde
               neighbour
               :
               one
               that
               he
               will
               drinke
               so
               many
               healths
               to
               his
               honoured
               friend
               ;
               another
               that
               he
               will
               not
               give
               the
               wall
               or
               the
               way
               to
               any
               passenger
               :
               one
               that
               he
               will
               never
               weare
               suit
               but
               of
               such
               a
               colour
               ;
               another
               that
               he
               will
               never
               cut
               his
               haire
               till
               such
               an
               event
               ;
               These
               ,
               and
               such
               like
               may
               be
               foolish
               ,
               unjust
               ,
               ridiculous
               selfe
               engagements
               ,
               but
               vowes
               they
               are
               not
               ,
               neither
               therefore
               do
               bind
               the
               conscience
               ,
               otherwise
               than
               as
               Sampsons
               cords
               ,
               and
               withes
               ,
               which
               he
               may
               break
               as
               a
               thred
               of
               tow
               ,
               
                 Iudg.
                 16.
                 9.
                 12.
              
               
            
             
               But
               as
               for
               true
               vowes
               ,
               certainly
               they
               are
               so
               binding
               ,
               that
               you
               shall
               sin
               
               hainously
               in
               not
               performing
               them
               :
               It
               is
               not
               better
               than
               dishonesty
               to
               fail
               in
               what
               we
               have
               promised
               to
               men
               ;
               but
               to
               disappoint
               God
               in
               our
               vowes
               ,
               is
               no
               lesse
               than
               sacriledge
               :
               That
               of
               Solomons
               is
               weighty
               ,
               Eccles.
               5.
               4
               ,
               5
               ,
               6.
               
               
                 When
                 thou
                 vowest
                 a
                 vow
                 unto
                 God
                 ,
                 deferre
                 not
                 to
                 pay
                 it
                 ,
                 for
                 he
                 hath
                 no
                 pleasure
                 in
                 fooles
                 ;
                 pay
                 that
                 which
                 thou
                 hast
                 vowed
                 :
                 Better
                 it
                 is
                 that
                 thou
                 shouldst
                 not
                 vow
                 ,
                 than
                 that
                 thou
                 shouldst
                 vow
                 and
                 not
                 pay
                 it
                 :
                 Suffer
                 not
                 thy
                 mouth
                 to
                 cause
                 thy
                 flesh
                 to
                 sin
                 ,
                 neither
                 say
                 before
                 the
                 Angel
                 that
                 it
                 was
                 an
                 errour
                 ;
                 wherefore
                 should
                 God
                 be
                 angry
                 at
                 thy
                 vow
                 ,
                 and
                 destroy
                 the
                 worke
                 of
                 thine
                 hands
                 ?
              
               If
               therefore
               a
               lawfull
               and
               just
               vow
               have
               passed
               your
               lips
               ,
               you
               may
               not
               be
               false
               to
               God
               ,
               and
               your selfe
               in
               not
               keeping
               it
               .
            
             
               But
               if
               it
               shall
               so
               fall
               out
               ,
               that
               there
               proves
               to
               be
               some
               maine
               inconvenience
               or
               impossibility
               in
               the
               fulfilling
               of
               this
               your
               solemne
               promise
               unto
               
               God
               ,
               whether
               through
               the
               extreme
               prejudice
               of
               your
               health
               ,
               and
               life
               ,
               or
               the
               over-swaying
               difficulty
               of
               the
               times
               what
               is
               to
               be
               done
               ;
               surely
               as
               under
               the
               law
               
                 (
                 Numb
                 .
                 30.
                 3
                 ,
                 4
                 ,
                 5.
                 )
              
               it
               was
               left
               in
               the
               power
               of
               the
               parent
               to
               over-rule
               the
               vow
               of
               the
               childe
               ,
               so
               I
               doubt
               not
               but
               under
               the
               Gospel
               ,
               it
               is
               left
               in
               the
               power
               of
               your
               spirituall
               fathers
               ,
               to
               order
               ,
               or
               dispense
               with
               the
               performance
               of
               those
               vowes
               ,
               which
               you
               would
               ,
               but
               cannot
               well
               fulfill
               :
               neither
               was
               it
               spoken
               in
               vaine
               ,
               nor
               in
               matter
               of
               sins
               onely
               ,
               which
               our
               Saviour
               in
               way
               of
               authorization
               ,
               said
               to
               his
               Apostles
               and
               their
               successours
               ,
               
                 Whatsoever
                 ye
                 shall
                 binde
                 on
                 earth
                 ,
                 shall
                 be
                 bound
                 in
                 heaven
                 ,
                 and
                 whatsoever
                 ye
                 shall
                 loose
                 on
                 earth
                 shall
                 be
                 loosed
                 in
                 heaven
                 .
                 Mat.
                 18.
                 18
                 
              
               In
               this
               case
               therefore
               ,
               I
               should
               advise
               you
               to
               make
               your
               addresse
               to
               your
               spirituall
               pastor
               ,
               and
               freely
               to
               lay
               open
               your
               condition
               before
               him
               ,
               and
               humbly
               to
               submit
               
               your selfe
               to
               his
               fatherly
               directions
               in
               that
               course
               ,
               which
               shall
               be
               found
               best
               and
               sasest
               for
               your
               soule
               :
               Think
               it
               not
               safe
               in
               a
               businesse
               of
               so
               high
               nature
               to
               relye
               upon
               your
               owne
               judgment
               ,
               and
               to
               carve
               out
               your
               own
               satisfaction
               ;
               but
               regard
               carefully
               what
               God
               hath
               said
               of
               old
               ,
               
                 The
                 priests
                 lippes
                 should
                 keep
                 knowledge
                 :
                 and
                 they
                 should
                 seeke
                 the
                 law
                 at
                 his
                 mouth
                 :
                 for
                 he
                 is
                 the
                 messenger
                 of
                 the
                 Lord
                 of
                 hosts
                 .
              
               Mal.
               2.
               7.
               
            
          
           
             
               CASE
               V.
               
            
             
               Whom
               may
               we
               justly
               hold
               an
               Heretick
               ;
               and
               what
               is
               to
               be
               done
               in
               the
               case
               of
               Heresie
               ?
            
             
               THere
               is
               no
               one
               point
               wherein
               the
               Church
               of
               God
               hath
               suffered
               more
               ,
               than
               in
               the
               mis-understanding
               of
               this
               question
               ;
               How
               many
               thousand
               innocents
               ,
               have
               in
               these
               latter
               
               ages
               of
               the
               Church
               perished
               in
               this
               unhappy
               quarrell
               ?
               yea
               ,
               how
               many
               famous
               Churches
               have
               beene
               most
               unjustly
               thunder-struck
               with
               direfull
               censures
               of
               Excommunication
               down
               to
               the
               pit
               of
               hell
               ,
               upon
               pretence
               of
               this
               crime
               ,
               which
               have
               bin
               lesse
               guilty
               than
               their
               Anathematizers
               ?
               And
               even
               amongst
               our selves
               ,
               how
               apt
               we
               are
               to
               brand
               one
               another
               with
               this
               hatefull
               mark
               where
               there
               is
               no
               true
               merit
               of
               such
               a
               reproach
               ?
            
             
               It
               much
               imports
               us
               therefore
               to
               know
               who
               may
               be
               deservedly
               thus
               stigmatized
               by
               us
               :
               I
               have
               elsewhere
               somewhat
               largely
               insisted
               on
               this
               theme
               ;
               whither
               I
               might
               spare
               some
               lines
               to
               referre
               you
               ;
               But
               ,
               in
               short
               ,
               thus
               :
               To
               let
               passe
               the
               originall
               sense
               ,
               and
               divers
               acceptions
               of
               the
               word
               ,
               An
               heresie
               is
               no
               other
               than
               an
               obstinate
               errour
               against
               the
               foundation
               ;
               All
               truths
               are
               precious
               ,
               but
               some
               withall
               necessary
               ;
               All
               errours
               are
               
               faulty
               ,
               but
               some
               damnable
               ;
               the
               naynousnesse
               of
               the
               error
               is
               according
               to
               the
               worth
               of
               the
               truth
               impugned
               ;
               There
               are
               Theologicall
               verities
               fit
               for
               us
               to
               know
               and
               believe
               ;
               there
               are
               Articles
               of
               Christian
               faith
               needfull
               to
               be
               known
               and
               believed
               ;
               There
               are
               truths
               of
               meet
               and
               decent
               superstructure
               ,
               without
               which
               the
               fabrick
               may
               stand
               ;
               there
               are
               truths
               of
               the
               foundation
               so
               essentiall
               ,
               as
               that
               without
               them
               it
               cannot
               stand
               :
               It
               is
               a
               maime
               to
               the
               house
               if
               but
               a
               tile
               be
               pulled
               off
               from
               the
               roofe
               ,
               but
               if
               the
               foundation
               be
               razed
               ,
               the
               building
               is
               overthrown
               :
               this
               is
               the
               endeavour
               and
               act
               of
               heresie
               .
            
             
               But
               now
               the
               next
               question
               will
               be
               ,
               what
               doctrines
               they
               are
               which
               must
               be
               accounted
               to
               be
               of
               the
               Foundation
               ;
               Our
               countrey-man
               Fisher
               the
               Jesuite
               ,
               and
               his
               Associates
               wil
               tell
               you
               roundly
               ,
               that
               all
               those
               things
               ,
               which
               are
               defined
               by
               the
               Church
               to
               be
               believed
               ,
               
               are
               *
               fundamentall
               :
               A
               large
               ground-work
               of
               faith
               :
               Doubtlesse
               the
               Church
               hath
               defined
               all
               things
               contained
               in
               the
               scripture
               ,
               to
               be
               believed
               ;
               and
               theirs
               (
               which
               they
               call
               Catholick
               )
               hath
               defined
               all
               those
               Traditionall
               points
               ,
               which
               they
               have
               added
               to
               the
               Creed
               ,
               upon
               the
               same
               necessity
               of
               salvation
               to
               be
               believed
               ;
               now
               if
               all
               these
               be
               the
               foundation
               ,
               which
               is
               the
               building
               ?
               what
               an
               imperfect
               fabrick
               doe
               they
               make
               of
               Christian
               Religion
               ;
               all
               foundation
               ,
               no
               walls
               ,
               no
               roofe
               ?
               Surely
               it
               cannot
               ,
               without
               too
               much
               absurdity
               ,
               be
               denied
               ,
               that
               there
               is
               great
               difference
               of
               Truthes
               ,
               some
               more
               important
               than
               others
               ;
               which
               could
               not
               be
               ,
               if
               all
               were
               alike
               fundamentall
               :
               If
               there
               were
               not
               some
               speciall
               Truthes
               ,
               the
               beliefe
               whereof
               makes
               ,
               and
               distinguisheth
               a
               Christian
               ,
               the
               Authors
               of
               the
               Creede
               Apostolick
               (
               besides
               the
               
               other
               Symboles
               received
               anciently
               by
               the
               Church
               )
               were
               much
               deceived
               in
               their
               aime
               :
               He
               therefore
               that
               believes
               the
               holy
               Scriptures
               (
               which
               must
               be
               a
               principle
               presupposed
               )
               to
               be
               inspired
               by
               God
               ;
               and
               as
               an
               abstract
               of
               the
               chiefe
               particulars
               thereof
               ,
               professeth
               to
               believe
               and
               embrace
               the
               Articles
               of
               the
               Christian
               faith
               ,
               to
               regulate
               his
               life
               by
               the
               law
               of
               Gods
               commandements
               ,
               and
               his
               devotion
               by
               the
               rule
               of
               Christ
               prescribed
               ;
               and
               lastly
               to
               acknowledge
               and
               receive
               the
               Sacraments
               expresly
               instituted
               by
               Christ
               ;
               doubtlesse
               this
               man
               is
               by
               profession
               a
               Christian
               ,
               and
               cannot
               be
               denyed
               to
               hold
               the
               foundation
               ;
               and
               whosoever
               shall
               wilfully
               impugne
               any
               of
               these
               ,
               comes
               within
               the
               verge
               of
               Heresie
               :
               wilfully
               ,
               I
               say
               ,
               for
               meere
               error
               makes
               not
               an
               heretick
               ;
               if
               out
               of
               simplicity
               ,
               or
               grosse
               ignorance
               ,
               a
               man
               shall
               take
               upon
               him
               to
               maintaine
               a
               contradiction
               to
               a
               point
               of
               faith
               ,
               being
               
               ready
               to
               relent
               upon
               better
               light
               ,
               he
               may
               not
               be
               thus
               branded
               :
               eviction
               and
               contumacy
               must
               improve
               his
               error
               to
               be
               hereticall
               .
               The
               Church
               of
               Rome
               therefore
               hath
               beene
               too
               cruelly-liberall
               of
               her
               censures
               this
               way
               ,
               having
               bestow'd
               this
               livery
               upon
               many
               thousand
               Christians
               whom
               God
               hath
               owned
               for
               his
               Saints
               :
               and
               upon
               some
               Churches
               more
               Orthodoxe
               than
               her selfe
               ,
               presuming
               upon
               a
               power
               (
               which
               was
               never
               granted
               her
               from
               heaven
               )
               to
               state
               new
               articles
               of
               faith
               ,
               and
               to
               excommunicate
               and
               barre
               all
               that
               shall
               dare
               to
               gainsay
               her
               oracles
               :
               Whereas
               the
               great
               Doctor
               of
               the
               Gentiles
               hath
               told
               us
               from
               the
               spirit
               of
               God
               ,
               that
               there
               is
               but
               
                 one
                 Lord
                 ,
                 one
                 faith
                 ,
                 one
                 baptisme
              
               ;
               (
               Ephes.
               4.
               5.
               
               )
               and
               what
               faith
               is
               that
               ?
               S.
               Jude
               tells
               us
               :
               
                 Iude
                 3.
                 
                 The
                 faith
                 that
                 was
                 once
                 delivered
                 the
                 Saints
              
               ;
               so
               that
               as
               well
               may
               they
               make
               more
               reiterations
               of
               Baptisme
               ,
               and
               multiplicities
               
               of
               Lords
               ,
               as
               more
               faiths
               than
               one
               :
               some
               explications
               there
               may
               be
               of
               that
               one
               faith
               ,
               made
               by
               the
               Church
               ,
               upon
               occasion
               of
               new-sprung
               errours
               ,
               but
               such
               ,
               as
               must
               have
               their
               grounds
               from
               fore-written
               truths
               ,
               and
               such
               ,
               as
               may
               not
               extend
               to
               the
               condemnation
               of
               them
               whom
               God
               hath
               left
               free
               :
               new
               articles
               of
               faith
               they
               may
               not
               be
               ,
               nor
               binde
               farther
               than
               God
               hath
               reached
               them
               .
            
             
               Hereticks
               then
               they
               are
               ,
               and
               onely
               they
               ,
               that
               pertinaciously
               raze
               the
               foundation
               of
               the
               Christian
               faith
               ;
               what
               now
               must
               be
               done
               with
               them
               ?
               surely
               ,
               first
               ,
               if
               they
               cannot
               be
               reclaimed
               ,
               they
               must
               be
               avoided
               :
               It
               is
               the
               charge
               of
               the
               beloved
               Disciple
               to
               the
               elect
               Lady
               ,
               2
               John
               v.
               10.
               
               
                 If
                 any
                 man
                 come
                 unto
                 you
                 and
                 bring
                 not
              
               (
               that
               is
               ,
               by
               an
               ordinary
               Hebraisme
               ,
               opposes
               )
               
                 this
                 doctrine
                 ,
                 receive
                 him
                 not
                 into
                 your
                 houses
                 ,
                 neither
                 bidde
                 him
                 God
                 speede
              
               ;
               But
               the
               Apostle
               of
               the
               Gentiles
               goes
               
               yet
               higher
               ;
               sor
               writing
               to
               Titus
               the
               great
               Super-intendent
               of
               Crete
               ,
               his
               charge
               is
               ,
               Tit.
               3.
               10.
               
               
                 A
                 man
                 that
                 is
                 an
                 Heretick
                 ,
                 after
                 the
                 first
                 and
                 second
                 admonition
                 reject
                 .
              
            
             
               Now
               ,
               when
               wee
               compare
               the
               charge
               with
               the
               person
               ,
               we
               cannot
               but
               finde
               that
               this
               rejection
               ,
               is
               not
               a
               meer
               negative
               act
               ,
               of
               refraining
               company
               ,
               but
               a
               positive
               act
               of
               censure
               ,
               so
               as
               he
               ,
               who
               had
               power
               to
               admonish
               ,
               had
               also
               power
               to
               reject
               in
               an
               authoritative
               ,
               or
               judicatory
               way
               :
               He
               sayes
               then
               ,
               Devita
               ,
               reject
               or
               avoid
               ,
               not
               (
               as
               Erasmus
               too
               truly
               ,
               but
               bitterly
               scoffes
               the
               Romish
               practise
               )
               
                 De
                 vita
                 tolle
              
               :
               This
               of
               killing
               the
               heretick
               ,
               as
               it
               was
               out
               of
               the
               power
               of
               a
               spirituall
               supervisor
               ,
               so
               was
               it
               no
               lesse
               farre
               from
               the
               thoughts
               of
               him
               that
               desired
               to
               come
               in
               the
               spirit
               of
               meekness
               :
               Fagots
               were
               never
               ordained
               by
               the
               Apostle
               for
               arguments
               to
               confute
               Hereticks
               ;
               this
               bloudy
               Logick
               and
               
               Divinity
               was
               of
               a
               much
               later
               brood
               ,
               and
               is
               for
               a
               Dominick
               ,
               not
               a
               Paul
               to
               owne
               :
               for
               certainely
               faith
               is
               of
               the
               same
               nature
               with
               love
               ,
               it
               cannot
               be
               compelled
               ,
               perswasions
               may
               move
               it
               ,
               not
               force
               :
               These
               intellectuall
               sinnes
               must
               look
               for
               remedies
               of
               their
               owne
               kinde
               ;
               But
               if
               either
               they
               be
               (
               as
               it
               is
               often
               )
               accompanied
               with
               damnable
               blasphemies
               ,
               against
               God
               ,
               whether
               in
               his
               essence
               ,
               or
               attributes
               ,
               or
               the
               three
               incomprehensible
               persons
               in
               the
               all-glorious
               Deity
               ,
               or
               the
               blessed
               mediator
               betwixt
               God
               and
               man
               Jesus
               Christ
               ,
               in
               either
               of
               his
               natures
               ;
               or
               else
               ,
               shall
               be
               attended
               with
               the
               publique
               disturbances
               and
               dangerous
               distempers
               of
               the
               Kingdome
               ,
               or
               State
               wherein
               they
               are
               broached
               ,
               the
               Apostle's
               wish
               is
               ,
               but
               seasonable
               ,
               in
               both
               a
               spiritual
               and
               a
               bodily
               sense
               ;
               Gal.
               5.
               12.
               
               
                 Would
                 to
                 God
                 those
                 were
                 cut
                 off
                 that
                 trouble
                 you
                 :
              
               In
               the
               mean
               time
               ,
               for
               what
               concernes
               your selfe
               ,
               if
               you
               
               know
               any
               such
               ,
               as
               you
               love
               God
               ,
               and
               your
               soules
               ,
               keepe
               aloofe
               from
               them
               ,
               as
               from
               the
               pestilence
               .
               *
               Epiphanius
               well
               compares
               heresie
               to
               the
               biting
               of
               a
               mad
               dog
               ,
               which
               as
               it
               is
               deadly
               ,
               (
               if
               not
               speedily
               remedied
               )
               so
               it
               is
               withall
               dangerously
               infectious
               ,
               not
               the
               tooth
               onely
               ,
               but
               the
               very
               foame
               of
               that
               envenomed
               beast
               carries
               death
               in
               it
               ;
               you
               cannot
               be
               safe
               ,
               if
               you
               avoid
               it
               not
               .
            
          
           
             
               CASE
               VI.
               
            
             
               Whether
               the
               lawes
               of
               men
               doe
               binde
               the
               Conscience
               ,
               and
               how
               far
               we
               are
               tyed
               to
               their
               obedience
               .
            
             
               BOth
               these
               extreames
               of
               opinion
               concerning
               this
               point
               ,
               must
               needs
               bring
               much
               mischiefe
               upon
               Church
               and
               Kingdome
               :
               Those
               that
               absolutely
               hold
               such
               a
               power
               in
               humane
               lawes
               make
               themselves
               slaves
               to
               men
               :
               
               Those
               that
               deny
               any
               binding
               power
               in
               them
               ,
               run
               loose
               into
               all
               licentiousnesse
               :
               Know
               then
               that
               there
               is
               a
               vast
               difference
               betwixt
               these
               two
               ;
               To
               bind
               the
               conscience
               in
               any
               act
               ,
               and
               to
               bind
               a
               man
               in
               conscience
               to
               do
               or
               omit
               an
               act
               :
               Humane
               laws
               cannot
               do
               the
               first
               of
               them
               ;
               the
               latter
               they
               may
               ,
               and
               must
               doe
               :
               To
               binde
               the
               conscience
               is
               to
               make
               it
               guilty
               of
               a
               sin
               in
               doing
               an
               act
               forbidden
               ,
               or
               omitting
               an
               act
               injoyned
               as
               in
               it selfe
               such
               :
               or
               making
               that
               act
               in
               it selfe
               an
               acceptable
               service
               to
               God
               ,
               which
               is
               commanded
               by
               men
               :
               Thus
               humane
               lawes
               cannot
               bind
               the
               conscience
               :
               It
               is
               God
               onely
               ,
               
                 1
                 John
                 3.
                 21.
              
               who
               ,
               as
               he
               is
               greater
               than
               the
               Conscience
               ,
               so
               hath
               power
               to
               binde
               or
               loose
               it
               :
               
                 Esay
                 31.
                 22.
              
               
               It
               is
               he
               that
               is
               the
               onely
               Law
               giver
               to
               the
               Conscience
               :
               
                 Jam.
                 4.
                 12.
              
               
               Princes
               and
               Churches
               may
               make
               lawes
               for
               the
               outward
               man
               ;
               but
               they
               can
               no
               more
               binde
               the
               heart
               ,
               than
               they
               can
               
               make
               it
               ;
               In
               vain
               is
               that
               power
               ,
               which
               is
               not
               inabled
               with
               coertion
               ,
               now
               what
               coertion
               can
               any
               humane
               power
               claim
               of
               the
               heart
               ,
               which
               it
               can
               never
               attain
               to
               know
               ?
               the
               spirit
               of
               man
               therefore
               is
               subject
               onely
               to
               the
               father
               of
               spirits
               ,
               who
               onely
               sees
               and
               searches
               the
               secrets
               of
               it
               ,
               and
               can
               both
               convince
               ,
               and
               punish
               it
               .
            
             
               Besides
               ,
               well
               did
               penitent
               David
               know
               what
               he
               said
               ,
               when
               he
               cryed
               out
               ,
               
                 Against
                 thee
                 onely
                 have
                 I
                 sinned
                 :
              
               Psal.
               51.
               he
               knew
               that
               sinne
               is
               a
               transgression
               of
               the
               law
               ,
               and
               that
               none
               but
               Gods
               law
               can
               make
               a
               sin
               :
               men
               may
               be
               concerned
               ,
               and
               injured
               in
               our
               actions
               ,
               but
               it
               is
               God
               who
               hath
               forbidden
               these
               wrongs
               to
               men
               ,
               that
               is
               sinned
               against
               ,
               in
               our
               acts
               of
               injustice
               and
               uncharitablenesse
               :
               and
               who
               only
               can
               inflict
               the
               spirituall
               (
               which
               is
               the
               highest
               )
               revenge
               upon
               offenders
               .
               The
               charge
               of
               the
               great
               Doctor
               of
               the
               Gentiles
               to
               his
               Galatians
               ,
               was
               
               
                 Galat.
                 5.
                 1.
                 
                 Stand
                 fast
                 in
                 the
                 liberty
                 wherewith
                 Christ
                 hath
                 made
                 us
                 free
                 ,
                 and
                 be
                 not
                 intangled
                 againe
                 in
                 the
                 yoak
                 of
                 bondage
                 .
              
               What
               yoak
               of
               bondage
               was
               this
               ,
               but
               the
               law
               of
               Ceremonies
               ?
               What
               liberty
               was
               this
               ,
               but
               a
               freedome
               from
               the
               bondage
               of
               that
               law
               ?
               And
               certainly
               if
               those
               ordinances
               ,
               which
               had
               God
               for
               their
               author
               ,
               have
               so
               little
               power
               to
               bind
               the
               conscience
               ,
               as
               that
               the
               yoake
               of
               their
               bondage
               must
               be
               shaken
               off
               ,
               as
               inconsistent
               with
               Christian
               liberty
               ;
               how
               much
               less
               is
               it
               to
               be
               indured
               ,
               that
               we
               should
               be
               the
               servants
               of
               men
               ,
               in
               being
               tyed
               up
               to
               sin
               by
               their
               presumptuous
               impositions
               ?
            
             
               The
               lawes
               of
               men
               therefore
               doe
               not
               ,
               ought
               not
               ,
               cannot
               bind
               your
               conscience
               ,
               as
               of
               themselves
               ;
               but
               ,
               if
               they
               be
               just
               ,
               they
               binde
               you
               in
               conscience
               to
               obedience
               :
               They
               are
               the
               words
               of
               the
               Apostle
               to
               his
               Romans
               ,
               
                 Rom.
                 13.
                 5.
                 
                 Wherefore
                 ye
                 must
                 needes
                 be
                 subject
                 ;
                 
                 not
                 onely
                 for
                 wrath
                 ,
                 but
                 also
                 for
                 conscience
                 sake
                 .
              
               However
               then
               their
               particular
               constitution
               in
               themselves
               put
               no
               speciall
               obligation
               upon
               us
               ,
               under
               paine
               of
               sinne
               ,
               and
               damnation
               ;
               yet
               in
               a
               generall
               relation
               to
               that
               God
               ,
               who
               hath
               commanded
               us
               to
               obey
               authority
               ,
               their
               neglect
               or
               contempt
               involves
               us
               in
               a
               guilt
               of
               sin
               :
               All
               power
               is
               of
               God
               ,
               that
               which
               the
               supreme
               authority
               therefore
               enjoyns
               you
               ,
               God
               enjoyns
               you
               by
               it
               ,
               the
               charge
               is
               mediately
               his
               ,
               though
               passing
               through
               the
               hands
               of
               men
               .
            
             
               How
               little
               is
               this
               regarded
               ,
               in
               these
               loose
               times
               ,
               by
               those
               lawlesse
               persons
               ,
               whose
               practises
               acknowledge
               no
               soveraignty
               but
               titular
               ,
               no
               obedience
               but
               arbitrary
               ,
               to
               whom
               the
               strongest
               laws
               are
               as
               weapons
               to
               the
               
                 Leviathan
                 ,
                 who
                 esteemes
                 Iron
                 as
                 straw
                 ,
                 and
                 Brass
                 as
                 rotten
                 wood
                 ,
              
               Job
               41.
               27.
               
            
             
               Surely
               had
               they
               not
               first
               cast
               off
               their
               obedience
               to
               him
               that
               is
               higher
               
               than
               the
               highest
               ,
               they
               could
               not
               without
               trembling
               heare
               that
               weighty
               charge
               of
               the
               great
               God
               of
               Heaven
               ,
               Rom.
               13.
               1.
               
               
                 Let
                 every
                 soule
                 be
                 subject
                 to
                 the
                 higher
                 powers
                 :
                 For
                 there
                 is
                 no
                 power
                 but
                 of
                 God
                 ;
                 and
                 the
                 powers
                 that
                 be
                 ,
                 are
                 ordained
                 of
                 God
                 :
              
               1
               Pet.
               2.
               13.
               
               
                 Submit
                 your selves
                 to
                 every
                 Ordinance
                 of
                 man
                 for
                 the
                 Lords
                 sake
              
               ;
               and
               therefore
               should
               be
               convinced
               in
               themselves
               ,
               of
               that
               awe
               ,
               and
               duty
               ,
               which
               they
               ow
               to
               Soveraignty
               ,
               and
               know
               and
               resolve
               to
               obey
               God
               in
               men
               ,
               and
               men
               for
               God.
               
            
             
               You
               see
               then
               how
               requisite
               it
               is
               ,
               that
               you
               walk
               in
               a
               middle
               way
               betwixt
               that
               excessive
               power
               ,
               which
               flattering
               Casuists
               have
               beene
               wont
               to
               give
               to
               Popes
               ,
               Emperours
               ,
               Kings
               ,
               and
               Princes
               in
               their
               severall
               jurisdictions
               ,
               and
               a
               lawlesse
               neglect
               of
               lawfull
               authority
               :
               For
               the
               orthodox
               ,
               wise
               ,
               and
               just
               moderation
               whereof
               ,
               these
               last
               ages
               are
               much
               indebted
               to
               
               the
               learned
               and
               judicious
               Chancellour
               of
               Paris
               *
               ,
               
                 John
                 Gerson
              
               ,
               who
               first
               so
               checked
               that
               over-flowing
               errour
               of
               the
               power
               of
               humane
               usurpation
               (
               which
               carried
               the
               world
               before
               it
               )
               as
               gave
               a
               just
               hint
               to
               succeding
               times
               ,
               to
               draw
               that
               streame
               into
               the
               right
               channell
               ,
               in
               so
               much
               as
               †
               
                 Dominicus
                 à
                 Soto
              
               complaines
               greatly
               of
               him
               ,
               as
               ,
               in
               this
               ,
               little
               differing
               from
               the
               Lutheran
               heresie
               :
               But
               in
               the
               way
               which
               they
               call
               heresie
               ,
               we
               worship
               the
               God
               of
               our
               Fathers
               ,
               
                 rendring
                 unto
                 Cesar
                 the
                 things
                 that
                 are
                 Cesars
                 ,
                 and
                 unto
                 God
                 those
                 things
                 that
                 are
                 Gods
              
               ;
               yeilding
               our
               bodyes
               to
               
                 Cesar
                 ,
                 Act.
                 24.
                 14.
              
               reserving
               our
               souls
               for
               God
               :
               tendring
               to
               just
               Lawes
               our
               active
               obedience
               ,
               to
               unjust
               ,
               passive
               .
            
             
               But
               in
               the
               meane
               time
               ,
               farre
               be
               it
               
               from
               us
               to
               draw
               this
               knot
               of
               our
               obligation
               harder
               ,
               &
               closer
               then
               authority
               it self
               intends
               it
               :
               What
               ever
               Popes
               may
               doe
               for
               their
               Decrees
               ,
               certainly
               good
               Princes
               never
               meant
               to
               lay
               such
               weight
               upon
               all
               their
               lawes
               as
               to
               make
               every
               breach
               of
               them
               (
               even
               in
               relation
               to
               the
               authority
               given
               them
               by
               God
               )
               to
               be
               sinfull
               .
            
             
               Their
               lawes
               are
               commonly
               shut
               up
               with
               a
               sanction
               of
               the
               penalty
               imposed
               upon
               the
               violation
               :
               There
               is
               an
               
                 obedientia
                 bursalis
              
               ,
               (
               as
               ,
               I
               remember
               ,
               Gerson
               calls
               it
               ,
               )
               an
               obedience
               ,
               if
               not
               of
               the
               person
               ,
               yet
               of
               the
               purse
               ;
               which
               Princes
               are
               content
               to
               take
               up
               withall
               :
               we
               have
               a
               world
               of
               sinnes
               (
               God
               knowes
               )
               upon
               us
               in
               our
               hourly
               transgressions
               of
               the
               royall
               lawes
               of
               our
               maker
               ;
               but
               woe
               were
               us
               ,
               if
               wee
               should
               have
               so
               many
               sins
               more
               ,
               as
               we
               break
               statutes
               :
               In
               penall
               lawes
               ,
               where
               scandall
               or
               contempt
               finde
               no
               
               place
               ,
               humane
               authority
               is
               wont
               to
               rest
               satisfied
               with
               the
               mulct
               paid
               ,
               when
               the
               duty
               is
               not
               performed
               .
            
             
               Not
               that
               we
               may
               wilfully
               incur
               the
               breach
               of
               a
               good
               law
               ,
               because
               our
               hands
               are
               upon
               our
               purse-strings
               ready
               to
               stake
               the
               forfeiture
               ;
               This
               were
               utterly
               to
               frustrate
               the
               end
               of
               good
               lawes
               ,
               which
               doe
               therfore
               impose
               a
               mulct
               that
               they
               may
               not
               bee
               broken
               ;
               and
               were
               highly
               injurious
               to
               soveraign
               authority
               ,
               as
               if
               it
               sought
               for
               our
               money
               ,
               not
               our
               obedience
               ,
               and
               cared
               more
               for
               gain
               then
               good
               order
               ;
               then
               which
               there
               cannot
               be
               a
               more
               base
               imputation
               cast
               upon
               government
               :
               As
               then
               we
               are
               wont
               to
               say
               in
               relation
               of
               our
               actions
               to
               the
               lawes
               of
               God
               ;
               that
               som
               things
               are
               forbidden
               because
               they
               are
               sinfull
               ,
               and
               some
               things
               are
               sinfull
               because
               they
               are
               forbidden
               ,
               so
               it
               holds
               also
               in
               the
               lawes
               of
               men
               ;
               som
               things
               are
               forbidden
               because
               they
               are
               justly
               
               offensive
               ;
               and
               som
               other
               things
               are
               only
               therfore
               offensive
               because
               they
               are
               forbidden
               ;
               in
               the
               former
               of
               these
               we
               must
               yield
               our
               careful
               obedience
               out
               of
               respect
               even
               to
               the
               duty
               it self
               ;
               in
               the
               latter
               ,
               out
               of
               respect
               to
               the
               will
               of
               the
               law-giver
               ;
               yet
               so
               ,
               as
               that
               if
               our
               own
               important
               occasions
               shall
               enforce
               us
               to
               transgress
               a
               penall
               law
               ,
               without
               any
               affront
               of
               authority
               or
               scandall
               to
               others
               ,
               our
               submission
               to
               the
               penalty
               frees
               us
               from
               a
               sinfull
               disodedience
               .
            
          
           
             
               CASE
               VII
               .
            
             
               Whether
               Tithes
               bee
               a
               lawfull
               maintenance
               for
               Ministers
               under
               the
               Gospel
               ;
               and
               whether
               men
               bee
               bound
               to
               pay
               them
               accordingly
               .
            
             
               AS
               the
               question
               of
               Mine
               and
               Thine
               hath
               ever
               embroyled
               the
               world
               ;
               so
               this
               particular
               concerning
               
               tithes
               hath
               raised
               no
               little
               dust
               in
               the
               Church
               of
               God
               ;
               whiles
               some
               plead
               them
               in
               the
               precise
               
                 (
                 quota
                 parta
              
               )
               due
               &
               necessarie
               to
               be
               paid
               ,
               both
               by
               the
               law
               of
               God
               ,
               and
               nature
               it self
               ;
               others
               decry
               them
               as
               a
               judaicall
               law
               ;
               partly
               ceremoniall
               ,
               partly
               judiciall
               ;
               and
               therfore
               either
               now
               unlawfull
               ,
               or
               at
               least
               neither
               obligatory
               ,
               nor
               convenient
               .
            
             
               What
               is
               fit
               to
               be
               determined
               in
               a
               businesse
               so
               over
               agitated
               ;
               I
               shall
               shut
               up
               in
               these
               ten
               propositions
               .
            
             
               1.
               
               The
               maintenance
               of
               the
               legall
               ministery
               allowed
               and
               appointed
               by
               God
               was
               exceeding
               large
               and
               liberall
               .
            
             
               Besides
               all
               the
               tithes
               of
               corn
               ,
               wine
               oyle
               ,
               herbs
               ,
               herds
               ,
               flocks
               ;
               they
               had
               forty
               eight
               cities
               set
               forth
               for
               them
               ,
               with
               the
               fields
               round
               about
               them
               ,
               to
               the
               extent
               of
               two
               thousand
               cubits
               every
               way
               :
               they
               had
               the
               first
               fruits
               of
               wine
               ,
               oyle
               ,
               wool
               ,
               &c.
               in
               a
               large
               
               proportion
               ;
               he
               was
               held
               to
               be
               a
               man
               of
               an
               evil
               eye
               that
               gave
               lesse
               then
               the
               sixtith
               part
               :
               They
               had
               the
               first
               born
               of
               cattle
               ,
               sheep
               ,
               beeves
               ,
               goats
               ;
               and
               the
               price
               of
               the
               rest
               ,
               upon
               redemption
               :
               even
               the
               first-born
               of
               men
               must
               ransom
               themselves
               at
               five
               shekels
               a
               man
               ;
               They
               had
               the
               oblations
               and
               vowes
               of
               things
               dedicated
               to
               God
               :
               They
               had
               the
               ample
               loaves
               (
               or
               *
               cakes
               rather
               )
               of
               shew-bread
               ,
               and
               no
               small
               share
               in
               meat-offerings
               ,
               sin-offerings
               ,
               trespasse-offerings
               ,
               heave-offerings
               ,
               shake-offerings
               ;
               of
               sacrifices
               eucharistical
               they
               had
               the
               brest
               and
               shoulder
               ;
               of
               other
               ,
               the
               shoulder
               and
               the
               two
               cheekes
               ;
               yea
               the
               very
               burnt
               offerings
               afforded
               them
               an
               hide
               :
               Besides
               all
               these
               ,
               all
               the
               males
               were
               to
               appeare
               before
               the
               Lord
               thrice
               a
               year
               ;
               none
               were
               exempted
               (
               as
               their
               Doctors
               tell
               us
               )
               but
               servants
               ,
               
               deaf
               ,
               dumb
               ,
               idiots
               ,
               blind
               ,
               lame
               ,
               defiled
               ,
               uncircumcised
               ,
               old
               ,
               sick
               ,
               tender
               and
               weak
               ,
               not
               able
               to
               travel
               ,
               and
               no
               one
               of
               these
               which
               came
               up
               might
               appeare
               empty-handed
               .
            
             
               What
               do
               I
               offer
               to
               particularize
               ?
               there
               were
               no
               less
               then
               twenty
               four
               gifts
               alotted
               to
               the
               Priests
               ,
               expresly
               in
               the
               law
               ;
               the
               severals
               wherof
               who
               so
               desires
               to
               see
               ,
               may
               finde
               in
               the
               learned
               and
               profitable
               Annotations
               of
               master
               Ainsworth
               *
               ,
               out
               of
               Maimonides
               .
            
             
               2.
               
               We
               can
               have
               no
               reason
               to
               imagine
               ,
               that
               the
               same
               God
               who
               was
               so
               bountifull
               in
               his
               provisions
               for
               the
               legall
               ministery
               ,
               should
               bear
               lesse
               respect
               to
               the
               Evangelicall
               ;
               which
               is
               far
               more
               worthy
               and
               excellent
               then
               the
               other
               ;
               justly
               therfore
               doth
               S.
               Paul
               argue
               from
               the
               maintenance
               of
               the
               one
               ,
               a
               meet
               proportion
               for
               the
               fit
               sustentation
               of
               the
               other
               ,
               1
               
                 Cor.
                 9.
                 13.
              
               
            
             
             
               3.
               
               It
               is
               not
               fit
               for
               Gods
               ministers
               to
               be
               too
               intent
               to
               matter
               of
               profit
               ;
               their
               main
               care
               must
               be
               the
               spiritual
               proficiency
               of
               the
               soules
               of
               their
               people
               ;
               the
               secular
               thoughts
               of
               outward
               provisions
               must
               come
               in
               only
               on
               the
               by
               ;
               but
               howsoever
               they
               may
               not
               be
               intangled
               in
               worldly
               affaires
               ,
               yet
               they
               ought
               in
               duty
               to
               cast
               so
               much
               eye
               upon
               these
               earthly
               things
               as
               may
               free
               them
               from
               neglect
               ;
               It
               is
               to
               Timothy
               that
               S.
               Paul
               writes
               ,
               that
               it
               any
               man
               provide
               not
               for
               his
               own
               ,
               &
               especialy
               for
               those
               of
               his
               own
               house
               he
               hath
               denied
               the
               faith
               ,
               &
               is
               worse
               then
               an
               infidell
               .
               1
               
                 Tim.
                 5.
                 8.
              
               
            
             
               4.
               
               Under
               the
               law
               the
               tenth
               part
               was
               precisely
               alotted
               by
               the
               owner
               of
               all
               things
               ,
               for
               the
               maintenance
               of
               the
               sacred
               Tribe
               ;
               and
               if
               the
               wise
               and
               Holy
               God
               had
               not
               found
               that
               a
               meet
               proportion
               for
               those
               that
               served
               at
               his
               Altar
               ;
               he
               had
               either
               pitched
               upon
               som
               other
               ,
               or
               left
               it
               arbitrary
               ;
               yea
               
               even
               before
               the
               law
               ,
               
                 Gen.
                 14.
                 20.
                 
                 Abraham
              
               (
               and
               in
               his
               loynes
               Levi
               himselfe
               )
               paid
               tithes
               to
               
                 Melchisedec
                 (
                 Heb.
                 7.
                 4.
                 
                 )
              
               the
               priest
               of
               the
               most
               high
               God
               ;
               and
               whether
               it
               were
               by
               his
               example
               ,
               or
               by
               some
               naturall
               instinct
               ,
               we
               find
               the
               very
               heathen
               nations
               ,
               after
               some
               great
               victory
               atchieved
               ,
               were
               wont
               to
               devote
               stil
               the
               tithe
               of
               their
               spoiles
               to
               their
               Deities
               :
               so
               Camillus
               ,
               when
               he
               had
               after
               a
               long
               siege
               taken
               the
               rich
               city
               Vejos
               ,
               (
               a
               place
               of
               such
               importance
               ,
               that
               upon
               the
               taking
               of
               it
               ,
               he
               wished
               som
               great
               cross
               might
               befall
               Rome
               for
               the
               tempering
               of
               so
               high
               a
               felicity
               )
               he
               presently
               offereth
               the
               tithe
               to
               his
               *
               Gods
               :
               yea
               it
               was
               their
               custome
               who
               were
               most
               devout
               to
               consecrate
               the
               tithe
               of
               all
               their
               increase
               to
               those
               Gods
               they
               were
               most
               addicted
               unto
               ;
               in
               so
               much
               as
               the
               Romans
               noted
               it
               in
               their
               Lucullus
               ,
               
               that
               hee
               therfore
               grew
               up
               to
               so
               vast
               an
               estate
               ,
               because
               he
               still
               devoted
               the
               tithe
               of
               his
               fruits
               to
               Hercules
               :
               And
               *
               Pliny
               tells
               us
               that
               when
               they
               gathered
               their
               Frankincense
               ,
               none
               of
               it
               might
               be
               uttered
               till
               the
               Priest
               had
               the
               tithe
               of
               it
               set
               forth
               for
               him
               .
            
             
               5.
               
               There
               can
               be
               no
               good
               reason
               given
               ,
               why
               we
               may
               not
               observe
               the
               very
               same
               rate
               of
               proportion
               in
               laying
               out
               the
               maintenance
               of
               the
               ministery
               under
               the
               Gospell
               ;
               and
               if
               these
               rules
               and
               examples
               bee
               not
               binding
               ,
               (
               since
               Religion
               consisteth
               not
               now
               in
               numbers
               at
               all
               ;
               yet
               there
               is
               no
               cause
               why
               Christian
               Kingdoms
               ,
               or
               Commonwealths
               may
               not
               settle
               their
               choice
               upon
               the
               same
               number
               ,
               and
               quantity
               with
               both
               Jewes
               and
               Gentiles
               .
            
             
               6.
               
               The
               nationall
               lawes
               of
               this
               kingdom
               have
               set
               out
               the
               same
               proportion
               
               of
               tenths
               for
               this
               purpose
               ;
               If
               therfore
               there
               were
               no
               other
               obligation
               from
               the
               law
               of
               God
               or
               of
               the
               Church
               ,
               nor
               any
               precedents
               from
               the
               practise
               of
               the
               rest
               of
               the
               world
               ,
               yet
               in
               obedience
               to
               our
               municipall
               lawes
               ,
               we
               are
               bound
               to
               lay
               forth
               the
               tenth
               part
               of
               our
               increase
               to
               the
               maintenance
               of
               Gods
               service
               ;
               and
               that
               tenth
               is
               as
               truly
               due
               to
               the
               minister
               as
               the
               nine
               parts
               to
               the
               owner
               .
            
             
               7.
               
               Since
               the
               tenth
               part
               is
               in
               the
               intention
               of
               the
               law
               both
               civill
               and
               ecclesiasticall
               ,
               dedicated
               to
               the
               service
               of
               God
               ;
               and
               in
               the
               meer
               intuition
               thereof
               ,
               is
               alotted
               to
               Gods
               ministers
               ,
               there
               can
               be
               no
               reason
               why
               it
               can
               be
               claimed
               ,
               or
               warantably
               received
               by
               Lay
               persons
               ,
               for
               their
               proper
               use
               &
               behoof
               ;
               so
               as
               this
               practise
               of
               Impropriation
               ,
               which
               was
               first
               set
               on
               foot
               by
               unjust
               and
               sacrilegious
               Buls
               from
               Rome
               ,
               is
               justly
               offensive
               both
               to
               God
               and
               good
               men
               ;
               as
               mis-deriving
               the
               
               well-meant
               devotions
               of
               charitable
               and
               pious
               soules
               into
               a
               wrong
               channell
               .
               Nothing
               is
               more
               plaine
               then
               that
               tithes
               were
               given
               to
               the
               Church
               and
               in
               it
               ,
               to
               God
               ;
               how
               therefore
               that
               which
               is
               bequeath'd
               to
               God
               may
               be
               alienated
               to
               secular
               hands
               ,
               let
               the
               possessors
               look
               ?
            
             
               8.
               
               Let
               men
               be
               tied
               to
               make
               good
               the
               Apostles
               charge
               (
               since
               the
               legall
               rate
               displeases
               )
               and
               it
               shall
               well
               satisfie
               those
               that
               wait
               upon
               Gods
               services
               under
               the
               Gospel
               ;
               The
               charge
               of
               the
               Apostle
               of
               the
               Gentiles
               ,
               is
               :
               
                 Let
                 him
                 that
                 is
                 taught
                 in
                 the
                 word
                 communicate
                 to
                 him
                 that
                 teacheth
                 ,
                 in
                 all
                 good
                 things
                 ,
                 Gal.
                 6.
                 6.
              
               whereto
               hee
               adds
               ,
               
                 ver
                 .
                 7.
                 
