Resolvtions and decisions of divers practicall cases of conscience in continuall use amongst men very necessary for their information and direction in these evil times, in four decades / by Jos. Hall ...
         Hall, Joseph, 1574-1656.
      
       
         
           1650
        
      
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             Resolvtions and decisions of divers practicall cases of conscience in continuall use amongst men very necessary for their information and direction in these evil times, in four decades / by Jos. Hall ...
             Hall, Joseph, 1574-1656.
          
           
             The second edition, with some additionalls.
          
           [22], 423, [6] p.
           
             Printed for N.B. :
             And are to be sold by R. Royston ...,
             London :
             1650.
          
           
             Reproduction of original in Union Theological Seminary Library, New York.
             Table of contents: p. [9]-[19]
             "An advertisement to the reader": p. [2]-[6] at end.
             Attributed to Joseph Hall. cf. BM.
          
        
      
    
     
       
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         eng
      
       
         
           Christian life.
        
      
    
     
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               VERA
               EFFIGIES
               REVERENDI
               DO
               NI
               IOSEPHI
               HALL
               NORWICI
               EPISCOPI
            
          
        
         
           
             This
             Picture
             represents
             the
             Forme
             ,
             where
             dwells
          
           
             A
             Mind
             ,
             which
             nothing
             but
             that
             Mind
             excells
          
           
             There
             's
             
               Wisdome
               ,
               Learning
               ,
               Witt
            
             ;
             there
             Grace
             &
             Love
          
           
             〈…〉
             all
             the
             rest
             :
             enough
             to
             prove
          
           
             〈◊〉
             the
             froward
             Conscience
             of
             this
             Time
          
           
             The
             Reverend
             Name
             of
             BISHOP
             is
             no
             Crime
          
        
      
       
         
         
           RESOLVTIONS
           AND
           DECISIONS
           〈…〉
           of
           CONSCIENCE
           In
           continuall
           Use
           amongst
           Men
           ,
           
             Very
             necessary
             for
             their
             Information
             and
             Direction
             in
             these
             evill
             Times
             .
             In
             foure
             Decades
             .
          
           The
           Second
           Edition
           ,
           with
           some
           ADDITIONALLS
           .
        
         
           By
           Jos
           :
           HALL
           ,
           B.
           Norwich
           .
        
         
           LONDON
           ,
           Printed
           for
           
             N.
             B.
          
           and
           are
           to
           be
           sold
           by
           
             R.
             Royston
          
           at
           the
           Angel
           in
           Ivie-lane
           .
           1650.
           
        
      
       
         
         
         
           
             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
           therof
           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
           those
           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
           ;
           
           &
           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.
               
            
          
           
             
               I.
               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
               monies
               ,
               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
               ,
               proofs
               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
               evil
               Spirits
               ,
               we
               may
               hold
               discourse
               with
               them
               ,
               and
               how
               we
               may
               demeane
               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
               lawful
               service
               of
               God
               I
               may
               communicate
               with
               wicked
               persons
               ?
               183
            
             
               IV.
               Whether
               vowes
               be
               not
               out
               of
               fashion
               now
               under
               the
               Gospel
               ;
               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
               .
               201
            
             
               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
               find
               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
               himself
               in
               marrage
               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
               Espousalls
               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
               unlawfull
               ,
               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
               wedlocke
               ,
               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
           plentuously
           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
             borrows
             ?
             A
             poore
             neighbour
             that
             is
             constrained
             out
             of
             need
             ?
             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
             beene
             an
             honest
             indevour
             of
             a
             just
             benefit
             disappointed
             either
             by
             unavoidable
             casualty
             ,
             or
             force
             ,
             may
             not
             be
             rigorously
             urged
             ,
             without
             manifest
             oppression
             .
             The
             latter
             can
             be
             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
             an
             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
             fals
             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
             cousidered
             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
             mere
             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
             be
             ignorant
             :
             And
             as
             for
             humane
             lawes
             raised
             even
             from
             the
             mere
             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
             we
             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
             be
             freely
             let
             out
             for
             
             three
             yeeres
             to
             the
             Citizens
             ,
             upon
             onely
             security
             of
             the
             summe
             doubled
             in
             the
             forfaiture
             ,
             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
             convenant
             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
             forfaiture
             by
             the
             delayed
             payment
             of
             the
             summe
             lent
             ,
             I
             may
             justly
             look
             for
             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
             fairly
             by
             the
             disbursing
             of
             such
             a
             summe
             bonafide
             ,
             and
             another
             