                 Be
                 not
                 deceived
                 ,
                 God
                 is
                 not
                 mocked
                 .
              
               The
               charge
               is
               serious
               ,
               and
               binding
               :
               and
               the
               required
               communication
               is
               universall
               ;
               and
               that
               with
               a
               grave
               Item
               of
               Gods
               strict
               observation
               of
               performance
               :
               we
               may
               not
               think
               to
               put
               it
               off
               with
               Ambroses
               mis-pointed
               
               reading
               ,
               of
               referring
               the
               
                 all
                 good
                 things
              
               to
               the
               teaching
               ,
               (
               a
               conceit
               sensibly
               weak
               ,
               and
               misconstructive
               ;
               )
               nothing
               is
               more
               evident
               then
               that
               it
               hath
               relation
               to
               the
               communicating
               ;
               wherein
               (
               for
               ought
               I
               see
               )
               God
               intends
               a
               larger
               bounty
               to
               the
               Evangelicall
               ministery
               then
               to
               the
               legall
               ;
               where
               all
               is
               to
               be
               communicated
               ,
               what
               is
               excepted
               ?
               All
               ,
               not
               exclusive
               of
               the
               owner
               ;
               but
               imparted
               by
               the
               owner
               ;
               Let
               this
               bee
               really
               done
               ,
               there
               will
               bee
               no
               reason
               to
               stand
               upon
               the
               Tenths
               .
            
             
               9.
               
               But
               that
               this
               may
               be
               accordingly
               done
               ,
               there
               is
               no
               law
               that
               requires
               a
               meer
               arbitrarinesse
               in
               the
               communicators
               :
               the
               duty
               of
               the
               teacher
               is
               punctually
               set
               downe
               ,
               and
               so
               well
               known
               that
               the
               meanest
               of
               the
               people
               can
               check
               him
               with
               his
               neglect
               :
               and
               why
               should
               wee
               thinke
               the
               reciprocall
               duty
               of
               the
               hearer
               fit
               to
               bee
               left
               loose
               and
               voluntary
               :
               yet
               such
               
               an
               apprehension
               hath
               taken
               up
               the
               hearts
               of
               too
               many
               Christians
               as
               if
               the
               contributions
               to
               their
               ministers
               were
               a
               matter
               of
               meer
               almes
               ;
               which
               as
               they
               need
               not
               to
               give
               ,
               so
               they
               are
               apt
               ,
               upon
               easy
               displeasures
               ,
               to
               upbraid
               :
               But
               these
               men
               must
               be
               put
               in
               minde
               of
               the
               just
               word
               of
               our
               Saviour
               ;
               
                 The
                 laborer
                 is
                 worthy
                 of
                 his
                 wages
                 :
              
               The
               ministery
               signifies
               a
               service
               ;
               a
               publique
               service
               at
               Gods
               Altar
               ;
               whereto
               the
               wages
               is
               no
               lesse
               due
               ,
               then
               the
               meat
               is
               to
               the
               mouth
               of
               him
               that
               payes
               it
               ;
               No
               man
               may
               more
               freely
               speak
               of
               tithes
               then
               my selfe
               ,
               who
               receive
               none
               ,
               nor
               ever
               shall
               do
               ?
               Know
               then
               ye
               proud
               ignorants
               ,
               that
               call
               your
               Ministers
               your
               almes-men
               ,
               and
               your selves
               their
               Benefactors
               ,
               that
               the
               same
               right
               you
               have
               to
               the
               whole
               ,
               they
               have
               to
               a
               part
               ;
               God
               and
               the
               same
               lawes
               that
               have
               feoffed
               you
               in
               your
               estates
               ,
               have
               allotted
               them
               their
               due
               shares
               in
               them
               ;
               
               which
               without
               wrong
               ye
               cannot
               detract
               .
               It
               is
               not
               your
               charity
               but
               your
               justice
               which
               they
               presse
               for
               their
               owne
               :
               Neither
               think
               to
               check
               them
               with
               the
               scornfull
               title
               of
               your
               servants
               ;
               servants
               they
               are
               indeede
               ,
               to
               Gods
               Church
               ,
               not
               to
               you
               ;
               and
               if
               they
               doe
               stoop
               to
               particular
               services
               for
               the
               good
               of
               your
               souls
               ,
               this
               is
               no
               more
               disparagement
               to
               them
               ,
               then
               it
               is
               to
               the
               blessed
               Angels
               of
               God
               ,
               to
               be
               ministring
               spirits
               ,
               
                 Heb.
                 1.
                 14.
              
               sent
               forth
               to
               minister
               for
               them
               who
               shall
               be
               heires
               of
               salvation
               .
            
             
               Shortly
               ,
               it
               is
               the
               Apostles
               charge
               ratified
               in
               heaven
               ,
               that
               they
               which
               labour
               in
               the
               word
               and
               doctrine
               should
               be
               remunerated
               with
               double
               honour
               ;
               that
               is
               not
               formall
               of
               words
               and
               complements
               ,
               but
               real
               of
               maintenance
               ;
               which
               he
               laies
               weight
               upon
               his
               Timothy
               to
               enioyn
               ,
               1.
               
               
                 Tim.
                 5.
                 17.
              
               
            
             
               10.
               
               And
               surely
               how
               necessary
               it
               is
               that
               we
               should
               bee
               at
               som
               certainty
               
               in
               this
               case
               ,
               and
               not
               left
               to
               the
               meere
               arbitrary
               will
               of
               the
               givers
               ,
               it
               too
               well
               apears
               in
               common
               experience
               ;
               which
               tell
               us
               how
               ordinary
               it
               is
               ,
               where
               ministers
               depend
               upon
               voluntary
               benevolences
               ,
               if
               they
               doe
               but
               upon
               som
               just
               reproofe
               gall
               the
               conscience
               of
               a
               guilty
               hearer
               ;
               or
               preach
               som
               truth
               which
               dis-relishes
               the
               palat
               of
               a
               prepossessed
               auditor
               ,
               how
               he
               straight
               flies
               out
               ;
               and
               not
               only
               withholds
               his
               own
               pay
               ,
               but
               also
               withdrawes
               the
               contributions
               of
               others
               :
               so
               as
               the
               free-tongued
               teacher
               must
               either
               live
               by
               ayre
               ,
               or
               be
               forced
               to
               change
               his
               pasture
               :
               It
               were
               easy
               to
               instance
               ,
               but
               charity
               bids
               mee
               forbeare
               .
            
             
               Hereupon
               it
               is
               ,
               that
               these
               sportulary
               preachers
               are
               faine
               to
               sooth
               up
               their
               many
               masters
               ,
               and
               are
               so
               gaged
               with
               the
               feare
               of
               a
               starving
               displeasure
               ,
               that
               they
               dare
               not
               be
               free
               in
               the
               reprehension
               of
               the
               daring
               sins
               of
               
               their
               uncertain
               benefactors
               ;
               as
               being
               charmed
               to
               speak
               either
               placentia
               or
               nothing
               .
               And
               if
               there
               were
               no
               such
               danger
               in
               a
               faithfull
               and
               just
               freedom
               ,
               yet
               how
               easy
               is
               it
               to
               apprehend
               ,
               that
               if
               even
               when
               the
               laws
               enforce
               men
               to
               pay
               their
               dues
               to
               their
               ministers
               ,
               they
               yet
               continue
               so
               backward
               in
               their
               discharge
               of
               them
               :
               how
               much
               lesse
               hope
               can
               there
               be
               ,
               that
               being
               left
               to
               their
               free
               choyce
               ,
               they
               would
               prove
               eyther
               liberall
               or
               just
               in
               their
               voluntary
               contributions
               .
            
             
               Howsoever
               therfore
               in
               that
               innocent
               infancy
               of
               the
               Church
               ,
               wherein
               zealous
               Christians
               ,
               out
               of
               a
               liberall
               ingenuity
               were
               ready
               to
               lay
               downe
               all
               their
               substance
               at
               the
               Apostles
               feet
               ,
               &
               in
               the
               primitive
               times
               immediately
               subsequent
               ,
               the
               willing
               forwardness
               of
               devout
               people
               tooke
               away
               all
               need
               of
               raysing
               set
               maintenances
               for
               Gods
               ministers
               ;
               yet
               now
               ,
               in
               these
               depraved
               and
               hard
               hearted
               
               times
               of
               the
               Church
               ,
               it
               is
               more
               then
               requisite
               ,
               that
               fixed
               competencies
               of
               allowance
               should
               by
               good
               lawes
               be
               established
               upon
               them
               ;
               which
               being
               done
               by
               way
               of
               tithes
               in
               those
               countries
               wherein
               they
               obtaine
               ,
               there
               is
               just
               cause
               of
               thankfulnesse
               to
               God
               for
               so
               meet
               a
               provision
               ,
               none
               for
               a
               just
               oppugnation
               .
            
          
           
             
               CASE
               VIII
               .
            
             
               Whether
               it
               bee
               lawfull
               for
               Christians
               where
               they
               find
               a
               countrey
               possessed
               by
               savage
               Pagans
               and
               Infidels
               ,
               to
               drive
               out
               the
               native
               inhabitants
               ;
               and
               to
               seize
               ,
               and
               enjoy
               their
               lands
               ,
               upon
               any
               pretence
               ;
               and
               upon
               what
               grounds
               it
               may
               be
               lawfull
               so
               to
               doe
               .
            
             
               WHat
               unjust
               and
               cruel
               measure
               hath
               been
               heretofore
               offered
               by
               the
               Spaniard
               to
               miserable
               Indians
               ,
               in
               this
               kind
               ,
               I
               had
               rather
               you
               
               should
               receive
               from
               the
               relation
               of
               their
               own
               Bishop
               ,
               
                 Bartholomaeus
                 Casa
              
               then
               from
               my
               Pen.
               
            
             
               He
               can
               tell
               you
               a
               sad
               story
               of
               millions
               of
               those
               poor
               savages
               made
               away
               to
               make
               room
               for
               those
               their
               imperious
               successors
               ;
               the
               discovery
               of
               whose
               unjust
               usurpation
               ,
               procured
               but
               little
               thanks
               to
               their
               learned
               professors
               of
               Complutum
               and
               Salamanca
               :
               Your
               question
               relates
               to
               our
               owne
               case
               ;
               since
               many
               thousands
               of
               our
               nation
               have
               transplanted
               themselves
               into
               those
               regions
               ,
               which
               were
               prepossessed
               by
               barbarous
               owners
               :
               As
               for
               those
               countries
               which
               were
               not
               inhabited
               by
               any
               reasonable
               creatures
               ,
               (
               as
               the
               Bermudas
               ,
               or
               Summer-Islands
               ;
               which
               were
               only
               peopled
               wih
               Hogs
               and
               Deer
               ,
               and
               such
               like
               bruite
               cattle
               )
               there
               can
               be
               no
               reason
               why
               they
               should
               not
               fall
               to
               the
               first
               occupant
               ;
               but
               where
               the
               land
               hath
               a
               known
               master
               the
               case
               must
               vary
               :
               
               For
               the
               decision
               whereof
               some
               grounds
               are
               fit
               to
               be
               laid
               .
            
             
               No
               nation
               under
               heaven
               but
               hath
               som
               Religion
               or
               other
               ,
               and
               worships
               a
               God
               such
               as
               it
               is
               ,
               although
               a
               creature
               much
               inferiour
               in
               very
               nature
               to
               themselves
               ;
               although
               the
               worst
               of
               creatures
               ,
               evil
               spirits
               ;
               and
               that
               religion
               wherein
               they
               were
               bred
               ,
               through
               an
               invincible
               ignorance
               of
               better
               ,
               they
               esteem
               good
               at
               least
               .
            
             
               Dominion
               and
               propriety
               is
               not
               founded
               in
               Religion
               ,
               but
               in
               a
               naturall
               and
               civill
               right
               ;
               It
               is
               true
               that
               the
               saints
               have
               in
               Christ
               ,
               the
               Lord
               of
               all
               things
               ,
               a
               spiritual
               right
               in
               all
               creatures
               ;
               
                 all
                 things
                 are
                 yours
              
               ,
               (
               saith
               the
               Apostle
               )
               
                 and
                 you
                 are
                 Christs
                 ,
                 and
                 Christ
                 is
                 Gods
                 :
              
               but
               the
               spirituall
               right
               gives
               a
               man
               no
               title
               at
               all
               to
               any
               naturall
               or
               civill
               possession
               here
               on
               earth
               ;
               yea
               Christ
               himselfe
               ,
               though
               both
               as
               God
               ,
               and
               as
               Mediator
               ,
               the
               whole
               world
               were
               his
               ,
               yet
               hee
               tells
               
               
                 Pilate
                 ,
                 My
                 kingdom
                 is
                 not
                 of
                 this
                 World
              
               ;
               neither
               did
               he
               (
               though
               the
               Lord
               Paramount
               of
               this
               whol
               earth
               )
               by
               virtu
               of
               that
               transcendent
               soveraignty
               put
               any
               man
               out
               of
               the
               possession
               of
               one
               foot
               of
               ground
               which
               fell
               to
               him
               ,
               either
               by
               birth
               ,
               or
               purchase
               ;
               Neither
               doth
               the
               want
               of
               that
               spirituall
               interest
               debar
               any
               man
               from
               a
               rightfull
               claim
               and
               fruition
               of
               these
               earthly
               inheritances
               .
            
             
               The
               barbarous
               people
               were
               lords
               of
               their
               owne
               ;
               and
               have
               their
               Sagamores
               ;
               and
               orders
               ,
               and
               formes
               of
               government
               under
               which
               they
               peaceably
               live
               ,
               without
               the
               intermedling
               with
               other
               nations
               .
            
             
               Infidelity
               cannot
               forfeit
               their
               inheritance
               to
               others
               ;
               no
               more
               then
               enmity
               professed
               by
               Jewes
               to
               Christian
               Religion
               ,
               can
               escheat
               their
               goods
               to
               the
               Crownes
               under
               which
               they
               live
               ;
               yea
               much
               lesse
               :
               for
               those
               Jewes
               ,
               living
               amongst
               Christian
               
               people
               ,
               have
               ,
               or
               might
               have
               had
               meanes
               sufficient
               to
               reclaime
               them
               from
               their
               stubborn
               unbeleefe
               ,
               but
               these
               savages
               have
               never
               had
               the
               least
               overture
               of
               any
               saving
               helps
               to
               wards
               their
               conversion
               :
               they
               therefore
               being
               as
               true
               owners
               of
               their
               native
               inheritances
               ,
               as
               Christians
               are
               of
               theirs
               ,
               they
               can
               no
               more
               be
               forced
               from
               their
               possessions
               by
               Christians
               ,
               then
               Christians
               may
               be
               so
               forced
               by
               them
               :
               certainly
               ,
               in
               the
               same
               tearms
               wherein
               they
               stand
               to
               Christians
               ,
               do
               also
               in
               their
               judgement
               ,
               Christians
               stand
               to
               them
               ;
               and
               if
               it
               would
               seem
               hard
               to
               us
               ,
               that
               an
               inundation
               of
               Pagans
               should
               (
               as
               hereto
               fore
               it
               hath
               done
               )
               break
               in
               upon
               us
               ,
               and
               drive
               us
               out
               of
               our
               native
               possessions
               ,
               how
               could
               it
               seem
               less
               unjust
               in
               us
               to
               them
               ?
            
             
               Their
               Idolatries
               ,
               and
               sins
               against
               nature
               are
               hainous
               and
               abhominable
               and
               such
               as
               for
               which
               God
               of
               old
               
               condemned
               the
               seven
               nations
               to
               an
               utter
               extirpation
               ;
               But
               what
               Commission
               have
               wee
               for
               their
               punishment
               ?
               Could
               we
               shew
               such
               a
               patent
               in
               this
               case
               as
               the
               Israelites
               had
               for
               their
               warres
               against
               Ameleck
               ,
               and
               those
               neighbouring
               heathens
               ,
               all
               were
               sure
               :
               But
               you
               know
               who
               said
               ,
               
                 What
                 have
                 I
                 to
                 do
                 to
                 judge
                 them
                 that
                 are
                 without
                 ?
              
               1
               Cor.
               5.
               12.
               
               And
               if
               hee
               may
               not
               be
               a
               Judge
               ,
               who
               may
               be
               an
               executioner
               .
            
             
               Refusall
               of
               Christianity
               can
               be
               no
               sufficient
               ground
               of
               either
               invasion
               ,
               or
               expulsion
               ,
               sith
               violence
               is
               not
               the
               appointed
               way
               for
               plantation
               of
               the
               faith
               ;
               which
               must
               be
               perswaded
               ,
               and
               not
               compelled
               ;
               that
               sentence
               therefore
               of
               Pope
               *
               
                 Gregory
                 ;
                 Justum
                 
                 sanctumque
                 esse
                 bellum
                 ,
                 &c.
                 
              
               (
               That
               it
               is
               a
               just
               and
               holy
               war
               which
               is
               by
               Christians
               made
               against
               Infidels
               ,
               that
               they
               being
               brought
               under
               subjection
               the
               Gospel
               of
               Christ
               might
               be
               preached
               unto
               them
               ;
               lest
               that
               if
               they
               should
               not
               be
               subjected
               ,
               they
               might
               be
               an
               hindrance
               to
               preaching
               ,
               and
               to
               the
               conversion
               of
               those
               that
               would
               beleeve
               ;
               )
               is
               surely
               either
               not
               out
               of
               the
               chayre
               ,
               or
               beside
               the
               cushion
               ;
               and
               better
               beseems
               a
               successor
               of
               Romulus
               ,
               then
               of
               Peter
               :
               I
               may
               not
               omit
               to
               acquaint
               you
               how
               hotly
               this
               main
               question
               was
               disputed
               by
               Spanish
               &
               Italian
               Divines
               upon
               the
               very
               first
               entrance
               of
               this
               litigious
               usurpation
               ;
               At
               which
               time
               Pope
               
                 Alexander
                 6.
                 
                 (
                 Anno
                 1493.
                 )
              
               gave
               his
               large
               Decretory
               Bull
               to
               Ferdinand
               king
               ,
               and
               Isabella
               queen
               of
               Castile
               and
               Aragon
               for
               his
               expedition
               against
               the
               barbarous
               Indians
               of
               the
               then
               newly
               discovered
               world
               :
               
                 Genesius
                 Sepulveda
              
               ,
               a
               learned
               
               Spaniard
               writ
               then
               ,
               in
               defence
               and
               incoragement
               of
               this
               holy
               invasion
               ,
               a
               Dialogue
               ,
               which
               hee
               called
               
                 Democrates
                 secundus
              
               ,
               which
               was
               published
               at
               Rome
               ,
               by
               the
               procurement
               of
               
                 Antonius
                 Augustinus
              
               ,
               Auditor
               of
               the
               Palace
               ;
               which
               no
               sooner
               came
               abroad
               ,
               then
               it
               was
               eagerly
               set
               on
               ,
               by
               the
               Divines
               both
               of
               Italy
               and
               Spaine
               ;
               amongst
               these
               latter
               ,
               the
               Doctors
               of
               Salamanca
               ,
               adde
               the
               Complutenses
               ;
               and
               above
               them
               
                 Antonius
                 Ramirus
              
               Bishoppe
               of
               Segovia
               falls
               foule
               upon
               that
               offensive
               ▪
               discourse
               ,
               which
               Genesius
               would
               faine
               have
               vindicated
               by
               an
               Apology
               ,
               set
               forth
               to
               that
               purpose
               ;
               but
               how
               insufficiently
               ,
               it
               were
               easie
               to
               shew
               ,
               if
               it
               were
               as
               needfull
               :
               But
               to
               make
               the
               matter
               good
               ,
               hee
               thinks
               to
               back
               himselfe
               by
               the
               authority
               of
               great
               and
               famous
               persons
               ,
               both
               counsellors
               ,
               and
               Doctors
               ,
               by
               him
               cited
               ;
               and
               above
               all
               
               by
               that
               loud
               Bull
               of
               *
               Alexander
               ;
               wherein
               yet
               ,
               for
               ought
               I
               see
               ,
               the
               charge
               which
               is
               laid
               on
               those
               Princes
               is
               only
               to
               reduce
               the
               people
               living
               in
               those
               Islands
               and
               countries
               to
               receive
               Christian
               Religion
               ;
               which
               we
               may
               well
               apprehend
               more
               likely
               to
               be
               done
               by
               other
               means
               then
               by
               the
               sword
               .
            
             
               After
               much
               agitation
               it
               pleased
               the
               King
               of
               Spaine
               ,
               to
               require
               the
               judgement
               of
               †
               
                 Franciscus
                 à
                 Victoria
              
               ,
               the
               famous
               professor
               of
               Divinity
               at
               Salamanca
               ,
               concerning
               this
               so
               weighty
               affaire
               ;
               which
               he
               hath
               published
               with
               such
               wisdome
               and
               moderation
               ,
               as
               so
               great
               a
               businesse
               required
               ;
               stating
               the
               question
               aright
               on
               both
               sides
               ;
               both
               shewing
               the
               insufficiency
               of
               the
               received
               grounds
               of
               that
               Indian
               expedition
               ,
               and
               directing
               to
               those
               
               just
               motives
               ,
               &
               rules
               of
               proceedings
               herein
               ,
               as
               might
               bee
               ,
               in
               such
               a
               case
               ,
               justifiable
               ;
               to
               which
               grave
               and
               solid
               discourse
               of
               his
               ,
               you
               may
               ,
               if
               you
               please
               ,
               bee
               referred
               for
               further
               satisfaction
               .
            
             
               Onwards
               ,
               I
               shall
               draw
               forth
               some
               few
               of
               such
               considerations
               from
               him
               as
               may
               serve
               for
               my
               present
               purpose
               .
            
             
               First
               therefore
               it
               is
               lawfull
               for
               Christians
               to
               travell
               into
               any
               countrey
               under
               heaven
               ,
               and
               as
               strangers
               ,
               to
               stay
               there
               ,
               without
               any
               wrong
               done
               to
               the
               natives
               ;
               A
               thing
               allowed
               by
               the
               law
               of
               nations
               derived
               from
               the
               law
               of
               nature
               ,
               by
               which
               law
               it
               is
               every
               where
               held
               an
               inhuman
               thing
               to
               offer
               ill
               measure
               to
               a
               stranger
               .
               It
               is
               the
               argument
               that
               righteous
               Lot
               used
               to
               the
               worst
               of
               Pagans
               ,
               the
               
                 Sodomits
                 ;
                 Only
                 unto
                 these
                 men
                 doe
                 nothing
                 ,
                 for
                 therefore
                 are
                 they
                 come
                 under
                 the
                 shadow
                 of
                 my
                 roof
                 .
              
               Gen.
               19.
               8.
               
            
             
             
               And
               if
               before
               the
               division
               of
               nations
               ,
               the
               earth
               lay
               freely
               open
               to
               all
               passengers
               without
               scruple
               ,
               to
               travel
               whither
               they
               pleased
               ,
               surely
               ,
               that
               partition
               was
               never
               intended
               to
               warant
               a
               restraint
               ;
               And
               if
               nature
               have
               made
               the
               Sea
               and
               all
               the
               in-lets
               of
               it
               common
               ,
               it
               were
               very
               injurious
               to
               abridg
               any
               nation
               of
               the
               free
               use
               of
               so
               liberall
               an
               element
               .
            
             
               Secondly
               ,
               it
               is
               lawfull
               for
               us
               to
               use
               trafique
               with
               those
               Infidels
               ,
               and
               to
               interchange
               comodities
               with
               them
               ,
               and
               to
               abide
               upon
               their
               coasts
               for
               negotiation
               ,
               and
               to
               fish
               in
               their
               sea
               ,
               and
               to
               take
               part
               of
               those
               profits
               which
               nature
               hath
               made
               common
               to
               all
               comers
               ,
               And
               if
               those
               Pagans
               shall
               oppose
               us
               in
               so
               warrantable
               courses
               ,
               it
               will
               be
               meet
               for
               us
               to
               tender
               them
               al
               fair
               satisfaction
               ;
               perswading
               them
               that
               we
               intend
               no
               harm
               or
               prejudice
               to
               them
               in
               their
               persons
               ,
               or
               estate
               ;
               but
               much
               good
               to
               both
               ;
               labouring
               
               to
               win
               them
               by
               all
               courteous
               demenor
               ;
               But
               if
               they
               shall
               flie
               out
               ,
               notwithstanding
               all
               our
               kind
               indeavors
               ,
               into
               a
               violent
               opposition
               of
               us
               ;
               setting
               upon
               us
               in
               a
               hostile
               manner
               ,
               offering
               to
               cut
               our
               throats
               in
               so
               unjust
               a
               quarell
               ,
               it
               is
               lawfull
               for
               us
               to
               stand
               upon
               our
               defence
               ,
               and
               to
               repell
               one
               force
               with
               another
               ;
               and
               to
               use
               all
               convenient
               meanes
               for
               our
               security
               ;
               and
               if
               we
               cannot
               otherwise
               be
               safe
               ,
               to
               raise
               bulwarks
               or
               fortifications
               for
               our
               own
               indemnity
               ;
               and
               if
               we
               finde
               our selves
               over-powred
               by
               implacable
               Savages
               ,
               to
               call
               for
               the
               aid
               and
               assistance
               of
               our
               friends
               ,
               and
               (
               if
               the
               enmity
               continue
               and
               proceed
               )
               of
               our
               Princes
               :
               since
               the
               just
               cause
               of
               war
               is
               the
               propulsation
               of
               publique
               injuries
               ;
               and
               such
               injury
               is
               as
               great
               as
               barbarous
               .
            
             
               But
               if
               not
               so
               much
               cruelty
               of
               disposition
               ,
               as
               feare
               and
               suspicion
               of
               a
               strange
               nation
               shal
               arm
               them
               against
               
               us
               ;
               our
               care
               must
               bee
               so
               to
               manage
               our
               own
               defence
               ,
               as
               may
               be
               least
               offensive
               to
               them
               ;
               &
               therfore
               we
               may
               not
               take
               this
               occasion
               of
               killing
               their
               persons
               ,
               or
               sacking
               their
               townes
               ,
               or
               depopulating
               their
               countrys
               ;
               for
               that
               in
               this
               case
               they
               are
               no
               other
               then
               innocent
               .
            
             
               If
               after
               all
               gentle
               intreaties
               ,
               courteous
               usages
               ,
               and
               harmlesse
               self-defence
               ,
               they
               shal
               persist
               in
               a
               malicious
               hostility
               ,
               &
               can
               by
               no
               means
               be
               reclamed
               from
               their
               impetuous
               onsets
               ;
               there
               is
               now
               just
               cause
               not
               to
               deale
               with
               them
               as
               innocents
               ,
               but
               as
               enemies
               :
               and
               therfore
               to
               proceede
               against
               them
               accordingly
               .
            
             
               But
               an
               higher
               and
               more
               warrantable
               title
               ,
               that
               we
               may
               have
               to
               deale
               with
               these
               barbarous
               Infidels
               ,
               is
               ,
               for
               the
               propagation
               of
               Christian
               Religion
               ;
               and
               the
               promulgation
               of
               the
               Gospel
               of
               
                 Jesus
                 Christ
              
               amongst
               these
               miserable
               savages
               :
               For
               which
               wee
               
               have
               good
               ground
               from
               the
               charge
               of
               our
               Saviour
               :
               
                 Goe
                 preach
                 the
                 Gospell
                 to
                 every
                 creature
                 ;
                 Mar.
                 ult
                 .
              
               and
               he
               that
               was
               in
               bonds
               for
               the
               name
               of
               the
               Lord
               Jesus
               ,
               tels
               us
               ,
               
                 The
                 word
                 of
                 God
                 is
                 not
                 bound
              
               ;
               2
               Tim.
               2.
               9.
               not
               bound
               ,
               either
               in
               fetters
               ;
               or
               within
               limits
               :
               Oh
               that
               wee
               could
               approve
               to
               God
               ,
               and
               our
               Consciences
               ,
               that
               this
               is
               our
               main
               motive
               and
               principall
               drift
               in
               our
               western
               plantations
               ;
               but
               how
               little
               appearance
               there
               is
               of
               this
               holy
               care
               and
               endeavour
               ,
               the
               plaine
               dealer
               upon
               knowledge
               hath
               sufficiently
               informed
               us
               ;
               Although
               I
               now
               heare
               of
               one
               industrious
               spirit
               that
               hath
               both
               learned
               the
               language
               of
               our
               new-Islanders
               ,
               and
               printed
               some
               part
               of
               the
               Scripture
               in
               it
               ;
               and
               trained
               up
               some
               of
               their
               Children
               in
               the
               principles
               of
               Christianity
               :
               a
               service
               highly
               acceptable
               to
               God
               ,
               and
               no
               lesse
               meritorious
               of
               men
               :
               The
               Gospell
               then
               may
               be
               ,
               must
               be
               preached
               
               to
               those
               heathens
               ,
               (
               otherwise
               they
               shall
               perpetually
               remaine
               out
               of
               the
               estate
               of
               salvation
               )
               and
               all
               possible
               meanes
               must
               be
               used
               for
               their
               conversion
               ;
               but
               herein
               I
               must
               have
               leave
               to
               depart
               from
               Victoria
               ,
               that
               he
               holds
               it
               lawfull
               if
               the
               savages
               do
               not
               freely
               permit
               (
               but
               goe
               about
               to
               hinder
               )
               the
               preaching
               of
               the
               Gospell
               ,
               to
               rayse
               war
               against
               them
               ;
               as
               if
               he
               would
               have
               them
               cudgeled
               into
               Christianity
               :
               surely
               this
               is
               not
               the
               way
               :
               It
               is
               for
               Mahumetans
               to
               profess
               planting
               religion
               by
               the
               sword
               ;
               it
               is
               not
               for
               Christians
               ;
               It
               is
               a
               just
               clause
               therfore
               that
               he
               puts
               in
               ,
               that
               the
               slaughters
               hereupon
               raised
               may
               rather
               prove
               an
               hindrance
               to
               the
               conversion
               of
               the
               savages
               ,
               as
               indeed
               it
               fell
               out
               ;
               the
               poor
               Indians
               being
               by
               these
               bloody
               courses
               brought
               into
               such
               a
               detestation
               of
               their
               masters
               ,
               the
               Castilians
               ,
               that
               they
               profest
               they
               would
               not
               goe
               to
               heaven
               if
               any
               spanyards
               were
               there
               .
            
             
             
               The
               way
               then
               to
               plant
               the
               Gospel
               of
               Christ
               successefully
               among
               those
               barbarous
               soules
               ,
               must
               be
               only
               gentle
               ,
               and
               plausible
               :
               first
               ,
               by
               insinuating
               our selves
               into
               them
               by
               a
               discreet
               familiarity
               ,
               and
               winning
               deportment
               ,
               by
               an
               holy
               and
               inoffensive
               living
               with
               them
               ;
               by
               working
               upon
               them
               with
               the
               notable
               examples
               of
               impartiall
               justice
               ,
               strict
               piety
               ,
               tender
               mercy
               ,
               compassion
               ,
               chastity
               ,
               temperance
               &
               all
               other
               Christian
               virtues
               ;
               and
               when
               they
               are
               thus
               won
               to
               a
               liking
               of
               our
               persons
               and
               carriage
               ,
               they
               will
               be
               then
               wel
               capable
               of
               our
               holy
               counsels
               ;
               Then
               will
               the
               Christian
               faith
               begin
               to
               relish
               with
               them
               ;
               and
               they
               shall
               now
               grow
               ambitious
               of
               that
               happy
               condition
               ,
               which
               they
               admire
               in
               us
               :
               then
               shall
               they
               be
               glad
               to
               take
               us
               into
               their
               bosoms
               :
               and
               think
               themselves
               blessed
               in
               our
               society
               and
               cohabitation
               :
               Lo
               this
               is
               the
               true
               way
               of
               Christian
               conquests
               ;
               
               wherein
               I
               know
               not
               whether
               shal
               be
               the
               greater
               gainer
               ,
               the
               victor
               or
               the
               conquered
               ;
               each
               of
               them
               shall
               blesse
               other
               ,
               and
               both
               shall
               be
               blessed
               by
               the
               Almighty
               .
            
          
           
             
               CASE
               IX
               .
            
             
               Whether
               I
               need
               in
               case
               of
               some
               foule
               sin
               ,
               committed
               by
               mee
               ,
               to
               have
               recourse
               to
               Gods
               Minister
               for
               absolution
               ;
               and
               what
               effect
               I
               may
               expect
               therefrom
               .
            
             
               A
               Meane
               would
               do
               well
               betwixt
               two
               extremes
               ;
               the
               careless
               neglect
               of
               our
               spirituall
               fathers
               on
               the
               one
               side
               ,
               and
               too
               confident
               reliance
               upon
               their
               power
               ,
               on
               the
               other
               :
               some
               there
               are
               that
               doe
               so
               over-trust
               their
               leaders
               eyes
               ,
               that
               they
               care
               not
               to
               see
               with
               their
               own
               ;
               others
               dare
               so
               trust
               their
               own
               judgement
               ,
               that
               they
               think
               they
               may
               sleight
               their
               spiritual
               
               guides
               :
               there
               can
               be
               no
               safety
               for
               the
               soul
               ,
               but
               in
               a
               mid-way
               betwixt
               both
               these
               .
            
             
               At
               whose
               gyrdle
               the
               keyes
               of
               the
               kingdom
               of
               heaven
               doe
               hang
               ,
               mee
               thinks
               wee
               should
               not
               need
               dispute
               ,
               when
               we
               hear
               our
               Saviour
               so
               expresly
               deliver
               them
               to
               Peter
               ,
               in
               the
               name
               of
               the
               rest
               of
               his
               fellowes
               ;
               and
               afterwards
               to
               all
               his
               Apostles
               ,
               and
               their
               lawfull
               successors
               in
               the
               dispensation
               of
               the
               doctrine
               and
               discipline
               of
               his
               Church
               :
               In
               the
               dispensation
               of
               doctrine
               to
               all
               his
               faithfull
               Ministers
               under
               the
               Gospell
               ;
               In
               the
               dispensation
               of
               discipline
               to
               those
               that
               are
               entrusted
               with
               the
               mannaging
               of
               Church-government
               ;
               with
               these
               latter
               we
               meddle
               not
               ;
               neither
               need
               we
               ,
               if
               we
               had
               occasion
               ;
               after
               the
               so
               learned
               &
               elaborate
               discourse
               of
               the
               power
               of
               the
               Keyes
               ,
               set
               forth
               by
               judicious
               Doctor
               Hammond
               ;
               to
               which
               I
               suppose
               nothing
               can
               be
               added
               .
               The
               
               former
               is
               that
               which
               lies
               before
               us
               :
               Doubtlesse
               ,
               every
               true
               minister
               of
               Christ
               ,
               hath
               by
               virtue
               of
               his
               first
               and
               everlasting
               commission
               ,
               two
               keyes
               delivered
               in
               his
               hand
               ;
               the
               key
               of
               knowledg
               ,
               and
               the
               key
               of
               spirituall
               power
               :
               the
               one
               ,
               whereby
               he
               is
               enabled
               to
               enter
               and
               search
               into
               ,
               not
               only
               the
               revealed
               mysteries
               of
               salvation
               ,
               but
               also
               ,
               in
               some
               sort
               ,
               into
               the
               heart
               of
               the
               penitent
               ;
               there
               discovering
               (
               upon
               an
               ingenious
               revelation
               of
               the
               offender
               )
               both
               the
               nature
               ,
               quality
               ,
               and
               degree
               of
               the
               sinne
               ;
               and
               the
               truth
               ,
               validity
               ,
               and
               measure
               of
               his
               repentance
               :
               The
               other
               whereby
               he
               may
               in
               some
               sort
               either
               lock
               up
               the
               soul
               under
               sin
               ,
               or
               free
               it
               from
               sinne
               ;
               these
               keyes
               were
               never
               given
               him
               ,
               but
               with
               an
               intention
               that
               he
               should
               make
               use
               of
               them
               upon
               just
               occasion
               .
               The
               use
               that
               hee
               may
               and
               must
               make
               of
               them
               is
               both
               generall
               ,
               and
               speciall
               :
               Generall
               ;
               in
               publishing
               the
               
               will
               and
               pleasure
               of
               God
               signified
               in
               his
               word
               ,
               concerning
               sinners
               ;
               pronouncing
               forgivenesse
               of
               sins
               to
               the
               humble
               penitent
               ,
               and
               denouncing
               judgement
               to
               the
               unbeleeving
               ,
               and
               obdured
               sinner
               :
               In
               which
               regard
               ,
               he
               is
               as
               the
               Herald
               of
               the
               Almighty
               ,
               proclaming
               war
               and
               just
               indignation
               to
               the
               obstinate
               ;
               and
               tendring
               terms
               of
               pardon
               and
               peace
               to
               the
               relenting
               and
               contrite
               soule
               :
               or
               rather
               ,
               as
               the
               Apostle
               stiles
               him
               ,
               2
               
                 Cor.
                 5.
                 20.
              
               
               Gods
               Ambassador
               offering
               and
               suing
               for
               the
               reconciliation
               of
               men
               to
               God
               ;
               and
               if
               that
               be
               refused
               ,
               menacing
               just
               vengeance
               to
               sinners
               .
            
             
               Speciall
               ,
               in
               a
               particular
               application
               of
               this
               knowledge
               and
               power
               to
               the
               soul
               of
               that
               sinner
               which
               makes
               his
               addresse
               unto
               him
               :
               Wherein
               must
               be
               inquired
               both
               what
               necessity
               there
               is
               of
               this
               recourse
               ,
               and
               what
               aid
               and
               comfort
               it
               may
               bring
               to
               the
               soul.
               
            
             
             
               Two
               cases
               there
               are
               wherein
               certainly
               there
               is
               a
               necessity
               of
               applying
               our selves
               to
               the
               judgement
               of
               our
               spirituall
               guides
               ;
               The
               first
               is
               in
               our
               doubt
               of
               the
               nature
               and
               quality
               of
               the
               fact
               ;
               whether
               it
               be
               a
               sin
               ,
               or
               no
               sinne
               ;
               for
               both
               many
               sinnes
               are
               so
               gilded
               over
               with
               fair
               pretences
               and
               colourable
               circumstances
               ,
               that
               they
               are
               not
               to
               be
               de
               cryed
               but
               by
               judicious
               eyes
               ;
               and
               some
               actions
               which
               are
               of
               themselves
               indifferent
               ,
               may
               by
               a
               scrupulous
               conscience
               be
               mistaken
               for
               hainous
               offences
               :
               Whither
               should
               we
               goe
               in
               these
               doubts
               but
               to
               our
               Counsaile
               learned
               in
               the
               Lawes
               of
               God
               ;
               of
               whom
               God
               himself
               hath
               said
               by
               his
               
                 Prophet
                 .
                 The
                 Priests
                 lips
                 should
                 keep
                 knowledge
                 ;
                 and
                 they
                 should
                 seeke
                 the
                 Law
                 at
                 his
                 mouth
                 ;
                 for
                 he
                 is
                 the
                 messenger
                 of
                 the
                 Lord
                 of
                 Hosts
                 .
              
               Mal.
               2.
               7.
               
            
             
               The
               second
               is
               in
               the
               irresoluble
               condition
               of
               our
               souls
               after
               a
               known
               
               sin
               committed
               ;
               wherein
               the
               burdened
               conscience
               not
               being
               able
               to
               give
               ease
               unto
               it self
               ,
               seeks
               for
               aid
               to
               the
               sacred
               hand
               of
               Gods
               Penetentiary
               here
               on
               earth
               ,
               &
               there
               may
               find
               it
               ;
               That
               is
               ,
               that
               which
               Elihu
               ,
               as
               upon
               experience
               ,
               suggesteth
               unto
               Job
               ,
               on
               his
               dunghill
               :
               
                 Job
                 33.
                 22.
                 
                 The
                 soul
                 of
                 the
                 remorsed
                 draweth
                 near
                 to
                 the
                 grave
                 ,
                 and
                 his
                 life
                 to
                 the
                 destroyers
                 :
              
               ver
               .
               23.
               
               
                 But
                 if
                 there
                 bee
                 a
                 messenger
              
               (
               of
               God
               )
               
                 with
                 him
                 ,
                 an
                 interpreter
                 ,
                 one
                 of
                 a
                 thousand
                 ,
                 to
                 shew
                 unto
                 man
                 his
                 uprightnesse
                 ,
              
               (
               and
               the
               soundnesse
               of
               his
               repentance
               )
               ver
               .
               24.
               
                 then
                 is
              
               (
               God
               )
               
                 Gratious
                 unto
                 him
                 ,
                 and
                 saith
                 ,
                 Deliver
                 him
                 from
                 going
                 down
                 into
                 the
                 pit
                 ;
                 I
                 have
                 found
                 a
                 ransome
                 ,
                 &c.
              
               ver
               .
               26.
               
               
                 Hee
                 shall
                 pray
                 unto
                 God
                 ;
                 and
                 he
                 will
                 be
                 favorable
                 unto
                 him
                 ;
                 and
                 hee
                 shall
                 see
                 his
                 face
                 with
                 joy
                 .
              
               In
               case
               of
               some
               dangerous
               sicknesse
               of
               the
               body
               ,
               wee
               trust
               not
               our
               owne
               skill
               ,
               nor
               some
               ignorant
               quack-salvers
               ,
               but
               seek
               to
               a
               learned
               
               and
               experienced
               Physitian
               for
               the
               prescription
               of
               some
               sure
               remedies
               ;
               whereas
               ,
               if
               it
               be
               but
               for
               a
               sore
               finger
               ,
               or
               a
               tooth-ach
               ,
               we
               care
               only
               to
               make
               use
               of
               our
               own
               receits
               :
               And
               so
               in
               civil
               quarels
               ;
               if
               it
               be
               only
               som
               sleight
               brabble
               ,
               wee
               thinke
               to
               compose
               it
               alone
               ;
               but
               if
               it
               be
               som
               maine
               question
               importing
               our
               free
               hold
               ,
               wee
               are
               glad
               to
               waite
               on
               the
               stairs
               of
               some
               judicious
               Lawyer
               ,
               and
               to
               fee
               him
               for
               advice
               :
               How
               much
               more
               is
               it
               thus
               in
               the
               perilous
               condition
               of
               our
               soules
               ;
               which
               as
               it
               is
               a
               part
               farre
               more
               precious
               then
               its
               earthly
               Tabernacle
               ,
               so
               the
               diseases
               whereto
               it
               is
               subject
               ,
               are
               infinitely
               more
               dangerous
               and
               deadly
               .
            
             
               Is
               your
               heart
               therfore
               embroyled
               within
               you
               ,
               with
               the
               guilt
               of
               some
               hainous
               sin
               ?
               labour
               what
               you
               may
               to
               make
               your
               peace
               with
               Heaven
               ;
               humble
               your self
               unto
               the
               dust
               before
               the
               Majesty
               whom
               you
               have
               offended
               ;
               
               beat
               your
               guilty
               brest
               ,
               water
               your
               cheeks
               with
               your
               tears
               ;
               &
               cry
               mightily
               to
               the
               father
               of
               mercies
               for
               a
               gracious
               remission
               ;
               but
               if
               after
               all
               these
               penitent
               endevours
               you
               finde
               your
               soule
               still
               unquiet
               ;
               and
               not
               sufficiently
               apprehensive
               of
               a
               free
               and
               full
               forgiveness
               ;
               betake
               your selfe
               to
               Gods
               faithfull
               agent
               for
               peace
               ;
               run
               to
               your
               ghostly
               Physitian
               ,
               lay
               your
               bosome
               open
               before
               him
               ;
               flatter
               not
               your
               own
               condition
               ;
               let
               neither
               feare
               nor
               shame
               stay
               his
               hand
               from
               probing
               and
               searching
               the
               wound
               to
               the
               bottome
               ;
               and
               that
               being
               done
               ,
               make
               carefull
               use
               of
               such
               spirituall
               applications
               as
               shall
               be
               by
               him
               administred
               to
               you
               :
               This
               ,
               this
               is
               the
               way
               to
               a
               perfect
               recovery
               ,
               and
               fulness
               of
               comfort
               .
            
             
               But
               you
               easily
               grant
               that
               there
               may
               be
               very
               wholsome
               use
               of
               the
               ghostly
               counsell
               of
               your
               Minister
               in
               the
               case
               of
               a
               troubled
               soule
               ;
               but
               you
               
               doubt
               of
               the
               validity
               and
               power
               of
               his
               absolution
               ;
               concerning
               which
               it
               was
               a
               just
               question
               of
               the
               Scribes
               in
               the
               Gospell
               ;
               
                 Who
                 can
                 forgive
                 sinnes
                 but
                 God
                 only
                 ?
              
               Mar.
               2.
               6.
               
               Our
               Saviour
               therefore
               to
               prove
               that
               he
               had
               this
               power
               ,
               argues
               it
               from
               his
               divine
               omnipotence
               ;
               
                 He
                 only
                 hath
                 authority
                 to
                 forgive
                 sinnes
                 ,
              
               (
               ver
               .
               7.
               )
               that
               can
               say
               to
               the
               decrepit
               paralytick
               ;
               
                 Arise
                 ,
                 take
                 up
                 thy
                 bed
                 and
                 walke
              
               ;
               (
               ver
               .
               9.
               )
               none
               but
               a
               God
               can
               by
               his
               command
               effect
               this
               ;
               he
               is
               therefore
               the
               true
               God
               that
               may
               absolutely
               say
               ,
               
                 Thy
                 sins
                 be
                 forgiven
                 thee
              
               ,
               (
               ver
               .
               10.
               )
               Indeede
               ,
               how
               can
               it
               be
               otherwise
               ?
               Against
               God
               only
               is
               our
               sin
               committed
               ,
               against
               man
               only
               in
               the
               relation
               that
               man
               hath
               to
               God
               ;
               He
               only
               can
               know
               the
               depth
               of
               the
               malignity
               of
               sin
               ,
               who
               only
               knowes
               the
               soule
               wherein
               it
               is
               forged
               ;
               He
               only
               who
               is
               Lord
               of
               the
               Soule
               ,
               the
               God
               of
               spirits
               ,
               can
               punish
               the
               Soule
               for
               sinning
               ;
               
               Hee
               only
               that
               is
               infinite
               can
               doome
               the
               sinfull
               soule
               to
               infinite
               torments
               ;
               He
               only
               therefore
               it
               must
               be
               ,
               that
               can
               release
               the
               guilty
               Soule
               from
               sin
               and
               punishment
               ,
               If
               therefore
               man
               ,
               or
               Angell
               shall
               challenge
               to
               himselfe
               this
               absolute
               power
               to
               forgive
               sin
               let
               him
               be
               accursed
               ,
            
             
               Yet
               withall
               it
               must
               be
               yeelded
               ,
               that
               the
               blessed
               son
               of
               God
               spake
               not
               those
               words
               of
               his
               last
               commission
               in
               vaine
               ;
               
                 Whos
                 's
                 soever
                 sins
                 ye
                 remit
                 ,
                 they
                 are
                 remitted
                 unto
                 them
                 ;
                 and
                 whose
                 soever
                 sinnes
                 ye
                 retaine
                 ,
                 they
                 are
                 retained
                 .
              
               John
               20.
               23.
               neither
               were
               they
               spoken
               to
               the
               then
               present
               Apostles
               only
               ,
               but
               in
               them
               to
               all
               their
               faithfull
               successors
               to
               the
               end
               of
               the
               world
               .
            
             
               It
               cannot
               therfore
               but
               be
               granted
               ,
               that
               there
               is
               some
               kind
               of
               power
               left
               in
               the
               hand
               of
               Christs
               ministers
               ,
               both
               to
               remit
               and
               retain
               sin
               :
               Neither
               is
               this
               power
               given
               only
               to
               the
               
               Governors
               of
               the
               Church
               ,
               in
               respect
               of
               the
               censures
               to
               be
               inflicted
               or
               relaxed
               by
               them
               ,
               but
               to
               all
               Gods
               faithfull
               ministers
               ,
               in
               relation
               to
               the
               sins
               of
               men
               :
               A
               power
               not
               soveraign
               and
               absolute
               ,
               but
               limited
               &
               ministeriall
               ,
               for
               either
               quieting
               the
               conscience
               of
               the
               penitent
               ,
               or
               further
               aggravating
               the
               conscience
               of
               sin
               and
               terror
               of
               judgement
               to
               the
               obstinate
               and
               rebellious
               :
               Neither
               is
               this
               only
               by
               way
               of
               a
               bare
               verball
               declaration
               ,
               (
               which
               might
               proceed
               from
               any
               other
               lips
               )
               but
               in
               the
               way
               of
               an
               operative
               and
               effectuall
               application
               ,
               by
               virtue
               of
               that
               delegate
               ,
               or
               commissionary
               authority
               which
               is
               by
               Christ
               entrusted
               with
               them
               :
               For
               certainly
               ,
               our
               Saviour
               meant
               in
               these
               words
               to
               conferre
               somwhat
               upon
               his
               Ministers
               ,
               more
               then
               the
               rest
               of
               the
               world
               should
               be
               capable
               to
               receive
               ,
               or
               perform
               ,
               The
               absolution
               therefore
               of
               an
               authorized
               person
               must
               needs
               be
               
               of
               greater
               force
               and
               efficacy
               then
               of
               any
               private
               man
               ,
               how
               learned
               or
               holy
               soever
               ;
               since
               it
               is
               grounded
               upon
               the
               institution
               and
               commission
               of
               the
               Sonne
               of
               God
               ,
               from
               which
               all
               power
               and
               virtue
               is
               derived
               to
               all
               his
               ordinances
               ▪
               and
               we
               may
               wel
               say
               ,
               that
               whatsoever
               is
               in
               this
               case
               ,
               done
               by
               Gods
               minister
               (
               the
               key
               not
               erring
               )
               is
               ratified
               in
               heaven
               :
               It
               cannot
               therfore
               but
               be
               a
               great
               comfort
               ,
               and
               cordiall
               assurance
               to
               the
               penitent
               soule
               to
               heare
               the
               messenger
               of
               God
               (
               after
               a
               careful
               inquisition
               into
               his
               spiritual
               estate
               and
               true
               fight
               of
               his
               repentance
               )
               in
               the
               name
               of
               the
               Lord
               Jesus
               pronouncing
               to
               him
               the
               full
               remission
               of
               all
               his
               sinnes
               .
            
             
               And
               if
               either
               the
               blessing
               or
               curse
               of
               a
               father
               goe
               deeper
               with
               us
               ,
               then
               of
               any
               other
               whosoever
               ;
               although
               but
               proceeding
               from
               his
               own
               privat
               affection
               ,
               without
               any
               warrant
               from
               above
               ;
               how
               forcible
               shall
               we
               esteem
               
               the
               (
               not
               so
               much
               apprecatory
               ,
               as
               declaratory
               )
               benedictions
               ,
               of
               our
               spirituall
               Fathers
               ,
               sent
               to
               us
               ,
               out
               of
               Heaven
               ?
            
             
               Although
               therefore
               you
               may
               perhaps
               ,
               through
               Gods
               goodnesse
               ,
               attaine
               to
               such
               a
               measure
               of
               knowledg
               and
               resolution
               ,
               as
               to
               be
               able
               to
               give
               your self
               satisfaction
               concerning
               the
               state
               of
               your
               soul
               ;
               yet
               it
               cannot
               be
               amisse
               ,
               out
               of
               an
               abundant
               caution
               to
               take
               Gods
               minister
               along
               with
               you
               ,
               and
               making
               him
               of
               your
               spirituall
               Counsaile
               ,
               to
               unbosome
               your selfe
               to
               him
               freely
               ,
               for
               his
               fatherly
               advice
               and
               concurrence
               :
               The
               neglect
               whereof
               ,
               through
               a
               kinde
               of
               eyther
               strangenesse
               of
               mis-conceit
               ,
               is
               certainly
               not
               a
               little
               disadvantageous
               to
               the
               soules
               of
               many
               good
               Christians
               .
               The
               Romish
               Laity
               makes
               either
               Oracles
               or
               Idols
               of
               their
               Ghostly
               Fathers
               ;
               if
               we
               make
               Ciphers
               of
               ours
               ,
               I
               know
               not
               whether
               we
               be
               more
               injurious
               
               to
               them
               ,
               or
               our selves
               .
               We
               go
               not
               about
               to
               rack
               your
               consciences
               to
               a
               forced
               and
               exquisite
               confession
               ,
               under
               the
               pain
               of
               a
               no-remission
               ,
               but
               wee
               perswade
               you
               for
               your
               owne
               good
               ,
               to
               be
               more
               intimate
               with
               ,
               and
               less
               reserved
               from
               ,
               those
               whom
               God
               hath
               set
               over
               you
               for
               your
               direction
               ,
               comfort
               ,
               salvation
               .
            
          
           
             
               CASE
               X.
               
            
             
               Whither
               it
               bee
               lawfull
               for
               a
               man
               that
               is
               not
               a
               professed
               Divine
               ,
               that
               is
               (
               as
               we
               for
               distinction
               are
               wont
               to
               call
               him
               )
               for
               a
               laick
               person
               ,
               to
               take
               upon
               him
               to
               interpret
               the
               Scripture
               .
            
             
               MAny
               distinct
               considerations
               had
               neede
               to
               make
               way
               to
               the
               answere
               .
            
             
               First
               ,
               it
               is
               one
               thing
               for
               a
               man
               to
               interpret
               Scripture
               ,
               another
               thing
               to
               take
               upon
               him
               the
               function
               of
               
               preaching
               the
               Gospell
               ,
               which
               was
               perhaps
               in
               your
               intention
               ;
               this
               is
               far
               more
               large
               then
               the
               other
               ,
               every
               mā
               that
               preacheth
               interpreteth
               the
               Scripture
               ,
               but
               every
               one
               that
               interprets
               Scripture
               doth
               not
               preach
               .
               To
               interpret
               Scripture
               is
               only
               to
               give
               the
               sense
               of
               a
               Text
               ;
               but
               to
               Preach
               is
               to
               divide
               the
               Word
               aright
               ;
               to
               apply
               it
               to
               the
               Conscience
               of
               the
               hearer
               ;
               and
               in
               an
               authoritative
               way
               to
               reprove
               sin
               ,
               and
               denounce
               judgement
               against
               sinners
               ;
               to
               lay
               forth
               the
               sweete
               promises
               of
               the
               Gospell
               to
               the
               faithfull
               and
               penitent
               ;
               for
               the
               performing
               whereof
               there
               must
               be
               a
               commission
               to
               Gods
               minister
               from
               him
               that
               sends
               him
               ;
               upon
               which
               the
               Apostle
               hath
               pronounced
               a
               (
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               )
               
                 Who
                 is
                 suffiicient
                 for
                 these
                 things
                 ?
              
            
             
               Secondly
               ,
               it
               must
               bee
               considered
               in
               what
               nature
               ,
               &
               within
               what
               compass
               the
               interpretation
               is
               ;
               for
               doubtlesse
               the
               just
               degrees
               of
               callings
               must
               
               be
               herein
               duly
               observed
               ;
               whether
               in
               a
               publique
               way
               ;
               as
               Pastors
               of
               congregations
               ;
               or
               in
               a
               private
               way
               ,
               as
               masters
               of
               families
               ;
               whether
               in
               the
               schooles
               ,
               in
               a
               meere
               Grammaticall
               way
               ;
               or
               in
               the
               Church
               ,
               in
               a
               predicatory
               .
            
             
               Thirdly
               ,
               it
               must
               be
               considered
               ,
               as
               what
               the
               calling
               ,
               so
               what
               the
               gifts
               are
               of
               the
               interpreter
               :
               for
               surely
               ;
               meere
               interpretation
               doth
               not
               depend
               upon
               the
               profession
               ,
               but
               upon
               the
               faculty
               of
               the
               undertaker
               ;
               whether
               he
               be
               learned
               ,
               or
               ignorant
               ;
               whether
               skilfull
               in
               languages
               and
               arts
               (
               which
               certainly
               must
               be
               required
               in
               whosoever
               would
               put
               forth
               his
               hand
               to
               so
               holy
               and
               great
               a
               work
               ,
               or
               whether
               inexpert
               in
               both
               :
               where
               these
               gifts
               of
               interpretation
               ,
               and
               eminent
               endowments
               of
               learning
               are
               found
               ,
               there
               can
               be
               no
               reason
               of
               restraining
               them
               from
               an
               exercise
               so
               beneficially
               edificatory
               to
               the
               Church
               of
               God
               :
               
               without
               which
               the
               truth
               of
               Christian
               religion
               had
               wanted
               much
               both
               of
               her
               vigour
               ,
               and
               lustre
               in
               all
               generations
               .
               How
               famously
               is
               it
               known
               that
               Origen
               before
               his
               entring
               into
               holy
               Orders
               ,
               even
               at
               eighteene
               yeeres
               of
               his
               age
               entred
               into
               that
               great
               worke
               of
               his
               Catechisings
               :
               
                 Act.
                 18.
                 24.
                 25.
                 
                 Apollos
              
               the
               Alexandrian
               was
               an
               
                 eloquent
                 man
                 ,
                 and
                 mighty
                 in
                 scriptures
                 ,
                 and
                 taught
                 diligently
                 the
                 things
                 of
                 the
                 Lord
                 ;
                 yet
                 knew
                 nothing
                 but
                 the
                 Baptisme
                 of
              
               John
               ,
               till
               Aquila
               and
               Priscilla
               took
               him
               to
               task
               ,
               and
               
                 more
                 perfectly
                 expounded
                 to
                 him
                 the
                 way
                 of
                 God
              
               ;
               and
               what
               happy
               use
               it
               pleased
               God
               to
               make
               of
               laick
               hands
               ,
               for
               both
               the
               defence
               and
               propagation
               of
               the
               Gospell
               ,
               we
               need
               no
               other
               witnesse
               then
               S.
               Jerome
               ;
               who
               hath
               memoriz'd
               amongst
               the
               primitive
               Christians
               ,
               
                 Aristides
                 ,
                 Agrippa
                 ,
                 Hegesippus
                 ,
                 Justine
                 ,
                 Musanus
                 ,
                 Modestinus
                 ,
              
               both
               the
               
                 Apollonii
                 ,
                 Heraclius
                 ,
                 Maximus
              
               ,
               and
               
               many
               others
               ,
               whom
               God
               raised
               up
               amongst
               the
               learned
               laity
               of
               those
               times
               ,
               to
               Apologize
               for
               Christianity
               ;
               And
               in
               the
               last
               foregoing
               age
               ,
               how
               scarce
               removed
               out
               of
               our
               sight
               ,
               are
               
                 Laurentius
                 Valla
              
               ,
               both
               the
               Earles
               of
               
                 Mirandula
                 ,
                 Capnio
                 ,
                 Fagius
                 ,
                 sof
                 an
                 instan
                 Erasmus
                 ,
                 Faber
                 ,
              
               and
               the
               rest
               of
               those
               famous
               way-makers
               to
               the
               succeeding
               restitution
               of
               the
               evangelicall
               truth
               :
               And
               what
               a
               treasure
               in
               this
               kind
               had
               the
               Church
               of
               God
               lost
               ,
               if
               it
               should
               have
               missed
               the
               learned
               annotations
               upon
               the
               Scripture
               ,
               derived
               to
               us
               from
               the
               hands
               of
               
                 Mercerus
                 ,
                 Joseph
                 Scaliger
                 ,
                 Drusius
                 ,
              
               both
               
                 Causaubons
                 ,
                 Tilenus
                 ,
                 Grotius
                 ,
                 Heinsius
                 ,
                 Selden
                 ,
              
               and
               such
               other
               expert
               philogists
               ,
               never
               initiated
               into
               sacred
               Orders
               ?
            
             
               Fourthly
               ,
               due
               and
               serious
               consideration
               must
               be
               had
               of
               the
               interpretation
               it selfe
               ;
               that
               it
               bee
               genuine
               and
               orthodox
               :
               for
               there
               can
               be
               nothing
               in
               the
               world
               more
               dangerous
               then
               to
               
               mis-construe
               God
               speaking
               to
               us
               in
               his
               Word
               ;
               and
               to
               affixe
               upon
               his
               Divine
               Oracles
               a
               sense
               of
               our
               owne
               ,
               quite
               dissonant
               from
               the
               intention
               of
               that
               spirit
               of
               Truth
               :
               Care
               therfore
               must
               be
               taken
               that
               the
               intepretation
               given
               ,
               be
               every
               way
               conform
               to
               the
               Analogy
               of
               faith
               ,
               and
               fully
               accordant
               to
               other
               Scripture
               ;
               the
               neglect
               wherof
               ,
               through
               either
               ignorance
               or
               misprision
               hath
               bred
               many
               foul
               and
               perilous
               soloecismes
               in
               Divinity
               ;
               To
               give
               you
               a
               taste
               of
               too
               full
               a
               dish
               :
               In
               the
               18.
               of
               Ecclesiasticus
               *
               ,
               where
               the
               vulgar
               reades
               ,
               
                 Hee
                 that
                 lives
                 for
                 ever
                 created
                 all
                 things
                 at
                 once
                 :
              
               some
               ,
               and
               those
               no
               mean
               ones
               ,
               of
               the
               Ancient
               ,
               followed
               also
               by
               latter
               interpreters
               ,
               have
               been
               misled
               into
               an
               ungrounded
               conceit
               of
               an
               instan●any
               &
               entire
               creation
               of
               the
               world
               ,
               and
               all
               the
               parts
               thereof
               ,
               in
               the
               first
               moment
               of
               time
               ;
               whereas
               the
               Scripture
               hath
               
               expresly
               and
               punctually
               set
               down
               the
               several
               six
               dayes
               ,
               wherein
               each
               part
               of
               it
               was
               distinctly
               formed
               :
               which
               those
               misconstruers
               are
               fain
               to
               understand
               of
               the
               distinct
               notifications
               given
               to
               the
               Angels
               ,
               concerning
               this
               almighty
               work
               :
               and
               what
               curious
               subtleties
               have
               beene
               hereupon
               raised
               by
               our
               school-Divines
               ,
               *
               is
               more
               fit
               to
               be
               past
               over
               with
               an
               unpleasing
               smile
               ,
               then
               to
               be
               seriously
               recounted
               ;
               whereas
               the
               intention
               of
               the
               place
               ,
               is
               only
               to
               signify
               that
               God
               made
               all
               things
               in
               the
               universall
               world
               ,
               that
               have
               any
               being
               ;
               intimating
               not
               the
               time
               of
               creation
               ,
               but
               (
               as
               our
               †
               Version
               hath
               it
               )
               the
               generality
               of
               things
               created
               .
            
             
               What
               advantage
               the
               blasphemous
               Arrians
               have
               formerly
               taken
               from
               the
               mis-interpretation
               of
               
                 Proverbs
                 6.
                 22.
              
               where
               Wisdom
               is
               brought
               in
               
               (
               by
               the
               mistaking
               of
               som
               ancients
               )
               to
               say
               ,
               *
               
                 The
                 Lord
                 created
                 me
              
               (
               in
               stead
               of
               
                 possessed
                 me
                 )
                 in
                 the
                 beginning
                 of
                 his
                 way
                 ,
                 before
                 his
                 works
                 of
                 old
                 ,
              
               is
               more
               worthy
               of
               indignation
               ,
               then
               any
               farther
               prosecution
               .
               But
               most
               pregnant
               and
               notable
               is
               the
               grosse
               mis-prision
               of
               a
               late
               famous
               school-man
               ,
               
                 Franciscus
                 d'
                 Arriba
              
               ,
               Confessor
               to
               the
               late
               Queen
               Mother
               of
               France
               ,
               who
               to
               maintain
               that
               new
               way
               of
               reconciling
               that
               scholasticall
               difference
               among
               the
               Roman
               doctors
               ,
               concerning
               the
               effectual
               aid
               of
               Divine
               Grace
               ,
               depending
               or
               not
               depending
               upon
               free
               will
               (
               about
               which
               he
               had
               60
               daies
               disputation
               with
               Cardinall
               Ascoly
               &
               Cardinall
               Bellarmine
               ;
               shewing
               how
               it
               might
               well
               be
               maintained
               without
               the
               devises
               of
               physicall
               predeterminations
               ,
               or
               that
               
                 scientia
                 media
              
               of
               our
               late
               Jesuites
               )
               relies
               chiefly
               for
               his
               opinion
               upon
               that
               Text
               of
               Esay
               †
               
               45.
               11.
               
               
                 Haec
                 dicit
                 Dominus
                 sanctus
                 Israelis
                 qui
                 fecit
                 ventura
                 ,
                 Thus
                 saith
                 the
                 Lord
                 the
                 holy
                 one
                 of
                 Israel
                 who
                 hath
                 made
                 things
                 to
                 come
              
               ;
               following
               a
               mis-edition
               of
               the
               Vulgar
               which
               perverts
               the
               sense
               ,
               by
               making
               a
               wrong
               stop
               in
               the
               sentence
               ,
               whereas
               their
               owne
               Montanus
               ,
               &
               any
               other
               that
               hath
               but
               seen
               the
               hebrew
               Text
               ,
               would
               read
               it
               ;
               
                 Haec
                 dicit
                 Dominus
                 sanctus
                 Israelis
                 qui
                 fecit
                 eum
                 ;
                 Ventura
                 interrogate
                 me
                 :
                 Thus
                 saith
                 the
                 Lord
                 the
                 holy
                 one
                 of
                 Israel
                 ;
                 and
                 his
                 maker
                 :
                 Ask
                 me
                 of
                 things
                 to
                 come
                 concerning
                 my
                 sonnes
                 ,
                 &c.
              
               referring
               the
               
                 ventura
                 ,
                 (
                 things
                 to
                 come
                 )
              
               to
               the
               following
               interrogate
               .
               So
               Poza
               the
               late
               extravagant
               Doctor
               of
               Spain
               in
               the
               maintenance
               of
               his
               novel
               opinions
               against
               Fathers
               and
               Councels
               ,
               pressed
               against
               him
               ,
               stands
               upon
               his
               defence
               ,
               out
               of
               the
               Synod
               of
               
                 Constātinople
                 ,
                 Act.
                 5.
              
               grounded
               upon
               *
               the
               
               words
               of
               miscalled
               
                 Solomon
                 ;
                 Beat
                 usqui
                 praedicat
                 verbum
                 inauditum
              
               ;
               corrupting
               both
               the
               Text
               &
               the
               Councell
               ;
               whereas
               it
               should
               be
               read
               ,
               
                 verbum
                 inauditum
                 obedientis
              
               :
               and
               the
               Councell
               hath
               it
               aright
               ,
               (
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               :
               )
               as
               ours
               turns
               it
               likewise
               ,
               
                 well
                 is
                 be
                 that
                 speaketh
                 in
                 the
                 eares
                 of
                 them
                 that
                 will
                 heare
                 :
              
               It
               were
               easie
               to
               fill
               a
               just
               volume
               with
               instances
               of
               this
               kind
               .
            
             
               To
               this
               purpose
               it
               will
               be
               requisite
               to
               make
               use
               of
               all
               those
               helps
               that
               may
               enable
               an
               interpreter
               to
               understand
               the
               Scriptures
               ;
               whether
               those
               that
               are
               internall
               in
               it self
               ;
               or
               externall
               from
               other
               supplies
               :
               of
               the
               former
               kind
               are
               a
               diligent
               sifting
               of
               the
               context
               and
               inference
               ,
               and
               a
               carefull
               comparing
               and
               conferring
               of
               one
               Scripture
               with
               another
               ,
               for
               all
               truths
               agree
               with
               themselves
               ;
               &
               this
               word
               of
               God
               is
               the
               Sun
               that
               gives
               us
               light
               to
               see
               it self
               Externall
               ;
               where
               it
               will
               
               be
               needefull
               to
               call
               both
               for
               the
               aid
               of
               arts
               and
               tongues
               ;
               and
               for
               the
               testimonies
               and
               judgements
               of
               reverend
               antiquity
               ,
               and
               the
               not-to-be-neglected
               authority
               of
               modern
               Doctors
               ;
               and
               thirdly
               ,
               a
               due
               regard
               of
               those
               golden
               rules
               of
               Interpreting
               ;
               which
               are
               recommended
               to
               posteeity
               by
               the
               learned
               Penns
               of
               Clemens
               of
               
                 Alexandria
                 ,
                 Hierome
                 ,
                 Augustine
                 ,
                 Gerson
                 ,
                 Hyperius
                 ,
                 Illyricus
                 ,
                 Jacobus
                 Matthias
                 ,
              
               and
               others
               ;
               which
               ,
               as
               meet
               for
               a
               volume
               apart
               ,
               may
               not
               expect
               to
               finde
               a
               roome
               in
               so
               concise
               a
               Tractate
               .
            
             
               The
               want
               and
               neglect
               of
               all
               which
               requisites
               what
               strange
               work
               it
               must
               needs
               make
               with
               the
               simple
               and
               unlettered
               ,
               wee
               may
               well
               conceive
               ,
               when
               great
               Clerks
               have
               hereupon
               bewrayed
               so
               foul
               and
               palpable
               miscarriage
               .
            
             
               Albinus
               ,
               the
               learned
               master
               of
               Charles
               the
               great
               ,
               writing
               upon
               John
               
               finding
               it
               said
               of
               Judas
               that
               having
               received
               the
               Sop
               ,
               hee
               went
               immediatly
               out
               ;
               
                 Et
                 erat
                 nox
              
               ;
               and
               it
               was
               night
               ;
               puts
               both
               together
               as
               spoken
               of
               Judas
               ;
               He
               (
               saith
               hee
               )
               was
               the
               night
               that
               went
               out
               ;
               as
               Christ
               is
               the
               day
               that
               gives
               knowledge
               to
               his
               disciples
               ,
               that
               were
               day
               too
               ;
               so
               Judas
               ,
               the
               night
               ,
               gives
               knowledge
               to
               the
               Jewes
               that
               were
               night
               ,
               of
               a
               traitrous
               wickedness
               ,
               &c.
               
               
            
             
               What
               work
               †
               Bernard
               (
               who
               shewed
               in
               this
               ,
               that
               he
               saw
               not
               all
               things
               )
               makes
               of
               
                 Daemonium
                 meridianum
              
               ,
               the
               noone-day-Devill
               ,
               in
               one
               of
               his
               Sermons
               ,
               is
               evident
               to
               be
               seene
               ;
               yet
               had
               he
               been
               as
               well
               seen
               in
               language
               as
               he
               was
               fervent
               in
               his
               devotion
               ;
               hee
               had
               spared
               that
               discourse
               as
               raised
               from
               a
               meere
               ungrounded
               interpretation
               ;
               there
               being
               no
               Devill
               in
               the
               text
               ;
               but
               a
               phantasme
               of
               his
               deluded
               imagination
               :
               And
               if
               I
               should
               set
               
               forth
               the
               descents
               that
               our
               Postillers
               run
               upon
               the
               names
               of
               Jobs
               three
               daughters
               ,
               I
               should
               seeme
               to
               you
               as
               apt
               to
               sport
               in
               so
               serious
               a
               subject
               ;
               and
               if
               I
               could
               thinke
               it
               worth
               the
               labour
               of
               gathering
               up
               the
               wilde
               senses
               ,
               far-fetcht
               Allegories
               ,
               absurd
               inferences
               ,
               that
               ignorant
               Friers
               have
               fastned
               upon
               Scripture
               ,
               it
               is
               not
               a
               small
               skin
               that
               would
               containe
               that
               Tome
               .
            
             
               Surely
               that
               man
               whosoever
               he
               be
               ,
               that
               would
               be
               hoising
               saile
               in
               these
               deeps
               of
               scripture
               ,
               had
               neede
               to
               bee
               well
               ballast
               ,
               and
               well
               tackled
               ,
               and
               skilfull
               in
               the
               Compasse
               ,
               else
               he
               will
               have
               much
               adoe
               to
               escape
               a
               wrack
               :
               He
               that
               will
               walk
               in
               paths
               of
               danger
               had
               need
               to
               have
               his
               eys
               about
               him
               ;
               an
               hoodwinkt
               man
               may
               easily
               bee
               carried
               against
               a
               post
               :
               and
               hee
               that
               hath
               not
               light
               enough
               to
               see
               his
               own
               way
               ,
               had
               need
               to
               take
               heed
               whom
               he
               trusts
               :
               Hee
               that
               would
               blind-fold
               
               follow
               those
               very
               interpretations
               which
               the
               Church
               of
               Rome
               hath
               commended
               for
               authenticall
               ,
               would
               run
               into
               foul
               and
               dangerous
               absurdities
               :
               let
               me
               single
               out
               som
               few
               confessed
               by
               their
               owne
               Estius
               ,
               and
               
                 Lucas
                 Brugensis
              
               ;
               such
               as
               are
               plainly
               contradictions
               to
               Scripture
               ,
               and
               doe
               ,
               as
               it
               were
               ,
               give
               the
               lye
               to
               Gods
               spirit
               .
               Such
               is
               that
               2
               
                 Sam.
                 8.
                 18.
                 
                 Filii
                 autem
              
               David
               
                 sacerdotes
                 erant
                 ;
                 The
                 sonnes
                 of
              
               David
               
                 were
                 Priests
              
               :
               whereas
               every
               child
               knowes
               that
               the
               Scripture
               frequently
               tells
               us
               none
               could
               be
               priests
               but
               of
               Aarons
               order
               and
               tribe
               ;
               out
               of
               Levies
               loins
               ;
               and
               that
               David
               was
               of
               the
               house
               of
               Judah
               :
               the
               Septuagint
               rightly
               turns
               it
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               *
               .
               Againe
               who
               that
               shall
               finde
               it
               in
               the
               Vulgar
               interpretation
               :
               
                 David
                 desperabat
                 &c.
                 
                 David
                 despaired
              
               that
               he
               could
               escape
               
               from
               the
               face
               of
               Saul
               :
               would
               not
               inferre
               that
               he
               utterly
               distrusted
               Gods
               assurance
               ,
               by
               the
               prophet
               ,
               of
               his
               future
               Kingdom
               ;
               whereas
               the
               originall
               is
               by
               Estius
               his
               own
               confession
               ,
               Festinabat
               ,
               as
               we
               also
               turn
               it
               ,
               
                 David
                 made
                 haste
                 to
                 get
                 away
                 ,
                 &c.
                 
              
               1
               Sam.
               23.
               26.
               
               He
               that
               should
               find
               it
               reported
               of
               one
               of
               the
               sonnes
               of
               
                 Er
                 ,
                 qui
                 stare
                 fecit
                 solem
              
               (
               hee
               that
               made
               the
               Sun
               to
               stand
               stil
               )
               would
               justly
               wonder
               what
               kind
               of
               man
               this
               was
               ,
               that
               had
               been
               so
               long
               obscured
               from
               the
               world
               ,
               &
               yet
               should
               have
               don
               so
               strange
               a
               miracle
               as
               never
               was
               don
               but
               by
               
                 Joshua
                 (
                 1
                 Chron.
                 4.
                 22.
                 
                 )
              
               whereas
               hee
               that
               lookes
               into
               the
               text
               ,
               shall
               finde
               no
               mention
               at
               all
               of
               the
               Sun
               ;
               but
               only
               of
               the
               meer
               proper
               name
               of
               Jechim
               the
               son
               of
               Er.
               
            
             
               He
               that
               shall
               read
               in
               Job
               ,
               where
               God
               speakes
               of
               the
               
                 Leviathan
                 ;
                 Cum
                 sublatus
                 fuerit
              
               (
               i.
               
                 Leviathan
                 )
                 timebunt
                 Angeli
                 &
                 territi
                 purgabuntur
                 ;
                 
                 when
                 he
                 raiseth
                 up
                 himselfe
                 ,
                 the
                 Angels
                 shall
                 feare
                 ,
                 and
                 being
                 terrified
                 shall
                 bee
                 purged
              
               ;
               Job
               .
               41.
               25.
               would
               sure
               think
               this
               Whale
               were
               the
               Devill
               ,
               (
               as
               som
               ancients
               have
               mistaken
               him
               )
               and
               may
               well
               wonder
               how
               the
               good
               Angels
               being
               celestiall
               spirits
               )
               could
               be
               capable
               of
               fear
               ;
               or
               how
               the
               evill
               Angels
               could
               be
               capable
               of
               purging
               :
               when
               the
               text
               hath
               no
               mention
               nor
               thought
               of
               *
               Angels
               ;
               but
               only
               signifying
               the
               strength
               and
               terriblenesse
               of
               the
               Whale
               ,
               expresses
               it
               in
               these
               words
               ;
               
                 When
                 he
                 raiseth
                 up
                 himself
                 the
                 mighty
                 are
                 afraid
                 ;
                 by
                 reason
                 of
                 breakings
                 they
                 purifie
                 themselves
                 .
                 Solomon
              
               was
               faulty
               enough
               in
               his
               Idolatry
               ,
               but
               he
               that
               shall
               read
               1
               
                 Kings
                 11.
                 5.
              
               
               (
               in
               the
               Vulgar
               interpretation
               )
               that
               hee
               went
               after
               Chamosh
               the
               God
               of
               the
               Moabites
               ,
               shall
               adde
               one
               Idoll
               
               more
               to
               him
               then
               we
               find
               him
               guilty
               of
               ;
               Solomon
               was
               in
               his
               holy
               and
               regular
               times
               ;
               1
               
                 King.
                 4.
                 32.
              
               full
               of
               heavenly
               meditations
               and
               divine
               ditties
               ;
               but
               hee
               that
               should
               follow
               the
               Vulgar
               interpretation
               ,
               would
               fasten
               upon
               him
               almost
               *
               four
               thousand
               more
               then
               ever
               he
               owned
               .
            
             
               After
               that
               
                 Merab
                 Sauls
              
               eldest
               daughter
               was
               given
               away
               to
               Adriel
               the
               
                 Meholathite
                 ,
                 1
                 Sam.
                 18.
                 20.
              
               contrary
               to
               engagement
               ,
               hee
               that
               will
               follow
               the
               Vulgar
               ,
               must
               say
               that
               David
               straight
               fell
               in
               love
               with
               Michal
               ,
               the
               other
               sister
               ;
               whereas
               the
               text
               tells
               us
               that
               Michal
               fel
               in
               love
               with
               him
               .
               
            
             
               He
               that
               should
               find
               in
               the
               Vulgar
               construction
               ,
               that
               Saul
               sung
               all
               the
               day
               naked
               before
               Samuel
               in
               Naioth
               ,
               would
               think
               his
               new
               Prophesying
               had
               put
               him
               into
               a
               merry
               vein
               ,
               1
               
                 Sam
                 19.
                 24.
              
               whereas
               the
               text
               only
               tells
               us
               
               that
               hee
               fell
               down
               stripped
               of
               his
               wonted
               clothes
               .
            
             
               He
               that
               should
               find
               in
               the
               Vulgar
               ,
               
                 Psal.
                 71.
                 5.
                 
                 David
              
               reporting
               of
               him●self
               
                 [
                 non
                 novi
                 literaturam
                 ]
                 I
                 know
                 no
                 learning
                 ,
              
               would
               wonder
               at
               the
               Prophets
               disparagement
               of
               his
               skill
               ,
               who
               had
               elsewhere
               professed
               himself
               wiser
               then
               his
               teachers
               ;
               whereas
               all
               that
               he
               sayes
               ,
               is
               *
               that
               the
               mercies
               &
               blessings
               of
               God
               upon
               him
               have
               been
               so
               many
               ,
               that
               he
               knows
               not
               the
               numbers
               thereof
               .
            
             
               He
               that
               should
               find
               the
               7
               Angels
               in
               the
               Revelation
               
                 Vestitos
                 lapide
                 ;
                 cloathed
                 with
                 stone
              
               †
               
                 Rev.
                 15.
                 6.
              
               would
               sure
               think
               them
               buried
               ;
               wheras
               the
               Text
               is
               ,
               
                 clothed
                 in
                 pure
                 white
                 linnen
              
               .
            
             
               And
               what
               do
               you
               imagine
               would
               a
               plain
               reader
               think
               of
               that
               charge
               of
               the
               wise
               man
               ;
               
                 Noli
                 velle
                 mentiri
                 
                 omne
                 mendacium
                 ;
                 Bee
                 not
                 willing
                 to
                 lie
                 all
                 manner
                 of
                 lies
                 ,
                 Ecclus.
                 7.
              
               would
               hee
               not
               straight
               say
               :
               som
               belike
               I
               am
               allowed
               to
               lye
               ?
               whereas
               the
               words
               are
               peremptory
               even
               in
               Estius
               his
               reading
               ,
               according
               to
               ours
               ;
               
                 Use
                 not
                 to
                 make
                 any
                 manner
                 of
                 lyes
                 .
              
            
             
               Yea
               that
               very
               correction
               of
               the
               Vulgar
               interpretation
               which
               Brugensis
               allowes
               and
               magnifies
               ,
               1
               
                 Cor.
                 15.
                 51.
              
               with
               what
               safety
               can
               it
               passe
               the
               judicious
               ;
               whiles
               he
               reades
               ,
               
                 omnes
                 quidem
                 resurgemus
                 ,
                 sed
                 non
                 omnes
                 immutabimur
                 ;
                 Wee
                 shall
                 all
                 rise
                 again
                 ,
                 but
                 we
                 shall
                 not
                 all
                 be
                 changed
                 :
              
               For
               how
               can
               those
               rise
               again
               that
               never
               died
               ?
               how
               are
               those
               capable
               of
               a
               resurrection
               ,
               which
               are
               only
               changed
               ?
               Whereas
               the
               just
               sense
               runnes
               according
               to
               our
               *
               Version
               ,
               
                 We
                 shall
                 not
                 all
                 sleep
                 ,
                 but
                 we
                 shall
                 all
                 bee
                 changed
                 .
              
               For
               those
               that
               are
               found
               alive
               at
               our
               Saviours
               second
               cōming
               shall
               not
               sleep
               
               in
               death
               ;
               yet
               both
               they
               and
               the
               formerly
               dead
               must
               undergoe
               a
               change
               .
            
             
               I
               could
               utterly
               weary
               you
               with
               instances
               ;
               How
               must
               he
               that
               reades
               the
               Apocryphall
               Ecclesiasticus
               ,
               needs
               say
               that
               this
               man
               (
               how
               obscure
               soever
               in
               his
               authority
               )
               saw
               more
               and
               cleerer
               then
               all
               the
               acknowledged
               Prophets
               of
               the
               old
               Testament
               ;
               for
               hee
               hath
               foretold
               us
               expresly
               the
               very
               name
               of
               our
               Lord
               Jesus
               which
               none
               of
               them
               ever
               beforehand
               published
               :
               For
               hee
               
                 (
                 Ecclus.
                 43.
                 23.
                 
              
               )
               speaking
               of
               the
               deep
               Sea
               ,
               is
               read
               in
               the
               Vulgar
               to
               say
               ,
               
                 Plantavit
                 illum
                 dominus
                 Jesus
                 ;
                 The
                 Lord
                 Jesus
                 planted
                 it
                 :
              
               I
               shame
               to
               think
               what
               sport
               a
               Jew
               will
               make
               of
               such
               a
               grosse
               mistaking
               ;
               wherein
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               (
               Jesus
               ,
               is
               mis-read
               for
               )
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               Islands
               ,
               so
               as
               the
               right
               sense
               is
               only
               this
               ;
               
                 God
                 by
                 his
                 Counsell
                 appeaseth
                 the
                 Deepe
                 ,
                 and
                 planteth
                 I
                 stands
                 therein
              
               ;
               But
               I
               forbeare
               ,
               only
               if
               you
               have
               too
               much
               leisure
               ,
               
               you
               may
               be
               pleased
               to
               cast
               your
               eye
               upon
               the
               Margine
               .
               
            
             
             
               In
               these
               and
               many
               more
               (
               for
               I
               meant
               to
               give
               you
               but
               an
               assay
               )
               the
               mistakes
               are
               important
               ,
               and
               such
               as
               make
               no
               small
               change
               in
               the
               Text
               ;
               which
               I
               have
               therefore
               produced
               that
               I
               might
               let
               you
               see
               how
               easie
               it
               is
               for
               a
               man
               that
               takes
               all
               things
               upon
               trust
               to
               be
               abused
               by
               his
               credulity
               ;
               and
               how
               unsafe
               it
               is
               much
               more
               for
               an
               unexpert
               &
               injudicious
               person
               to
               meddle
               with
               the
               holy
               Oracles
               of
               the
               Almighty
               .
            
             
               The
               conclusion
               then
               must
               be
               ,
               that
               however
               it
               may
               bee
               lawfull
               for
               the
               eminently
               learned
               ,
               either
               in
               schooles
               or
               families
               (
               according
               as
               their
               calling
               may
               warrant
               them
               )
               to
               interpret
               even
               difficult
               Scriptures
               ,
               and
               to
               unty
               the
               knots
               of
               a
               Text
               ;
               yet
               since
               not
               many
               are
               thus
               qualified
               ,
               and
               those
               that
               are
               so
               qualified
               ,
               if
               they
               neglect
               to
               follow
               the
               prescribed
               rules
               may
               easily
               miscarry
               ,
               to
               the
               great
               perill
               both
               of
               their
               own
               souls
               ,
               and
               others
               ;
               
               I
               should
               therefore
               advise
               that
               this
               may
               bee
               the
               act
               of
               but
               some
               few
               choice
               persons
               ,
               and
               of
               them
               ,
               with
               all
               possible
               caution
               ;
               and
               that
               ordinary
               Christians
               ,
               if
               they
               have
               a
               desire
               ,
               besides
               all
               fundamentall
               truths
               (
               which
               are
               laid
               down
               openly
               and
               cleerly
               in
               the
               sacred
               Word
               of
               God
               )
               to
               inform
               themselves
               in
               those
               darker
               verities
               ,
               which
               lie
               hidden
               in
               more
               obscure
               Scriptures
               ,
               to
               have
               recourse
               to
               their
               learned
               and
               faithfull
               Pastors
               ;
               and
               rather
               to
               rest
               in
               that
               light
               which
               they
               shal
               receive
               from
               their
               well-digested
               instructions
               ,
               then
               to
               rely
               upon
               their
               own
               (
               perhaps
               confident
               ,
               but
               much
               weaker
               )
               judgement
               .
            
          
        
         
           
           
             RESOLUTIONS
             .
             The
             fourth
             Decade
             .
          
           
             Cases
             Matrimoniall
             .
          
           
             
               CASE
               I.
               
            
             
               Whether
               the
               marriage
               of
               a
               Sonne
               or
               Daughter
               without
               or
               against
               the
               Parents
               consent
               may
               be
               accounted
               lawfull
               .
            
             
               MAtrimony
               ,
               though
               not
               a
               Sacrament
               ,
               yet
               a
               sacred
               institution
               of
               God
               ,
               for
               the
               comfort
               and
               propagation
               of
               mankind
               ;
               is
               so
               fruitfull
               of
               questions
               as
               that
               *
               Sanchez
               the
               Jesuite
               hath
               stuffed
               
               an
               huge
               volume
               with
               them
               alone
               ;
               it
               were
               pitty
               that
               so
               many
               should
               in
               that
               estate
               be
               necessary
               ;
               we
               meddle
               not
               with
               those
               secret
               ,
               and
               (
               some
               of
               them
               )
               immodest
               curiosities
               :
               contenting
               our selves
               only
               with
               those
               which
               meet
               us
               every
               day
               in
               the
               ordinary
               practise
               of
               men
               :
               wherof
               this
               which
               you
               have
               moved
               may
               well
               challeng
               the
               first
               place
               :
               A
               question
               wherein
               I
               was
               vehemently
               pressed
               in
               my
               late
               western
               charge
               ,
               by
               som
               persons
               of
               greatest
               eminency
               in
               those
               parts
               upon
               occasion
               of
               som
               of
               their
               children
               undutifully
               carving
               for
               themselves
               in
               the
               choice
               of
               their
               matches
               ;
               The
               offended
               parents
               in
               the
               height
               of
               their
               displeasure
               were
               very
               earnest
               to
               invalidate
               &
               annul
               the
               marriage
               ;
               I
               gave
               them
               in
               effect
               the
               same
               account
               of
               the
               point
               ,
               which
               now
               I
               give
               to
               you
               :
               That
               this
               disallowed
               marriage
               was
               one
               of
               those
               things
               which
               are
               unjust
               and
               unlawfull
               to
               bee
               
               done
               ,
               but
               being
               once
               done
               are
               valid
               .
            
             
               How
               unwarrantable
               and
               injurious
               it
               is
               in
               the
               child
               to
               match
               himselfe
               without
               or
               against
               the
               parents
               consent
               ,
               there
               needs
               no
               other
               Judg
               the●
               the
               law
               of
               nature
               it self
               ,
               which
               teacheth
               us
               that
               the
               child
               is
               no
               other
               then
               the
               peculiar
               goods
               ,
               and
               living
               substance
               of
               the
               parent
               ;
               yea
               ,
               as
               some
               Civilians
               have
               taught
               us
               to
               expresse
               it
               ,
               he
               is
               *
               
                 pars
                 viscerum
                 matris
              
               ,
               a
               part
               of
               the
               mothers
               bowels
               ;
               and
               part
               of
               the
               purest
               substance
               of
               the
               father
               ;
               and
               therefore
               ought
               no
               more
               to
               bee
               exempted
               from
               the
               parents
               power
               of
               disposing
               ,
               then
               the
               very
               limbs
               of
               his
               owne
               body
               ;
               upon
               this
               ground
               it
               was
               that
               by
               the
               law
               of
               God
               it
               was
               lawfull
               for
               the
               †
               Jewes
               ,
               in
               case
               of
               extremity
               ,
               to
               sell
               ,
               as
               themselves
               ,
               so
               their
               children
               also
               to
               servitude
               ;
               but
               to
               those
               onely
               of
               their
               owne
               Nation
               ,
               
               and
               in
               the
               *
               law
               civil
               there
               is
               the
               like
               permission
               ,
               although
               under
               certaine
               ●onditions
               ;
               and
               particularly
               ,
               in
               an
               utter
               exigency
               ,
               
                 Victus
                 causa
              
               ;
               To
               the
               latter
               whereof
               ,
               som
               †
               Expositors
               hold
               so
               strictly
               ,
               as
               that
               they
               wil
               not
               admit
               this
               to
               be
               don
               for
               the
               redemption
               of
               the
               parent
               from
               death
               ,
               or
               perpetual
               bondage
               ;
               but
               only
               to
               preserve
               him
               from
               affamishing
               :
               wherein
               certainly
               they
               are
               over-strait
               laced
               ,
               and
               too
               much
               wedded
               to
               syllables
               ;
               it
               being
               questionless
               the
               intention
               of
               the
               law
               to
               comprehend
               all
               equally-pressing
               necessities
               ;
               to
               which
               they
               adde
               that
               this
               must
               be
               only
               in
               the
               fathers
               power
               ,
               and
               that
               to
               a
               child
               not
               emancipated
               ,
               and
               left
               to
               his
               owne
               disposing
               :
               It
               is
               not
               in
               my
               way
               to
               dispute
               the
               case
               with
               them
               ,
               take
               it
               at
               the
               easiest
               ,
               it
               sufficiently
               shewes
               the
               great
               power
               that
               nature
               it self
               yelds
               
               to
               the
               parent
               over
               the
               child
               ;
               By
               how
               much
               stronger
               then
               the
               parents
               interest
               is
               in
               the
               child
               ,
               so
               much
               more
               wrongfull
               it
               must
               needs
               bee
               in
               the
               child
               to
               neglect
               his
               parents
               in
               finally
               bestowing
               himselfe
               ;
               And
               if
               we
               look
               into
               the
               positive
               law
               of
               †
               God
               ,
               wee
               shall
               find
               the
               child
               so
               wholly
               left
               to
               the
               parents
               will
               and
               disposition
               ,
               as
               that
               he
               may
               ,
               at
               his
               pleasure
               ,
               dispense
               with
               ,
               or
               frustrate
               the
               vow
               of
               his
               child
               made
               to
               God
               himselfe
               .
            
             
               Neither
               do
               the
               *
               Roman
               doctors
               generally
               hold
               otherwise
               this
               day
               in
               case
               of
               an
               under-age
               ;
               and
               some
               of
               them
               extend
               this
               power
               yet
               further
               ;
               yet
               not
               without
               a
               distinction
               :
               holding
               ,
               that
               after
               the
               age
               of
               puberty
               ,
               those
               vows
               only
               are
               in
               the
               mercy
               of
               the
               father
               ,
               which
               may
               be
               prejudicial
               to
               the
               government
               of
               the
               family
               ,
               &
               paternal
               pow'r
               ;
               which
               is
               sufficient
               for
               my
               purpose
               in
               the
               question
               in
               hand
               .
            