             that
             hath
             a
             more
             gainfull
             bargaine
             in
             chace
             shall
             sue
             to
             me
             to
             borrow
             my
             money
             out
             of
             my
             hand
             for
             his
             own
             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
             ;
             Look
             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
             Trafique
             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
             usurarie
             ;
             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
             find
             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
             set
             their
             grounds
             ,
             how
             they
             circumvent
             the
             buyer
             in
             their
             bargaines
             ,
             and
             think
             any
             price
             just
             ,
             any
             gain
             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
             ,
             learn
             to
             make
             no
             lesse
             conscience
             of
             a
             racking
             bargain
             ;
             otherwise
             their
             partiall
             obedience
             will
             argue
             a
             grosse
             hypocrisie
             ;
             and
             they
             shal
             prove
             themselves
             the
             worst
             kind
             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
             crueltie
             .
             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
             find
             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
             meet
             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
             he
             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
             we
             must
             be
             so
             affected
             as
             that
             we
             grudge
             to
             our selves
             our
             owne
             gaine
             ,
             that
             we
             be
             not
             in
             the
             first
             file
             of
             enhancers
             ,
             that
             we
             strive
             to
             be
             the
             lowest
             in
             our
             valuation
             ,
             and
             labour
             what
             we
             may
             to
             bring
             downe
             the
             market
             ;
             alwayes
             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
             losse
             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
             Jewell
             ,
             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
             ;
             that
             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
             wisedome
             whereof
             knowes
             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
             carried
             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
             gravell
             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
             fleight
             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
             harmles
             faults
             may
             be
             concealed
             without
             injustice
             ;
             maine
             and
             importing
             must
             be
             signified
             :
             if
             apparent
             defects
             be
             not
             discerned
             by
             the
             buyer
             ,
             he
             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
             ,
             he
             enter
             resolutely
             ,
             
               (
               de
               bene
               essc
            
             )
             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
             notwithstanding
             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
             concience
             of
             the
             imperfection
             ,
             sets
             (
             as
             he
             ought
             )
             so
             much
             lower
             as
             the
             defect
             may
             be
             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
             be
             subject
             to
             a
             perilous
             starting
             ,
             or
             stumbling
             ;
             the
             house
             sold
             have
             a
             secret
             crack
             that
             may
             threaten
             ruine
             ;
             or
             the
             land
             sold
             be
             liable
             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
             he
             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
             he
             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
             satisfy
             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
             seems
             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
             favorable
             ,
             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
             trafique
             ,
             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
             then
             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
             bargain
             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
             hands
             the
             grosse
             summe
             is
             scattered
             ,
             turne
             bankrupts
             ,
             and
             forfait
             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
             ingagement
             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
             mere
             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
             find
             just
             
             cause
             ;
             and
             secondly
             ,
             that
             there
             may
             be
             very
             just
             motives
             of
             granting
             them
             to
             some
             capable
             and
             worthy
             persons
             ;
             I
             should
             be
             a
             shamed
             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
             of
             a
             secured
             profit
             to
             himselfe
             .
             As
             put
             case
             some
             wel-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
             ,
             atained
             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
             farre
             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
             see
             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
             engrosser
             ,
             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
             will
             doe
             with
             rigour
             enough
             :
             The
             true
             judgment
             of
             which
             action
             ,
             &
             the
             degrees
             of
             the
             malignity
             of
             it
             ,
             must
             be
             fetcht
             ,
             as
             from
             the
             mind
             ,
             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
             kinds
             ;
             and
             that
             which
             hath
             of
             old
             beene
             branded
             with
             a
             curse
             ;
             neither
             lesse
             full
             of
             injustice
             then
             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
             
             indevor
             to
             raise
             himselfe
             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
             cruel
             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
               corne
               ,
               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
               a
               fraudulent
               bargaine
               bind
               me
               to
               performance
               ?
            
          
           
             HOw
             far
             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
             recinding
             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
             ,
             none
             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
             overprizing
             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
             seems
             ,
             that
             city
             abounded
             ;
             that
             he
             might
             there
             recreate
             himselfe
             when
             he
             pleased
             ,
             with
             his
             friends
             .
          
           
             Pythius
             a
             crafty
             merchant
             hearing
             of
             it
             ,
             sends
             word
             to
             Canius
             ,
             that
             he
             had
             a
             fair
             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
             sup
             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
             stream
             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
             boats
             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
             meerly
             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 self
             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
             known
             it
             done
             in
             the
             Westerne
             parts
             ,
             findes
             a
             parcell
             of
             Ambergris
             cast
             upon
             the
             sands
             ;
             he
             perceiving
             it
             to
             be
             some
             unctuous
             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
             trafique
             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
               hands
               ?
            