             
             
               And
               although
               those
               Casuists
               doe
               sufficiently
               doat
               upon
               their
               Monkery
               ,
               and
               the
               vows
               thereunto
               appertayning
               ;
               yet
               they
               ascribe
               so
               much
               to
               the
               bond
               of
               filial
               duty
               ,
               as
               that
               they
               teach
               ,
               That
               a
               sonne
               which
               (
               his
               parents
               being
               in
               extreme
               need
               ,
               and
               wanting
               his
               help
               )
               enters
               into
               a
               religious
               order
               ;
               or
               comes
               not
               out
               of
               it
               (
               though
               professed
               )
               when
               hee
               might
               be
               likely
               by
               his
               coming
               forth
               to
               bee
               aidfull
               to
               his
               said
               Parents
               ,
               is
               guilty
               of
               a
               sin
               against
               the
               fift
               Commandement
               :
               so
               as
               even
               with
               them
               ,
               the
               respect
               to
               a
               parent
               ought
               to
               overweigh
               a
               vow
               of
               religion
               ;
               although
               consummate
               by
               a
               solemn
               profession
               .
            
             
               But
               ,
               that
               you
               may
               not
               object
               to
               me
               the
               age
               of
               the
               law
               as
               therefore
               abrogated
               because
               Mosaicall
               ,
               heare
               what
               the
               chosen
               vessell
               saies
               under
               the
               new
               law
               of
               the
               Gospel
               .
               
            
             
             
               
                 If
                 any
                 man
                 thinke
                 that
                 he
                 behaveth
                 himselfe
                 uncomely
                 towards
                 his
                 virgin
                 ,
                 if
                 shee
                 passe
                 the
                 floure
                 of
                 her
                 age
                 ,
                 and
                 need
                 so
                 require
                 ,
                 let
                 him
                 doe
                 what
                 hee
                 will
                 ,
                 hee
                 sinneth
                 not
                 ;
                 let
                 her
                 marry
                 :
              
               (
               1
               Cor.
               7.
               36.
               )
               
                 Neverthelesse
                 he
                 that
                 standeth
                 stedfast
                 in
                 his
                 heart
                 ,
                 having
                 no
                 necessity
                 ;
                 but
                 hath
                 power
                 over
                 his
                 owne
                 will
                 ,
                 and
                 hath
                 so
                 decreed
                 in
                 his
                 heart
                 that
                 he
                 will
                 keep
                 his
                 virgin
                 ,
                 doth
                 well
                 ,
                 &c.
              
               (
               ver
               .
               37.
               )
               Loe
               ,
               the
               Apostle
               supposeth
               it
               in
               the
               parents
               power
               either
               to
               keep
               his
               daughter
               a
               virgin
               ,
               or
               to
               dispose
               of
               her
               in
               marriage
               :
               she
               is
               not
               her
               owne
               ,
               either
               to
               hold
               ,
               or
               give
               ;
               but
               must
               be
               altogether
               ordered
               by
               the
               superior
               will
               of
               a
               parent
               :
               Not
               ,
               that
               any
               force
               is
               allowed
               either
               way
               to
               be
               used
               towards
               the
               daughter
               ;
               whether
               to
               continue
               her
               in
               a
               constrained
               virginity
               ,
               or
               to
               call
               her
               against
               her
               minde
               upon
               a
               dis-affected
               match
               ;
               No
               ,
               that
               God
               who
               disposeth
               all
               things
               sweetly
               ,
               would
               have
               us
               
               doe
               so
               too
               ;
               hee
               allowes
               parents
               to
               be
               rulers
               of
               their
               children
               ,
               but
               not
               tyrants
               :
               what
               they
               doe
               therefore
               in
               this
               kinde
               ,
               must
               be
               more
               by
               councel
               then
               command
               :
               and
               with
               more
               sway
               of
               love
               then
               authority
               :
               thus
               ,
               consulting
               wisely
               with
               the
               state
               of
               times
               and
               the
               childs
               disposition
               and
               abilities
               of
               contayning
               ,
               must
               the
               parent
               either
               keep
               his
               virgin
               ,
               or
               labour
               for
               the
               provision
               of
               a
               meete
               consortship
               Thus
               did
               the
               two
               great
               Patriarchs
               of
               Gods
               ancient
               Church
               ,
               Abraham
               and
               Isaac
               ,
               provide
               fit
               matches
               for
               their
               holy
               seed
               ;
               whiles
               the
               unholy
               provided
               unfit
               matches
               for
               themselves
               :
               Thus
               did
               their
               godly
               issue
               in
               all
               generations
               take
               their
               parents
               along
               with
               them
               in
               the
               choice
               of
               meet
               yoke-fellowes
               ,
               whiles
               the
               godless
               ,
               whether
               out
               of
               impetuous
               lust
               ,
               or
               stubborn
               disobedience
               ,
               affect
               with
               
                 Esau
                 ,
                 Gen.
                 28.
                 6
                 ,
                 7
                 ,
                 8.
              
               to
               be
               their
               owne
               purveyors
               ,
               to
               the
               great
               regret
               ,
               and
               
               heart-breaking
               of
               their
               parents
               .
            
             
               Lastly
               ,
               the
               latitude
               that
               S.
               Paul
               gives
               of
               the
               liberty
               of
               marriage
               to
               al
               Christians
               is
               ,
               
                 Tantum
                 in
                 Domino
                 ;
                 onely
                 in
                 the
                 Lord
                 ,
                 1
                 Cor.
                 7.
                 39.
                 
              
               Now
               how
               can
               that
               marriage
               bee
               in
               the
               Lord
               ,
               which
               is
               against
               him
               ?
               and
               how
               can
               that
               bee
               other
               then
               against
               the
               Lord
               ;
               which
               is
               against
               the
               Lords
               commandement
               ?
               And
               what
               commandment
               can
               be
               more
               express
               then
               
                 Honor
                 thy
                 father
                 and
                 thy
                 mother
                 Gal.
                 6.
                 1.
                 
              
               And
               ,
               
                 Children
                 obey
                 your
                 parents
                 ?
                 ver
                 .
                 2.
                 
              
               And
               what
               can
               bee
               more
               contrary
               to
               the
               honour
               and
               obedience
               due
               to
               Parents
               ,
               then
               to
               neglect
               them
               in
               the
               main
               business
               that
               concernes
               our
               lives
               ?
               And
               what
               businesse
               can
               concern
               our
               life
               so
               much
               ,
               as
               the
               choice
               of
               a
               meet
               partner
               ,
               with
               whom
               we
               may
               comfortably
               weare
               out
               all
               the
               dayes
               of
               our
               pilgrimage
               on
               earth
               ?
            
             
               Doubtlesse
               then
               ,
               we
               may
               in
               a
               generality
               
               safely
               conclude
               ,
               that
               it
               is
               altogether
               unlawfull
               for
               a
               childe
               to
               sleight
               his
               Parents
               consent
               in
               the
               choice
               of
               his
               marriage
               ;
               There
               may
               be
               some
               particular
               cases
               incident
               wherein
               perhaps
               this
               may
               without
               sinne
               or
               blame
               be
               forborn
               ;
               as
               when
               the
               child
               either
               by
               general
               permission
               ,
               or
               former
               elocation
               shall
               be
               out
               of
               the
               Parents
               disposing
               ,
               or
               where
               the
               parent
               is
               defective
               in
               his
               intellectuals
               ,
               or
               where
               the
               child
               lives
               
                 in
                 remotis
              
               ,
               out
               of
               the
               compasse
               of
               intelligence
               ;
               or
               where
               the
               Parent
               being
               averse
               from
               the
               true
               Religion
               denies
               his
               consent
               to
               match
               with
               any
               but
               those
               of
               his
               own
               straine
               ;
               or
               shall
               upon
               other
               by-occasions
               wilfully
               stand
               upon
               so
               unreasonable
               terms
               ,
               that
               neither
               friends
               nor
               authority
               can
               over-rule
               him
               :
               But
               where
               these
               or
               the
               like
               preponderating
               exceptions
               doe
               not
               intervene
               ,
               the
               child
               cannot
               without
               sin
               balk
               the
               Parents
               
               consent
               to
               his
               choice
               in
               marriage
               .
            
             
               But
               though
               such
               marriages
               without
               ,
               or
               against
               consent
               ,
               bee
               not
               lawfully
               made
               ;
               yet
               being
               once
               made
               ,
               they
               are
               valid
               .
               *
               The
               civill
               law
               ,
               out
               of
               the
               grounds
               of
               policy
               ,
               goes
               herein
               too
               far
               ;
               which
               sentenceth
               those
               marriages
               void
               ;
               which
               are
               made
               without
               the
               consent
               of
               Parents
               of
               Guardians
               ;
               but
               as
               Matrimony
               hath
               somthing
               in
               it
               of
               Nature
               ,
               something
               of
               Civility
               ,
               something
               of
               Divinity
               ,
               as
               instituted
               by
               God
               ,
               and
               by
               him
               to
               be
               regulated
               ;
               so
               sure
               this
               last
               interest
               ought
               to
               over-sway
               the
               other
               two
               ;
               The
               marriage
               therefore
               thus
               made
               ,
               being
               ,
               though
               faulty
               ,
               yet
               true
               ;
               is
               doubtlesse
               after
               consummation
               indissoluble
               .
               The
               parties
               repentance
               ,
               and
               the
               parents
               sorrow
               may
               have
               leisure
               to
               afflict
               them
               ,
               no
               power
               to
               relieve
               them
               .
            
          
           
             
             
               CASE
               II.
               
            
             
               Whether
               Marriage
               lawfully
               made
               may
               admit
               of
               any
               cause
               of
               divorce
               ,
               save
               only
               for
               the
               violation
               of
               the
               marriage
               bed
               ,
               by
               Fornication
               or
               Adulterie
               .
            
             
               OUr
               Saviour
               hath
               so
               punctually
               decided
               the
               case
               in
               his
               Divine
               Sermon
               upon
               the
               mount
               ,
               that
               I
               cannot
               but
               wonder
               at
               the
               boldnesse
               of
               any
               man
               ,
               who
               calls
               himself
               a
               Christian
               ,
               that
               dares
               raise
               a
               question
               after
               so
               full
               and
               clear
               a
               determination
               from
               the
               mouth
               of
               truth
               it self
               .
            
             
               Whosoever
               (
               saith
               he
               )
               
                 shall
                 put
                 away
                 his
                 wife
                 ,
                 saving
                 for
                 the
                 cause
                 of
                 fornication
                 ,
                 causeth
                 her
                 to
                 commit
                 adultery
                 ;
                 and
                 whosoever
                 shall
                 marry
                 her
                 that
                 is
                 divorced
                 ,
                 committeth
                 adultery
                 Mat.
                 5.
                 32.
                 
              
               Yet
               I
               find
               this
               so
               evident
               an
               assertion
               checked
               by
               two
               sorts
               of
               adversaries
               ;
               The
               one
               ,
               certain
               wild
               Novellists
               ,
               
               who
               admit
               of
               very
               sleight
               causes
               of
               separation
               ;
               the
               other
               ,
               Romish
               Doctors
               ,
               who
               plead
               for
               some
               other
               main
               and
               important
               additions
               to
               this
               liberty
               of
               divorce
               .
            
             
               I
               have
               heard
               too
               much
               of
               ,
               &
               once
               saw
               a
               licentious
               Pamphlet
               thrown
               abroad
               in
               these
               lawlesse
               times
               ,
               in
               the
               defence
               and
               encouragement
               of
               Divorces
               (
               not
               to
               be
               sued
               out
               ,
               that
               solemnity
               needed
               not
               ,
               but
               )
               to
               be
               arbitrarily
               given
               by
               the
               disliking
               husband
               ,
               to
               his
               displeasing
               and
               unquiet
               wife
               ;
               upon
               this
               ground
               principally
               ,
               that
               Marriage
               was
               instituted
               for
               the
               help
               and
               comfort
               of
               man
               ;
               where
               therefore
               the
               match
               proves
               such
               ,
               as
               that
               the
               wife
               doth
               but
               pull
               downe
               a
               side
               ,
               and
               by
               her
               innate
               peevishnesse
               ,
               and
               either
               sullen
               ,
               or
               pettish
               and
               froward
               disposition
               brings
               rather
               discomfort
               to
               her
               husband
               ,
               the
               end
               of
               Marriage
               being
               hereby
               frustrate
               ,
               why
               should
               it
               not
               ,
               saith
               he
               ,
               be
               in
               the
               
               Husbands
               power
               (
               after
               some
               unprevailing
               means
               of
               reclamation
               attempted
               )
               to
               procure
               his
               own
               peace
               ,
               by
               casting
               off
               this
               clog
               ,
               and
               to
               provide
               for
               his
               own
               peace
               and
               contentment
               in
               a
               fitter
               Match
               ?
            
             
               Woe
               is
               me
               ,
               To
               what
               a
               passe
               is
               the
               world
               come
               that
               a
               Christian
               pretending
               to
               Reformation
               ,
               should
               dare
               to
               tender
               so
               loose
               a
               project
               to
               the
               publique
               ?
               I
               must
               seriously
               profess
               when
               I
               first
               did
               cast
               my
               eye
               upon
               the
               front
               of
               the
               book
               ,
               I
               supposed
               some
               great
               wit
               meant
               to
               try
               his
               skill
               in
               the
               maintenance
               of
               this
               so
               wild
               ,
               and
               improbable
               a
               paradox
               ;
               but
               ere
               I
               could
               have
               run
               over
               som
               of
               those
               too
               wel-penned
               pages
               ,
               I
               found
               the
               Author
               was
               in
               earnest
               ,
               and
               meant
               seriously
               to
               contribute
               this
               peece
               of
               good
               councel
               in
               way
               of
               Reformation
               to
               the
               wise
               and
               seasonable
               care
               of
               superiors
               ;
               I
               cannot
               but
               blush
               for
               our
               age
               ,
               wherein
               so
               bold
               a
               motion
               hath
               been
               
               amongst
               others
               ,
               admitted
               to
               the
               light
               :
               what
               will
               all
               the
               Christian
               Churches
               through
               the
               world
               ,
               to
               whose
               notice
               those
               lines
               shall
               come
               ,
               think
               of
               our
               wofull
               degeneration
               in
               these
               deplored
               times
               ,
               that
               so
               uncouth
               a
               designe
               should
               be
               set
               on
               foot
               amongst
               us
               ?
            
             
               Or
               how
               can
               they
               construe
               it
               other
               then
               a
               direct
               contradiction
               to
               our
               Saviours
               sentence
               ,
               in
               maintaining
               that
               practise
               which
               hee
               expresly
               professeth
               to
               oppose
               ?
               for
               ,
               what
               was
               the
               Jewish
               guise
               here
               checked
               by
               our
               Saviour
               ,
               but
               a
               voluntary
               repudiation
               of
               a
               lawfull
               wife
               upon
               the
               terms
               of
               dislike
               ,
               other
               then
               fornication
               ?
               Their
               mis-interpretation
               of
               the
               law
               alluded
               unto
               ,
               argues
               no
               lesse
               ;
               The
               Law
               alluded
               unto
               is
               ,
               that
               of
               
                 Deutronomy
                 ▪
              
               where
               God
               sayes
               ,
               
                 When
                 a
                 man
                 hath
                 tak●n
                 a
                 wife
                 ,
                 and
                 hath
                 been
                 her
                 husband
                 ,
                 and
                 it
                 shall
                 be
                 ,
                 that
                 she
                 finde
                 not
                 grace
                 in
                 his
                 eyes
                 ,
                 because
                 he
                 hath
                 found
                 in
              
               
               *
               
                 her
                 matter
                 of
                 nakednesse
                 ,
                 he
                 shall
                 write
                 her
                 a
                 bill
                 of
                 divorcement
                 ,
                 and
                 send
                 her
                 away
                 ,
                 Deut.
                 24.
                 1.
              
               whereupon
               he
               infers
               with
               an
               
                 Ego
                 dico
              
               ,
               I
               say
               unto
               you
               ,
               
                 Whosoever
                 shall
                 put
                 away
                 his
                 wife
                 saving
                 for
                 fornication
                 ,
                 causeth
                 her
                 to
                 commit
                 adultery
                 :
              
               the
               matter
               of
               nakednesse
               therefore
               ,
               for
               which
               the
               Jews
               were
               then
               wont
               to
               divorce
               their
               wives
               ,
               (
               and
               offended
               in
               so
               divorcing
               them
               )
               was
               any
               other
               displeasing
               qualitie
               ,
               besides
               the
               breach
               of
               wedlock
               through
               bodily
               uncleannesse
               ;
               for
               which
               only
               had
               they
               dismissed
               their
               wives
               ,
               our
               Saviour
               had
               neither
               faulted
               their
               Glosse
               nor
               their
               Practise
               ;
               so
               as
               herein
               Christ
               the
               giver
               of
               the
               Law
               ,
               decides
               one
               of
               those
               great
               controversies
               ,
               which
               were
               agitated
               between
               the
               emulous
               schools
               of
               Sammai
               ,
               and
               Hillel
               :
               determining
               on
               Sammai's
               side
               ,
               that
               for
               no
               other
               nakedness
               but
               that
               of
               adultery
               it
               was
               
               lawfull
               to
               divorce
               a
               wife
               :
               and
               flatly
               condemning
               by
               the
               like
               answer
               that
               [
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ]
               
                 (
                 Mat.
                 19.
                 3.
                 
              
               )
               every
               cause
               of
               repudiation
               then
               ordinarily
               received
               ;
               as
               it
               was
               by
               the
               Pharisee
               purposely
               propounded
               unto
               him
               .
            
             
               Answerable
               whereunto
               is
               that
               of
               the
               Prophet
               Malachi
               ,
               who
               (
               in
               our
               just
               reading
               )
               hath
               so
               fully
               decided
               the
               cause
               ,
               as
               if
               it
               had
               been
               expresly
               referred
               to
               his
               umpirage
               :
               
                 The
                 Lord
              
               (
               saith
               he
               )
               
                 hath
                 been
                 witnesse
                 between
                 thee
                 and
                 the
                 wife
                 of
                 thy
                 youth
                 ,
                 against
                 whom
                 thou
                 hast
                 dealt
                 treacherously
                 ;
                 Yet
                 is
                 she
                 thy
                 companion
                 ,
                 and
                 the
                 wife
                 of
                 thy
                 covenant
                 ,
                 Mal.
                 2.
                 14
                 ,
                 15
                 ,
                 16.
                 
              
               (
               Loe
               ,
               the
               wife
               of
               thy
               covenant
               ,
               therefore
               too
               sure
               setled
               to
               bee
               turn'd
               off
               upon
               every
               sleight
               occasion
               ;
               what
               ?
               was
               thy
               covenant
               to
               take
               her
               for
               thy
               wife
               till
               thou
               shouldst
               dislike
               her
               ?
               what
               were
               this
               but
               to
               mock
               God
               and
               the
               world
               ?
               thy
               covenant
               implies
               no
               less
               then
               firmitude
               and
               perpetuity
               .
               )
            
             
             
               
                 Therefore
                 take
                 heed
                 to
                 your
                 spirit
                 ;
                 and
                 let
                 none
                 deal
                 treacherously
                 against
                 the
                 wife
                 of
                 his
                 youth
                 :
                 For
                 the
                 Lord
                 ,
                 the
                 God
                 of
                 Israel
                 ,
                 saith
                 ,
                 that
                 he
                 hateth
                 putting
                 away
                 ;
                 For
                 one
                 covereth
                 violence
                 with
                 his
                 garment
                 ,
                 saith
                 the
                 Lord
                 of
                 hosts
                 :
                 Therefore
                 take
                 heed
                 to
                 your
                 spirit
                 that
                 you
                 deal
                 not
                 treacherously
                 .
              
               What
               is
               this
               treachery
               which
               the
               Prophet
               cries
               out
               against
               thus
               vehemently
               ,
               thrice
               over
               with
               a
               breath
               ,
               but
               pretended
               and
               unjust
               suggestions
               against
               a
               lawfull
               wife
               ,
               for
               her
               undue
               divorce
               ?
               and
               what
               is
               that
               violence
               ,
               but
               the
               injurious
               execution
               of
               those
               suggestions
               ?
               upon
               which
               unsufficient
               grounds
               the
               Lord
               professes
               to
               hate
               putting
               away
               .
            
             
               Yea
               how
               apparently
               contrary
               is
               this
               practise
               to
               the
               very
               originall
               institution
               of
               marriage
               it self
               ?
               He
               that
               made
               it
               in
               Paradise
               ordained
               thus
               :
               
                 Therefore
                 shall
                 a
                 man
                 leave
                 his
                 father
                 and
                 his
                 mother
                 ,
                 and
                 shall
                 cleave
                 unto
                 his
                 
                 wife
                 ;
                 and
                 they
                 two
                 shall
                 be
                 one
                 flesh
                 ,
                 Gen.
                 2.
                 24.
                 
              
               Loe
               ,
               before
               ever
               there
               was
               father
               ,
               or
               mother
               ,
               or
               son
               in
               the
               world
               ,
               God
               hath
               appointed
               that
               the
               bonds
               betwixt
               husband
               and
               wife
               shall
               be
               more
               strait
               and
               indissoluble
               then
               betwixt
               the
               parent
               and
               child
               ;
               and
               can
               any
               man
               be
               so
               unreasonable
               as
               to
               defend
               it
               lawfull
               ,
               upon
               some
               unkinde
               usages
               ,
               or
               thwartness
               of
               disposition
               ,
               for
               a
               parent
               to
               abandon
               and
               forsake
               his
               child
               ;
               or
               the
               son
               to
               cast
               off
               his
               parent
               ?
               much
               lesse
               therefore
               may
               it
               be
               thus
               betwixt
               an
               husband
               &
               wife
               :
               
                 They
                 two
                 are
                 one
                 flesh
                 ▪
              
               Behold
               here
               an
               union
               of
               Gods
               making
               :
               A
               mans
               body
               is
               not
               more
               his
               own
               ,
               then
               his
               wives
               body
               is
               his
               :
               And
               will
               a
               man
               be
               content
               to
               part
               easily
               with
               a
               peece
               of
               himselfe
               ?
               Or
               can
               we
               thinke
               that
               God
               will
               indure
               an
               union
               made
               by
               himself
               to
               be
               sleightly
               dissolved
               ?
               Or
               how
               is
               this
               bodily
               matrimony
               a
               lively
               image
               of
               the
               spirituall
               marriage
               
               betwixt
               Christ
               and
               his
               Church
               (
               who
               hath
               said
               ,
               
                 I
                 will
                 betroth
                 thee
                 unto
                 me
                 for
                 ever
                 ;
                 Yea
                 I
                 will
                 betroth
                 thee
                 unto
                 me
                 in
                 righteousnesse
                 ,
                 and
                 in
                 judgement
                 ,
                 and
                 in
                 loving
                 kindenesse
                 ,
                 and
                 in
                 mercies
                 ,
                 Hos.
                 2.
                 19.
                 
                 )
              
               if
               upon
               small
               occasions
               it
               may
               be
               subject
               to
               utter
               dissolution
               ?
               Yea
               ,
               what
               speak
               I
               of
               Divinity
               ?
               Even
               modest
               Heathens
               would
               hisse
               this
               Libertinisme
               off
               the
               Stage
               :
               Amongst
               the
               rest
               ,
               what
               a
               fool
               was
               Socrates
               ?
               The
               Oracle
               ,
               belike
               ,
               called
               him
               the
               wisest
               man
               of
               his
               time
               ;
               but
               what
               a
               fool
               was
               he
               to
               indure
               the
               unquiet
               clack
               of
               his
               Xantippe
               with
               such
               cool
               patience
               ,
               if
               he
               might
               have
               quit
               himself
               of
               the
               trouble
               with
               a
               sodain
               act
               of
               her
               dismission
               ?
               Or
               what
               use
               was
               there
               of
               those
               Delegates
               of
               Athens
               and
               the
               Harmosyni
               of
               Lacedaemon
               for
               the
               peecing
               up
               of
               these
               domestique
               breaches
               betwixt
               husband
               and
               wife
               ,
               if
               the
               imperious
               husband
               had
               power
               to
               right
               himself
               
               by
               turning
               the
               scold
               out
               of
               doors
               ?
            
             
               Lastly
               ,
               What
               silly
               counsail
               was
               that
               which
               the
               Jewish
               Rabbi
               gave
               to
               his
               client
               ,
               matcht
               with
               a
               shrew
               ;
               
                 The
                 bone
                 that
                 is
                 falne
                 to
                 thy
                 lot
                 ,
                 that
                 doe
                 thou
                 gnaw
                 upon
              
               ;
               if
               it
               were
               altogether
               free
               for
               him
               to
               leave
               that
               bone
               ,
               and
               take
               another
               ?
            
             
               But
               I
               have
               dwelt
               too
               long
               on
               so
               grosse
               a
               subject
               :
               There
               may
               yet
               seem
               some
               better
               colour
               for
               the
               plea
               of
               the
               Romish
               doctors
               which
               admit
               infidelity
               and
               here●ie
               into
               the
               rank
               of
               those
               causes
               which
               may
               warrant
               a
               divorce
               :
               But
               herein
               the
               ambiguity
               of
               the
               word
               (
               if
               heed
               be
               not
               taken
               )
               may
               deceive
               you
               ;
               The
               *
               Hebrew
               text
               ,
               to
               which
               our
               Saviour
               alludes
               ,
               uses
               a
               word
               which
               signifies
               excision
               ,
               or
               cutting
               off
               ;
               The
               Greek
               ,
               a
               departing
               away
               ,
               or
               putting
               off
               ;
               The
               Latine
               ,
               Divortium
               ,
               in
               his
               true
               sense
               is
               not
               so
               hainous
               as
               either
               of
               the
               other
               ,
               signifying
               
               rather
               a
               turning
               aside
               ,
               but
               in
               our
               ordinary
               acception
               amounts
               to
               no
               less
               then
               both
               .
               But
               what
               unjust
               difference
               they
               make
               betwixt
               finall
               separation
               and
               dissolution
               ,
               we
               shall
               finde
               in
               our
               next
               discourse
               :
               Onwards
               ,
               that
               such
               separation
               may
               not
               be
               made
               of
               man
               and
               wife
               (
               lawfully
               joyned
               together
               )
               for
               heresie
               or
               misbelief
               ;
               we
               need
               no
               other
               conviction
               then
               that
               peremptory
               and
               clear
               determination
               of
               our
               Saviour
               which
               we
               have
               formerly
               insisted
               on
               :
               For
               though
               his
               words
               on
               the
               mount
               were
               in
               a
               way
               of
               doctrinall
               assertion
               ,
               yet
               afterwards
               the
               same
               words
               were
               used
               by
               him
               ,
               in
               way
               of
               a
               satisfactory
               answer
               to
               the
               Pharises
               question
               concerning
               causes
               of
               divorce
               ;
               professedly
               resolving
               that
               there
               could
               be
               no
               allowable
               ground
               of
               such
               separation
               except
               fornication
               .
               What
               words
               can
               be
               more
               plain
               ?
               It
               is
               but
               a
               shift
               to
               say
               (
               as
               the
               Cardinall
               doth
               )
               that
               our
               Saviour
               
               here
               meant
               only
               to
               expresse
               the
               proper
               cause
               of
               the
               separation
               of
               married
               persons
               ;
               which
               is
               the
               breach
               of
               marriage
               faith
               :
               as
               having
               no
               occasion
               to
               speak
               of
               those
               generall
               grounds
               which
               reach
               to
               the
               just
               sundring
               of
               all
               humane
               societies
               ;
               such
               as
               Heresie
               and
               Infidelitie
               ;
               which
               are
               enough
               to
               unglew
               all
               naturall
               and
               civill
               relations
               betwixt
               father
               and
               son
               ,
               master
               and
               servant
               ,
               husband
               and
               wife
               :
               For
               it
               is
               clear
               that
               neither
               question
               nor
               answer
               were
               bounded
               with
               any
               particularities
               ;
               The
               Pharisee
               asks
               ,
               
                 Whether
                 for
                 every
                 cause
              
               ?
               Our
               Saviour
               answers
               ;
               
                 For
                 no
                 cause
                 but
                 fornication
              
               ;
               And
               it
               is
               spoken
               beside
               the
               book
               ,
               that
               child
               or
               servant
               should
               or
               may
               forsake
               parent
               or
               master
               in
               case
               of
               heresie
               ,
               or
               infidelity
               :
               S.
               Paul
               teacheth
               other
               Doctrine
               :
               
                 Let
                 as
                 many
                 servants
                 as
                 are
                 under
                 the
                 yoke
              
               (
               of
               bondage
               )
               
                 count
                 their
              
               (
               infidell
               )
               
                 masters
                 worthy
                 of
                 all
                 honor
                 ;
                 1
                 Tim.
                 6.
                 5.
              
               not
               worthy
               
               therefore
               of
               desertion
               and
               disclamation
               :
               And
               if
               the
               servants
               may
               not
               shake
               off
               the
               bonds
               of
               duty
               ;
               much
               lesse
               may
               the
               son
               brake
               or
               file
               off
               the
               bonds
               of
               nature
               ;
               and
               as
               for
               the
               matrimoniall
               knot
               ,
               how
               too
               sure
               it
               is
               to
               be
               loosed
               by
               infidelity
               it self
               ,
               let
               the
               Apostle
               speak
               ;
               
                 If
                 any
                 brother
                 hath
                 a
                 wife
                 that
                 beleeveth
                 not
                 ,
                 and
                 she
                 be
                 pleased
                 to
                 dwell
                 with
                 him
                 ,
                 let
                 him
                 not
                 put
                 her
                 away
                 ,
              
               1
               Cor.
               7.
               12.
               
               
                 And
                 the
                 woman
                 which
                 hath
                 an
                 husband
                 that
                 beleeveth
                 not
                 ;
                 and
                 if
                 he
                 be
                 pleased
                 to
                 dwell
                 with
                 her
                 ,
                 let
                 her
                 not
                 leave
                 him
                 ,
              
               ver
               .
               13.
               
               And
               if
               even
               Infidelity
               have
               not
               power
               to
               dis-oblige
               the
               wife
               or
               husband
               ,
               much
               less
               Heresie
               :
               In
               this
               pretended
               case
               therefore
               to
               separate
               from
               board
               and
               bed
               ,
               is
               no
               better
               then
               a
               presumptuous
               insolence
               ;
               It
               is
               the
               peremptory
               charge
               of
               Christ
               ,
               
                 What
                 God
                 hath
                 joyned
                 together
                 ,
                 let
                 not
                 man
                 put
                 asunder
                 ,
                 Mat.
                 19.
                 6.
                 
              
               In
               all
               lawfull
               marriages
               ,
               it
               is
               God
               that
               joyns
               the
               
               hands
               and
               hearts
               of
               the
               Married
               .
               How
               dare
               man
               then
               undoe
               the
               work
               of
               God
               upon
               devises
               of
               his
               own
               ?
               Had
               the
               Lord
               ever
               said
               ,
               If
               thy
               wife
               be
               a
               wilfull
               mis-beleever
               ,
               rid
               thy
               hands
               of
               her
               ;
               this
               separation
               were
               just
               ;
               but
               now
               that
               his
               charge
               is
               clean
               contrary
               ,
               what
               an
               impious
               sauciness
               is
               it
               to
               dis-joyn
               those
               whom
               God
               hath
               united
               ?
            
             
               As
               therefore
               ,
               it
               is
               not
               in
               the
               power
               of
               any
               third
               person
               ,
               upon
               any
               whatsoever
               pretence
               ,
               violently
               to
               break
               the
               sacred
               bond
               of
               Marriage
               ;
               so
               neither
               may
               the
               husband
               or
               wife
               enthral
               each
               other
               by
               a
               wilfull
               desertion
               ;
               whether
               upon
               pretext
               of
               religion
               ,
               or
               any
               secular
               occasion
               ;
               In
               which
               cause
               what
               is
               to
               be
               don
               must
               come
               under
               a
               further
               disquisition
               ;
               Certainly
               it
               was
               never
               the
               intention
               of
               the
               holy
               and
               wise
               God
               ,
               by
               vertue
               of
               that
               which
               was
               ordained
               for
               mans
               comfort
               and
               remedy
               of
               sin
               ,
               to
               binde
               
               him
               to
               a
               remedilesse
               misery
               ;
               which
               must
               necessarily
               fall
               out
               ,
               if
               upon
               the
               departure
               of
               an
               unbeleeving
               or
               hereticall
               yoke-fellow
               ,
               the
               relict
               party
               must
               be
               tyed
               up
               to
               a
               perpetuall
               necessity
               of
               either
               containing
               ,
               (
               if
               he
               can
               )
               or
               ,
               if
               he
               can
               not
               ,
               of
               burning
               ;
               The
               wise
               Doctor
               of
               the
               Gentiles
               well
               fore-saw
               the
               dangerous
               inconvenience
               that
               must
               needs
               hereupon
               ensue
               ,
               and
               hath
               given
               order
               for
               prevention
               ,
               accordingly
               .
            
             
               But
               if
               the
               unbeleeving
               depart
               ,
               let
               him
               depart
               ;
               
                 A
                 brother
                 or
                 a
                 sister
                 is
                 not
                 under
                 bondage
                 in
                 such
                 cases
                 ;
                 but
                 God
                 hath
                 called
                 us
                 to
                 peace
                 ,
                 1
                 Cor.
                 7.
                 15.
                 
              
               Not
               ,
               that
               it
               is
               free
               for
               a
               man
               or
               woman
               so
               forsaken
               ,
               to
               carve
               him
               ,
               or
               her self
               of
               redresse
               (
               what
               an
               infinite
               confusion
               would
               follow
               upon
               such
               licentiousness
               ?
               )
               but
               that
               after
               long
               and
               patient
               expectation
               ,
               and
               all
               probable
               means
               used
               for
               the
               reduction
               of
               the
               party
               deserting
               ;
               recourse
               be
               had
               (
               as
               to
               the
               
               last
               refuge
               )
               to
               publique
               ecclesiastical
               authority
               (
               which
               is
               the
               fittest
               to
               manage
               these
               matrimoniall
               affairs
               )
               in
               whose
               power
               it
               may
               be
               ,
               either
               by
               grave
               admonitions
               ,
               and
               just
               censures
               to
               bring
               back
               the
               offendor
               to
               his
               duty
               ;
               or
               upon
               his
               continuing
               contempt
               ,
               to
               set
               a
               day
               for
               the
               publication
               of
               the
               just
               freedom
               of
               the
               forsaken
               :
               wherein
               they
               shall
               doe
               no
               other
               then
               execute
               that
               Apostolike
               sentence
               for
               exemption
               from
               an
               unjust
               bondage
               ,
               and
               providing
               for
               a
               just
               peace
               .
            
          
           
             
               CASE
               III.
               
            
             
               Whether
               after
               a
               lawfull
               Divorce
               for
               Adultery
               ,
               the
               innocent
               party
               may
               marry
               again
               .
            
             
               ALthough
               Matrimony
               be
               not
               ,
               according
               to
               the
               Romish
               tenet
               ,
               one
               of
               those
               Sacraments
               which
               imprint
               an
               indeleble
               Character
               in
               the
               
               receiver
               ;
               yet
               it
               hath
               ,
               as
               they
               hold
               ,
               such
               a
               secret
               influence
               upon
               the
               soul
               ,
               as
               that
               it
               leaves
               a
               perpetuall
               bond
               behind
               it
               ,
               never
               to
               be
               dissolved
               till
               death
               ;
               So
               as
               those
               offenders
               ,
               which
               by
               just
               censure
               are
               separated
               from
               the
               board
               and
               the
               bed
               ,
               cannot
               yet
               be
               freed
               from
               the
               bond
               of
               marriage
               :
               upon
               this
               ground
               it
               is
               that
               they
               bar
               the
               innocent
               party
               from
               the
               benefit
               of
               a
               second
               marriage
               ,
               as
               supposing
               the
               obligation
               of
               the
               former
               still
               in
               force
               .
               In
               the
               ordinary
               Bills
               of
               the
               Jewish
               divorce
               ,
               the
               repudiated
               wife
               had
               full-scope
               given
               her
               of
               a
               second
               choice
               ;
               as
               the
               words
               ran
               :
               *
               
                 She
                 was
                 to
                 be
                 free
                 ,
                 and
                 to
                 have
                 power
                 over
                 her
                 own
                 soul
                 ;
                 to
                 goe
                 away
                 ;
                 to
                 be
                 married
                 to
                 any
                 man
                 whom
                 she
                 would
                 :
              
               They
               were
               not
               more
               liberall
               ,
               then
               our
               Romish
               divorcers
               are
               niggardly
               :
               The
               Jewish
               divorce
               being
               upon
               unwarrantable
               cause
               ,
               made
               their
               liberality
               
               so
               much
               more
               sinfull
               ,
               as
               their
               divorce
               was
               more
               unjust
               :
               for
               the
               divorced
               woman
               was
               still
               in
               right
               the
               lawfull
               wife
               of
               that
               unrighteous
               husband
               that
               dismissed
               her
               ;
               the
               Romish
               doctrine
               makes
               their
               strait-handednesse
               so
               much
               more
               injurious
               ,
               as
               the
               cause
               of
               separation
               is
               more
               just
               .
            
             
               Even
               this
               question
               also
               is
               expresly
               determined
               by
               our
               Saviour
               in
               his
               answer
               to
               the
               Pharisee
               :
               
                 Whosoever
                 shall
                 put
                 away
                 his
                 wife
                 ,
                 except
                 it
                 be
                 for
                 fornication
                 ,
                 and
                 marrieth
                 another
                 ,
                 committeth
                 adultery
                 :
                 Mat.
                 19.
                 
              
               Lo
               then
               ,
               he
               that
               for
               so
               just
               a
               cause
               as
               fornication
               putteth
               away
               his
               wife
               and
               marrieth
               another
               ,
               committeth
               not
               adultery
               :
               the
               exception
               manifestly
               implies
               so
               much
               ,
               both
               in
               reason
               and
               common
               use
               :
               neither
               indeed
               ,
               are
               the
               words
               capable
               of
               any
               other
               probable
               sense
               :
               That
               which
               Bellarmine
               would
               fasten
               upon
               it
               ,
               referring
               the
               exception
               to
               the
               former
               clause
               ,
               of
               dismission
               only
               ,
               
               so
               as
               it
               might
               be
               lawfull
               to
               divorce
               only
               for
               fornication
               ,
               but
               not
               to
               marry
               after
               divorce
               ;
               cannot
               stand
               without
               a
               supply
               of
               words
               of
               his
               own
               ,
               which
               God
               never
               alow'd
               him
               to
               intersert
               ;
               and
               besides
               utterly
               destroies
               the
               sense
               ;
               casting
               such
               a
               doctrine
               upon
               our
               Saviour
               ,
               as
               he
               would
               hate
               to
               own
               ;
               for
               except
               that
               restraint
               be
               refered
               to
               the
               marrying
               again
               ,
               the
               sense
               would
               run
               thus
               ,
               
                 whosoever
                 puts
                 away
                 his
                 wife
                 commits
                 adultery
              
               ;
               which
               stands
               not
               with
               truth
               or
               reason
               :
               sith
               it
               is
               not
               the
               dismission
               that
               is
               adulterous
               ,
               but
               the
               marryage
               of
               another
               :
               It
               is
               therefore
               the
               plain
               drift
               of
               our
               Saviour
               ,
               to
               teach
               the
               Pharisee
               ,
               that
               the
               marriage
               of
               a
               second
               wife
               (
               after
               dismission
               of
               a
               former
               ,
               upon
               any
               other
               cause
               ,
               except
               for
               fornication
               )
               is
               no
               less
               then
               adultery
               :
               thereby
               enforcing
               ,
               that
               upon
               a
               just
               dismission
               for
               fornication
               ,
               a
               second
               marriage
               cannot
               be
               branded
               with
               adultery
               .
            
             
             
               Neither
               will
               it
               serve
               his
               turne
               ,
               which
               he
               would
               borrow
               from
               St.
               Augustine
               ,
               that
               upon
               this
               negative
               of
               our
               Saviours
               ,
               we
               may
               not
               look
               to
               build
               an
               affirmative
               of
               our
               own
               ;
               for
               though
               it
               be
               granted
               ,
               that
               he
               ,
               who
               putting
               away
               his
               wife
               not
               for
               fornication
               ,
               &
               marrieth
               another
               ,
               sinneth
               ;
               yet
               it
               followes
               not
               that
               he
               who
               having
               dismissed
               his
               wife
               for
               fornication
               ,
               marrieth
               another
               ,
               sinneth
               not
               at
               all
               :
               A
               sin
               it
               may
               be
               ,
               though
               not
               an
               adultery
               :
               For
               surely
               if
               it
               be
               a
               sinne
               ;
               it
               must
               be
               against
               a
               commandement
               ;
               and
               if
               against
               any
               commandement
               ,
               it
               must
               be
               against
               the
               seventh
               ;
               and
               what
               is
               the
               seventh
               cōmandement
               ,
               but
               
                 Thou
                 shalt
                 not
                 commit
                 Adultery
              
               ?
               Besides
               ,
               the
               Pharisees
               question
               
                 [
                 Is
                 it
                 lawfull
                 for
                 a
                 man
                 to
                 put
                 away
                 his
                 wife
                 for
                 every
                 cause
                 ?
                 ]
              
               was
               not
               without
               a
               plaine
               implication
               of
               liberty
               to
               marry
               another
               ;
               which
               our
               Saviour
               well
               knowing
               ,
               gives
               a
               full
               answer
               as
               well
               
               to
               what
               he
               meant
               ,
               as
               what
               hee
               said
               ;
               which
               had
               not
               been
               perfectly
               satisfactory
               ,
               if
               he
               had
               only
               determined
               that
               one
               part
               concerning
               dismission
               ,
               and
               not
               the
               other
               concerning
               marriage
               ;
               which
               clause
               if
               two
               other
               Evangelists
               expresse
               not
               ,
               yet
               it
               must
               bee
               fetcht
               necessarily
               from
               the
               third
               ;
               since
               it
               is
               a
               sure
               &
               irrefragable
               rule
               ;
               
                 That
                 all
                 four
                 Evangelists
                 make
                 up
                 one
                 perfect
                 Gospell
                 ,
              
               It
               is
               therefore
               a
               very
               tottering
               and
               unsure
               ground
               which
               our
               Rhemists
               build
               upon
               ;
               as
               if
               the
               Apostle
               meant
               to
               crosse
               his
               Lord
               and
               master
               ,
               when
               hee
               saith
               ,
               
                 The
                 woman
                 which
                 hath
                 an
                 husband
                 is
                 bound
                 by
                 the
                 Law
                 to
                 her
                 husband
                 ,
                 so
                 long
                 as
                 hee
                 liveth
                 ,
                 Rom.
                 7.
                 2.
              
               therfore
               only
               death
               can
               dissolve
               the
               bond
               of
               marriage
               ;
               not
               divorce
               ,
               not
               adultery
               ,
               not
               divorce
               for
               adultery
               :
               For
               how
               plainly
               doe
               the
               words
               carry
               their
               answer
               in
               themselves
               :
               *
               
                 The
                 woman
              
               (
               saith
               the
               
               Apostle
               )
               
                 that
                 hath
                 an
                 husband
              
               :
               but
               the
               woman
               legally
               divorced
               for
               fornication
               ,
               hath
               no
               husband
               :
               S.
               Paul
               speakes
               of
               a
               true
               wife
               ,
               not
               a
               divorced
               harlot
               :
               hee
               had
               no
               occasion
               here
               to
               look
               aside
               at
               matter
               of
               divorce
               ,
               but
               takes
               marriage
               as
               in
               its
               intire
               right
               ;
               rather
               desiring
               to
               urge
               (
               for
               cleering
               the
               case
               of
               our
               obligation
               to
               the
               law
               )
               that
               the
               husband
               being
               once
               dead
               ,
               the
               wife
               is
               free
               to
               marry
               again
               ,
               then
               to
               intimate
               the
               case
               of
               her
               incapacity
               to
               marry
               till
               he
               be
               dead
               .
            
             
               As
               for
               that
               bond
               therfore
               ,
               which
               is
               so
               much
               stood
               upon
               ,
               if
               it
               be
               taken
               without
               all
               relations
               to
               the
               duties
               of
               bed
               and
               board
               ;
               it
               is
               meerly
               Chimericall
               ;
               nothing
               but
               fantasie
               .
               There
               are
               ,
               or
               should
               bee
               Bonds
               of
               affectation
               ;
               Bonds
               of
               mutual
               respects
               ,
               and
               reciprocall
               duties
               betwixt
               man
               and
               wife
               ,
               and
               these
               must
               hold
               firme
               notwithstanding
               any
               locall
               separation
               ;
               neither
               time
               ,
               nor
               place
               may
               so
               much
               
               as
               slacken
               ,
               much
               lesse
               loose
               them
               :
               but
               where
               a
               just
               divorce
               intervenes
               ,
               these
               bonds
               are
               chopt
               in
               peeces
               ,
               and
               no
               more
               are
               ,
               then
               if
               they
               had
               never
               beene
               :
               And
               if
               all
               relations
               cease
               in
               death
               (
               as
               they
               doe
               ,
               in
               whatsoever
               kind
               )
               surely
               divorce
               ,
               being
               (
               as
               it
               is
               )
               no
               other
               then
               a
               legall
               death
               ,
               doth
               utterly
               cut
               off
               (
               as
               the
               hebrew
               term
               imports
               )
               all
               former
               obligations
               and
               respects
               betwixt
               the
               partys
               so
               finaly
               separated
               .
            
             
               The
               adulterous
               wife
               therfore
               duly
               divorced
               being
               thus
               dead
               in
               law
               as
               to
               her
               husband
               ,
               the
               husband
               stands
               now
               as
               free
               as
               if
               he
               had
               never
               married
               ,
               so
               as
               I
               know
               not
               why
               the
               Apostle
               should
               not
               as
               well
               speake
               to
               him
               as
               to
               any
               other
               ;
               when
               he
               saith
               :
               
                 Neverthelesse
                 to
                 avoid
                 fornication
                 ,
                 let
                 every
                 man
                 have
                 his
                 own
                 wife
                 ,
                 1
                 Cor.
                 7.
                 2.
                 
              
               Neither
               is
               it
               otherwise
               in
               the
               case
               of
               a
               chaste
               wife
               after
               her
               separation
               from
               an
               adulterous
               husband
               ,
               
                 Mar.
                 10.
                 12.
              
               
               
               In
               these
               rights
               God
               makes
               no
               difference
               of
               sexes
               ,
               both
               may
               lawfully
               claim
               the
               same
               immunities
               :
               which
               certainly
               should
               they
               be
               denied
               to
               either
               ,
               must
               needs
               draw
               on
               very
               great
               inconveniences
               :
               For
               in
               how
               hard
               a
               condition
               should
               the
               innocent
               party
               be
               hereupon
               left
               ?
               Either
               the
               husband
               or
               wife
               must
               bee
               forced
               to
               live
               with
               an
               adultrous
               consort
               ;
               or
               be
               tyed
               to
               a
               perpetuall
               necessity
               of
               either
               doing
               that
               (
               which
               perhaps
               they
               cannot
               do
               )
               containing
               ;
               or
               of
               suffering
               that
               which
               they
               ought
               not
               to
               endure
               ,
               burning
               .
            
             
               What
               remedy
               now
               can
               bee
               expected
               of
               so
               great
               a
               mischief
               ?
               Our
               Romish
               doctors
               propose
               two
               ;
               Reconciliation
               ,
               or
               Continence
               :
               Both
               good
               ,
               where
               they
               may
               be
               had
               ;
               Reconciliation
               ,
               in
               case
               of
               a
               seasonable
               &
               submisse
               repentance
               ;
               That
               which
               is
               the
               Apostles
               charge
               in
               case
               of
               desertion
               ,
               holds
               here
               also
               ,
               [
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ]
               
                 let
                 her
                 
                 be
                 reconciled
              
               ;
               the
               more
               hainous
               the
               wrong
               is
               ,
               the
               more
               commendable
               is
               the
               remission
               .
            
             
               Continence
               ,
               after
               such
               separation
               ,
               in
               case
               of
               ability
               so
               granted
               :
               for
               surely
               this
               holy
               disposition
               is
               a
               gift
               ;
               and
               therefore
               is
               not
               had
               ,
               where
               it
               is
               not
               bestowed
               ;
               those
               that
               place
               it
               in
               our
               power
               ,
               derogate
               from
               the
               thanks
               of
               the
               giver
               :
               yea
               ,
               he
               that
               gives
               it
               tels
               us
               
                 all
                 cannot
                 receive
                 it
                 ,
                 Mar.
                 19.
                 11.
              
               hee
               must
               not
               only
               give
               it
               ,
               but
               give
               us
               power
               to
               take
               it
               .
            
             
               But
               where
               the
               offending
               party
               is
               obstinately
               vicious
               ;
               &
               the
               innocent
               (
               after
               all
               endeavors
               )
               unable
               to
               contain
               ,
               without
               a
               supply
               of
               marriage
               ,
               the
               case
               is
               remedilesse
               ;
               and
               we
               know
               Gods
               mercy
               such
               ,
               as
               that
               he
               leaves
               no
               man
               for
               matter
               of
               resolution
               utterly
               perplexed
               .
            
             
               Shortly
               then
               ,
               I
               doubt
               not
               but
               I
               may
               notwithstanding
               great
               authorities
               to
               the
               contrary
               )
               safely
               resolve
               ,
               
               that
               in
               the
               case
               of
               divorce
               it
               is
               lawful
               for
               the
               innocent
               person
               to
               marry
               ;
               But
               for
               that
               I
               finde
               the
               *
               Church
               of
               England
               hitherto
               somwhat
               tender
               in
               the
               point
               ;
               and
               this
               practice
               ,
               where
               it
               rarely
               falls
               ,
               generally
               held
               ,
               though
               not
               sinfull
               ,
               yet
               of
               ill
               report
               ,
               and
               abnoxious
               to
               various
               censures
               ;
               I
               should
               therfore
               earnestly
               advise
               and
               exhort
               those
               whom
               it
               may
               concerne
               ,
               carefully
               and
               effectually
               to
               apply
               themselves
               to
               the
               fore-mentioned
               remedies
               ;
               Reconciliation
               ,
               if
               it
               be
               possible
               ,
               to
               prevent
               a
               divorce
               ;
               Holy
               endeavors
               of
               a
               continued
               continence
               (
               if
               it
               may
               be
               obtain'd
               )
               to
               prevent
               a
               second
               marriage
               after
               divorce
               :
               But
               if
               these
               prevail
               not
               ,
               I
               dare
               not
               lay
               a
               load
               upon
               any
               mans
               conscience
               which
               God
               hath
               not
               burdened
               ;
               I
               dare
               not
               ensnare
               those
               whom
               God
               will
               have
               free
               .
            
          
           
             
             
               CASE
               IV.
               
            
             
               Whether
               the
               authoritie
               of
               a
               Father
               may
               reach
               so
               farre
               as
               to
               command
               or
               compell
               the
               Child
               to
               dispose
               of
               himself
               in
               Marriage
               where
               hee
               shall
               appoint
               .
            
             
               THe
               extent
               of
               a
               paternal
               power
               ,
               as
               we
               have
               partly
               shewed
               already
               ,
               hath
               been
               wont
               to
               be
               very
               large
               ;
               reaching
               in
               som
               cases
               by
               the
               Civill
               law
               to
               the
               life
               of
               the
               Child
               ;
               and
               by
               the
               Jewish
               law
               ,
               to
               his
               liberty
               :
               so
               as
               it
               might
               seem
               much
               more
               over-ruling
               in
               case
               of
               Marriage
               ;
               which
               also
               seemes
               to
               be
               intimated
               by
               the
               Apostle
               in
               that
               he
               supposes
               and
               gives
               a
               power
               to
               the
               parent
               either
               
                 to
                 give
                 or
                 keep
                 his
                 virgin
                 :
              
               And
               how
               apt
               parents
               are
               to
               make
               use
               of
               this
               awfull
               authority
               in
               matching
               their
               children
               for
               their
               own
               worldly
               advantage
               ,
               contrary
               to
               their
               affections
               and
               disposition
               ,
               
               we
               have
               too
               lamentable
               experience
               every
               day
               ;
               neither
               is
               it
               easy
               to
               set
               forth
               the
               mischievous
               effects
               that
               have
               followed
               upon
               those
               compelled
               marriages
               :
               for
               hence
               ensue
               perpetuall
               discontentments
               to
               the
               parties
               so
               forcedly
               conjoyned
               ;
               an
               utter
               frustration
               of
               the
               end
               of
               mariage
               ,
               which
               should
               be
               mutuall
               comfort
               :
               and
               not
               seldome
               ,
               dangerous
               machinations
               against
               the
               life
               of
               the
               disaffected
               consort
               ;
               as
               it
               were
               too
               easie
               to
               instance
               every
               where
               ;
               but
               especially
               if
               the
               affections
               of
               the
               yong
               couple
               have
               been
               before
               (
               as
               it
               oft
               falls
               out
               )
               placed
               elsewhere
               ;
               what
               secret
               heart
               burnings
               ;
               what
               loathing
               of
               conjugall
               society
               ;
               what
               adulterous
               plottings
               doe
               straight
               follow
               ;
               what
               unkind
               defiances
               passe
               between
               them
               ?
               how
               do
               they
               weare
               out
               their
               days
               in
               a
               melancholick
               pining
               ,
               &
               wish
               each
               other
               ,
               &
               themselves
               dead
               too
               soon
               ?
               Yea
               herin
               an
               imperious
               or
               covetous
               
               parent
               may
               be
               most
               injurious
               to
               him selfe
               ,
               in
               robbing
               himselfe
               of
               that
               comfort
               which
               he
               might
               receive
               from
               a
               dutifull
               child
               in
               her
               person
               ,
               in
               her
               posterity
               ;
               for
               the
               avoiding
               of
               which
               mischiefs
               it
               were
               meet
               &
               happy
               ,
               that
               both
               parent
               and
               child
               could
               both
               know
               their
               limits
               ,
               which
               God
               ,
               and
               nature
               hath
               set
               ,
               and
               keep
               them
               .
            
             
               Let
               the
               child
               then
               know
               that
               he
               is
               his
               parents
               ;
               that
               as
               he
               was
               once
               a
               part
               of
               them
               ,
               in
               respect
               of
               his
               natural
               being
               ,
               so
               he
               should
               be
               still
               in
               his
               affections
               ,
               and
               obsequiousness
               ,
               and
               therfore
               that
               hee
               ought
               to
               labour
               by
               all
               means
               to
               bring
               his
               heart
               unto
               a
               conformity
               to
               his
               parents
               will
               &
               desire
               ,
               according
               to
               that
               universall
               rule
               of
               the
               Apostle
               ,
               
                 Children
                 obey
                 your
                 parents
                 in
                 all
                 things
                 ;
                 for
                 this
                 is
                 well
                 pleasing
                 unto
                 the
                 Lord
                 :
                 Colos.
                 3.
                 20.
                 
              
               The
               word
               is
               comprehensive
               ,
               
                 In
                 all
                 things
              
               .
               Things
               unlawfull
               passe
               for
               impossible
               ;
               we
               only
               can
               doe
               what
               we
               ought
               .
               
               In
               all
               those
               things
               then
               which
               are
               honest
               ,
               lawfull
               ,
               just
               ,
               parents
               must
               be
               obeyed
               :
               And
               the
               motions
               for
               marriage
               being
               such
               ,
               impose
               upon
               the
               child
               so
               far
               a
               duty
               of
               obedience
               as
               that
               he
               is
               bound
               to
               work
               his
               affections
               what
               he
               may
               to
               a
               compliance
               with
               his
               parents
               will
               ;
               the
               wilful
               neglect
               whereof
               is
               no
               better
               then
               a
               kind
               of
               domestique
               rebellion
               .
            
             
               Let
               the
               parent
               again
               consider
               that
               the
               child
               however
               derived
               from
               his
               loins
               ,
               is
               now
               an
               entire
               person
               in
               him self
               ;
               that
               though
               the
               body
               came
               from
               him
               ,
               yet
               the
               soule
               was
               from
               above
               ;
               that
               the
               soul
               of
               his
               child
               is
               endowed
               with
               powers
               and
               faculties
               of
               its
               own
               ;
               that
               as
               he
               is
               not
               animated
               by
               his
               parents
               spirits
               ,
               so
               he
               is
               not
               in
               wardly
               swayed
               by
               his
               parents
               will
               or
               affections
               ;
               that
               when
               his
               reason
               coms
               to
               be
               improved
               ,
               there
               may
               bee
               differences
               of
               judgement
               betwixt
               his
               parent
               and
               him
               ,
               and
               from
               thence
               may
               
               arise
               a
               diversity
               or
               contrariety
               of
               affections
               and
               desires
               ;
               and
               these
               affections
               and
               passions
               may
               grow
               to
               such
               strength
               as
               that
               he
               himselfe
               sh●ll
               not
               be
               able
               to
               ma●ter
               them
               ;
               and
               if
               the
               parent
               feele
               himself
               subject
               to
               such
               infirmities
               ,
               well
               may
               he
               be
               induced
               to
               pity
               those
               whom
               a
               vigorous
               heat
               of
               youth
               hath
               rendred
               more
               head-strong
               and
               unruly
               ;
               withall
               ,
               let
               him
               consider
               that
               though
               the
               child
               shold
               be
               advised
               by
               the
               parent
               ,
               yet
               it
               is
               fit
               that
               he
               should
               like
               for
               himselfe
               ;
               that
               the
               will
               is
               to
               be
               led
               ,
               not
               driven
               ;
               that
               no
               marriage
               can
               be
               happy
               ,
               but
               that
               which
               is
               grounded
               in
               love
               ;
               that
               love
               is
               so
               altogether
               voluntary
               ,
               that
               it
               can
               not
               consist
               with
               constraint
               .
            
             
               Lastly
               ,
               let
               him
               know
               that
               the
               power
               of
               the
               father
               though
               great
               ,
               yet
               is
               not
               unlimited
               ;
               It
               is
               the
               charge
               which
               the
               father
               of
               mercies
               hath
               laid
               upon
               all
               earthly
               fathers
               in
               their
               carriage
               towards
               their
               children
               ;
               
                 Fathers
                 ,
                 provoke
                 
                 not
                 your
                 children
                 to
                 wrath
              
               (
               or
               (
               as
               the
               *
               Vulgar
               reads
               it
               )
               
                 to
                 indignation
                 )
                 lest
                 they
                 be
                 discouraged
                 :
              
               and
               surely
               ,
               if
               there
               be
               any
               thing
               wherein
               the
               passion
               of
               the
               child
               may
               be
               like
               to
               be
               inordinately
               stirred
               ,
               it
               is
               in
               the
               crossing
               of
               an
               once-well-setled-affection
               ;
               and
               diverting
               the
               streame
               of
               love
               into
               another
               channell
               ;
               For
               the
               avoiding
               whereof
               the
               imperiall
               lawes
               have
               been
               so
               indulgent
               to
               the
               child
               ;
               as
               that
               (
               according
               to
               their
               best
               glosses
               )
               they
               permit
               not
               the
               father
               to
               disinherit
               the
               daughter
               for
               chosing
               an
               husband
               not
               unworthy
               of
               her self
               ,
               though
               against
               her
               fathers●
               mind
               ;
               yea
               some
               of
               them
               have
               gone
               a
               step
               further
               :
               but
               I
               forbeare
               :
               How
               far
               it
               may
               be
               lawfull
               and
               fit
               for
               the
               parent
               to
               puni●h
               the
               disrespect
               of
               a
               child
               ;
               in
               so
               important
               a
               case
               ,
               is
               not
               for
               me
               to
               determine
               ;
               doubtlesse
               where
               the
               provision
               is
               
               arbitrary
               ,
               the
               parent
               will
               be
               apt
               so
               to
               manage
               it
               ,
               as
               to
               make
               the
               child
               sensible
               of
               a
               disobedience
               ;
               so
               as
               both
               parts
               herein
               suffer
               ,
               and
               are
               put
               into
               a
               way
               of
               late
               repentance
               .
            
             
               Briefly
               therefore
               ,
               on
               the
               one
               side
               the
               Son
               or
               Daughter
               doe
               justly
               offend
               ,
               if
               without
               cause
               ,
               or
               wilfully
               they
               refuse
               the
               parents
               choyce
               ;
               and
               are
               in
               duty
               bound
               to
               worke
               their
               hearts
               to
               an
               obedient
               subjection
               to
               those
               ,
               unto
               whom
               they
               owe
               themselves
               ;
               and
               for
               this
               cause
               must
               bee
               wary
               in
               suffering
               their
               affections
               to
               over-runne
               their
               owne
               reason
               ,
               and
               their
               parents
               guidance
               ;
               eyther
               suppressing
               the
               first
               motions
               of
               unruly
               passions
               ,
               or
               if
               they
               grow
               impetuous
               ,
               venting
               them
               betimes
               into
               the
               tender
               eares
               of
               their
               indulgent
               Parents
               ,
               or
               discreet
               and
               faithful
               friends
               ;
               that
               so
               they
               may
               seasonably
               prevent
               their
               own
               misery
               ,
               and
               their
               parents
               grief
               :
               On
               the
               other
               side
               the
               parent
               shal
               offend
               ,
               
               if
               holding
               too
               hard
               an
               hand
               over
               the
               fruit
               of
               his
               own
               body
               ,
               he
               shall
               resolve
               violently
               to
               force
               the
               childs
               affections
               to
               his
               own
               bent
               ;
               &
               where
               he
               finds
               them
               setled
               wil
               rather
               break
               then
               bow
               them
               ;
               not
               caring
               so
               much
               to
               perswade
               as
               to
               compell
               love
               :
               These
               harshnesses
               have
               too
               much
               of
               Tyranny
               in
               them
               to
               be
               incident
               to
               a
               Christ
               an
               parent
               ;
               who
               must
               transact
               all
               these
               matrimonial
               affaires
               in
               a
               smooth
               &
               plausible
               way
               of
               consent
               &
               indulgence
               :
               A
               noble
               and
               ancient
               pattern
               whereof
               we
               find
               in
               the
               contract
               betwixt
               Isaac
               &
               his
               
                 Rebecca
                 ,
                 Gen.
                 24.
                 49
                 ,
                 50
                 ,
                 51
                 ,
                 52
                 ,
              
               &c.
               the
               match
               was
               treated
               on
               betwixt
               Abrahams
               proxie
               ,
               and
               the
               maids
               father
               Bethuel
               ,
               and
               her
               brother
               Laban
               :
               The
               circumstances
               drew
               their
               full
               consent
               ;
               all
               is
               agreed
               upon
               betwixt
               parents
               ;
               but
               when
               all
               this
               is
               don
               ,
               nothing
               is
               don
               till
               Rebecca
               have
               given
               her
               assent
               ;
               they
               said
               ,
               
                 Wee
                 will
                 call
                 the
                 damsell
                 ,
                 and
                 enquire
                 at
                 her
                 
                 mouth
                 ,
              
               ver
               .
               57.
               
               
                 And
                 they
                 called
              
               Rebecca
               ,
               
                 and
                 said
                 unto
                 her
                 ,
                 Wilt
                 thou
                 goe
                 with
                 this
                 man
                 ?
                 And
                 she
                 said
                 ,
                 I
                 will
                 goe
                 .
              
               ver
               .
               58.
               
               Now
               the
               contract
               is
               made
               up
               ;
               till
               then
               ,
               all
               the
               engagements
               of
               Bethuel
               and
               Laban
               were
               but
               complements
               ;
               Till
               then
               ,
               all
               the
               rich
               Jewels
               of
               Gold
               and
               Silver
               given
               to
               the
               intended
               Bride
               ;
               and
               all
               the
               precious
               things
               given
               to
               her
               mother
               ,
               &
               brother
               ,
               were
               but
               at
               the
               mercy
               of
               the
               receivers
               ;
               Neither
               ought
               it
               to
               be
               other
               in
               all
               Christian
               espousals
               ;
               the
               free
               and
               cheerfull
               consent
               of
               parents
               and
               parties
               makes
               the
               match
               both
               full
               and
               happy
               ;
               Let
               not
               the
               Childe
               dare
               to
               crosse
               his
               parents
               ;
               let
               not
               the
               Parent
               think
               to
               force
               the
               child
               ;
               and
               when
               an
               undue
               bargain
               is
               ,
               through
               the
               heat
               of
               passion
               ,
               made
               up
               past
               reclamation
               ,
               let
               love
               and
               pity
               so
               far
               intercede
               for
               the
               offenders
               ,
               that
               they
               may
               smart
               for
               their
               rashness
               &
               neglect
               ,
               without
               their
               utter
               undoing
               .
            
          
           
             
             
               CASE
               V.
               
            
             
               Whether
               the
               marriage
               of
               Cousens
               Germans
               ,
               that
               is
               ,
               of
               Brothers
               or
               Sisters
               Children
               ,
               be
               lawfull
               .
            
             
               THe
               displeasure
               of
               the
               Canon
               law
               against
               such
               marriages
               is
               so
               high
               flowne
               ,
               that
               no
               lesse
               can
               take
               it
               off
               then
               an
               utter
               diremtion
               of
               them
               even
               though
               they
               be
               not
               ratified
               only
               ,
               but
               consummate
               by
               carnall
               knowledg
               :
               and
               the
               grave
               authority
               of
               some
               ancient
               and
               holy
               Fathers
               ,
               and
               eminent
               Doctors
               of
               the
               Church
               (
               besides
               five
               severall
               Councels
               )
               have
               passed
               an
               hard
               sentence
               upon
               them
               .
               The
               maine
               ground
               of
               the
               supposed
               unlawfulness
               ,
               is
               ,
               that
               clause
               of
               Gods
               Law
               which
               was
               more
               then
               judiciall
               :
               
                 No
                 man
                 shall
                 approach
                 unto
                 any
                 neere
                 of
                 kin
                 to
                 his
                 flesh
                 to
                 uncover
                 their
                 nakednesse
                 ;
                 I
                 am
                 the
                 Lord
                 ,
                 Levit.
                 18.
                 6.
                 
              
               Which
               though
               
                 Cornelius
                 
                 à
                 Lapide
              
               *
               (
               following
               his
               Radulphus
               )
               would
               seeme
               to
               restraine
               to
               the
               ensuing
               particularities
               onely
               ;
               yet
               they
               may
               not
               think
               that
               God
               will
               suffer
               so
               universal
               a
               charge
               to
               be
               so
               straitly
               pent
               ,
               especially
               ,
               when
               we
               know
               that
               there
               are
               divers
               other
               no
               lesse
               unlawful
               copulations
               omitted
               in
               this
               black
               Roll
               of
               uncleannesses
               ,
               then
               those
               which
               are
               expresly
               mentioned
               ;
               the
               rest
               being
               intended
               to
               come
               in
               by
               way
               of
               analogy
               only
               :
               for
               it
               is
               easy
               for
               any
               reader
               to
               observe
               ,
               that
               all
               the
               severalities
               of
               the
               degrees
               prohibited
               run
               still
               upon
               the
               male
               ;
               under
               which
               ,
               if
               the
               like
               exorbitances
               of
               the
               other
               sexe
               were
               not
               meant
               to
               be
               comprehended
               ,
               females
               should
               be
               lawlesse
               ,
               and
               the
               lawe
               imperfect
               ;
               To
               marry
               then
               with
               a
               Cousen-german
               is
               apprehended
               by
               these
               Canonists
               to
               be
               an
               approach
               to
               
                 one
                 neare
                 kinne
                 to
                 our
                 flesh
              
               ;
               and
               therefore
               
               intimated
               in
               that
               inhibition
               :
               Doctor
               *
               Willet
               (
               a
               man
               much
               deserving
               of
               Gods
               Church
               )
               conceives
               these
               marriages
               to
               bee
               analogically
               forbidden
               ,
               in
               this
               catalogue
               of
               Moses
               For
               ,
               saith
               he
               ,
               if
               the
               degrees
               of
               affinity
               be
               limited
               to
               the
               third
               or
               fourth
               degree
               ;
               as
               it
               is
               not
               lawfull
               for
               a
               man
               to
               marry
               his
               wives
               daughters
               daughter
               
                 (
                 Levit.
                 18.
                 17.
                 
              
               )
               why
               should
               not
               the
               line
               of
               consanguinity
               hold
               to
               the
               fourth
               degree
               likwise
               ;
               and
               so
               neither
               the
               sonne
               to
               marry
               his
               fathers
               brothers
               daughter
               ;
               or
               the
               daughter
               the
               sonne
               ?
               But
               that
               worthy
               Divine
               did
               not
               heedfully
               observe
               the
               great
               difference
               betwixt
               these
               instanced
               degrees
               ;
               for
               the
               one
               of
               these
               is
               an
               equal
               line
               ,
               the
               other
               in
               an
               unequal
               ;
               the
               one
               is
               a
               collaterall
               consanguinity
               ,
               the
               other
               is
               in
               a
               directly
               descending
               affinity
               ;
               so
               as
               the
               husband
               should
               bee
               grandfather
               in
               law
               to
               the
               wife
               ,
               which
               
               in
               all
               reason
               were
               very
               unlawful
               ,
               and
               absurd
               ;
               since
               in
               all
               those
               descending
               degrees
               there
               is
               a
               kinde
               of
               reverential
               inequality
               betwixt
               the
               lower
               and
               superiour
               ,
               which
               abhorres
               from
               all
               proportion
               of
               a
               match
               :
               whereas
               the
               collateral
               equidistance
               of
               Cousensgerman
               from
               the
               stock
               whence
               both
               descend
               ,
               hath
               in
               it
               no
               such
               appearance
               of
               inequality
               ,
               Certainly
               then
               ,
               no
               analogy
               can
               draw
               these
               marriages
               within
               the
               prohibition
               ;
               whether
               the
               neerenesse
               of
               approach
               to
               our
               flesh
               be
               a
               just
               bar
               to
               them
               ,
               must
               be
               further
               considered
               .
            
             
               Gregory
               *
               ,
               (
               whom
               some
               would
               faine
               interess
               in
               our
               English
               Apostle
               ship
               )
               writing
               to
               his
               Augustine
               ,
               in
               way
               of
               answere
               to
               his
               Interrogations
               puts
               these
               mariages
               in
               the
               same
               rank
               with
               the
               marriages
               of
               brothers
               and
               sisters
               ,
               which
               hee
               brands
               with
               this
               note
               ,
               that
               they
               seldom
               ever
               prove
               
               fruitfull
               ;
               As
               for
               those
               of
               brothers
               and
               sisters
               (
               which
               were
               usual
               ,
               as
               
                 Dio
                 dorus
                 Siculus
              
               tells
               us
               )
               amongst
               the
               Egiptians
               ,
               and
               are
               this
               day
               in
               use
               in
               barbarous
               nations
               )
               nature
               it selfe
               abominates
               the
               mention
               of
               them
               :
               In
               the
               first
               plantation
               of
               the
               world
               there
               was
               a
               necessity
               of
               them
               ;
               as
               without
               which
               there
               could
               have
               been
               no
               humane
               generation
               ;
               but
               afterwards
               ,
               as
               the
               Earth
               grew
               more
               peopled
               ,
               so
               these
               matches
               grew
               still
               more
               odious
               :
               like
               as
               it
               was
               also
               in
               the
               first
               plantation
               of
               the
               Church
               ;
               the
               holy
               Seed
               being
               confined
               to
               a
               narrow
               compasse
               ,
               were
               forced
               ,
               unlesse
               they
               would
               joyne
               with
               Infidels
               ,
               to
               match
               somtimes
               over-neer
               to
               themselves
               ;
               as
               even
               Abraham
               himself
               ,
               the
               father
               of
               the
               faithfull
               ,
               married
               his
               brothers
               daughter
               :
               but
               when
               the
               bounds
               of
               men
               and
               beleevers
               came
               to
               be
               enlarged
               ,
               the
               greater
               elbow
               room
               opened
               a
               wider
               liberty
               of
               choice
               ;
               and
               now
               
               Gods
               select
               people
               found
               it
               meet
               to
               observe
               a
               due
               distance
               in
               the
               elections
               of
               their
               wives
               ;
               so
               regarding
               the
               entireness
               of
               their
               Tribes
               ,
               as
               that
               they
               fell
               not
               within
               the
               lines
               of
               prohibition
               ;
               wherein
               no
               mention
               being
               made
               of
               brothers
               and
               sisters
               children
               in
               all
               ages
               and
               nations
               ,
               some
               have
               thought
               fit
               to
               make
               use
               of
               their
               free-dom
               in
               this
               kind
               .
            
             
               What
               neede
               I
               to
               urge
               the
               case
               of
               Zelophehads
               five
               daughters
               ,
               
                 Num.
                 36.
                 11.
              
               who
               by
               Gods
               own
               approbation
               ,
               were
               married
               to
               their
               fathers
               brothers
               sonnes
               ;
               To
               mince
               the
               matter
               ,
               and
               to
               make
               these
               sonnes
               ,
               nephews
               ,
               according
               ao
               the
               Hebrew
               phrase
               (
               as
               Doctor
               Willet
               indeavors
               to
               doe
               )
               is
               without
               either
               need
               or
               warrant
               ;
               since
               these
               scruples
               were
               not
               since
               that
               time
               stood
               upon
               by
               the
               Jewish
               people
               :
               yea
               this
               practise
               was
               no
               lesse
               current
               among
               the
               civiller
               heathens
               of
               old
               ;
               I
               could
               tell
               you
               of
               
               Cluentia
               *
               (
               by
               Ciceroes
               relation
               )
               married
               to
               her
               cousen
               
                 Marc.
                 Aurius
              
               ;
               of
               
                 Marcus
                 Antonius
              
               the
               wise
               and
               vertuous
               Philosopher
               ,
               marrying
               his
               cousen
               Faustina
               ,
               and
               a
               world
               of
               others
               :
               were
               not
               this
               labor
               saved
               me
               by
               the
               learned
               lawyer
               Hotoman
               ;
               who
               tells
               us
               how
               universall
               this
               liberty
               was
               of
               old
               ,
               as
               being
               enacted
               by
               the
               lawes
               of
               the
               Roman
               Empire
               ;
               and
               descending
               to
               the
               lawes
               of
               †
               Justitian
               ;
               confidently
               affirmes
               that
               for
               five
               hundred
               yeeres
               ,
               all
               Christian
               people
               
                 (
                 magno
                 consensu
              
               )
               allowed
               and
               followed
               these
               Imperiall
               constitutions
               concerning
               Matrimony
               :
               Although
               I
               might
               here
               put
               him
               in
               minde
               of
               Theodosius
               enacting
               the
               contrary
               in
               his
               time
               ;
               as
               it
               is
               like
               ,
               by
               S.
               *
               Ambroses
               instigation
               ;
               who
               then
               sharply
               inveighed
               against
               these
               matches
               in
               a
               
               vehement
               epistle
               to
               Paternus
               ,
               being
               then
               in
               hand
               with
               a
               marriage
               betwixt
               his
               son
               &
               his
               sisters
               daughter
               :
               But
               excepting
               that
               good
               Emperour
               ,
               the
               coast
               was
               cleare
               perhaps
               ,
               for
               the
               Cesarean
               constitutions
               ;
               not
               so
               for
               the
               judgement
               of
               Divines
               ;
               amongst
               whom
               ,
               it
               were
               enough
               that
               S.
               Ambrose
               and
               S.
               Augustine
               (
               the
               flower
               of
               the
               Latine
               fathers
               )
               if
               no
               other
               ,
               doe
               bitterly
               oppose
               it
               :
               This
               judgement
               being
               found
               not
               probable
               only
               ,
               but
               exceeding
               profitable
               to
               the
               Roman
               See
               ,
               it
               is
               no
               wonder
               if
               it
               obteyned
               both
               credit
               and
               vigour
               from
               thence
               .
               Decrees
               &
               Decretals
               make
               this
               inhibition
               good
               ,
               not
               without
               damning
               the
               contrary
               practise
               ;
               and
               now
               the
               Civill
               and
               Canon
               lawes
               clashing
               with
               one
               another
               ,
               how
               can
               it
               be
               but
               the
               prevalence
               must
               be
               according
               to
               the
               power
               of
               the
               abettor
               ?
               What
               liberty
               the
               Court
               of
               Rome
               hath
               taken
               to
               it self
               in
               the
               restraint
               of
               marriages
               ,
               
               and
               upon
               what
               ground
               ;
               all
               Christendom
               both
               sees
               and
               feeles
               :
               One
               while
               their
               prohibition
               reaches
               to
               the
               seventh
               degree
               in
               natural
               kindred
               ,
               then
               to
               the
               fourth
               :
               One
               while
               the
               impediment
               of
               spirituall
               cognation
               ,
               is
               streched
               so
               far
               ,
               without
               any
               colour
               of
               divine
               authority
               ,
               as
               that
               (
               what
               by
               *
               Baptisme
               ,
               what
               by
               Confirmation
               )
               twenty
               severall
               persons
               are
               excluded
               from
               the
               capacitie
               of
               intermarriage
               :
               Anotherwhile
               the
               market
               is
               faln
               to
               fourteene
               :
               And
               wherefore
               this
               ?
               but
               for
               the
               sweet
               &
               scarce
               valuable
               gaine
               of
               Dispensations
               ,
               upon
               these
               occasions
               flowing
               in
               to
               the
               Lateran
               treasure
               ?
               For
               which
               considerations
               wee
               have
               learned
               not
               to
               attribute
               too
               much
               to
               the
               judgement
               or
               practise
               of
               the
               Roman
               courtiers
               in
               this
               point
               .
               Upon
               the
               sūming
               
               up
               then
               of
               this
               discourse
               ,
               will
               you
               bee
               pleased
               to
               see
               the
               vast
               latitude
               of
               different
               opinions
               concerning
               these
               marriages
               ?
               The
               Canon
               lawe
               decryes
               them
               with
               such
               rigour
               ,
               as
               to
               ordain
               them
               (
               though
               after
               a
               conjugall
               conversation
               )
               separated
               ;
               some
               moderate
               Divines
               (
               as
               Doctor
               Willet
               )
               finding
               this
               sentence
               too
               hard
               ,
               go
               not
               so
               far
               ;
               but
               hold
               this
               neerness
               of
               blood
               a
               sufficient
               bar
               to
               hinder
               a
               marriage
               contracted
               ,
               though
               not
               consummate
               :
               som
               others
               (
               as
               Mr.
               Perkins
               in
               my
               conference
               with
               him
               )
               hold
               it
               ,
               though
               not
               unlawfull
               ,
               yet
               inconvenient
               :
               som
               others
               (
               as
               learned
               and
               accute
               M.
               Wootton
               ,
               and
               M.
               Attersoll
               )
               who
               have
               written
               a
               very
               large
               discourse
               in
               way
               of
               vindication
               of
               them
               )
               hold
               them
               both
               lawfull
               ,
               and
               not
               inexpedient
               ;
               *
               Hotoman
               yet
               higher
               ,
               
                 pium
                 &
                 Christianum
                 esse
                 ,
                 quod
                 duarum
                 
                 sororum
                 liberi
                 matrimonio
                 copulentur
              
               ;
               that
               such
               a
               marriage
               is
               pious
               and
               Christian
               :
               In
               all
               this
               variety
               if
               you
               desire
               my
               opinion
               ,
               I
               shall
               neyther
               censure
               such
               marriages
               where
               they
               are
               made
               ,
               nor
               yet
               incourage
               them
               to
               be
               made
               where
               they
               are
               not
               :
               to
               those
               that
               are
               free
               I
               should
               be
               apt
               to
               suggest
               counsails
               of
               forbearance
               ,
               the
               world
               is
               wide
               ,
               the
               choice
               abundant
               ;
               let
               it
               be
               never
               so
               lawfull
               ,
               yet
               how
               unwise
               and
               unsafe
               were
               it
               to
               put
               the
               conscience
               upon
               the
               nicety
               of
               a
               dangerous
               scruple
               ,
               when
               it
               may
               kee●s
               aloof
               off
               with
               a
               cleere
               freedom
               and
               resolute
               contentment
               ?
               That
               these
               marriages
               are
               disallowed
               by
               so
               great
               authority
               ,
               should
               bee
               reason
               enough
               to
               divert
               the
               free
               thoughts
               to
               a
               safer
               election
               ;
               and
               againe
               ,
               that
               these
               marriages
               are
               allowed
               both
               by
               Civill
               lawes
               ,
               and
               by
               the
               judgement
               of
               eminent
               Divines
               ;
               and
               not
               any
               where
               forbidden
               eyther
               
                 (
                 Jure
                 Caesareo
              
               or
               
               
               
               
               
               
               
               
               
               
               
               
               
               Apostolico
               )
               by
               Gods
               law
               or
               Caesars
               ;
               should
               be
               reason
               enough
               to
               bear
               up
               the
               hearts
               of
               those
               who
               are
               so
               matched
               ,
               from
               a
               scrupulous
               dejection
               .
               Let
               the
               persons
               therfore
               so
               married
               enjoy
               themselves
               with
               mutual
               complacency
               and
               comfort
               ,
               not
               disquieting
               themselves
               with
               needlesse
               anxieties
               ;
               Let
               those
               single
               persons
               who
               have
               the
               world
               before
               them
               look
               further
               off
               ;
               and
               fasten
               their
               affections
               at
               a
               more
               unquestionable
               distance
               :
               As
               it
               was
               wont
               to
               be
               worthy
               M.
               Perkins
               his
               expression
               to
               this
               purpose
               ;
               Let
               those
               who
               must
               walke
               close
               to
               the
               brimof
               a
               steep
               precipice
               ,
               look
               well
               to
               their
               feete
               and
               tread
               sure
               ,
               and
               so
               they
               may
               come
               off
               perhaps
               as
               safely
               as
               those
               that
               are
               further
               off
               ;
               but
               if
               a
               man
               be
               to
               choose
               his
               way
               ,
               let
               him
               so
               cast
               it
               ,
               as
               that
               he
               may
               not
               approach
               neere
               to
               the
               brink
               of
               danger
               .
            
          
           
             
             
               CASE
               VI.
               
            
             
               Whether
               it
               is
               necessary
               or
               requisite
               there
               should
               be
               a
               witnessed
               contract
               ,
               or
               espousals
               of
               the
               parties
               to
               bee
               Married
               ,
               before
               the
               solemnization
               of
               the
               Marriage
               .
            
             
               IT
               is
               necessary
               wee
               should
               distinguish
               betwixt
               those
               things
               which
               are
               essentiall
               to
               the
               very
               being
               of
               marriage
               ,
               &
               those
               which
               are
               requisite
               to
               the
               orderly
               and
               well-being
               of
               it
               :
               It
               may
               not
               be
               denyed
               that
               the
               marriage
               is
               true
               &
               valid
               ,
               which
               with
               full
               consent
               of
               parties
               is
               made
               without
               the
               intervention
               of
               a
               previous
               contract
               in
               a
               due
               &
               lawful
               form
               prescribed
               by
               the
               Church
               :
               but
               it
               is
               no
               less
               true
               that
               such
               a
               marriage
               is
               very
               unmeet
               ,
               &
               liable
               to
               just
               exceptions
               :
               That
               *
               God
               ,
               who
               is
               the
               author
               &
               institutor
               of
               marriage
               made
               a
               difference
               
               in
               his
               law
               ,
               betwixt
               a
               betrothing
               &
               a
               matrimony
               ;
               he
               that
               ordained
               the
               one
               ,
               ordained
               the
               other
               also
               ;
               and
               ordained
               the
               one
               in
               order
               to
               the
               other
               :
               And
               this
               was
               constantly
               observed
               in
               the
               practise
               of
               Gods
               ancient
               people
               accordingly
               ,
               so
               we
               finde
               the
               blessed
               *
               Virgin
               espoused
               to
               Joseph
               before
               his
               taking
               her
               to
               wife
               ;
               neither
               did
               the
               Christian
               Church
               think
               fit
               to
               vary
               from
               so
               holy
               a
               pattern
               ;
               whereto
               S.
               †
               Paul
               alludes
               ,
               when
               writing
               to
               ,
               and
               of
               the
               Church
               of
               Corinth
               which
               he
               had
               happily
               planted
               ,
               and
               forwarded
               in
               grace
               )
               he
               saith
               ,
               
                 I
                 have
                 espoused
                 you
                 to
                 one
                 husband
                 ,
                 that
                 I
                 may
                 present
                 you
                 as
                 a
                 chaste
                 Virgin
                 to
                 Christ.
              
               Loe
               hee
               hath
               betrothed
               them
               to
               Christ
               in
               that
               he
               had
               entred
               them
               into
               a
               Covenant
               of
               grace
               ,
               and
               prepared
               their
               soules
               for
               a
               full
               consummation
               of
               their
               blessed
               union
               with
               
               Christ
               in
               glory
               ,
               intimating
               (
               as
               Matrimony
               is
               a
               lively
               resemblance
               of
               our
               spirituall
               conjunction
               with
               the
               Lord
               of
               glory
               )
               that
               our
               bodily
               espousalls
               here
               below
               ,
               are
               they
               which
               must
               make
               way
               for
               a
               complete
               marriage
               ensuing
               :
               It
               were
               not
               difficult
               ,
               if
               it
               were
               needfull
               ,
               to
               deduce
               this
               holy
               practise
               downe
               from
               the
               primitive
               times
               to
               the
               present
               :
               Before
               the
               Nicene
               Councell
               we
               find
               the
               Synod
               of
               Ancyra
               *
               enjoyning
               a
               severe
               penance
               to
               the
               man
               that
               should
               defile
               his
               body
               by
               an
               incestuous
               copulation
               ,
               after
               espousalls
               contracted
               :
               And
               the
               Councell
               of
               Eliveris
               or
               Granado
               ,
               about
               the
               time
               of
               the
               Nicene
               convention
               ,
               takes
               such
               notice
               of
               these
               betrothings
               ,
               as
               that
               it
               decreed
               †
               ,
               that
               if
               any
               Parents
               should
               break
               the
               faith
               mutually
               engaged
               in
               these
               espousals
               ,
               they
               should
               bee
               held
               off
               during
               the
               space
               of
               three
               yeeres
               from
               the
               Communion
               .
               
               What
               should
               I
               trouble
               you
               with
               the
               Decree
               of
               *
               Syricius
               concerning
               these
               contracts
               ;
               or
               with
               the
               pregnant
               testimonies
               of
               S.
               Chrysostom
               and
               Ambrose
               to
               this
               purpose
               ;
               which
               were
               but
               to
               wast
               time
               &
               paper
               upon
               so
               cleere
               a
               truth
               ?
               As
               there
               was
               no
               Christian
               Church
               which
               did
               not
               carefully
               observe
               this
               sacred
               Rite
               :
               so
               above
               all
               other
               the
               Roman
               hath
               been
               at
               least
               curious
               enough
               in
               calling
               for
               a
               strict
               and
               severe
               account
               of
               their
               espousals
               :
               What
               voluminous
               discourses
               ?
               What
               a
               world
               of
               nice
               questions
               have
               faln
               from
               the
               pens
               of
               their
               Canonists
               and
               Casuists
               concerning
               this
               subject
               ?
               Certainly
               this
               is
               a
               point
               of
               so
               much
               use
               and
               agitation
               amongst
               them
               ,
               that
               were
               it
               not
               for
               the
               quarels
               arising
               herefrom
               ,
               it
               is
               to
               bee
               feared
               their
               consistories
               would
               want
               work
               ,
               and
               their
               Advocates
               imployment
               :
               But
               to
               speake
               ingenuously
               ,
               
               those
               of
               the
               Roman
               Clientele
               are
               not
               more
               careful
               &
               punctual
               in
               scaning
               ,
               and
               observing
               the
               rules
               and
               practise
               of
               their
               espousals
               ,
               then
               ours
               here
               are
               incurious
               of
               both
               :
               How
               many
               have
               we
               heard
               to
               say
               ,
               they
               wil
               make
               no
               promise
               of
               themselves
               till
               they
               come
               to
               the
               Church-dore
               ?
               and
               of
               those
               that
               doe
               contract
               themselves
               ,
               how
               weakly
               &
               insufficiently
               is
               it
               performed
               on
               many
               hands
               ?
               so
               as
               their
               act
               ,
               if
               questioned
               ,
               is
               no
               way
               obliging
               ;
               nor
               such
               as
               upon
               the
               least
               discontent
               ,
               will
               indure
               a
               contestation
               .
            
             
               Now
               whereas
               there
               is
               a
               double
               contract
               or
               espousall
               ,
               the
               one
               of
               the
               future
               ;
               the
               other
               of
               the
               present
               :
               that
               of
               the
               present
               ,
               if
               it
               bee
               expressed
               in
               ful
               termes
               ,
               differs
               nothing
               from
               marriage
               it self
               ,
               save
               only
               in
               the
               publick
               solemnization
               ;
               which
               doubtlesse
               is
               a
               ceremony
               so
               requisite
               ,
               as
               that
               without
               it
               an
               horrible
               confusion
               must
               
               needes
               follow
               both
               in
               Church
               and
               State.
               
            
             
               That
               of
               the
               future
               ,
               is
               a
               mutuall
               engagement
               of
               both
               parties
               ,
               that
               they
               will
               marry
               each
               other
               ;
               which
               is
               most
               properly
               an
               espousall-Contract
               ;
               giving
               both
               assurance
               to
               each
               other
               of
               a
               mutuall
               consent
               to
               a
               Matrimony
               that
               shall
               bee
               ;
               and
               yet
               withall
               some
               meet
               respiration
               of
               a
               more
               full
               triall
               and
               inquiry
               into
               each
               others
               condition
               :
               For
               which
               purpose
               the
               wisdom
               of
               the
               Church
               hath
               ordained
               that
               there
               should
               be
               a
               solemne
               publication
               of
               that
               more
               private
               Contract
               three
               severall
               Sabbaths
               ,
               to
               the
               whole
               Congregation
               ;
               not
               with
               ur
               the
               earnest
               charge
               of
               a
               discovery
               of
               whatsoever
               impediment
               might
               justly
               hinder
               the
               intended
               matrimony
               .
            
             
               The
               frequent
               ,
               but
               unfit
               ,
               use
               of
               these
               espousall-Contracts
               in
               the
               Roman
               Church
               ,
               betwixt
               their
               children
               
               in
               minority
               (
               allowing
               *
               seven
               yeers
               in
               eyther
               parry
               for
               a
               meete
               age
               to
               this
               purpose
               )
               must
               needs
               breed
               both
               much
               question
               and
               inconvenience
               :
               but
               in
               those
               which
               are
               of
               a
               mature
               age
               ,
               and
               therefore
               able
               to
               judge
               of
               what
               may
               bee
               most
               expedient
               for
               themselves
               ,
               this
               institution
               cannot
               be
               but
               singularly
               usefull
               &
               beneficiall
               :
               For
               neither
               is
               it
               meet
               that
               so
               great
               a
               work
               ,
               and
               so
               highly
               importing
               us
               as
               matrimony
               ,
               should
               bee
               rashly
               and
               suddainly
               undertaken
               ;
               neither
               doth
               it
               a
               little
               conduce
               to
               our
               safety
               ,
               that
               since
               marriage
               once
               passed
               is
               irreversible
               ,
               we
               may
               have
               som
               breathing-time
               betwixt
               our
               promise
               and
               accomplishment
               to
               inform
               our selves
               throughly
               before
               it
               bee
               too
               late
               ,
               what
               we
               must
               trust
               to
               for
               ever
               .
               For
               we
               may
               take
               notice
               ,
               that
               though
               marriage
               
               is
               indissoluble
               ,
               yet
               these
               espousals
               ,
               or
               contracts
               of
               a
               future
               marriage
               are
               not
               so
               ;
               many
               things
               may
               intervene
               betwixt
               this
               engagement
               by
               promise
               ,
               and
               that
               a
               full
               and
               compleat
               solemnization
               ,
               which
               may
               break
               off
               the
               match
               .
            
             
               The
               Casuists
               determine
               of
               seventeen
               severall
               cases
               ,
               at
               the
               least
               ,
               which
               may
               sort
               to
               this
               effect
               ;
               som
               whereof
               have
               a
               proper
               relation
               to
               the
               Romish
               religion
               ;
               others
               are
               common
               to
               what
               ever
               contracts
               of
               this
               kind
               ;
               I
               shall
               not
               grudge
               you
               the
               mention
               of
               them
               all
               .
               An
               espousall-Contract
               therefore
               may
               (
               according
               to
               their
               judgement
               )
               be
               broken
               off
               .
            
             
               By
               the
               willing
               remission
               of
               both
               parts
               ,
               although
               it
               had
               been
               seconded
               by
               an
               oath
               :
               By
               the
               entrance
               of
               the
               one
               party
               into
               some
               order
               of
               religion
               :
               By
               a
               contract
               with
               some
               other
               in
               words
               of
               the
               present
               :
               By
               the
               travaile
               of
               one
               of
               the
               parties
               into
               remote
               
               coun●ries
               ,
               and
               not
               returning
               up
               on
               a
               lawfull
               summuns
               at
               a
               time
               prefixed
               by
               the
               Judge
               :
               By
               an
               affinity
               supervening
               upon
               the
               sinfull
               copulation
               of
               one
               of
               the
               parties
               with
               the
               near
               kinswoman
               of
               the
               other
               :
               By
               the
               absolution
               of
               the
               Judg
               upon
               suit
               of
               one
               of
               the
               parties
               repenting
               and
               pleading
               minority
               :
               By
               lapse
               of
               the
               time
               set
               for
               the
               accomplishment
               of
               the
               marriage
               by
               the
               disease
               of
               one
               of
               the
               parties
               being
               fallen
               into
               Palsie
               ,
               leprosie
               ,
               the
               Neopolitan
               sickness
               ,
               or
               any
               other
               contagious
               distemper
               ,
               or
               notable
               deformity
               .
               By
               the
               fornication
               of
               one
               of
               the
               parties
               committed
               since
               the
               contract
               :
               By
               a
               vow
               of
               chastity
               preceding
               the
               contract
               :
               By
               som
               capitall
               enmity
               intervening
               betwixt
               the
               families
               and
               persons
               of
               the
               contracted
               by
               the
               omission
               of
               performing
               the
               promised
               conditions
               ;
               as
               when
               the
               dowry
               agreed
               upon
               ,
               is
               retracted
               or
               held
               off
               ▪
               By
               the
               fame
               of
               
               a
               Canonicall
               impediment
               ,
               By
               susception
               of
               Orders
               after
               conrract
               ;
               By
               the
               supervention
               of
               a
               legall
               kindred
               ,
               inexpected
               ;
               By
               the
               harshnesse
               and
               asperity
               of
               disposition
               in
               either
               party
               .
               And
               (
               which
               may
               comprise
               many
               other
               particularities
               ;
               by
               the
               falling
               out
               and
               discovery
               of
               any
               such
               accident
               ,
               or
               event
               ,
               as
               if
               it
               had
               beene
               sooner
               knowne
               would
               have
               prevented
               the
               making
               of
               such
               a
               contract
               ;
               All
               these
               say
               they
               ,
               may
               bar
               a
               marriage
               after
               espousalls
               :
               but
               yet
               so
               ,
               as
               that
               the
               parties
               may
               not
               be
               their
               own
               arbiters
               ,
               to
               break
               off
               their
               contracts
               at
               pleasure
               ,
               but
               must
               have
               recourse
               to
               the
               Judge
               Ecclesiasticall
               ;
               and
               submit
               themselves
               to
               the
               over-ruling
               sentence
               of
               the
               Church
               .
            
             
               If
               you
               balk
               those
               which
               are
               proper
               to
               the
               Romish
               superstition
               ,
               yet
               you
               shall
               finde
               many
               just
               and
               allowable
               causes
               which
               may
               (
               after
               a
               contract
               of
               espousall
               )
               interrupt
               a
               purposed
               
               matrimony
               :
               so
               as
               ,
               if
               there
               were
               neither
               rule
               ,
               nor
               example
               of
               any
               such
               preceding
               engagement
               ,
               yet
               surely
               ,
               it
               were
               very
               fit
               for
               our
               own
               security
               ,
               and
               our
               confident
               and
               comfortable
               entrance
               into
               that
               estate
               which
               we
               shall
               never
               put
               off
               ,
               to
               observe
               carefully
               this
               previous
               betrothing
               of
               our selves
               ere
               wee
               knit
               the
               knot
               that
               can
               never
               be
               loosed
               .
            
          
           
             
               CASE
               VII
               .
            
             
               Whether
               there
               ought
               to
               bee
               a
               prohibition
               and
               forbearance
               of
               marriages
               ,
               and
               marriage
               duties
               for
               some
               appointed
               times
               .
            
             
               IT
               is
               one
               thing
               what
               is
               lawful
               another
               thing
               what
               is
               fit
               and
               expedient
               ;
               as
               S.
               Paul
               hath
               taught
               us
               to
               distinguish
               :
               marriage
               being
               of
               Gods
               own
               institution
               ,
               and
               that
               in
               the
               perfection
               of
               Paradise
               ,
               there
               can
               be
               no
               
               time
               wherein
               it
               may
               be
               unlawful
               to
               celebrate
               it
               ;
               yet
               there
               may
               be
               times
               wherein
               it
               is
               unfit
               :
               There
               is
               the
               like
               reason
               of
               times
               and
               places
               ;
               both
               of
               them
               are
               circumstances
               alike
               ;
               The
               debt
               of
               the
               marriage-bed
               not
               onely
               may
               ,
               but
               must
               bee
               paid
               by
               them
               whom
               God
               hath
               called
               to
               that
               estate
               yet
               there
               are
               places
               wherein
               it
               were
               barbarous
               and
               piacular
               to
               defray
               it
               :
               even
               ,
               besides
               those
               places
               which
               are
               destin'd
               to
               an
               holy
               use
               ,
               the
               Jewes
               of
               old
               held
               this
               act
               done
               in
               the
               field
               or
               under
               a
               tree
               ,
               worthy
               of
               scourging
               :
               Doubtlesse
               *
               there
               are
               times
               so
               wholly
               consecrated
               to
               devotion
               ,
               as
               that
               therein
               it
               would
               be
               utterly
               unseasonable
               to
               let
               our
               thoughts
               loose
               to
               the
               most
               lawful
               pleasures
               :
               Hence
               is
               that
               charge
               of
               the
               Apostle
               ,
               
                 Defraud
                 not
                 one
                 the
                 other
                 ,
                 except
                 it
                 be
                 with
                 consent
                 for
                 the
                 time
                 ,
                 that
                 ye
                 may
                 give
                 your selves
                 to
                 fasting
                 and
                 prayer
                 :
                 1
                 Cor.
                 7.
                 5.
                 
              
               
               So
               then
               as
               Solomon
               himselfe
               can
               say
               ,
               
                 There
                 is
                 a
                 time
                 to
                 embrace
                 ,
                 and
                 a
                 time
                 to
                 refrain
                 from
                 embraceing
                 .
              
               Ecclus.
               3.
               5.
               
               But
               what
               the
               limitation
               of
               this
               time
               may
               be
               ,
               no
               small
               question
               hath
               been
               raised
               in
               the
               Church
               of
               God
               :
               neyther
               doe
               there
               want
               extremities
               on
               both
               sides
               :
               The
               Church
               of
               Rome
               hath
               heretofore
               been
               excessively
               large
               in
               her
               prohibitions
               ;
               forbiding
               the
               solemnization
               of
               marriage
               upon
               pretence
               of
               the
               holiness
               of
               the
               great
               feasts
               to
               be
               observed
               ;
               for
               the
               whole
               third
               part
               of
               the
               yeere
               ;
               neither
               doth
               the
               account
               fall
               lesse
               ,
               if
               we
               reckon
               from
               the
               Advent
               to
               the
               Epiphany
               ;
               from
               Septuagesima
               Sunday
               to
               the
               Octaves
               of
               Easter
               ;
               and
               from
               three
               dayes
               before
               the
               Ascension
               to
               the
               Octaves
               of
               Pentecost
               ;
               all
               which
               had
               wont
               to
               be
               strictly
               kept
               ;
               besides
               the
               feast
               of
               S.
               John
               Baptist
               added
               by
               some
               ;
               and
               the
               foure
               Ember
               weekes
               by
               others
               ;
               but
               now
               of
               late
               upon
               second
               
               thoughts
               ,
               their
               Councell
               of
               Trent
               *
               have
               found
               it
               meet
               to
               shorten
               the
               restraint
               ,
               and
               somewhat
               to
               enlarge
               the
               liberty
               of
               the
               seasons
               for
               marriage
               ,
               having
               exempted
               the
               two
               only
               solemn
               feasts
               of
               Easter
               and
               the
               Nativitie
               ,
               and
               abridged
               some
               previous
               weekes
               of
               the
               former
               :
               and
               for
               us
               how
               observant
               our
               Consistories
               had
               wont
               to
               bee
               of
               those
               inhibitions
               for
               their
               own
               gain
               ,
               every
               Almanack
               can
               witnesse
               .
               Some
               worthy
               Divines
               in
               our
               Church
               did
               not
               stick
               to
               professe
               their
               great
               dislike
               of
               our
               conforming
               herein
               to
               the
               Church
               of
               Rome
               ,
               to
               the
               scandal
               of
               the
               Reformed
               :
               Concerning
               both
               which
               ,
               I
               must
               say
               :
               that
               if
               either
               wee
               or
               they
               doe
               put
               any
               holinesse
               in
               the
               time
               exempted
               ,
               or
               any
               unholiness
               in
               the
               act
               inhibited
               ,
               we
               cānot
               be
               excused
               from
               superstition
               ,
               Can
               any
               time
               be
               more
               holy
               then
               Gods
               owne
               day
               ?
               yet
               on
               
               that
               day
               wee
               doe
               commonly
               both
               publish
               marriages
               ,
               and
               celebrate
               them
               .
               But
               if
               ,
               as
               in
               some
               solemne
               fasts
               ,
               indicted
               by
               the
               Church
               for
               some
               publique
               humiliation
               ,
               we
               both
               doe
               ,
               and
               injoyne
               to
               abstaine
               from
               all
               conjugall
               society
               ;
               so
               in
               a
               desire
               the
               more
               dovoutly
               to
               celebrate
               the
               memory
               of
               Gods
               infinite
               mercy
               to
               man
               kinde
               in
               sending
               a
               Saviour
               into
               the
               world
               for
               our
               Redemption
               ;
               and
               of
               the
               glorious
               resurrection
               of
               that
               Son
               of
               God
               for
               our
               justification
               ,
               we
               shall
               take
               off
               our selves
               from
               all
               worldly
               cares
               or
               delights
               ,
               I
               see
               not
               why
               it
               should
               not
               be
               both
               lawfull
               and
               commendable
               .
            
             
               But
               ,
               to
               say
               as
               it
               is
               ,
               as
               the
               Romanists
               are
               guilty
               of
               too
               much
               scruple
               in
               this
               kind
               ,
               so
               too
               many
               of
               our
               own
               are
               no
               lesse
               faulty
               in
               a
               careless
               disregard
               of
               the
               holiest
               occasions
               of
               restraint
               ;
               which
               I
               would
               to
               God
               it
               did
               not
               too
               palpably
               appear
               in
               the
               scandalous
               
               carnality
               of
               many
               (
               otherwise
               inoffensive
               )
               professors
               .
               It
               is
               a
               common
               practise
               (
               which
               I
               have
               long
               wisht
               an
               oportunity
               to
               censure
               )
               that
               husbands
               and
               wives
               forget
               one
               another
               too
               soon
               :
               Scarce
               are
               their
               consorts
               fully
               cold
               ,
               ere
               they
               are
               laying
               for
               a
               second
               match
               ;
               and
               too
               few
               moneths
               are
               enow
               for
               the
               consummation
               of
               it
               .
               Let
               me
               be
               bold
               to
               say
               ,
               this
               haste
               hath
               in
               it
               too
               much
               not
               immodesty
               only
               ,
               but
               inhumanity
               :
               If
               we
               look
               abroad
               into
               the
               world
               ,
               wee
               shall
               find
               not
               among
               Gods
               peculiar
               people
               only
               ,
               but
               even
               amongst
               the
               very
               Heathens
               ,
               a
               meet
               (
               and
               not
               niggardly
               )
               intermission
               betwixt
               the
               decease
               of
               the
               one
               husband
               ,
               or
               wife
               ,
               &
               the
               marriage
               of
               another
               :
               A
               whole
               yeer
               was
               found
               little
               enough
               for
               the
               wife
               to
               mourne
               for
               her
               husband
               departed
               :
               and
               so
               is
               still
               amongst
               the
               very
               Chineses
               ,
               though
               Atheous
               Pagans
               ;
               *
               
               And
               by
               the
               civill
               Lawes
               ,
               a
               woman
               marrying
               within
               a
               yeer
               after
               her
               husbands
               death
               is
               counted
               in
               famous
               .
            
             
               It
               was
               no
               short
               time
               that
               *
               Abraham
               (
               though
               now
               very
               old
               )
               breathed
               upon
               the
               death
               of
               Sara
               (
               the
               first
               of
               wives
               mentioned
               as
               mourned
               for
               )
               before
               he
               took
               Keturah
               ;
               and
               yet
               the
               Hebrew
               †
               doctors
               observe
               that
               there
               is
               a
               short
               letter
               in
               the
               midst
               of
               that
               word
               which
               signifies
               his
               mourning
               ;
               to
               imply
               (
               say
               they
               )
               that
               his
               mourning
               was
               but
               moderate
               :
               I
               am
               sure
               his
               sonne
               
                 Isaac
                 (
                 Gen.
                 24.
                 67.
                 
                 )
              
               was
               not
               comforted
               concerning
               the
               death
               of
               that
               his
               good
               mother
               ,
               till
               three
               yeers
               after
               her
               decease
               :
               At
               which
               time
               he
               brought
               his
               Rebecca
               into
               that
               tent
               which
               even
               still
               retayned
               the
               name
               of
               Sarahs
               :
               whereas
               with
               us
               ,
               after
               the
               profession
               of
               the
               greatest
               deerenesse
               ,
               
               the
               old
               posie
               of
               the
               deaths-ring
               tells
               what
               we
               may
               trust
               to
               ;
               
                 Dead
                 and
                 forgotten
              
               :
               Who
               can
               but
               blush
               to
               read
               that
               some
               Heathens
               were
               faine
               to
               make
               lawes
               that
               the
               wife
               might
               not
               be
               allowed
               to
               continue
               her
               solemne
               mourning
               for
               her
               husband
               abve
               10
               moneths
               ;
               and
               to
               see
               that
               our
               women
               had
               need
               of
               a
               law
               to
               inforce
               them
               so
               to
               mourn
               for
               the
               space
               of
               one
               ?
            
             
               In
               other
               Reformed
               Churches
               there
               is
               a
               determinate
               time
               of
               months
               set
               ,
               untill
               the
               expiration
               whereof
               widowes
               (
               especially
               the
               younger
               )
               are
               not
               suffered
               to
               marry
               ;
               it
               were
               more
               then
               requisite
               that
               these
               loose
               times
               were
               ,
               here
               with
               us
               ,
               curbed
               with
               so
               seasonable
               a
               Constitution
               ;
               but
               it
               were
               yet
               more
               happy
               ,
               if
               a
               due
               regard
               of
               publique
               honesty
               &
               Christian
               modesty
               could
               set
               bounds
               to
               our
               inordinate
               desires
               ;
               &
               so
               moderate
               our
               affections
               ,
               that
               the
               world
               may
               see
               we
               are
               led
               by
               a
               better
               guide
               then
               appetite
               .
            
          
           
             
             
               CASE
               VIII
               .
            
             
               Whether
               it
               bee
               necessary
               that
               marriages
               should
               be
               celebrated
               by
               a
               Minister
               ;
               and
               whither
               they
               may
               bee
               valid
               ,
               and
               lawfull
               without
               him
               .
            
             
               IT
               is
               no
               marvell
               if
               the
               Church
               of
               Rome
               (
               which
               holds
               matrimonie
               a
               Sacrament
               ,
               conferring
               Grace
               by
               the
               very
               work
               wrought
               )
               require
               an
               absolute
               necessity
               of
               the
               Priests
               hand
               in
               so
               holy
               an
               act
               ;
               but
               for
               us
               ,
               who
               (
               though
               reverently
               esteeming
               that
               sacred
               institution
               ,
               yet
               )
               set
               it
               in
               a
               key
               lower
               ,
               it
               admits
               of
               too
               much
               question
               whether
               we
               neede
               to
               stand
               upon
               the
               terms
               of
               a
               Ministers
               agency
               in
               the
               performance
               of
               that
               solemn
               action
               :
               There
               are
               those
               in
               these
               wilde
               times
               that
               have
               held
               it
               sufficiently
               lawful
               for
               the
               parties
               having
               agreed
               upon
               the
               bargain
               before
               friends
               and
               witnesses
               ,
               to
               betak
               themselves
               to
               bed
               
               others
               have
               thought
               this
               act
               of
               conjoyning
               the
               married
               persons
               in
               wedlock
               a
               fitter
               act
               for
               the
               Magistrate
               to
               undertake
               .
               And
               certainely
               if
               there
               were
               nothing
               in
               marriage
               but
               meere
               nature
               ,
               it
               could
               not
               bee
               amisse
               that
               men
               and
               women
               should
               upon
               their
               mutuall
               agreement
               couple
               themselves
               together
               after
               the
               manner
               of
               brute
               creatures
               ;
               And
               if
               there
               were
               nothing
               in
               mariage
               but
               meer
               civility
               the
               Magistrate
               might
               be
               meet
               to
               be
               imployed
               in
               this
               service
               :
               But
               now
               that
               we
               Christians
               know
               matrimony
               to
               be
               an
               holy
               institution
               of
               God
               him selfe
               :
               which
               hee
               not
               only
               ordained
               ,
               but
               actually
               celebrated
               betwixt
               the
               first
               Innocent
               payre
               ;
               and
               which
               being
               for
               the
               propagation
               of
               an
               holy
               seed
               ,
               requires
               a
               speciall
               benediction
               ;
               how
               can
               we
               in
               reason
               think
               any
               man
               meet
               for
               this
               office
               ,
               but
               the
               man
               of
               God
               ,
               set
               over
               us
               in
               the
               Lord
               ;
               to
               derive
               the
               blessings
               of
               heaven
               upon
               our
               
               heads
               ?
               From
               hence
               therfore
               have
               our
               wholsom
               lawes
               taken
               a
               just
               hint
               to
               appropriate
               this
               service
               to
               a
               lawfull
               Minister
               only
               :
               so
               as
               what
               ever
               private
               contract
               may
               bee
               transacted
               in
               corners
               betwixt
               the
               parties
               affected
               to
               each
               other
               ,
               yet
               the
               marriage
               knot
               cannot
               be
               publiquely
               quit
               by
               any
               other
               hand
               then
               Gods
               Ministers
               .
               And
               herein
               certainly
               wee
               have
               just
               cause
               to
               bless
               the
               wisdom
               both
               of
               the
               Church
               and
               State
               ,
               which
               hath
               so
               regulated
               these
               matrimoniall
               affairs
               ;
               as
               that
               they
               are
               not
               only
               orderly
               but
               safely
               managed
               :
               For
               doubtless
               were
               not
               this
               provision
               carefully
               made
               ,
               the
               world
               would
               bee
               quite
               over-run
               with
               beastliness
               ,
               and
               horrible
               confusion
               :
               And
               in
               this
               point
               we
               may
               well
               give
               the
               Church
               of
               Rome
               her
               due
               ,
               &
               acknowledge
               the
               wise
               care
               of
               her
               Lateran
               and
               Tridentine
               Councells
               ,
               which
               have
               enacted
               so
               strict
               decrees
               against
               clandestine
               Marriages
               ,
               and
               
               have
               taken
               so
               severe
               a
               course
               for
               the
               reforming
               of
               many
               foul
               disorders
               in
               these
               matrimoniall
               proceedings
               ;
               as
               may
               be
               of
               good
               use
               for
               the
               Christian
               world
               :
               Had
               they
               done
               the
               like
               in
               other
               cases
               ,
               their
               light
               had
               not
               gone
               out
               in
               a
               snuffe
               :
               As
               therfore
               it
               is
               generally
               both
               decreed
               and
               observed
               (
               not
               without
               excellent
               reason
               )
               in
               all
               Christian
               Churches
               ,
               that
               marriages
               should
               be
               solemnized
               in
               the
               publick
               Congregation
               of
               Gods
               people
               ;
               so
               it
               cannot
               but
               be
               requisite
               that
               it
               should
               be
               done
               by
               him
               ,
               who
               is
               ordained
               to
               be
               the
               mouth
               of
               the
               Congregation
               to
               God
               ;
               &
               the
               mouth
               of
               God
               to
               the
               Congregatton
               ;
               And
               ,
               as
               under
               the
               Law
               ,
               the
               Priest
               was
               the
               man
               ,
               who
               must
               conveigh
               blessings
               from
               God
               to
               his
               people
               ;
               so
               under
               the
               Gospell
               who
               can
               be
               so
               apt
               for
               this
               divine
               office
               ,
               as
               he
               that
               serves
               at
               the
               Evangelicall
               altar
               ?
               And
               if
               all
               our
               marriages
               must
               be
               (
               according
               to
               the
               Apostles
               
               charge
               )
               made
               in
               the
               Lord
               ,
               who
               is
               so
               meet
               to
               pronounce
               Gods
               ratification
               of
               our
               marriages
               ,
               as
               he
               who
               is
               the
               profest
               Herald
               of
               the
               Almighty
               ?
               As
               it
               is
               therefore
               requisite
               (
               even
               according
               to
               the
               Roman
               Constitutions
               )
               that
               hee
               who
               is
               betrusted
               with
               the
               Cure
               of
               our
               soules
               ,
               should
               besides
               other
               witnesses
               be
               both
               present
               &
               active
               in
               ,
               and
               at
               our
               domestique
               contracts
               of
               matrimony
               :
               so
               by
               the
               laws
               both
               of
               our
               Church
               and
               Kingdome
               ,
               it
               is
               necessary
               he
               should
               have
               his
               hand
               in
               the
               publique
               celebration
               of
               them
               .
               There
               may
               then
               be
               firme
               contracts
               ,
               there
               cannot
               be
               lawfull
               marriages
               without
               Gods
               Ministers
               .
            
          
           
             
             
               CASE
               IX
               .
            
             
               Whether
               there
               bee
               any
               necessity
               or
               use
               of
               thrice
               publishing
               the
               contract
               of
               marriage
               in
               the
               Congregation
               ,
               before
               the
               Celebration
               of
               it
               ;
               and
               whether
               it
               bee
               fit
               that
               any
               dispensation
               should
               bee
               granted
               for
               the
               forbearance
               of
               it
               .
            
             
               THere
               were
               amongst
               the
               Jewes
               certain
               ceremoniall
               Observations
               (
               besides
               the
               precepts
               )
               which
               they
               called
               the
               hedg
               of
               the
               Law
               ,
               and
               such
               there
               cannot
               want
               amongst
               Christians
               ;
               whose
               prudence
               must
               direct
               them
               both
               to
               the
               ordaining
               ,
               and
               keeping
               of
               some
               such
               expedient
               rules
               ,
               as
               may
               best
               preserve
               Gods
               lawes
               from
               violation
               :
               Of
               that
               kind
               is
               this
               which
               we
               now
               have
               in
               hand
               ;
               This
               publique
               and
               reiterated
               denunciation
               of
               *
               Bannes
               before
               matrimony
               ,
               
               is
               an
               institution
               required
               and
               kept
               both
               by
               al
               the
               Churches
               of
               the
               Roman-Correspondence
               ,
               and
               by
               all
               the
               Reformed
               ;
               amongst
               which
               ,
               as
               ours
               ,
               is
               most
               eminent
               ,
               so
               it
               hath
               still
               expressed
               the
               most
               zeal
               and
               care
               of
               the
               due
               observing
               of
               so
               wholsom
               a
               Rite
               :
               sixe
               severall
               *
               Canons
               were
               made
               in
               our
               Provinciall
               Synod
               under
               the
               authority
               of
               King
               James
               of
               blessed
               memory
               in
               the
               yeer
               1603.
               to
               this
               purpose
               ,
               with
               as
               strict
               charges
               ,
               restrictions
               and
               cautions
               ,
               as
               the
               wit
               of
               man
               could
               in
               this
               case
               devise
               ;
               and
               the
               late
               Directory
               hath
               found
               cause
               to
               second
               so
               usefull
               and
               laudable
               a
               Constitution
               :
               For
               the
               convenience
               ,
               if
               not
               necessity
               ,
               whereof
               ,
               we
               need
               no
               other
               argument
               then
               the
               grievous
               mischiefes
               that
               have
               followed
               upon
               the
               neglect
               of
               this
               ordinance
               ;
               that
               one
               were
               enough
               ,
               which
               is
               instanced
               by
               the
               Tridentine
               
               *
               Synod
               it self
               ;
               that
               some
               leud
               persons
               having
               secretly
               married
               themselves
               to
               one
               ,
               take
               liberty
               to
               leave
               that
               match
               ,
               and
               publiquely
               joyne
               themselves
               to
               another
               ,
               with
               whom
               they
               live
               wickedly
               in
               a
               perpetuall
               adultry
               ;
               the
               frequent
               practise
               whereof
               in
               those
               hotter
               climates
               we
               may
               easily
               beleeve
               ;
               when
               wee
               see
               that
               in
               our
               own
               more
               temperate
               region
               ,
               the
               feare
               of
               hanging
               cannot
               hold
               som
               off
               from
               so
               foul
               a
               sin
               .
               Let
               me
               add
               hereunto
               the
               late
               experiments
               of
               som
               odiously
               incestuous
               marriages
               ,
               which
               even
               by
               the
               relation
               of
               our
               Diurnalists
               )
               have
               by
               this
               means
               found
               a
               damnable
               passage
               ,
               to
               the
               great
               dishonour
               of
               God
               ,
               and
               shame
               of
               the
               Church
               ;
               And
               hereupon
               the
               sad
               issue
               of
               stoln
               Marriages
               ,
               wherein
               Parents
               have
               been
               most
               feloniously
               robbed
               of
               their
               Children
               ,
               are
               roo
               feelingly
               known
               ,
               &
               irrecoverably
               
               lamented
               :
               But
               as
               for
               unfitness
               and
               inequality
               of
               matches
               ,
               both
               for
               age
               and
               condition
               (
               to
               the
               too
               late
               repentance
               and
               utter
               undoeing
               of
               both
               parties
               )
               they
               are
               so
               ordinary
               ,
               that
               they
               are
               every
               dayes
               Occurrences
               :
               And
               all
               these
               evils
               have
               sensibly
               grown
               from
               the
               want
               of
               these
               publique
               denunciations
               of
               Bannes
               ;
               partly
               upon
               the
               unhappy
               throwing
               open
               of
               the
               fence
               of
               discipline
               ,
               and
               partly
               upon
               the
               surreption
               of
               secretly
               mis-gotten
               dispensations
               ;
               And
               though
               that
               forementioned
               Synod
               of
               ours
               ,
               seconded
               by
               royal
               authority
               ,
               took
               *
               the
               most
               probable
               course
               that
               could
               be
               conceived
               (
               the
               liberty
               of
               those
               Faculties
               being
               continued
               )
               for
               the
               preventing
               of
               these
               abuses
               ;
               as
               the
               restraint
               of
               the
               grant
               of
               them
               by
               any
               other
               ,
               save
               those
               who
               have
               Episcopall
               authority
               ;
               and
               security
               to
               bee
               
               given
               upon
               good
               bonds
               that
               the
               coast
               is
               cleere
               from
               all
               precontracts
               ,
               suits
               of
               law
               ,
               and
               prohibited
               degrees
               ;
               that
               the
               full
               consent
               of
               parents
               or
               Guardians
               is
               had
               ;
               that
               the
               marriage
               shall
               bee
               celebrated
               in
               the
               parish
               Church
               where
               one
               of
               the
               parties
               dwelleth
               ;
               and
               lastly
               the
               oathes
               required
               of
               two
               sufficient
               witnesses
               (
               one
               whereof
               known
               to
               the
               Judge
               )
               that
               the
               expresse
               consent
               of
               parents
               or
               Guardians
               goes
               along
               with
               the
               match
               intended
               ;
               and
               that
               there
               is
               no
               impediment
               from
               any
               pre-contract
               ,
               kindred
               or
               alliance
               :
               Yet
               notwithstanding
               all
               this
               prudent
               caution
               we
               have
               by
               wofull
               experience
               found
               our
               offices
               cheated
               ,
               facultys
               corruptly
               procured
               ,
               and
               matches
               illegally
               struck
               up
               ,
               contrary
               to
               the
               pretended
               conditions
               :
               Whereas
               all
               this
               mischief
               might
               have
               been
               avoyded
               ,
               if
               as
               no
               marriage
               may
               bee
               allowed
               but
               publick
               ;
               so
               tho●e
               publick
               marriages
               
               might
               not
               bee
               celebrated
               but
               after
               thrice
               publication
               of
               the
               contract
               in
               both
               the
               parish
               Churches
               where
               the
               persons
               contracted
               are
               known
               to
               inhabit
               :
               For
               so
               both
               the
               Parents
               of
               either
               side
               cannot
               but
               be
               acquainted
               with
               the
               ingagements
               of
               their
               children
               ;
               and
               if
               there
               be
               any
               just
               hindrance
               ,
               eyther
               by
               precontract
               ,
               or
               by
               proximity
               of
               blood
               ,
               or
               affinity
               ,
               it
               cannot
               bee
               concealed
               ;
               that
               so
               the
               snare
               of
               either
               an
               unlawfull
               or
               prejudiciall
               matrimony
               may
               be
               seasonably
               eschued
               :
               To
               this
               good
               purpose
               therefore
               it
               is
               no
               lesse
               then
               necessary
               (
               as
               I
               humbly
               conceive
               )
               to
               be
               both
               enacted
               and
               observed
               ,
               that
               no
               marriage
               should
               bee
               allowed
               of
               any
               person
               whatsoever
               (
               except
               perhaps
               the
               Peers
               of
               the
               Realme
               ,
               who
               are
               supposed
               to
               bee
               famously
               known
               through
               the
               kingdom
               )
               without
               a
               solemn
               publication
               of
               their
               contracts
               at
               three
               several
               meetings
               to
               the
               Congregation
               
               assembled
               ;
               and
               that
               there
               may
               no
               dispensation
               at
               al
               be
               granted
               to
               the
               contrary
               upon
               any
               whatsoever
               conditions
               :
               And
               if
               som
               pretend
               bashfulnesse
               ,
               others
               feare
               of
               malicious
               prevention
               (
               as
               the
               Tridentine
               Doctors
               suggest
               )
               yet
               it
               is
               fit
               that
               both
               should
               vaile
               in
               the
               inevitable
               danger
               of
               those
               mischievous
               inconveniences
               which
               follow
               upon
               these
               clandestine
               matches
               ,
               and
               silent
               dispensations
               .
            
          
           
             
               CASE
               X.
               
            
             
               Whether
               marriages
               once
               made
               may
               bee
               anulled
               ,
               and
               utterly
               voided
               ;
               and
               in
               what
               cases
               this
               may
               be
               done
               .
            
             
               IN
               what
               only
               case
               a
               divorce
               may
               be
               made
               after
               a
               lawful
               marriage
               you
               have
               seen
               before
               ;
               now
               you
               enquire
               of
               the
               anulling
               or
               voiding
               of
               marriages
               made
               unlawfully
               :
               which
               
               doubtlesse
               may
               bee
               done
               by
               just
               authority
               upon
               divers
               well-grounded
               occasions
               :
               For
               as
               it
               is
               an
               indispensible
               charge
               ,
               
                 Those
                 whom
                 God
                 hath
                 joyned
                 together
                 let
                 no
                 man
                 put
                 asunder
              
               ;
               so
               it
               no
               lesse
               truly
               holds
               on
               the
               contrary
               ;
               Those
               whom
               God
               hath
               forbidden
               to
               be
               joyned
               ,
               let
               no
               man
               keep
               together
               .
            
             
               Our
               Casuists
               are
               wont
               to
               bee
               very
               copious
               in
               this
               subject
               ,
               distinguishing
               betwixt
               those
               impediments
               which
               may
               hinder
               a
               Marriage
               from
               being
               made
               ,
               and
               those
               which
               may
               undoe
               and
               void
               the
               Marriage
               once
               made
               .
               They
               insist
               upon
               many
               particularities
               of
               both
               kinds
               ;
               and
               som
               ,
               perhaps
               too
               many
               ,
               I
               shall
               instance
               only
               in
               those
               of
               the
               latter
               sort
               which
               are
               unquestionable
               ;
               whereof
               the
               first
               shall
               be
               a
               mis-prison
               of
               the
               match
               ;
               when
               one
               party
               is
               mistaken
               for
               another
               ;
               as
               when
               he
               who
               by
               a
               full
               contract
               consented
               to
               marry
               with
               Anne
               ,
               
               is
               by
               a
               fraudulent
               substitution
               put
               up
               on
               a
               marriage
               with
               Mary
               ;
               whether
               upon
               the
               likness
               of
               the
               woman
               ,
               or
               the
               want
               of
               a
               discerning
               sense
               in
               the
               man
               ;
               or
               by
               som
               cunning
               conveyance
               of
               the
               perfidious
               contrivers
               ;
               for
               certainly
               it
               is
               the
               consent
               that
               maks
               the
               marriage
               ;
               &
               if
               the
               hearts
               be
               not
               joined
               together
               by
               mutuall
               agreement
               &
               affection
               ,
               the
               coupling
               of
               the
               hāds
               is
               but
               a
               ceremony
               utterly
               ineff●ctual
               ;
               I
               doubt
               not
               but
               it
               was
               in
               Jacobs
               power
               to
               have
               disavowed
               the
               match
               with
               Leah
               ,
               whom
               his
               father
               in
               lawe
               had
               deceitfully
               obtruded
               upon
               him
               being
               more
               injurious
               in
               changing
               his
               wife
               ,
               then
               in
               ten
               times
               changing
               his
               wages
               ;
               since
               his
               heart
               was
               not
               accessary
               to
               that
               match
               ,
               which
               the
               darkness
               of
               the
               night
               ,
               and
               subtlety
               of
               a
               Lahan
               had
               drawn
               him
               into
               .
            
             
               The
               like
               case
               is
               in
               the
               marrying
               a
               bond-woman
               in
               stead
               of
               a
               free
               ;
               a
               base
               plebeian
               in
               stead
               of
               a
               person
               of
               
               honour
               :
               As
               then
               we
               use
               to
               say
               that
               mis-reckoning
               is
               no
               payment
               ,
               so
               we
               may
               well
               affirm
               that
               a
               mis-marriage
               is
               no
               true
               wedlock
               ;
               and
               therfore
               justly
               to
               be
               branded
               with
               a
               nullity
               .
            
             
               A
               second
               my
               bee
               the
               foedity
               and
               unnaturalness
               of
               the
               match
               ;
               when
               the
               parties
               incestuously
               marry
               within
               the
               first
               collaterall
               degree
               of
               Brothers
               and
               Sisters
               ;
               the
               very
               mention
               whereof
               ,
               even
               nature
               it self
               ,
               not
               depraved
               ,
               abhorres
               :
               so
               as
               I
               cannot
               but
               wonder
               that
               the
               Romane
               Schoole
               should
               bee
               so
               much
               divided
               in
               this
               point
               ,
               whiles
               *
               
                 Bonaventure
                 ,
                 Richardus
              
               and
               Durand
               hold
               such
               a
               marriage
               even
               by
               Divine
               Lawe
               ,
               a
               nullity
               ;
               contrarily
               
                 Aquinas
                 ,
                 Cajetan
                 ,
                 Thomas
                 de
                 Argentina
              
               and
               others
               (
               whom
               Covarruvias
               recites
               )
               defend
               this
               to
               be
               only
               an
               impediment
               by
               the
               Canon
               law
               ,
               and
               therfore
               that
               it
               may
               be
               in
               
               the
               Popes
               power
               to
               dispence
               with
               so
               foul
               a
               matrimony
               ;
               Against
               whom
               upon
               better
               reason
               ,
               *
               Scotus
               ,
               and
               
                 Dominicus
                 à
                 Soto
              
               prove
               such
               marriages
               by
               the
               law
               of
               nature
               to
               be
               utterly
               void
               and
               null
               ;
               with
               whom
               all
               ingenuons
               Christians
               cannot
               but
               willingly
               concurre
               in
               their
               judgments
               .
            
             
               A
               third
               may
               be
               the
               horribleness
               of
               a
               crime
               committed
               in
               the
               way
               to
               a
               wicked
               match
               ;
               and
               that
               of
               two
               sorts
               ;
               the
               one
               of
               murther
               ,
               the
               other
               of
               adultery
               :
               The
               former
               ,
               when
               the
               wife
               hath
               conspired
               with
               the
               adulterer
               to
               murder
               her
               husband
               ,
               with
               an
               intent
               to
               marry
               the
               murtherer
               ;
               or
               in
               the
               like
               case
               the
               husband
               to
               murther
               the
               wife
               .
            
             
               The
               latter
               when
               a
               man
               living
               in
               a
               known
               adultry
               with
               another
               mans
               wife
               ,
               contracts
               matrimony
               with
               the
               adultresse
               in
               the
               life
               time
               of
               her
               husband
               .
            
             
             
               A
               fourth
               ,
               is
               the
               indissoluble
               knot
               of
               mariage
               with
               a
               former
               still
               surviving
               husband
               or
               wife
               ;
               the
               force
               whereof
               is
               such
               ,
               as
               that
               it
               frustrates
               and
               voideth
               any
               supervening
               matrimony
               (
               except
               in
               the
               case
               specified
               in
               the
               foregoing
               discourse
               of
               Divorce
               )
               during
               the
               naturall
               life
               of
               the
               consorts
               .
               Many
               unhappy
               ,
               and
               perplexed
               cases
               have
               we
               met
               withall
               in
               this
               kinde
               ;
               neither
               doth
               it
               seldome
               fall
               out
               ,
               that
               the
               husband
               being
               confidently
               reported
               for
               dead
               in
               the
               warres
               ,
               or
               in
               travell
               abroad
               ;
               the
               wife
               after
               some
               yeers
               stay
               ,
               and
               diligent
               inquisition
               ,
               finding
               the
               rumor
               strongly
               verified
               by
               credible
               testimonies
               ,
               and
               tendred
               oathes
               ,
               begins
               to
               listen
               to
               some
               earnest
               suitor
               ;
               and
               bestowes
               her self
               in
               a
               second
               marriage
               ;
               not
               long
               after
               which
               ,
               her
               only
               true
               ,
               revived
               husband
               returnes
               ,
               and
               challengeth
               his
               right
               in
               that
               his
               lawfull
               wife
               ;
               pretending
               the
               mis-carri●ge
               of
               
               letters
               and
               messages
               sent
               by
               him
               in
               that
               forced
               absence
               .
               In
               this
               case
               what
               is
               to
               be
               done
               ?
               The
               woman
               hath
               cast
               her self
               upon
               the
               danger
               of
               a
               Capitall
               law
               ,
               except
               shee
               have
               expected
               the
               time
               limited
               by
               statute
               ;
               or
               if
               she
               escape
               ,
               one
               of
               the
               husbands
               is
               to
               seek
               for
               a
               wife
               ,
               whom
               both
               may
               not
               enjoy
               :
               Doubtless
               the
               second
               marriage
               is
               by
               Ecclesiasticall
               authority
               to
               bee
               pronounced
               ,
               as
               it
               is
               ,
               null
               ;
               which
               indeed
               never
               had
               any
               true
               right
               to
               be
               :
               and
               the
               first
               must
               be
               content
               to
               swallow
               its
               own
               inconveniences
               .
            
             
               A
               fifth
               ,
               may
               be
               a
               violent
               enforcement
               of
               the
               match
               :
               when
               a
               woman
               is
               upon
               fear
               of
               pain
               ,
               or
               death
               compelled
               to
               yeeld
               her self
               in
               marriage
               ,
               and
               is
               not
               perswaded
               ,
               but
               affrighted
               into
               the
               bonds
               of
               wedlock
               :
               surely
               this
               is
               rather
               a
               rape
               then
               a
               matrimony
               ,
               and
               therefore
               ,
               upon
               utter
               want
               of
               consent
               ,
               a
               nullity
               .
            
             
               A
               sixt
               may
               be
               a
               preceding
               ,
               irremediable
               
               impotency
               ,
               or
               incapacity
               of
               marriage
               duties
               ;
               whether
               naturall
               ,
               or
               advantageous
               ;
               whether
               by
               way
               of
               perpetuall
               maleficiation
               ,
               or
               casualty
               :
               I
               say
               ,
               preceding
               ;
               for
               if
               any
               such
               disability
               be
               subsequent
               to
               the
               marriage
               ,
               the
               nullity
               is
               avoided
               ;
               But
               if
               the
               persons
               find
               in
               themselves
               beforehand
               such
               remediless
               incapability
               of
               a
               marriage
               estate
               ,
               they
               shall
               be
               highly
               injurious
               to
               each
               other
               ,
               and
               shall
               fouly
               abuse
               the
               ordinance
               of
               God
               ,
               in
               their
               entring
               into
               such
               a
               condition
               :
               for
               it
               is
               apparent
               ,
               that
               the
               main
               ends
               of
               marriage
               are
               herein
               utterly
               frustrate
               ;
               which
               were
               by
               Gods
               appointment
               ,
               the
               propagation
               of
               mankinde
               ,
               and
               the
               remedy
               of
               incontinency
               ;
               neither
               of
               which
               being
               attainable
               in
               such
               a
               defective
               estate
               of
               body
               ,
               justly
               is
               such
               a
               match
               pronounced
               a
               nullity
               .
            
             
               But
               here
               I
               cannot
               but
               take
               occasion
               to
               commend
               the
               modesty
               of
               the
               women
               
               of
               our
               nation
               ;
               amongst
               whom
               ,
               there
               are
               so
               rare
               examples
               of
               suits
               in
               this
               kind
               ,
               prosecuted
               in
               our
               Ecclesiasticall
               Consistories
               ;
               it
               is
               not
               to
               be
               doubted
               but
               there
               are
               many
               defects
               of
               this
               nature
               to
               bee
               found
               every
               where
               ,
               yet
               scarce
               one
               in
               an
               age
               offers
               to
               complain
               and
               call
               for
               redresse
               :
               so
               as
               it
               seems
               they
               are
               willing
               to
               smother
               all
               secret
               deficiencies
               ,
               in
               a
               bashfull
               silence
               ;
               whereas
               those
               of
               other
               warmer
               regions
               impatient
               of
               the
               wrongs
               of
               their
               conjugall
               disappointments
               ,
               fly
               out
               into
               open
               contestations
               ,
               and
               fearelesly
               seeke
               for
               those
               remedies
               which
               the
               lawes
               provided
               in
               such
               cases
               will
               allow
               them
               .
               Certainly
               the
               merit
               of
               this
               modest
               temper
               is
               so
               much
               the
               greater
               ,
               by
               how
               much
               more
               it
               is
               concealed
               from
               the
               world
               ;
               and
               those
               of
               either
               sexe
               that
               are
               content
               to
               bite
               in
               their
               hidden
               grievances
               of
               this
               kinde
               ,
               are
               worthy
               of
               double
               
               honour
               from
               those
               Consorts
               ,
               whose
               injurious
               infirmities
               they
               both
               have
               not
               disclosed
               ,
               and
               suffer
               in
               suppressing
               .
            
          
        
         
           
           
           
             ADDITIONALS
             .
          
           
             Certain
             Cases
             of
             doubt
             ,
             besides
             the
             formerly
             published
             ,
             having
             been
             proposed
             to
             me
             ,
             and
             received
             a
             private
             solution
             ;
             I
             have
             thought
             fit
             upon
             the
             addresse
             of
             a
             second
             Edition
             ,
             to
             adjoyn
             them
             to
             their
             fellows
             ,
             for
             the
             satisfaction
             of
             any
             others
             ,
             whom
             the
             same
             Cases
             may
             concern
             .
          
           
             
               
                 CASE
                 I.
                 
              
               
                 Whether
                 a
                 Marriage
                 consummate
                 betwixt
                 the
                 Uncle
                 and
                 Neece
                 bee
                 so
                 utterly
                 unlawfull
                 ,
                 as
                 to
                 merit
                 a
                 sentence
                 of
                 present
                 separation
                 .
              
            
             
               
                 RESOLUTION
                 .
              
               
                 WHat
                 prodigious
                 Matches
                 have
                 beene
                 of
                 late
                 made
                 ,
                 and
                 are
                 still
                 continued
                 ,
                 upon
                 advantage
                 taken
                 of
                 the
                 unsetlednesse
                 of
                 the
                 times
                 ,
                 I
                 had
                 rather
                 
                 silently
                 lament
                 ,
                 then
                 openly
                 proclaim
                 to
                 the
                 world
                 :
                 Such
                 as
                 are
                 not
                 capable
                 of
                 any
                 Apology
                 ;
                 call
                 for
                 our
                 blushing
                 and
                 teares
                 ;
                 but
                 there
                 are
                 some
                 others
                 which
                 dare
                 stand
                 upon
                 the
                 termes
                 of
                 defence
                 :
                 Such
                 is
                 this
                 which
                 you
                 have
                 here
                 propounded
                 on
                 the
                 behalf
                 of
                 your
                 friend
                 ,
                 whom
                 it
                 seemes
                 a
                 mis-learned
                 Advocate
                 would
                 faine
                 bear
                 up
                 in
                 a
                 course
                 altogether
                 unjustifiable
                 ;
                 that
                 cause
                 must
                 needs
                 be
                 desperately
                 ill
                 ;
                 that
                 can
                 find
                 no
                 mercenary
                 abettors
                 :
                 His
                 offensive
                 marriage
                 with
                 his
                 Neece
                 is
                 hartned
                 by
                 a
                 sophisticall
                 pleader
                 ;
                 whose
                 wit
                 and
                 skill
                 is
                 so
                 ill
                 bestowed
                 in
                 this
                 case
                 ,
                 that
                 I
                 wish
                 his
                 fee
                 might
                 be
                 perpetuall
                 silence
                 :
                 but
                 when
                 hee
                 hath
                 made
                 use
                 of
                 his
                 best
                 art
                 to
                 so
                 bad
                 a
                 purpose
                 ,
                 those
                 colours
                 of
                 defence
                 ,
                 wherewith
                 hee
                 thinks
                 to
                 daub
                 over
                 so
                 soul
                 a
                 cause
                 ,
                 will
                 prove
                 but
                 water-colours
                 ,
                 which
                 shall
                 easily
                 be
                 wash'd
                 off
                 by
                 this
                 present
                 confutation
                 .
              
               
               
                 It
                 was
                 lawful
                 ,
                 he
                 saith
                 ,
                 before
                 the
                 Leviticall
                 Law
                 ,
                 thus
                 to
                 Match
                 :
                 So
                 were
                 worse
                 Marriages
                 then
                 this
                 :
                 Let
                 him
                 tell
                 me
                 that
                 Cain
                 ,
                 and
                 Enoch
                 ,
                 and
                 Seth
                 married
                 their
                 owne
                 Sisters
                 ,
                 as
                 Saturne
                 also
                 did
                 ,
                 by
                 the
                 report
                 of
                 
                   Diodorus
                   Siculus
                
                 ;
                 Necessity
                 made
                 it
                 then
                 not
                 unlawfull
                 :
                 It
                 is
                 a
                 just
                 rule
                 of
                 *
                 law
                 ;
                 Those
                 things
                 may
                 not
                 be
                 drawne
                 into
                 precedent
                 ,
                 which
                 have
                 been
                 yeelded
                 upon
                 meer
                 necessity
                 ;
                 as
                 we
                 use
                 to
                 say
                 ;
                 Necessity
                 hath
                 no
                 law
                 ,
                 so
                 it
                 can
                 make
                 none
                 ,
                 Afterwards
                 ,
                 as
                 mankinde
                 grew
                 ,
                 nature
                 it selfe
                 taught
                 men
                 to
                 keep
                 further
                 aloofe
                 from
                 their
                 owne
                 flesh
                 ;
                 and
                 still
                 remotenesse
                 of
                 distance
                 enlarged
                 it selfe
                 with
                 time
                 .
              
               
                 Abraham
                 (
                 saith
                 hee
                 )
                 married
                 his
                 neece
                 
                   Sarah
                   ,
                   Gen.
                   11.
                   29.
                
                 
                 (
                 if
                 at
                 least
                 Sarah
                 were
                 
                   Iscah
                   )
                   Nahor
                
                 his
                 neece
                 
                   Milcha
                   ,
                   Amram
                
                 his
                 Aunt
                 Jochebed
                 ;
                 
                 and
                 these
                 not
                 without
                 a
                 large
                 bles-upon
                 the
                 bed
                 .
                 Let
                 him
                 tell
                 me
                 also
                 ,
                 that
                 Jacob
                 married
                 two
                 Sisters
                 ,
                 and
                 conversed
                 conjugally
                 with
                 both
                 (
                 which
                 were
                 now
                 shamefully
                 incestuous
                 )
                 yet
                 was
                 herein
                 blessed
                 with
                 the
                 issue
                 of
                 six
                 of
                 those
                 Patriarchs
                 ,
                 who
                 were
                 the
                 root
                 of
                 those
                 glorious
                 stemmes
                 of
                 Israel
                 .
                 If
                 we
                 should
                 speak
                 most
                 favourably
                 of
                 these
                 conjunctions
                 ,
                 to
                 ranke
                 them
                 under
                 
                   malum
                   quia
                   prohibitum
                
                 ;
                 it
                 must
                 needs
                 follow
                 ,
                 that
                 till
                 the
                 prohibition
                 came
                 ,
                 they
                 could
                 not
                 bee
                 censured
                 as
                 evill
                 :
                 Though
                 good
                 Authors
                 make
                 it
                 justly
                 questionable
                 ,
                 whether
                 these
                 fore-alledged
                 marriages
                 should
                 deservedly
                 bee
                 charged
                 with
                 a
                 sin
                 ,
                 or
                 excused
                 by
                 Gods
                 extraordinary
                 dispensation
                 ,
                 in
                 the
                 meane
                 time
                 the
                 blessing
                 was
                 to
                 the
                 person
                 ,
                 not
                 to
                 the
                 act
                 ;
                 even
                 Lots
                 incestuous
                 copulatio
                 with
                 his
                 daughters
                 sped
                 well
                 ;
                 two
                 famous
                 nations
                 sprang
                 thence
                 ,
                 &
                 of
                 one
                 of
                 them
                 ,
                 
                 the
                 gracious
                 progenitrice
                 of
                 the
                 Saviour
                 of
                 the
                 world
                 ;
                 Yet
                 this
                 is
                 no
                 plea
                 for
                 the
                 allowance
                 of
                 that
                 monstrous
                 conjunction
                 .
                 After
                 ●he
                 law
                 ,
                 one
                 justifiable
                 example
                 were
                 worth
                 a
                 thousand
                 before
                 it
                 .
              
               
                 Lo
                 ,
                 good
                 Caleb
                 (
                 saith
                 he
                 )
                 married
                 his
                 daughter
                 Achsah
                 to
                 his
                 brother
                 
                   Othoniel
                   .
                   Joshua
                   .
                   15.
                   16
                   ,
                   17.
                   
                
                 Indeede
                 ,
                 this
                 case
                 comes
                 as
                 home
                 to
                 the
                 businesse
                 as
                 it
                 is
                 farre
                 off
                 from
                 the
                 text
                 .
                 See
                 whether
                 mes-prision
                 of
                 Scripture
                 may
                 mislead
                 us
                 :
                 a
                 man
                 that
                 understands
                 nothing
                 but
                 the
                 english
                 ,
                 or
                 vulgar
                 latin
                 ,
                 may
                 easily
                 run
                 into
                 so
                 foul
                 an
                 error
                 ;
                 weigh
                 but
                 the
                 place
                 well
                 ,
                 &
                 you
                 will
                 soon
                 find
                 the
                 fault
                 without
                 me
                 ;
                 Othniel
                 the
                 son
                 of
                 
                   Kenaz
                   ,
                   Calebs
                
                 brother
                 ,
                 tooke
                 Kerath-Sepher
                 ,
                 and
                 Caleb
                 gave
                 him
                 Achsah
                 his
                 daughter
                 to
                 wife
                 ;
                 The
                 English
                 wanting
                 cases
                 expresses
                 it
                 doubtfuly
                 ,
                 it
                 will
                 be
                 cleare
                 in
                 the
                 Latin
                 ;
                 as
                 Montanus
                 ,
                 and
                 Pagnine
                 ,
                 two
                 great
                 Masters
                 
                 of
                 the
                 Hebrew
                 in
                 their
                 Interlinear
                 ,
                 read
                 it
                 ,
                 
                   Othniel
                   filius
                   Kenaz
                   ,
                   fratris
                   Calebi
                   ;
                   Othniel
                
                 the
                 sonne
                 of
                 Kenaz
                 ,
                 which
                 Kenaz
                 was
                 Caleb's
                 brother
                 ,
                 both
                 the
                 Hebrew
                 &
                 Chaldee
                 cleare
                 that
                 sense
                 :
                 So
                 the
                 Septuagint
                 ,
                 as
                 Emanuel-Sa
                 also
                 urges
                 upon
                 that
                 place
                 
                   Judg
                   ,
                   1.
                   13.
                
                 expresly
                 say
                 that
                 Kenaz
                 was
                 the
                 brother
                 of
                 Caleb
                 ,
                 and
                 not
                 Othoniel
                 ;
                 wherein
                 yet
                 I
                 cannot
                 much
                 blame
                 an
                 unballanced
                 judgement
                 ,
                 whiles
                 I
                 find
                 the
                 Septuagint
                 contrary
                 to
                 themselves
                 :
                 For
                 in
                 
                   Josh.
                   15.
                   16
                
                 they
                 say
                 Othniel
                 was
                 Calebs
                 younger
                 brother
                 ;
                 In
                 
                   Judg.
                   3.
                   9.
                
                 they
                 say
                 ,
                 Kenaz
                 the
                 father
                 of
                 Othniel
                 was
                 so
                 ;
                 for
                 which
                 there
                 is
                 no
                 excuse
                 ,
                 but
                 the
                 large
                 sense
                 of
                 a
                 brother
                 in
                 the
                 Hebrew
                 ,
                 
                   We
                   are
                   brethren
                
                 ,
                 saith
                 Abraham
                 to
                 Lot
                 ,
                 yet
                 he
                 was
                 Lots
                 uncle
                 :
                 so
                 was
                 Kenaz
                 a
                 progenitor
                 to
                 Othniel
                 ;
                 for
                 Caleb
                 is
                 stiled
                 the
                 son
                 of
                 Jephunneh
                 the
                 
                   Kenezite
                   ,
                   Josh.
                   14.
                   14.
                   
                   &
                   Num.
                   32
                   ▪
                   12.
                   
                
                 The
                 case
                 was
                 only
                 this
                 ,
                 Kenaz
                 
                 was
                 the
                 ancestor
                 of
                 Caleb
                 ;
                 and
                 one
                 of
                 the
                 same
                 name
                 was
                 his
                 brother
                 ,
                 the
                 father
                 of
                 Othniel
                 :
                 what
                 can
                 be
                 more
                 plain
                 then
                 1
                 
                   Chron.
                   4.
                   13.
                   
                   And
                   the
                   sons
                   of
                   Kenaz
                   ,
                   Othniel
                   &
                   Seraiah
                
                 ;
                 So
                 as
                 if
                 wee
                 take
                 this
                 most
                 strictly
                 to
                 the
                 letter
                 ;
                 it
                 implies
                 nothing
                 but
                 the
                 marriage
                 of
                 two
                 cozens
                 german
                 ,
                 Othniel
                 the
                 son
                 of
                 Kenaz
                 ,
                 and
                 Achsah
                 the
                 daughter
                 of
                 Caleb
                 ,
                 brothers
                 children
                 ,
                 as
                 Bucer
                 upon
                 the
                 place
                 ,
                 Melanchton
                 in
                 his
                 Tract
                 
                   De
                   Conjugio
                   ,
                   Junius
                
                 :
                 and
                 indeede
                 ,
                 who
                 otherwise
                 ?
                 And
                 now
                 by
                 this
                 time
                 you
                 see
                 what
                 a
                 poore
                 ground
                 this
                 is
                 to
                 build
                 upon
                 ;
                 rather
                 ,
                 you
                 see
                 a
                 castle
                 ,
                 not
                 built
                 on
                 the
                 sand
                 ,
                 but
                 in
                 the
                 ayre
                 ;
                 meer
                 misconceit
                 .
              
               
                 But
                 ,
                 saith
                 the
                 Advocate
                 ,
                 this
                 marriage
                 is
                 no
                 where
                 directly
                 forbidden
                 in
                 the
                 Law
                 ;
                 I
                 must
                 tell
                 him
                 it
                 is
                 but
                 a
                 meer
                 shuffle
                 to
                 stand
                 upon
                 the
                 terms
                 of
                 a
                 direct
                 prohibition
                 ,
                 when
                 there
                 is
                 one
                 no
                 lesse
                 forceable
                 &
                 convictive
                 :
              
               
               
                 Two
                 wayes
                 may
                 ought
                 be
                 effectually
                 forbidden
                 in
                 the
                 law
                 ;
                 Either
                 in
                 plain
                 expression
                 of
                 terms
                 ,
                 or
                 in
                 clear
                 implication
                 of
                 sense
                 ;
                 surely
                 ,
                 that
                 is
                 rather
                 more
                 in
                 the
                 law
                 which
                 it
                 means
                 irrefragably
                 ,
                 than
                 what
                 it
                 verbally
                 expresseth
                 :
                 now
                 ,
                 however
                 this
                 be
                 not
                 in
                 the
                 letter
                 of
                 the
                 law
                 ,
                 yet
                 in
                 the
                 sense
                 it
                 is
                 :
                 the
                 same
                 law
                 that
                 forbids
                 the
                 nephew
                 to
                 marry
                 the
                 aunt
                 ,
                 doth
                 
                   eadem
                   operâ
                
                 ,
                 forbid
                 the
                 uncle
                 to
                 marry
                 the
                 neece
                 ;
                 In
                 regard
                 as
                 of
                 neerness
                 ,
                 yea
                 identity
                 of
                 blood
                 ,
                 the
                 case
                 is
                 the
                 same
                 :
                 however
                 ,
                 som
                 inequality
                 may
                 be
                 conceived
                 in
                 respect
                 of
                 government
                 &
                 subjection
                 .
                 And
                 if
                 upon
                 som
                 oeconomicall
                 termes
                 ,
                 it
                 be
                 more
                 unfit
                 for
                 a
                 Nephew
                 to
                 marry
                 his
                 Aunt
                 ,
                 than
                 for
                 an
                 Uncle
                 to
                 marry
                 his
                 Neece
                 ,
                 yet
                 in
                 regard
                 of
                 blood
                 and
                 that
                 bodily
                 conjunction
                 ,
                 which
                 God
                 principally
                 aymes
                 at
                 in
                 this
                 prohibition
                 ,
                 what
                 difference
                 can
                 possibly
                 bee
                 conceived
                 ?
                 Nature
                 hath
                 
                 made
                 no
                 other
                 distance
                 betwixt
                 the
                 Nephew
                 and
                 the
                 Aunt
                 ,
                 than
                 bewixt
                 the
                 Neece
                 &
                 the
                 Uncle
                 :
                 or
                 if
                 there
                 be
                 any
                 ,
                 they
                 must
                 be
                 sharper
                 eys
                 than
                 mine
                 that
                 can
                 discerne
                 it
                 :
                 God
                 himself
                 (
                 me
                 thinks
                 )
                 hath
                 put
                 this
                 out
                 of
                 doubt
                 ;
                 the
                 reason
                 wherewith
                 hee
                 backs
                 his
                 command
                 is
                 iresistible
                 ;
                 The
                 Nephew
                 shall
                 not
                 marry
                 the
                 fathers
                 sister
                 ;
                 why
                 so
                 ?
                 
                   For
                   she
                   is
                   thy
                   fathers
                   neer
                   kinswoman
                   ,
                   v.
                   12.
                   
                
                 Lo
                 it
                 is
                 the
                 neerness
                 of
                 blood
                 that
                 makes
                 this
                 match
                 unlawfull
                 ,
                 not
                 respect
                 of
                 civil
                 inequality
                 ;
                 Where
                 the
                 blood
                 then
                 is
                 equally
                 neere
                 ,
                 the
                 marriage
                 must
                 be
                 equally
                 unlawfull
                 .
              
               
                 That
                 rule
                 of
                 law
                 which
                 is
                 pretended
                 ,
                 
                   in
                   prohibitoriis
                   ,
                   quicquid
                   non
                   prohibetur
                   ,
                   permittitur
                   .
                
                 What
                 is
                 not
                 forbidden
                 ,
                 is
                 permitted
                 ,
                 had
                 neede
                 of
                 a
                 fair
                 construction
                 ;
                 Indeed
                 ,
                 that
                 which
                 is
                 not
                 forbidden
                 either
                 in
                 words
                 or
                 in
                 necessary
                 analogy
                 &
                 implication
                 of
                 sense
                 ,
                 is
                 supposed
                 to
                 be
                 left
                 at
                 large
                 ,
                 
                 But
                 what
                 place
                 hath
                 this
                 Axiome
                 in
                 a
                 case
                 not
                 less
                 really
                 forbidden
                 than
                 the
                 expressed
                 ?
                 And
                 if
                 wee
                 should
                 strictly
                 follow
                 the
                 letter
                 of
                 this
                 Maxime
                 ,
                 it
                 would
                 lead
                 us
                 into
                 Sodome
                 :
                 since
                 there
                 are
                 marriages
                 not
                 specified
                 ,
                 which
                 would
                 be
                 monstrously
                 incestuous
                 ,
                 &
                 such
                 as
                 honesty
                 would
                 blush
                 to
                 mention
                 ,
                 as
                 shall
                 appeare
                 in
                 the
                 sequele
                 .
              
               
                 Neither
                 is
                 there
                 any
                 more
                 force
                 in
                 that
                 other
                 ,
                 
                   In
                   poenalibus
                   non
                   fit
                   extensio
                
                 ,
                 That
                 penall
                 lawes
                 should
                 not
                 bee
                 stretcht
                 further
                 then
                 their
                 words
                 import
                 .
                 Certainly
                 in
                 som
                 sense
                 ,
                 I
                 know
                 no
                 law
                 that
                 is
                 not
                 penall
                 :
                 but
                 why
                 this
                 law
                 ,
                 
                   Thou
                   shalt
                   not
                   marry
                   thy
                   Aunt
                   or
                   Neece
                
                 should
                 be
                 rather
                 penal
                 ,
                 than
                 ,
                 
                   Thou
                   shalt
                   not
                   commit
                   adultry
                
                 ,
                 I
                 know
                 not
                 ;
                 I
                 am
                 sure
                 learned
                 Zanchius
                 accounts
                 these
                 of
                 the
                 18.
                 of
                 Leviticus
                 ,
                 equally
                 morall
                 :
                 and
                 Bucanus
                 holds
                 them
                 to
                 be
                 against
                 the
                 law
                 of
                 nature
                 .
              
               
                 And
                 if
                 in
                 humane
                 laws
                 this
                 axiom
                 
                 may
                 challenge
                 a
                 place
                 ,
                 yet
                 in
                 the
                 roy
                 all
                 laws
                 of
                 our
                 Maker
                 ,
                 where
                 ,
                 under
                 one
                 sin
                 mentioned
                 ,
                 all
                 the
                 species
                 &
                 appendances
                 ,
                 and
                 the
                 whols
                 claim
                 of
                 that
                 wickednesse
                 is
                 wont
                 to
                 be
                 comprised
                 ,
                 doubtless
                 it
                 is
                 utterly
                 unsufferable
                 :
                 Neither
                 is
                 here
                 any
                 extension
                 of
                 this
                 prohibition
                 beyond
                 those
                 limits
                 which
                 God
                 hath
                 fixed
                 in
                 the
                 undoubted
                 sense
                 of
                 his
                 law
                 .
                 In
                 the
                 seventh
                 Commandement
                 ,
                 nothing
                 is
                 expressed
                 but
                 adultry
                 ,
                 shall
                 we
                 therefore
                 say
                 neither
                 fornication
                 ,
                 nor
                 pollution
                 ,
                 nor
                 sodomie
                 is
                 there
                 forbidden
                 ?
                 were
                 not
                 this
                 to
                 destroy
                 that
                 lawe
                 ,
                 which
                 God
                 makes
                 to
                 be
                 spirituall
                 ,
                 and
                 to
                 open
                 the
                 flood
                 gates
                 to
                 a
                 torrent
                 of
                 licentiousnesse
                 ?
                 surely
                 ,
                 it
                 is
                 easy
                 to
                 observe
                 that
                 Gods
                 Spirit
                 no
                 lesse
                 meanes
                 that
                 which
                 he
                 pleaseth
                 to
                 suppresse
                 .
                 The
                 Psalmist
                 sayes
                 ,
                 
                   Promotion
                   comes
                   neither
                   from
                   the
                   East
                   ,
                   nor
                   from
                   the
                   West
                   ,
                   nor
                   from
                   the
                   South
                   ,
                   Psal.
                   75.
                   6.
                   
                
                 Shall
                 we
                 therefore
                 say
                 ,
                 Is
                 is
                 
                 from
                 the
                 North
                 ?
                 Is
                 not
                 that
                 coast
                 equally
                 excluded
                 ,
                 though
                 not
                 expressed
                 ?
                 It
                 is
                 too
                 much
                 boldness
                 to
                 hold
                 God
                 too
                 strictly
                 to
                 syllables
                 ,
                 when
                 it
                 is
                 easie
                 to
                 determin
                 what
                 he
                 meant
                 to
                 imply
                 :
                 These
                 rules
                 then
                 are
                 useless
                 :
                 Let
                 me
                 see
                 now
                 if
                 the
                 Advocat
                 can
                 as
                 easily
                 shake
                 off
                 one
                 or
                 two
                 rules
                 of
                 law
                 ,
                 which
                 I
                 shall
                 return
                 upon
                 him
                 in
                 lieu
                 of
                 his
                 .
                 
                   Is
                   committit
                   in
                   legem
                   ,
                   &c.
                   
                
                 Hee
                 wrongs
                 the
                 law
                 who
                 keeping
                 close
                 to
                 the
                 letter
                 ,
                 strives
                 against
                 the
                 intent
                 and
                 purpose
                 of
                 the
                 law
                 :
                 And
                 that
                 other
                 not
                 unlike
                 ,
                 
                   In
                   fraudem
                   legis
                   facit
                   qui
                   salvis
                   verbis
                   legis
                   sententiam
                   ejus
                   circumvenit
                   ,
                
                 If
                 this
                 be
                 not
                 the
                 case
                 in
                 hand
                 ,
                 I
                 shall
                 professe
                 to
                 know
                 nothing
                 .
              
               
                 From
                 rules
                 ,
                 let
                 us
                 look
                 to
                 authorities
                 ,
                 It
                 is
                 directly
                 maintained
                 (
                 hee
                 saith
                 )
                 by
                 the
                 Canonists
                 and
                 Scholemen
                 ;
                 but
                 what
                 is
                 it
                 that
                 is
                 so
                 maintained
                 ?
                 Not
                 this
                 match
                 (
                 let
                 no
                 man
                 think
                 so
                 )
                 but
                 that
                 proposition
                 ,
                 viz
                 :
                 
                 that
                 this
                 match
                 is
                 no
                 where
                 directly
                 forbidden
                 in
                 Gods
                 law
                 ,
                 If
                 wee
                 take
                 it
                 of
                 express
                 terms
                 ,
                 no
                 wise
                 man
                 ever
                 denied
                 it
                 ;
                 not
                 Canonists
                 &
                 Scholemen
                 only
                 ,
                 or
                 those
                 few
                 named
                 Authors
                 ,
                 but
                 all
                 reasonable
                 men
                 concurre
                 in
                 this
                 truth
                 ;
                 what
                 needs
                 a
                 citation
                 of
                 some
                 ,
                 where
                 all
                 agree
                 ?
                 But
                 if
                 we
                 take
                 it
                 of
                 the
                 necessary
                 &
                 cleare
                 sense
                 of
                 the
                 law
                 by
                 just
                 Analogy
                 and
                 infallible
                 implication
                 ,
                 now
                 ,
                 none
                 of
                 the
                 forecited
                 ,
                 or
                 any
                 other
                 orthodox
                 Authors
                 will
                 deny
                 the
                 certaine
                 and
                 indubitable
                 prohibition
                 of
                 this
                 marriage
                 .
                 How
                 well
                 the
                 rest
                 will
                 speed
                 ,
                 judg
                 by
                 their
                 fore-man
                 ,
                 
                   Tho
                   :
                   Aquinas
                
                 who
                 expresly
                 determines
                 it
                 a
                 false
                 position
                 ,
                 that
                 those
                 are
                 joyned
                 together
                 by
                 God
                 ,
                 who
                 match
                 within
                 the
                 fourth
                 degree
                 ,
                 whereas
                 this
                 is
                 in
                 the
                 third
                 ;
                 Not
                 to
                 say
                 how
                 stifly
                 
                   Peter
                   Lombard
                
                 urges
                 the
                 unlawfulness
                 of
                 marriages
                 to
                 the
                 very
                 seventh
                 degree
                 ,
                 
                   vel
                   quousque
                   parentela
                   possit
                   agnosci
                
                 ,
                 even
                 
                 as
                 farre
                 as
                 the
                 kindred
                 may
                 bee
                 discerned
                 ,
                 following
                 herein
                 Pope
                 Gregory
                 and
                 Nicholas
                 :
                 To
                 shut
                 up
                 short
                 ,
                 none
                 of
                 all
                 his
                 cited
                 Authors
                 dare
                 be
                 any
                 other
                 then
                 professed
                 enemies
                 to
                 this
                 match
                 ;
                 no
                 lesse
                 ,
                 then
                 the
                 most
                 zealous
                 Commissioner
                 of
                 that
                 now
                 abolished
                 Court
                 ,
                 whose
                 late
                 sentence
                 is
                 upon
                 Record
                 enough
                 to
                 this
                 purpose
                 .
              
               
                 As
                 for
                 Lyra
                 ,
                 who
                 is
                 trailed
                 in
                 here
                 ,
                 and
                 cited
                 strongly
                 in
                 Othniels
                 Case
                 ,
                 what
                 shall
                 I
                 say
                 ?
                 It
                 grieves
                 my
                 soul
                 to
                 see
                 any
                 well-minded
                 Christian
                 so
                 abused
                 by
                 mis-information
                 :
                 This
                 author
                 hath
                 thus
                 
                   Turpitudinem
                   sororis
                   ,
                   &c.
                
                 
                 Thou
                 shalt
                 not
                 uncover
                 the
                 nakednesse
                 of
                 thy
                 Fathers
                 sister
                 ,
                 or
                 thy
                 Mothers
                 sister
                 
                   (
                   &
                   eodem
                   modo
                
                 )
                 and
                 in
                 the
                 same
                 manner
                 is
                 forbidden
                 the
                 marriage
                 betwixt
                 the
                 brother
                 ,
                 and
                 the
                 daughter
                 of
                 the
                 Aunt
                 ,
                 for
                 it
                 is
                 the
                 same
                 degree
                 ,
                 so
                 Lyra
                 :
                 Nothing
                 can
                 be
                 more
                 peremptory
                 against
                 this
                 case
                 
                 in
                 favor
                 of
                 which
                 he
                 is
                 alledged
                 .
              
               
                 This
                 would
                 be
                 the
                 issue
                 of
                 all
                 the
                 rest
                 ,
                 if
                 it
                 were
                 worth
                 the
                 while
                 to
                 examin
                 them
                 ,
                 in
                 that
                 ,
                 which
                 yeelded
                 ,
                 nothing
                 advanceth
                 the
                 cause
                 of
                 the
                 producer
                 .
                 They
                 are
                 all
                 as
                 professed
                 enemies
                 to
                 this
                 match
                 as
                 my selfe
                 ;
                 only
                 they
                 deny
                 an
                 expresse
                 mention
                 of
                 this
                 cause
                 ,
                 which
                 was
                 never
                 either
                 thought
                 needfull
                 ,
                 or
                 intended
                 to
                 be
                 pleaded
                 .
              
               
                 For
                 the
                 Protestant
                 Divines
                 which
                 are
                 cited
                 to
                 give
                 testimony
                 to
                 the
                 non-prohibition
                 of
                 this
                 marriage
                 ,
                 I
                 must
                 cry
                 shame
                 upon
                 those
                 false
                 hands
                 which
                 have
                 so
                 palpably
                 abused
                 both
                 your
                 friend
                 &
                 the
                 Authors
                 :
                 Let
                 me
                 give
                 but
                 a
                 taste
                 of
                 som
                 ,
                 
                   Melancthon
                   Zanchius
                   ,
                   Bucanus
                
                 ,
                 who
                 are
                 said
                 to
                 allow
                 the
                 match
                 ,
                 by
                 admiting
                 only
                 the
                 degrees
                 mentioned
                 to
                 bee
                 prohibited
                 ;
                 No
                 place
                 is
                 instanced
                 ;
                 
                   versatur
                   in
                   generalibus
                
                 ,
                 You
                 know
                 the
                 word
                 ,
                 but
                 let
                 your
                 eyes
                 be
                 judges
                 of
                 
                 their
                 opinion
                 :
                 Melancthon
                 mentioning
                 the
                 marriage
                 of
                 Abraham
                 and
                 Sarah
                 ,
                 in
                 the
                 second
                 degree
                 :
                 
                   Hoc
                   gradu
                
                 (
                 saith
                 he
                 )
                 
                   in
                   linea
                   inaequali
                   &c.
                
                 
                 In
                 this
                 degree
                 in
                 an
                 inequallline
                 ;
                 marriages
                 are
                 forbidden
                 by
                 Gods
                 law
                 ,
                 because
                 God
                 doth
                 universally
                 ordaine
                 a
                 greater
                 reverence
                 to
                 be
                 yeelded
                 to
                 a
                 superior
                 degree
                 ,
                 then
                 to
                 an
                 equall
                 :
                 It
                 is
                 the
                 very
                 case
                 in
                 hand
                 ,
                 which
                 Melancthon
                 thus
                 sentenceth
                 :
                 For
                 Zanchius
                 ,
                 he
                 citing
                 the
                 Text
                 of
                 
                   Levit.
                   18
                   13.
                
                 
                 Thou
                 shalt
                 not
                 uncover
                 the
                 nakednesse
                 of
                 thy
                 Mothers
                 Sister
                 ;
                 adds
                 ,
                 
                   ergo
                   neque
                   mater
                   teram
                   ,
                   &c.
                   
                
                 Therfore
                 no
                 man
                 (
                 saith
                 he
                 )
                 may
                 marry
                 his
                 Aunt
                 ,
                 and
                 that
                 charge
                 which
                 he
                 gives
                 concerning
                 the
                 Aunt
                 would
                 God
                 have
                 to
                 bee
                 understood
                 also
                 of
                 the
                 Uncle
                 ,
                 which
                 is
                 the
                 Fathers
                 brother
                 ,
                 or
                 the
                 Mothers
                 brother
                 ,
                 whiles
                 he
                 adds
                 a
                 reason
                 of
                 the
                 prohibition
                 ,
                 For
                 she
                 is
                 the
                 neer
                 kinswoman
                 of
                 thy
                 Father
                 or
                 Mother
                 :
                 
                 Thus
                 Zanchius
                 in
                 his
                 book
                 
                   de
                   Operibus
                   Dei.
                
                 Lib.
                 4.
                 
                   de
                   Sponsalibus
                
                 ,
                 who
                 absolutely
                 condemnes
                 this
                 marriage
                 as
                 incestuous
                 ,
                 and
                 indispensable
                 .
              
               
                 Bucanus
                 ,
                 moving
                 the
                 case
                 of
                 Abrahams
                 marriage
                 with
                 Sarah
                 ,
                 and
                 Amrams
                 with
                 Jochebed
                 &c.
                 
                 Leaves
                 it
                 in
                 doubt
                 whether
                 these
                 men
                 were
                 (
                 as
                 the
                 times
                 stood
                 )
                 particularly
                 dispensed
                 with
                 by
                 God
                 ,
                 or
                 whether
                 they
                 sinned
                 in
                 thus
                 marrying
                 ,
                 even
                 before
                 the
                 law
                 ,
                 against
                 the
                 law
                 of
                 nature
                 ,
                 by
                 which
                 he
                 holds
                 these
                 matches
                 utterly
                 prohibited
                 ;
                 With
                 what
                 forehead
                 then
                 could
                 any
                 Scholar
                 obtrude
                 these
                 fals
                 allegations
                 upon
                 an
                 honest
                 client
                 ,
                 whether
                 to
                 draw
                 his
                 foot
                 into
                 a
                 snare
                 ,
                 or
                 to
                 keep
                 it
                 there
                 ,
                 under
                 pretence
                 of
                 favoring
                 what
                 they
                 professedly
                 oppose
                 .
              
               
                 As
                 for
                 the
                 moderne
                 Jewes
                 ,
                 to
                 whom
                 he
                 stretches
                 out
                 his
                 hand
                 for
                 succour
                 ,
                 it
                 matters
                 little
                 what
                 they
                 now
                 teach
                 or
                 do
                 ;
                 they
                 are
                 not
                 more
                 
                 without
                 God
                 ,
                 then
                 without
                 honesty
                 ,
                 or
                 credit
                 ;
                 Their
                 opinions
                 are
                 fabulous
                 ,
                 their
                 judgement
                 frivolous
                 ,
                 and
                 their
                 practise
                 not
                 worth
                 our
                 knowledge
                 or
                 regard
                 .
              
               
                 I
                 rather
                 descend
                 to
                 the
                 resolution
                 of
                 our
                 owne
                 Church
                 ;
                 That
                 our
                 ever
                 honoured
                 Mother
                 hath
                 passed
                 her
                 condemnatory
                 sentence
                 upon
                 this
                 marriage
                 in
                 her
                 ratification
                 of
                 that
                 Orthodox
                 and
                 just
                 Table
                 of
                 forbidden
                 degrees
                 ,
                 set
                 forth
                 by
                 authority
                 under
                 Archb.
                 Parker
                 ,
                 what
                 doubt
                 we
                 now
                 ?
                 Do
                 we
                 acknowledg
                 the
                 Oracular
                 Voice
                 of
                 our
                 dear
                 and
                 holy
                 mother
                 the
                 Church
                 of
                 England
                 ,
                 and
                 yet
                 question
                 whether
                 we
                 should
                 obey
                 it
                 ?
                 Certainly
                 in
                 a
                 case
                 of
                 Conscience
                 ,
                 a
                 dutifull
                 son
                 (
                 mee
                 thinks
                 should
                 rather
                 hold
                 fit
                 to
                 follow
                 the
                 sacred
                 determination
                 of
                 the
                 Church
                 ,
                 then
                 the
                 municipall
                 Acts
                 of
                 the
                 civill
                 state
                 .
                 It
                 is
                 an
                 ill
                 office
                 of
                 those
                 that
                 would
                 set
                 Church
                 and
                 State
                 ,
                 Canons
                 and
                 Statutes
                 
                 together
                 by
                 the
                 eares
                 even
                 in
                 these
                 points
                 wherin
                 they
                 are
                 perfect
                 friends
                 .
              
               
                 The
                 statute
                 of
                 32
                 of
                 Henry
                 8.
                 c.
                 38.
                 intending
                 to
                 marre
                 the
                 Romish
                 market
                 of
                 gainfull
                 dispensations
                 ,
                 and
                 injurious
                 prohibitions
                 ,
                 professeth
                 to
                 allow
                 all
                 marriages
                 that
                 are
                 not
                 prohibited
                 by
                 Gods
                 law
                 ,
                 such
                 is
                 this
                 in
                 hand
                 ,
                 prohibited
                 ,
                 though
                 not
                 in
                 the
                 Letter
                 ,
                 yet
                 in
                 necessary
                 inference
                 and
                 interpretation
                 .
                 The
                 Canon
                 99.
                 of
                 1603.
                 hath
                 thus
                 :
                 No
                 person
                 shall
                 marry
                 within
                 the
                 degrees
                 prohibited
                 by
                 the
                 lawes
                 of
                 God
                 ,
                 and
                 expressed
                 in
                 a
                 Table
                 set
                 forth
                 by
                 authority
                 ,
                 in
                 the
                 yeer
                 1563.
                 and
                 all
                 marriages
                 so
                 made
                 and
                 contracted
                 shal
                 be
                 adjudged
                 incestuous
                 and
                 unlawfull
                 .
              
               
                 What
                 scruple
                 can
                 arise
                 hence
                 ?
                 here
                 is
                 a
                 perfect
                 harmony
                 betwixt
                 Statute
                 and
                 Canon
                 .
                 It
                 is
                 a
                 meer
                 Cavill
                 (
                 no
                 better
                 to
                 take
                 And
                 for
                 Or
                 ,
                 as
                 if
                 the
                 meaning
                 were
                 ,
                 that
                 all
                 degrees
                 ,
                 
                 whether
                 prohibited
                 by
                 the
                 lawe
                 of
                 God
                 ,
                 or
                 expressed
                 in
                 that
                 Table
                 are
                 forbidden
                 :
                 This
                 is
                 a
                 foule
                 straine
                 both
                 to
                 Grammer
                 and
                 to
                 the
                 sence
                 and
                 scope
                 of
                 the
                 Canon
                 ,
                 which
                 plainly
                 intends
                 to
                 aver
                 that
                 all
                 those
                 degrees
                 prohibited
                 in
                 that
                 table
                 are
                 also
                 forbidden
                 by
                 the
                 laws
                 of
                 God.
                 A
                 truth
                 so
                 certain
                 ,
                 that
                 if
                 either
                 self-love
                 ,
                 or
                 love
                 of
                 gaine
                 did
                 not
                 betray
                 the
                 eye
                 ,
                 it
                 is
                 a
                 wonder
                 how
                 it
                 should
                 abide
                 a
                 contradiction
                 .
              
               
                 It
                 is
                 observable
                 that
                 neither
                 statute
                 nor
                 canon
                 speak
                 of
                 an
                 expresse
                 prohibition
                 in
                 Gods
                 law
                 ,
                 And
                 the
                 Canon
                 purposely
                 distinguisheth
                 the
                 termes
                 prohibited
                 by
                 Gods
                 law
                 ,
                 and
                 expressed
                 in
                 the
                 Table
                 ,
                 as
                 justly
                 supposing
                 there
                 may
                 be
                 as
                 strong
                 a
                 prohibition
                 in
                 a
                 sense
                 implyed
                 ,
                 as
                 verbally
                 expressed
                 :
                 Else
                 ,
                 if
                 our
                 Lawes
                 (
                 as
                 is
                 pretended
                 )
                 should
                 give
                 allowance
                 (
                 which
                 God
                 forbid
                 )
                 to
                 any
                 marriages
                 not
                 expresly
                 
                   in
                   terminis
                
                 ,
                 
                 forbidden
                 ;
                 wee
                 should
                 have
                 strange
                 and
                 uncouth
                 mixtures
                 .
              
               
                 God
                 by
                 Moses
                 expresly
                 forbad
                 the
                 uncovering
                 the
                 nakedness
                 of
                 Father
                 and
                 Mother
                 ;
                 hee
                 expressed
                 not
                 the
                 nakednesse
                 of
                 Son
                 and
                 Daughter
                 :
                 he
                 expresly
                 names
                 the
                 nakednesse
                 of
                 the
                 Fathers
                 wife
                 ,
                 he
                 expresseth
                 not
                 the
                 nakednesse
                 of
                 the
                 Mothers
                 husband
                 :
                 He
                 expresly
                 names
                 the
                 nakednesse
                 of
                 thy
                 Sister
                 ,
                 he
                 expresseth
                 not
                 the
                 nakedness
                 of
                 thy
                 Brother
                 ;
                 he
                 expresseth
                 the
                 nakednesse
                 of
                 thy
                 Sons
                 Daughter
                 ,
                 he
                 expresseth
                 not
                 the
                 nakednesse
                 of
                 thy
                 Daughters
                 Son
                 :
                 He
                 expresseth
                 the
                 nakednesse
                 of
                 thy
                 Fathers
                 wives
                 Daughter
                 ,
                 he
                 expresseth
                 not
                 the
                 Mothers
                 Husbands
                 Sonne
                 ;
                 he
                 expresseth
                 the
                 Fathers
                 Sister
                 ,
                 not
                 the
                 Mothers
                 Brother
                 :
                 He
                 expresses
                 the
                 Daughter
                 in
                 law
                 ,
                 not
                 the
                 Son
                 in
                 law
                 .
                 So
                 as
                 by
                 this
                 Rule
                 ,
                 if
                 it
                 should
                 be
                 carried
                 only
                 by
                 meer
                 verball
                 expressions
                 ,
                 a
                 woman
                 might
                 marry
                 her
                 
                 Son
                 in
                 law
                 ;
                 the
                 Nephew
                 might
                 marry
                 his
                 great
                 aunt
                 ,
                 the
                 neece
                 her
                 grea-uncle
                 ;
                 the
                 Daughter
                 might
                 marry
                 her
                 Mothers
                 husbands
                 Sonne
                 ;
                 the
                 Grand-mother
                 might
                 marry
                 her
                 Daughters
                 son
                 ;
                 the
                 Daughter
                 might
                 marry
                 with
                 her
                 Mothers
                 Husband
                 ;
                 Were
                 these
                 things
                 to
                 be
                 allowed
                 ,
                 the
                 world
                 would
                 be
                 all
                 Sodome
                 :
                 These
                 things
                 therefore
                 are
                 of
                 necessity
                 included
                 in
                 the
                 law
                 by
                 a
                 clere
                 Analogy
                 ;
                 no
                 lesse
                 then
                 if
                 they
                 had
                 beene
                 expressed
                 .
              
               
                 But
                 have
                 there
                 been
                 ,
                 as
                 hee
                 saith
                 ,
                 precedents
                 of
                 this
                 march
                 ?
                 I
                 am
                 sory
                 to
                 heare
                 it
                 ;
                 surely
                 ,
                 the
                 more
                 the
                 worse
                 and
                 the
                 more
                 need
                 to
                 redresse
                 it
                 ;
                 the
                 addition
                 of
                 this
                 ,
                 if
                 neglected
                 ,
                 would
                 help
                 to
                 strengthen
                 an
                 ill
                 claim
                 .
              
               
                 Cozens-german
                 ,
                 he
                 saith
                 ,
                 have
                 beene
                 allowed
                 to
                 marry
                 ;
                 What
                 is
                 that
                 to
                 the
                 present
                 case
                 ?
                 The
                 difference
                 is
                 as
                 much
                 as
                 betwixt
                 a
                 Nephew
                 and
                 an
                 Uncle
                 ;
                 The
                 Uncle
                 
                 hath
                 too
                 much
                 of
                 the
                 Parents
                 both
                 right
                 ,
                 and
                 blood
                 ,
                 to
                 challenge
                 an
                 equall
                 claim
                 with
                 a
                 Cozen.
                 
              
               
                 In
                 the
                 shutting
                 up
                 ,
                 it
                 pitties
                 me
                 to
                 see
                 your
                 worthy
                 Friend
                 driven
                 to
                 this
                 plea
                 ;
                 and
                 like
                 a
                 drowning
                 man
                 to
                 snatch
                 at
                 so
                 small
                 a
                 twig
                 :
                 
                   Being
                   done
                
                 (
                 he
                 saith
                 )
                 
                   it
                   ought
                   not
                   to
                   be
                   undone
                   .
                
                 Alas
                 ,
                 the
                 Canon
                 is
                 peremptory
                 .
                 It
                 is
                 incestuous
                 and
                 unlawfull
                 ;
                 what
                 plea
                 is
                 there
                 for
                 continuance
                 ?
                 Speak
                 not
                 therfore
                 of
                 either
                 connivence
                 or
                 dispensation
                 ;
                 This
                 match
                 is
                 only
                 capable
                 of
                 a
                 late
                 ,
                 but
                 much
                 wished
                 repentance
                 on
                 the
                 Offenders
                 part
                 ;
                 and
                 a
                 just
                 diremption
                 on
                 the
                 part
                 of
                 the
                 Judges
                 .
              
            
          
           
             
             
               CASE
               II.
               
            
             
               Whether
               it
               be
               lawfull
               for
               a
               Man
               to
               marry
               his
               wives
               Brothers
               widow
               .
            
             
               AMongst
               all
               the
               heads
               of
               Case
               .
               Divinity
               ,
               there
               is
               no
               one
               that
               yeeldeth
               more
               scruples
               ,
               then
               this
               of
               Marriage
               ,
               whether
               wee
               regard
               the
               qualification
               of
               the
               Persons
               ,
               or
               the
               emergency
               of
               actions
               and
               events
               .
               It
               is
               the
               lawfulness
               of
               this
               match
               that
               you
               inquire
               after
               ,
               not
               the
               expedience
               and
               I
               must
               shape
               my
               answer
               accordingly
               .
            
             
               It
               hath
               been
               the
               wisdom
               and
               care
               of
               our
               godly
               and
               prudent
               Predecessors
               ,
               to
               ordaine
               a
               Table
               of
               all
               the
               prohibited
               degrees
               to
               be
               publiquely
               hang'd
               up
               in
               all
               the
               severall
               Churches
               of
               this
               Nation
               ;
               to
               which
               all
               commers
               might
               have
               recourse
               for
               satisfaction
               :
               This
               Catalogue
               you
               have
               perused
               ,
               and
               find
               no
               exception
               
               of
               the
               case
               specified
               ;
               I
               know
               no
               reason
               therfore
               why
               you
               may
               not
               conclude
               it
               not
               unlawfull
               .
            
             
               The
               question
               of
               the
               Expedience
               would
               require
               another
               debate
               ,
               doubt
               less
               ,
               in
               all
               cases
               of
               this
               nature
               ,
               it
               must
               needs
               be
               yeelded
               that
               it
               were
               more
               meet
               and
               safe
               (
               since
               the
               world
               yeilds
               so
               large
               a
               latitude
               of
               choice
               )
               to
               look
               further
               off
               ;
               a
               wise
               and
               good
               man
               will
               not
               willingly
               trespasse
               against
               the
               rules
               of
               just
               expedience
               :
               and
               will
               be
               as
               carefull
               to
               consider
               what
               is
               fit
               to
               be
               done
               ,
               as
               what
               is
               lawfull
               ;
               but
               that
               comes
               not
               ,
               at
               this
               time
               ,
               within
               your
               inquiry
               .
            
             
               Whiles
               therfore
               I
               give
               my
               opinion
               for
               the
               lawfulness
               of
               this
               Marriage
               with
               the
               Relict
               of
               the
               wives
               brother
               ,
               I
               doe
               no
               whit
               clash
               (
               as
               you
               suggest
               with
               the
               judgement
               of
               Beza
               ,
               and
               Master
               Perkins
               ,
               who
               professe
               their
               dislike
               of
               such
               copulations
               :
               I
               shal
               as
               readily
               cry
               them
               down
               for
               unmeet
               ,
               
               and
               inconvenient
               ,
               as
               those
               ,
               that
               with
               too
               much
               boldnesse
               come
               over
               neere
               to
               the
               Verge
               of
               a
               sinfull
               conjunction
               ,
               but
               for
               the
               not
               unlawfulnesse
               of
               this
               match
               ,
               I
               did
               upon
               the
               first
               hearing
               give
               my
               affirmative
               answer
               :
               and
               the
               more
               I
               consider
               of
               it
               ,
               I
               am
               the
               more
               confirmed
               in
               that
               resolution
               .
            
             
               That
               universal
               rule
               mentioned
               by
               you
               ,
               as
               laid
               down
               by
               those
               two
               worthy
               Authors
               ,
               must
               indure
               a
               limitation
               ;
               
                 Cujus
                 non
                 licet
                 inire
                 nuptias
                 ,
                 ejus
                 nec
                 conjugis
                 licet
              
               ;
               that
               there
               is
               the
               same
               degree
               and
               force
               of
               relation
               of
               a
               third
               person
               (
               in
               the
               case
               of
               Marriage
               )
               to
               the
               husband
               and
               to
               the
               wife
               ;
               so
               as
               proximity
               of
               blood
               in
               the
               one
               ,
               should
               not
               be
               a
               greater
               bar
               then
               the
               same
               proximity
               of
               alliance
               in
               the
               other
               ;
               Otherwise
               ,
               many
               more
               copulations
               will
               fall
               under
               censure
               ,
               then
               common
               practise
               will
               condescend
               unto
               ;
               and
               that
               ground
               of
               ,
               
                 uxor
                 pars
                 
                 quadam
                 viri
              
               ,
               The
               wife
               is
               as
               a
               part
               of
               the
               husband
               ,
               as
               it
               holds
               not
               in
               naturall
               relation
               at
               all
               ,
               so
               not
               in
               all
               conjugall
               ;
               as
               might
               be
               too
               easily
               instanced
               in
               divers
               particulars
               .
            
             
               And
               if
               there
               were
               not
               som
               difference
               in
               these
               relations
               ,
               those
               second
               persons
               which
               are
               interessed
               in
               the
               Husband
               or
               Wife
               ,
               might
               not
               come
               neer
               to
               the
               next
               in
               affinity
               to
               them
               ;
               For
               example
               ,
               my
               Brother
               may
               not
               marry
               my
               Sister
               ,
               therefore
               by
               this
               rule
               ,
               he
               might
               not
               marry
               my
               Wives
               Sister
               ,
               and
               so
               it
               should
               bee
               unlawfull
               for
               two
               Brothers
               to
               marry
               two
               Sisters
               ,
               then
               which
               nothing
               is
               more
               ordinary
               or
               lesse
               obnoxious
               to
               disallowance
               .
            
             
               That
               generall
               rule
               therefore
               ,
               must
               be
               restrained
               necessarily
               to
               the
               first
               ranke
               of
               affinity
               ;
               if
               we
               descend
               lower
               it
               holds
               not
               .
               For
               further
               explanation
               ,
               our
               Civilians
               and
               Canonists
               are
               wont
               to
               make
               two
               kinds
               or
               degrees
               
               of
               Affinity
               ,
               the
               one
               primary
               ,
               the
               other
               secondary
               ;
               In
               the
               first
               is
               the
               affinity
               between
               the
               husband
               and
               the
               Cozens
               of
               blood
               to
               his
               wife
               ,
               or
               
                 è
                 cōverse
              
               ;
               which
               indeed
               is
               justly
               held
               no
               lesse
               for
               a
               barr
               of
               marriage
               then
               his
               own
               naturall
               consanguinity
               ;
               for
               that
               is
               an
               affinity
               contracted
               upon
               interest
               of
               blood
               ,
               by
               virtue
               of
               that
               entire
               union
               between
               Man
               and
               Wife
               ,
               wherby
               they
               both
               become
               one
               flesh
               ;
               The
               Secondary
               affinity
               is
               that
               wherein
               there
               is
               another
               person
               added
               moreover
               to
               that
               first
               kinde
               now
               mentioned
               ;
               the
               affinity
               arising
               only
               from
               the
               interest
               of
               an
               affinity
               ,
               formerly
               contracted
               ,
               not
               from
               consanguinity
               ;
               and
               this
               is
               not
               so
               binding
               as
               either
               to
               hinder
               a
               marriage
               to
               be
               contracted
               ,
               or
               being
               contracted
               ,
               to
               dissolve
               it
               .
            
             
               In
               this
               rank
               are
               the
               brothers
               wife
               and
               sisters
               husband
               ;
               and
               therefore
               ,
               upon
               the
               decease
               of
               the
               brother
               and
               sister
               ,
               the
               husband
               of
               the
               sister
               deceased
               ,
               
               and
               the
               wife
               of
               the
               deceased
               brother
               may
               marry
               together
               ,
               as
               Dr.
               NicholausEverhardus
               out
               of
               
                 Richardus
                 de
                 Media
                 Villa
              
               ,
               and
               *
               ;
               Of
               this
               kind
               is
               the
               marriage
               now
               questioned
               which
               therfore
               doth
               not
               fall
               within
               the
               compasse
               of
               the
               prohibition
               ,
               
                 Secundum
                 ge●us
                 affinitatis
                 ,
                 &c.
              
               
               The
               second
               kind
               of
               affinity
               ,
               which
               is
               by
               a
               Person
               added
               unto
               the
               first
               kinde
               is
               no
               bar
               to
               Matrimony
               ;
               And
               with
               this
               judgment
               I
               find
               no
               reason
               why
               I
               should
               not
               concur
               ;
               but
               if
               any
               man
               think
               that
               he
               sees
               just
               ground
               to
               entertaine
               a
               contrary
               opinion
               ,
               I
               prejudge
               him
               not
               ,
               but
               modestly
               leave
               him
               to
               the
               freedom
               of
               his
               owne
               thoughts
               .
            
          
           
             
             
               CASE
               III.
               
            
             
               Whether
               an
               incestuous
               Marriage
               contracted
               in
               simplicity
               of
               heart
               betwixt
               two
               Persons
               ignorant
               of
               such
               a
               defilement
               ,
               and
               so
               farre
               consummate
               as
               that
               Children
               are
               borne
               in
               that
               wedlock
               ,
               ought
               to
               be
               made
               known
               and
               prosecuted
               to
               a
               dissolution
               .
            
             
               IT
               is
               a
               question
               (
               as
               it
               may
               be
               put
               )
               full
               of
               doubt
               and
               intricacy
               ,
               Parallel
               whereunto
               ,
               and
               eminent
               in
               this
               kind
               ,
               was
               that
               case
               ,
               which
               I
               had
               long
               since
               from
               the
               relation
               of
               M.
               Perkins
               ;
               and
               since
               that
               ,
               have
               met
               with
               it
               in
               the
               report
               of
               two
               severall
               German
               Authors
               .
            
             
               The
               case
               thus
               :
               A
               Gentlewoman
               of
               great
               note
               in
               those
               parts
               ,
               being
               left
               a
               Widow
               ,
               had
               her
               son
               trained
               up
               in
               her
               house
               ;
               who
               now
               having
               passed
               the
               age
               of
               his
               puberty
               ,
               grew
               up
               as
               in
               stature
               ,
               so
               in
               wanton
               desires
               ;
               earnestly
               
               soliciting
               her
               Chamber-maid
               to
               his
               lust
               ;
               she
               had
               the
               grace
               not
               only
               to
               repell
               his
               offers
               ,
               but
               being
               wearied
               with
               his
               wicked
               importunity
               ,
               to
               complain
               to
               her
               Mistresse
               ,
               of
               his
               impetuous
               motions
               :
               The
               Mother
               out
               of
               a
               purpose
               to
               repress
               this
               wild
               humor
               in
               her
               Son
               ,
               bids
               the
               maid
               ,
               in
               a
               seeming
               yieldance
               to
               make
               appointment
               the
               night
               following
               with
               him
               ,
               at
               which
               time
               shee
               would
               change
               beds
               with
               the
               maid
               ,
               &
               schoole
               the
               young
               man
               to
               purpose
               .
               This
               being
               accordingly
               done
               ,
               the
               Devil
               so
               farre
               prevailed
               with
               the
               Mother
               ,
               that
               instead
               of
               chastising
               ,
               she
               yeelded
               to
               the
               lust
               of
               her
               Son
               ,
               and
               by
               him
               conceived
               a
               Daughter
               :
               &
               now
               finding
               her self
               to
               grow
               big
               ,
               for
               the
               hiding
               of
               her
               shame
               ,
               she
               retired
               secretly
               to
               a
               remote
               part
               of
               the
               country
               ,
               where
               she
               unknowne
               left
               the
               burden
               of
               her
               wombe
               ,
               and
               took
               order
               for
               all
               care
               &
               secrecy
               of
               education
               :
               After
               som
               
               yeeres
               the
               Mother
               thinks
               fit
               to
               call
               home
               her
               concealed
               issue
               ,
               under
               the
               pretence
               of
               a
               kinswoman
               ,
               and
               gives
               her
               such
               breeding
               in
               her
               house
               ,
               as
               might
               become
               the
               Child
               of
               a
               friend
               ;
               The
               maid
               grew
               up
               to
               such
               comelinesse
               ,
               both
               of
               person
               and
               behaviour
               ,
               that
               the
               Sonne
               ,
               now
               grown
               a
               Man
               ,
               fell
               into
               passionate
               love
               with
               her
               ,
               &
               in
               short
               ,
               married
               her
               ;
               little
               thinking
               that
               hee
               was
               now
               matched
               with
               his
               owne
               Daughter
               ,
               he
               gotten
               by
               him
               of
               his
               own
               Mother
               :
               They
               lived
               lovingly
               and
               comfortably
               together
               ,
               and
               had
               divers
               children
               betwixt
               them
               .
               Only
               the
               Mother
               ,
               who
               was
               alone
               conscious
               of
               this
               monstrous
               copulation
               ,
               began
               to
               finde
               an
               hell
               in
               her
               bosom
               ;
               and
               in
               a
               deep
               remorse
               ,
               made
               the
               case
               ,
               at
               last
               known
               to
               some
               learned
               Divines
               of
               that
               time
               ,
               who
               be
               stowed
               many
               serious
               thoughts
               upon
               so
               uncouth
               a
               businesse
               ;
               and
               finally
               agreed
               upon
               this
               determination
               .
               That
               
               all
               circumstances
               throughly
               weighed
               ,
               the
               penitent
               Mother
               should
               after
               a
               sound
               humiliation
               secretly
               make
               her
               peace
               with
               God
               ,
               for
               so
               foul
               and
               prodigious
               a
               sin
               ;
               but
               that
               the
               knowledge
               of
               the
               horrible
               incestuousness
               of
               this
               match
               ,
               should
               still
               and
               ever
               ,
               be
               concealed
               from
               the
               yong
               couple
               ,
               who
               thought
               of
               nothing
               but
               a
               faire
               and
               honest
               legality
               in
               this
               their
               conjunction
               .
            
             
               The
               decision
               of
               this
               point
               comes
               somwhat
               home
               to
               yours
               ;
               to
               spend
               my
               opinion
               therefore
               in
               this
               case
               ,
               I
               find
               no
               reason
               ,
               all
               things
               considered
               ,
               to
               vary
               from
               their
               judgment
               .
            
             
               I
               say
               then
               ,
               that
               the
               Mothers
               sinne
               was
               not
               more
               hainous
               in
               yeilding
               to
               so
               abominable
               an
               act
               of
               incest
               with
               her
               Son
               ,
               then
               in
               smothering
               the
               seasonable
               notice
               of
               it
               for
               the
               preventing
               of
               a
               worse
               incest
               with
               her
               Daughter
               ;
               for
               that
               first
               act
               of
               her
               incest
               was
               transient
               ,
               but
               this
               incest
               which
               was
               
               occasioned
               by
               her
               silence
               was
               permanent
               ,
               and
               derivable
               to
               her
               posterity
               :
               She
               ought
               therfore
               ,
               though
               to
               her
               perpetuall
               shame
               ,
               when
               she
               saw
               an
               inclination
               in
               her
               Son
               ,
               to
               so
               foully
               unnaturall
               a
               match
               ,
               to
               have
               forestalled
               it
               by
               a
               free
               confession
               ,
               and
               to
               have
               made
               him
               sensible
               of
               so
               odious
               a
               procreation
               :
               Which
               not
               being
               done
               ,
               it
               must
               needs
               be
               said
               ,
               that
               ,
               as
               the
               first
               act
               of
               the
               Sonne
               was
               a
               voluntary
               fornication
               ,
               but
               an
               involuntary
               incest
               ;
               so
               this
               incestuous
               copulation
               of
               the
               Son
               with
               the
               Daughter
               ,
               was
               involuntary
               in
               them
               both
               ;
               and
               there
               cannot
               be
               an
               actuall
               sinne
               ,
               wherein
               there
               is
               not
               a
               consent
               of
               the
               will.
               
            
             
               On
               the
               one
               side
               ,
               it
               is
               shamefull
               to
               thinke
               that
               so
               grievous
               a
               sin
               should
               passe
               without
               som
               exemplary
               censure
               ,
               &
               that
               so
               foule
               blood
               should
               be
               propagated
               to
               succeeding
               ages
               ,
               for
               want
               of
               the
               timely
               intervention
               of
               
               a
               vindicative
               authority
               ;
               but
               on
               the
               other
               side
               ,
               it
               would
               be
               well
               considered
               what
               miserable
               inconveniences
               ,
               yea
               mischiefs
               would
               follow
               upon
               so
               late
               a
               discovery
               ;
               First
               ,
               all
               honest
               hearts
               are
               put
               into
               a
               just
               ;
               but
               unprofitable
               horror
               ,
               to
               think
               that
               such
               a
               flagitious
               wickedness
               could
               be
               committed
               ;
               Then
               the
               Mother
               ,
               who
               had
               rinced
               her
               soule
               with
               a
               fountain
               of
               teares
               ,
               for
               so
               hatefull
               a
               miscarriage
               ,
               and
               reconciled
               her self
               to
               that
               God
               ,
               who
               was
               the
               only
               witness
               of
               her
               sin
               ,
               should
               bee
               so
               late
               exposed
               to
               the
               unseasonable
               shame
               of
               that
               world
               ,
               which
               ,
               never
               was
               privy
               to
               her
               offence
               .
            
             
               As
               for
               the
               yong
               couple
               thus
               prodigiously
               conjoyn'd
               ,
               how
               could
               they
               choose
               ,
               upon
               the
               too
               late
               notice
               of
               their
               so
               deplorable
               condition
               ,
               but
               run
               mad
               for
               anguish
               of
               soule
               ,
               and
               weare
               out
               the
               rest
               of
               their
               dayes
               in
               shame
               and
               sorrow
               :
               And
               for
               the
               children
               born
               to
               them
               in
               so
               detestable
               
               a
               wedlock
               ,
               whom
               they
               had
               formerly
               beheld
               with
               complacence
               &
               comfort
               ,
               as
               the
               sweet
               pledges
               of
               their
               conjugall
               love
               ,
               how
               must
               they
               now
               needs
               look
               upon
               them
               ,
               as
               the
               living
               monuments
               of
               their
               ignominy
               ;
               and
               loath
               them
               as
               the
               most
               basely
               begotten
               imps
               of
               a
               worse
               then
               besti
               all
               copulation
               .
               And
               when
               riper
               age
               should
               bring
               that
               unhappy
               of
               spring
               forth
               into
               the
               world
               how
               should
               they
               be
               every
               where
               pointed
               at
               ,
               &
               hooted
               after
               as
               som
               strange
               aberrations
               of
               nature
               ;
               all
               which
               are
               avoyded
               by
               this
               secrecy
               .
            
             
               But
               if
               on
               the
               other
               side
               you
               shall
               reply
               that
               this
               one
               evill
               is
               more
               ,
               then
               equivalent
               to
               all
               these
               ;
               that
               in
               the
               meane
               time
               ,
               these
               parties
               live
               in
               a
               continuall
               Incest
               ,
               and
               traduce
               it
               to
               following
               generations
               ;
               I
               must
               put
               you
               in
               minde
               to
               distinguish
               betwixt
               the
               state
               of
               Incest
               ,
               and
               the
               Sin
               of
               Incest
               ;
               It
               is
               true
               they
               live
               in
               a
               state
               of
               
               Incest
               ,
               but
               ,
               from
               the
               sin
               of
               Incest
               they
               are
               excused
               by
               an
               ignorance
               ,
               altogether
               invincible
               ;
               an
               ignorance
               both
               of
               the
               originall
               fact
               ,
               &
               of
               their
               mutual
               relations
               ;
               for
               it
               is
               to
               be
               supposed
               ,
               that
               had
               they
               had
               the
               least
               intimation
               of
               the
               natural
               interest
               of
               father
               &
               daughter
               ,
               they
               would
               with
               much
               indignation
               have
               defied
               so
               foul
               a
               cōmixture
               ,
               which
               even
               bruite
               creatures
               (
               if
               wee
               may
               beleeve
               histories
               )
               have
               by
               the
               instinct
               of
               nature
               abominated
               ,
               &
               upon
               after
               knowledg
               ,
               revenged
               .
            
             
               And
               if
               any
               light
               of
               knowledge
               had
               broken
               forth
               unto
               the
               parties
               ,
               of
               that
               condition
               wherein
               they
               stood
               ,
               then
               to
               have
               continued
               under
               that
               state
               of
               Incest
               ,
               but
               an
               houre
               ,
               had
               been
               damnably
               sinful
               ;
               now
               all
               those
               inevitable
               consequences
               of
               shame
               &
               horror
               must
               have
               been
               sleighted
               &
               forgotten
               ,
               and
               must
               have
               shut
               up
               in
               a
               sodain
               dissolution
               .
            
             
             
               But
               as
               there
               are
               many
               degrees
               of
               Incest
               ,
               and
               the
               sin
               is
               so
               much
               more
               ,
               or
               lesse
               haynous
               ,
               as
               the
               parties
               are
               neerer
               or
               more
               remote
               ;
               I
               perceive
               the
               case
               intimated
               by
               you
               ,
               concerns
               a
               lower
               ranke
               of
               incestuous
               copulation
               ,
               namely
               ,
               an
               incest
               arising
               from
               a
               mans
               carnall
               knowledge
               of
               a
               person
               too
               neere
               in
               blood
               unto
               her
               ,
               whom
               he
               afterwards
               marrieth
               ;
               The
               fact
               known
               only
               by
               one
               ,
               who
               now
               doubts
               whether
               he
               be
               not
               bound
               to
               reveale
               it
               :
               And
               why
               not
               sooner
               ,
               when
               so
               faulty
               a
               match
               might
               have
               been
               prevented
               ?
               why
               so
               late
               ,
               when
               the
               remedy
               intended
               ,
               would
               bee
               as
               noxious
               as
               the
               disease
               ?
               Why
               at
               all
               ,
               when
               there
               is
               no
               necessity
               or
               use
               of
               the
               revelation
               ?
               This
               question
               starts
               another
               more
               universall
               ,
               how
               farre
               we
               may
               or
               ought
               to
               mak
               known
               the
               secret
               sin
               of
               another
               ?
               Doubtlesse
               to
               prevent
               som
               enormous
               act
               ,
               which
               may
               follow
               upon
               our
               silence
               ;
               or
               upon
               
               the
               urging
               of
               lawfull
               authority
               ,
               when
               we
               are
               called
               to
               give
               evidence
               concerning
               a
               fact
               questioned
               ;
               Or
               to
               antevert
               some
               great
               danger
               to
               the
               publique
               ,
               to
               our selves
               ,
               to
               our
               friend
               ,
               we
               may
               ,
               &
               must
               disclose
               our
               knowledg
               of
               a
               closs
               wickedness
               ;
               Or
               if
               the
               act
               be
               so
               haynously
               flagitious
               ,
               and
               redounding
               to
               so
               high
               dishonour
               of
               God
               ,
               as
               that
               our
               Conscience
               tells
               us
               shall
               participate
               of
               this
               sinne
               in
               concealing
               it
               ;
               our
               holy
               zeal
               shall
               herein
               bear
               us
               out
               in
               a
               just
               accusation
               ;
               although
               in
               this
               case
               ,
               heede
               must
               be
               taken
               ,
               that
               our
               single
               crimination
               may
               be
               so
               carried
               and
               made
               good
               by
               circumstances
               ,
               that
               it
               draw
               us
               not
               into
               the
               perill
               of
               a
               slander
               ;
               But
               ,
               without
               these
               ,
               I
               cannot
               see
               ,
               that
               the
               revealing
               of
               a
               secret
               sinne
               ,
               can
               be
               construed
               any
               otherwise
               than
               an
               act
               of
               Detraction
               ;
               than
               which
               ,
               nothing
               can
               be
               more
               odious
               and
               prejudiciall
               to
               humane
               society
               :
               Wee
               have
               learn'd
               
               from
               Aquinas
               that
               there
               are
               eight
               wayes
               of
               this
               hatefull
               practise
               ;
               whereof
               foure
               are
               direct
               ;
               the
               raysing
               of
               a
               false
               crime
               ,
               the
               amplifying
               of
               a
               true
               crime
               ;
               the
               disclosing
               of
               a
               crime
               secret
               ,
               and
               the
               sinister
               construction
               of
               anothers
               fact
               .
               To
               these
               I
               must
               adde
               ,
               that
               even
               where
               the
               act
               is
               such
               as
               challengeth
               a
               revelation
               ,
               the
               time
               may
               bee
               unseasonable
               and
               past
               the
               date
               .
               You
               know
               that
               the
               notice
               of
               treason
               ,
               if
               too
               long
               smothered
               ,
               drawes
               the
               concealer
               into
               danger
               :
               and
               in
               this
               case
               ,
               though
               there
               be
               no
               perill
               in
               the
               silence
               ,
               yet
               there
               may
               be
               injury
               :
               Shortly
               ,
               this
               sinne
               ,
               if
               ever
               ,
               should
               have
               been
               so
               early
               made
               known
               to
               the
               party
               concerned
               ,
               as
               might
               have
               prevented
               the
               making
               up
               of
               a
               match
               secretly
               sinfull
               ;
               and
               have
               convinced
               the
               agent
               of
               a
               foule
               illegality
               ,
               whereof
               he
               was
               ignorant
               .
               But
               now
               thus
               overlate
               ,
               would
               break
               out
               to
               an
               unprofitable
               vexation
               ,
               
               since
               this
               crime
               which
               might
               justly
               have
               hindred
               the
               marriage
               from
               being
               contracted
               ,
               ought
               not
               to
               have
               the
               force
               ,
               after
               so
               long
               intermission
               and
               successe
               of
               an
               intervenient
               wedlock
               ,
               to
               dissolve
               it
               .
               The
               time
               was
               ,
               when
               the
               Minister
               in
               a
               solemne
               preconization
               ,
               called
               you
               either
               
                 then
                 to
                 speake
              
               ,
               or
               
                 for
                 ever
                 after
                 to
                 hold
                 your
                 peace
                 :
              
               had
               you
               then
               spoken
               it
               might
               have
               been
               construed
               as
               zeale
               ,
               now
               ,
               not
               to
               hold
               your
               peace
               ,
               will
               bee
               interpreted
               no
               better
               then
               malice
               .
            
          
        
      
    
     
       
         
         
         
           AN
           ADVERTISEMENT
           TO
           THE
           READER
           .
        
         
           I
           Have
           beene
           earnestly
           moved
           by
           some
           judicious
           friends
           ,
           to
           goe
           on
           with
           this
           subject
           ,
           and
           to
           mak
           up
           a
           compleat
           body
           of
           case-Divinity
           ,
           both
           practicall
           ,
           speculative
           ,
           and
           mixt
           ;
           whereof
           I
           confesse
           there
           is
           great
           defect
           
           in
           our
           language
           ;
           But
           I
           remember
           the
           talke
           which
           Plutarch
           reports
           to
           have
           been
           betwixt
           Crassus
           ,
           and
           King
           Deiotarus
           ,
           two
           old
           men
           ,
           but
           great
           undertakers
           .
           Crassus
           jeeres
           Deiotarus
           for
           laying
           the
           foundation
           of
           a
           new
           City
           in
           his
           decayed
           age
           ;
           Deiotarus
           twits
           Crassus
           for
           going
           about
           ,
           in
           the
           like
           age
           to
           subdue
           the
           warlike
           Parthians
           ;
           both
           justly
           supposing
           our
           decrepit
           age
           a
           just
           disswasive
           from
           *
           
           venturing
           upon
           great
           enterprises
           ;
           Although
           herein
           I
           should
           not
           want
           a
           worthy
           precedent
           ,
           that
           honour
           of
           
             Navarre
             ,
             Martinus
             Azpilcueta
          
           ,
           who
           at
           ninty
           years
           finished
           the
           fourth
           Edition
           of
           that
           his
           elaborate
           Manuall
           of
           Cases
           of
           Conscience
           .
           But
           as
           for
           me
           ,
           I
           am
           sufficiently
           conscious
           of
           my
           owne
           inabilities
           for
           so
           long
           ,
           and
           difficult
           a
           worke
           ;
           Onely
           this
           ,
           I
           shall
           willingly
           profess
           ,
           that
           such
           scruples
           as
           I
           meete
           with
           in
           my
           way
           ,
           I
           shall
           not
           
           allow
           my selfe
           to
           balke
           ,
           and
           shall
           leave
           the
           answers
           upon
           the
           file
           .
           In
           the
           meane
           time
           ,
           let
           me
           incite
           some
           of
           our
           many
           eminent
           Divines
           ,
           whose
           wits
           are
           fresh
           ,
           and
           bodies
           vigorous
           ,
           to
           go
           through
           with
           so
           usefull
           a
           worke
           ;
           Many
           yeares
           are
           passed
           since
           my
           ancient
           and
           learned
           Colleague
           Dr.
           
             Ralph
             Cudworth
          
           told
           me
           that
           hee
           had
           with
           much
           labour
           finished
           that
           taske
           ,
           and
           devoted
           it
           to
           the
           presse
           ,
           which
           yet
           sleeps
           in
           some
           private
           hands
           .
           It
           were
           
           happy
           if
           his
           worthy
           Sonne
           ,
           the
           just
           heyre
           of
           his
           Fathers
           great
           abilities
           ,
           would
           make
           strict
           inquiry
           after
           it
           ,
           and
           procure
           it
           to
           the
           publique
           light
           ,
           for
           the
           common
           benefit
           of
           Gods
           Church
           both
           in
           the
           present
           ,
           and
           succeeding
           ages
           .
        
         
           The
           End.
           
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A45158-e320
           
             *
             Dan.
             10.
             13.
             20
             ,
             21.
             12.
             1.
             
          
        
         
           Notes for div A45158-e1610
           
             *
             Exod.
             22.
             25.
             
             Levit.
             25.
             36
             ,
             37.
             
             Deut.
             23.
             19
             ,
             20.
             
             Nehem.
             5.
             7.
             
             Psal.
             15.
             5.
             
             Prov.
             28.
             8.
             
             Ezek.
             18.
             8.
             
          
           
             a
             Vid.
             Alexand.
             ab
             Alexand.
             Gen.
             dierum
             l.
             1.
             c.
             7.
             
          
           
             *
             Concil
             .
             Viennens
             .
          
           
             *
             Dom.
             Sot.
             de
             Justif.
             &
             Jure
             l.
             6.
             quaest
             .
             2.
             
             Artic.
             3.
             tradit
             hoc
             ut
             Axioma
             Jurisconsultorum
             .
          
           
             *
             Tul.
             de
             Offic.
             l.
             3.
             
          
           
             *
             So
             the
             Vulgar
             renders
             
               Zapnath
               paaneah
            
             Salvator
             mundi
             ,
             Gen.
             41
             45.
             
          
           
             *
             Lessius
             l.
             2.
             c.
             17.
             dub
             .
             5.
             
          
           
             *
             Cicer.
             de
             Offic.
             l.
             3.
             
             Sect
             58.
             
          
           
             *
             Aug.
             epist.
             54
             ▪
             ad
             Macedon
             .
          
           
             *
             Arist.
             Eth.
             l.
             2.
             c.
             2.
             
          
           
             *
             Lessius
             de
             Jure
             ,
             &c.
             l.
             2.
             
             C.
             42.
             dub
             .
             6.
             
          
           
             *
             Attilius
             Regulus
             .
          
           
             *
             Dom.
             Sot.
             de
             Jure
             &
             Justit
             .
             l.
             5.
             q.
             3.
             pag.
             436.
             
          
           
             *
             Les.
             de
             jur
             .
             &c.
             l.
             2.
             c.
             9.
             dubit
             .
             8.
             
             Ex
             Antonio
             &
             Sylvestr
             .
             &c.
             
          
           
             *
             Ibid.
             paragr
             .
             ult
             .
          
           
             *
             Less
             .
             ibid.
             
          
           
             *
             Dalton
             .
             p.
             244.
             
          
           
             *
             Orat.
             pro.
             Mil.
             
          
           
             †
             Bann
             q.
             64.
             a.
             7.
             dub
             .
             9.
             
             Nav.
             l.
             2.
             c.
             3.
             
             Less
             .
             l.
             2.
             de
             Jure
             ,
             &c.
             c.
             9.
             dub
             .
             8.
             
          
           
             *
             Rodrig
             .
             Sum.
             cas
             .
             Tom.
             1.
             cap.
             73.
             
          
           
             *
             Conc.
             Tr.
             Sess.
             25.
             
             Rodriguez
             .
             Tom.
             1.
             c.
             73.
             de
             duello
             ,
          
           
             *
             Tertul.
             in
             Apol.
             c.
             9.
             
          
           
             †
             Less
             .
             l.
             2.
             c.
             9.
             du
             .
             10.
             
          
           
             *
             
               Ne
               se
               pollueret
               ,
               mavit
               ipse
               mori
               .
            
             Ex
             Politiano
             Gerard.
             Voss.
             de
             orig
             .
             &
             progres
             .
             Idol
             .
             l.
             3.
             c.
             18.
             
          
           
             *
             Exod.
             21.
             22.
             
             The
             Septuagint
             seem
             to
             have
             taken
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             (
             death
             )
             for
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             a
             diminutive
             of
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             a
             man
             :
             as
             
               Cornel
               ,
               à
               Lapid
            
             .
             probably
             guesses
             
          
           
             †
             Castal
             .
             
               Si
               pernicies
               non
               fuerit
            
             :
             Ours
             ,
             if
             no
             mischief
             follow
             .
          
           
             *
             Cornel.
             à
             Lap.
             in
             Exod.
             21.
             
          
           
             *
             Vel.
             ut
             alii
             ,
             
               Quorum
               animae
               certissimè
               in
               limbum
               descendunt
               siue
               Baptismo
               .
            
             Mart.
             Alphons
             .
             Viv.
             Explan
             .
             Bullae
             de
             abort
             .
          
           
             *
             Rodr.
             Sum.
             To.
             1.
             c.
             5.
             de
             Abort
             .
          
           
             *
             Vid
             Rodrig
             .
             ubi
             supra
             .
          
           
             *
             
               Constit.
               Greg.
               14.
            
             
             Quae
             dicit
             quod
             quivis
             Confessor
             approbatus
             ab
             Ordinario
             potest
             absolvere
             à
             peccato
             abortus
             .
             Ibid.
             
          
           
             *
             Mart.
             Alphons
             .
             Vivald
             .
             expli
             .
             Bull
             Crue
             .
          
           
             *
             Qui
             retinetur
             in
             carcere
             propter
             aliquod
             delictum
             ,
             &c.
             
               Rodrg
               .
               Sum.
               cap.
               40.
            
             
          
           
             *
             Val
             Max.
             l.
             5.
             
             Dom.
             Sot.
             de
             Jure
             ,
             &c.
             l.
             5
             q.
             5
             
          
           
             *
             Silvestr
             .
             V.
             Correct
             .
             Dom.
             Sot.
             l.
             5.
             de
             Jure
             ,
             q.
             4
             Less
             .
             de
             Judice
             l.
             2.
             c.
             29.
             
          
           
             *
             Dom.
             à
             Sot.
             de
             Jure
             ,
             &c.
             l.
             5.
             qu.
             4.
             
          
           
             *
             Etenim
             quod
             homo
             ,
             qui
             ●fficio
             suo
             vivit
             ,
             debeat
             tantam
             ●acturam
             facere
             ,
             durum
             creditu
             est
             .
             
               Dom.
               Sot.
               ubi
               s●p●a
            
             .
          
           
             †
             In
             causis
             civilibu
             ,
             et
             minùs
             criminalibus
             
          
           
             *
             Less
             .
             de
             Jure
             ,
             &c.
             l
             2.
             de
             Judice
             Dub.
             10.
             
             
               Quia
               resp
               .
               habeat
               authoritatem
               disponendi
               ,
               &c.
               
            
          
           
             *
             Prov.
             11.
             13.
             20.
             19.
             26.
             20.
             26.
             2.
             
          
           
             *
             Rodriguez
             .
             Tract
             .
             Ordinis
             Judicialis
             cap.
             10.
             
          
           
             †
             Sotus
             l.
             5.
             q
             6.
             de
             Justi
             .
             11.
             
             Rei
             ,
             Art.
             1.
             
          
           
             *
             Less
             .
             de
             jur
             .
             l.
             2.
             cap.
             13.
             dub
             .
             3●
             .
          
           
             *
             Mart.
             Azpil
             .
             Navar.
             enchirid
             .
             cap.
             25.
             num
             .
             38.
             
          
           
             *
             Less
             .
             de
             Jure
             l.
             2.
             c.
             9.
             dub
             .
             6.
             
          
           
             *
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             LVerul
             .
             Adv.
             of
             Learn
             .
          
           
             *
             Navarr
             .
             Enchir.
             cap.
             11.
             n.
             28.
             
          
           
             †
             Less
             .
             l.
             2.
             de
             magia
             cap.
             44.
             dub
             .
             6
             ,
          
           
             *
             Thesaurus
             Exoreismorum
             ;
             atque
             Conjurationum
             terribilium
             ,
             &c.
             Tract
             .
             Dispersi●
             daemonum
             .
             Fratris
             Valerii
             Poly●●ori
             Patavini
             .
             Ord.
             Minorum
             Conventualium
             
          
           
             †
             
               T
               it
               applicabile
               .
               3.
            
             
             Rutae
             in
             charta
             benedicta
             super
             se
             portandae
             o●
             faciendae
             ,
             ad
             omnem
             invasionem
             diabolicam
             repellendam
             .
          
           
             *
             
               Applicabile
               .
               15.
               
               Tit.
            
             Profumigatio
             horriblis
             ,
             ejusque
             vulgata
             benedictio
             .
          
           
             *
             Less
             .
             ubi
             supra
             Dubit
             .
             5.
             
          
           
             *
             Bromiard
             .
             sum
             .
             praedict
             .
          
           
             *
             Relat.
             of
             the
             third
             confer
             .
             p.
             6.
             
          
           
             *
             Epiphan
             .
             haeres
             .
             l.
             1.
             
          
           
             *
             Tract
             .
             de
             Vit.
             spec
             .
             lect
             .
             4.
             
             Cit.
             Dom.
             à
             Soto
             ut
             infra
             .
          
           
             †
             
               Gersonis
               positio
               parum
               distat
               ab
               haeresi
               Lutheran●
               .
            
             Dominic
             .
             à
             Soto
             De
             Jure
             ,
             &c.
             l.
             1.
             qu.
             6.
             
          
           
             *
             Ten
             hand
             breadths
             long
             ,
             five
             broad
             ,
             seven
             fingers
             high
             .
          
           
             *
             H.
             Ainsworth
             in
             Lev.
             24
             ▪
             9.
             ex
             Maimonide
             
          
           
             *
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             &c.
             Clem.
             Al.
             Stro
             1.
             
          
           
             *
             Plin.
             l.
             12.
             
             B●ngus
             de
             num
             .
             Myster
             .
             num
             .
             10●
             
          
           
             *
             
               Greg.
               cap.
               Pervenerabilem
               .
               &
               cap
               Si
               non
               .
               23.
               q
               4.
               
            
             Justum
             sanctumque
             esse
             bellum
             quod
             infidelibus
             à
             Christianis
             infertur
             ,
             ut
             eis
             imperio
             subditis
             praedicari
             possit
             Christi
             Evangelium
             ,
             ne
             si
             imperio
             subditi
             non
             siat
             ,
             praedicationi
             &
             conversioni
             eorum
             qui
             crediderint
             impedimento
             esse
             possint
             .
          
           
             *
             Decret
             &
             indultum
             
               Alex.
               6.
            
             super
             expeditione
             ,
             &c
             Populos
             in
             ejusmodi
             insulis
             &
             terris
             d●gentes
             ad
             Christianam
             Religionem
             indulc
             ere
             velitis
             &
             d●b●atis
             ,
             &c
             
          
           
             †
             Franc.
             a
             Victoria
             Relect.
             de
             Indis
             ▪
             
          
           
             *
             Eccles.
             18.
             1.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
          
           
             *
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             communiter
             .
             Montan.
             
          
           
             †
             Estii
             Annotat.
             in
             locum
             .
          
           
             *
             Prov.
             8
             22
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             †
             Vulg.
             Tra.
             Esa.
             45.
             11.
             
          
           
             *
             
               Ecclus.
               25.
               9.
            
             
             Blessed
             is
             he
             that
             preaches
             a
             word
             unheard
             of
             .
          
           
             *
             Erat
             autem
             ipse
             nox
             .
          
           
             †
             Psal.
             91.
             6.
             
             Bern.
             Ser.
             33
             
          
           
             *
             The
             word
             in
             the
             originall
             is
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             which
             every
             man
             knowes
             to
             bee
             used
             ordinarily
             to
             signifie
             either
             Principes
             ,
             or
             Sacerdotes
             ,
             as
             Exo.
             2.
             16.
             
          
           
             *
             Where
             doubtlesse
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             was
             mistaken
             for
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ▪
             which
             title
             is
             sometimes
             given
             to
             the
             Angels
             .
             1
             King.
             11.
             5.
             
          
           
             *
             
               Quinque
               milla
            
             ,
             for
             
               mille
               &
               quinque
            
             ,
             five
             thousand
             ,
             for
             a
             thousand
             and
             five
             .
          
           
             †
             cecinit
             for
             cicidit
             ,
          
           
             *
             The
             word
             is
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             numer●s
             .
          
           
             †
             Rev.
             15.
             6.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             su●●
             .
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Rev.
             15.
             6.
             
          
           
             *
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             pro
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
          
           
             Neh.
             6.
             2.
             
             
               Percutiamus
               soedus
               in
               vitulis
               ,
               in
               campo
               uno
               :
            
             for
             ,
             
               in
               viculis
               ,
               in
               campo
               ,
               Ono
               Anni
               nostri
               sicut
               aranca
               meditabuntur
               ,
            
             Psal
             90.
             9
             for
             ,
             as
             a
             tale
             that
             is
             told
             :
             
               Concupiscentia
               spadona
               devirginabit
               juvenculā
            
             ,
             Ecclus
             .
             20.
             4
             super
             for
             subter
             .
             Gen.
             35
             8.
             
             Vulnera
             for
             ulcera
             ,
             Exod
             9.
             9.
             
             Distinctum
             for
             
               bis
               tinctum
            
             ,
             Exod
             49.
             28.
             
             Sanctuarii
             for
             
               Sancto
               atrii
            
             ,
             Levit.
             6
             16.
             
             Tonsis
             for
             Tusis
             ,
             Levit.
             22.
             24.
             
             Neque
             for
             atque
             ,
             Levit.
             25
             11.
             
             Solis
             ,
             for
             salis
             ,
             Deut.
             29.
             23
             
             
               Non
               fuerit
            
             for
             fuerit
             .
             Josh.
             2.
             18.
             
             O●cidentale●
             for
             Orientalem
             ,
             Jos.
             12
             3.
             
             Hamata
             for
             Squamata
             ,
             1
             Sam.
             17.
             5.
             
             
               Vagi
               habitabunt
            
             for
             
               pagi
               habitabuntur
            
             ,
             1
             Sam.
             27.
             8.
             
             Judam
             for
             Ludā
             2
             Sam
             6.
             20.
             
             Tumulum
             for
             tumultum
             ,
             2
             Sam.
             18.
             29.
             
             
               Capides
               seculi
            
             for
             Sacculi
             ,
             Prov.
             16.
             11.
             
             
               Ad
               alia
            
             for
             
               ad
               alta
            
             ,
             Prov.
             26.
             2.
             
             Sponsa
             for
             speciosa
             ,
             Cant.
             2.
             13.
             
             Adultera
             for
             adulta
             ,
             Ecclus.
             42.
             9.
             
             
               In
               fidelem
            
             for
             fidelem
             ,
             Esa.
             17.
             10.
             
             Immitantes
             for
             
               irritantes
               :
               Terra
            
             for
             ●er
             .
             Ecclus.
             48.
             2
             ,
             3.
             
             Obsurduit
             for
             obsorduit
             ,
             Esa.
             33.
             19
             
             Imprudentem
             for
             impudentē
             ,
             Esa.
             33.
             19
             
             
               Faunis
               fica
               ri●s
            
             for
             
               fatuis
               sicarii●
            
             ,
             Esa.
             50
             39
             Vinctas
             for
             tinctas
             Ezec.
             23.
             13.
             
             
               Ejiciat
               ▪
            
             for
             mittat
             .
             Mat.
             9.
             38.
             
             Angelus
             for
             Angulus
             Zach.
             10.
             4.
             
             Servivit
             for
             servavit
             ,
             Ose.
             12.
             12.
             
             Confessus
             for
             confusus
             ,
             Mar.
             8.
             38.
             
             Sexta
             for
             tertia
             ,
             Mar.
             15.
             25.
             
             Mytelem
             for
             Melita
             ,
             Act
             28.
             1.
             
             Compellebantur
             for
             Complebantur
             .
             Luk.
             8.
             23.
             
             
               Placue
               runt
            
             for
             Lat●●erunt
             Heb
             13.
             2.
             
             Adduxistis
             for
             addixistis
             .
             Ja●
             .
             5
             6.
             
             
               In
               carne
            
             for
             
               in
               carcere
            
             ,
             1
             Pet.
             3.
             19.
             
             Appropinquabit
             for
             appropinquavit
             ,
             1
             Pet.
             4.
             7.
             
             Tubarum
             for
             turbarum
             ,
             Rev.
             19.
             1.
             
             
               De
               igne
               Chaldaeorum
            
             for
             
               de
               〈◊〉
               Chaldaeoru●
            
             .
             Nehem.
             9.
             7.
             
          
           
             *
             Thom.
             è
             Sanchez
             ▪
             Societ
             .
             Jes.
             Theol.
             
               De
               matrimonio
            
          
           
             *
             Jaco
             ▪
             Leon●ssa
             .
             Consil.
             Matrimon
             .
             49.
             
          
           
             †
             Exod.
             21.
             7.
             
             Deut.
             15.
             12
             ,
             13.
             
          
           
             *
             
               L.
               2.
               c.
            
             De
             patribus
             qui
             ,
             &c.
             
          
           
             †
             Covarruv
             .
             l.
             3.
             var.
             c.
             14.
             ex
             Accursio
             &
             aliis
             .
             Les.
             l.
             2.
             c.
             5.
             
             Dub
             4.
             
          
           
             †
             Num.
             30.
             3
             ,
             4
             ,
             5
             ,
             6.
             
          
           
             *
             Less
             .
             de
             Jure
             l.
             2.
             c.
             40
             dub
             .
             14.
             
          
           
             *
             
               Navar.
               Enchir.
               4.
               prae
               .
               c.
               14.
               n.
               14.
               
            
             Filius
             qui
             parentibus
             in
             extrema
             necessitate
             constitutis
             ,
             &c.
             
          
           
             *
             
               Matrimonia
               esse
               irritae
               ,
               &c.
            
             Instit.
             de
             nuptiis
             ,
             &
             ff
             ▪
             de
             jure
             nuptiarum
             .
             Ita
             &
             Evarist
             .
             in
             constit
             .
             edita
             Anno
             C.
             
          
           
             *
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
          
           
             *
             Deut.
             24.
             1.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             *
             Maimon
             .
             Treat
             .
             of
             Divorce
             .
          
           
             *
             So
             also
             1
             Cor.
             7.
             39.
             
          
           
             *
             Decreeing
             to
             take
             bonds
             of
             the
             persons
             divorce
             to
             remain
             single
             .
             Can
             &
             Constit.
             c.
             107.
             
          
           
             *
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             Eph
             ▪
             6.
             4.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             Colos
             .
             3.
             2.
             
          
           
             *
             Cor
             à
             Lap
             in
             locum
             .
          
           
             *
             Will.
             Syno
             .
             Controver
             .
             15.
             de
             Mart.
             q.
             3.
             
          
           
             *
             Greg.
             resp
             .
             ad
             Interrog
             .
             Augustini
             .
             q.
             6.
             
          
           
             *
             Cic.
             orat
             .
             pro
             Cluentio
          
           
             †
             Hotoman
             de
             grad
             cognat
             ▪
             
               Laurent
               .
               Kirchovius
            
             Profes
             .
             Rostoch
             .
             in
             consil
             .
             Matrimon
             .
          
           
             *
             Ambr.
             ep
             .
             ad
             Paternium
             66.
             
          
           
             *
             Hodie
             cessat
             fraternitas
             &
             aliqua
             ex
             parte
             compaternitas
             per
             concilium
             Trident.
             
               Sess.
               24.
               
               Navar.
               c.
               22.
               n.
               27.
               
            
          
           
             *
             Hotoman
             de
             vita
             Matrimon
             .
             p.
             6.
             cita●●e
             Kirchovio
             ,
             ut
             supra
             .
          
           
             *
             Exod.
             22.
             16.
             
             ●evit
             .
             19
             20.
             
             Deut.
             20.
             7.
             
             Deut.
             22.
             25
             23.
             28.
             
             Jer.
             2
             2
             
          
           
             *
             Compare
             Mat.
             1.
             18.
             with
             D●u
             22
             13
             
          
           
             †
             Magdeburg
             .
             
               Cent.
               2.
               de
               Conjugio
            
             2
             Cor.
             11
             2
             
          
           
             *
             Concil
             .
             Anciran
             .
             can
             .
             24.
             
          
           
             †
             Concil
             .
             Eliv
             .
             c.
             45.
             
          
           
             *
             Luicbrand
             in
             Syric
             .
          
           
             *
             Aetas
             legitimè
             contrhbendi
             matrimonium
             ,
             est
             in
             masculis
             14
             annos
             ,
             in
             faeminis
             12
             Sponsalbus
             autem
             contrahendis
             ,
             septem
             in
             utriusque
             .
             
               Navar.
               c.
               22.
               n.
               28
            
          
           
             *
             
               Maimon
               .
               Shicard
            
             .
             de
             Reg.
             
          
           
             *
             Concil
             Trid.
             Sess.
             24.
             
          
           
             *
             Alex.
             ab
             .
             Alex.
             l.
             3.
             
             Gen.
             dier
             .
             c.
             7.
             
             Cod.
             l.
             2.
             tit
             .
             12
             
          
           
             *
             As
             appeares
             by
             comparing
             of
             
               Gen.
               23.
               2.
            
             with
             25.
             1.
             
          
           
             †
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Gen.
             23.
             2.
             
          
           
             *
             Concil
             .
             Trident.
             Sess
             24
             Decret
             .
             de
             Reformat
             matrimon
             .
          
           
             *
             Constit.
             62
             ,
             63
             ,
             101
             ,
             102
             ,
             103
             ,
             104
             
          
           
             *
             Concil
             Trid.
             〈…〉
             
          
           
             *
             Constit.
             and
             Canons
             
               ut
               supra
            
             .
             Can.
             101
             ,
             102
             ,
             103.
             
          
           
             *
             
               Martin
               .
               Alphons
               .
               Vivald
            
             .
             Candelab-aureum
             de
             Matrim
             .
             &
             par●ic
             .
             de
             Consanguin
             .
          
           
             *
             Scot.
             m
             4.
             d.
             40.
             
             Sot.
             ibid.
             q.
             un
             .
             art
             .
             4.
             
          
           
             *
             In
             Argumentum
             trati
             nequeunt
             ,
             quae
             propter
             necessitatem
             sunt
             concessa
             
          
           
             *
             Consil
             ,
             Matrimonial
             .
             Germanor
             .
             Consil.
             5.
             
          
        
         
           Notes for div A45158-e18330
           
             *
             Plut
             in
             v●●a
             Crassi