          
           
             REstitution
             is
             a
             duty
             no
             lesse
             necessary
             ,
             then
             rarely
             practised
             amongst
             Christians
             .
             The
             Arch-publican
             Zacheus
             knew
             that
             with
             this
             he
             must
             begin
             his
             conversion
             ;
             and
             that
             known
             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
             their
             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
             satifie
             ;
             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
             indevour
             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
             shoos
             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
             himself
             ;
             Yet
             ,
             howsoever
             ,
             
             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
             find
             an
             owner
             .
             It
             is
             a
             rare
             case
             that
             a
             man
             dies
             ,
             and
             leaves
             no
             body
             in
             whom
             his
             right
             survives
             :
             But
             if
             there
             be
             neither
             heire
             ,
             nor
             executor
             ,
             nor
             administrator
             ,
             nor
             assigne
             ;
             the
             poor
             (
             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
             poor
             my self
             ,
             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
             then
             a
             strangers
             ;
             and
             howsoever
             it
             be
             most
             true
             that
             every
             
             man
             is
             nearest
             to
             himselfe
             ,
             and
             hath
             reason
             to
             wish
             to
             be
             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
             own
             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
             soul
             ,
             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
             clear
             ,
             let
             not
             anothers
             mans
             goods
             or
             money
             stick
             to
             your
             fingers
             ;
             and
             think
             not
             that
             your
             head
             can
             long
             lye
             easily
             upon
             anothers
             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
             :
             
               VVith-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
             
             withal
             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
             binds
             you
             onely
             to
             repentance
             that
             ever
             you
             made
             it
             ;
             In
             this
             case
             your
             performancee
             would
             double
             and
             heighten
             your
             sin
             :
             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
             
               John
               Baptist's
            
             head
             ;
             He
             was
             sory
             for
             such
             a
             choice
             ,
             yet
             for
             his
             oaths
             sake
             he
             thinkes
             he
             must
             make
             it
             good
             :
             Surely
             ,
             Herod
             was
             ill-principled
             ,
             that
             he
             could
             think
             a
             rash
             oath
             must
             bind
             him
             to
             murder
             an
             innocent
             ;
             He
             might
             have
             truly
             said
             ,
             this
             was
             more
             then
             he
             could
             doe
             ;
             for
             that
             we
             can
             doe
             ,
             which
             we
             can
             lawfully
             doe
             .
          
           
           
             But
             if
             it
             be
             a
             lawfull
             thing
             that
             you
             have
             thus
             promised
             ,
             and
             sworne
             ;
             though
             the
             promise
             were
             unlawfully
             drawn
             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
             revocable
             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
             ,
             mere
             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
             ingagement
             ,
             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
             performe
             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
             then
             lay
             hid
             in
             the
             old
             shooes
             ,
             thred-bare
             garments
             ,
             rent
             bottles
             ,
             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
             then
             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
             theefe
             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
             beholden
             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
             ,
             notwithstanding
             the
             inconveniences
             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
             yeeld
             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
             himselfe
             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.
             
          
           
             
               VVhether
               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
             unknown
             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
             door
             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
             Waives
             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
             care
             :
             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
             coser
             ;
             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
             acknowledgment
             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-wracked
             goods
             both
             of
             strangers
             ,
             and
             our
             own
             compatriots
             ;
             whiles
             in
             stead
             of
             compassioning
             and
             relieving
             the
             losse
             ,
             and
             miseries
             of
             our
             distressed
             brethren
             ,
             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
             term
             
               Gods
               Grace
            
             ,
             when
             as
             indeed
             it
             is
             no
             other
             then
             the
             Devils
             booty
             .
             This
             practice
             can
             passe
             for
             no
             other
             then
             a
             meere
             robbery
             ,
             so
             much
             more
             haynous
             ,
             as
             the
             condition
             of
             the
             mis-carried
             owner
             is
             more
             miserable
             :
             What
             a
             foul
             inhumanity
             is
             this
             ,
             to
             persecute
             him
             whom
             God
             hath
             smitten
             ;
             and
             upon
             no
             other
             quarrell
             to
             be
             cruell
             to
             our
             brother
             ,
             then
             
             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
             bowells
             of
             tender
             compassion
             ,
             lend
             your
             best
             succour
             rather
             for
             the
             rescue
             of
             poore
             wracked
             soules
             ,
             and
             safely
             preserving
             that
             small
             residue
             of
             their
             drowned
             fraight
             ,
             which
             you
             cannot
             imagine
             that
             the
             Sea
             hath
             therefore
             forborne
             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
               mine
               .
            
          
           
             TO
             buy
             those
             goods
             which
             you
             know
             ,
             or
             have
             just
             cause
             to
             suspect
             
             to
             be
             stoln
             or
             plundered
             ,
             is
             no
             better
             then
             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
             theefe
             ,
             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
             theeves
             .
             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
             then
             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
               theefe
               ,
               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
             doe
             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
             commodities
             ,
             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
             joine
             with
             him
             in
             the
             prosecution
             of
             law
             ,
             or
             justice
             upon
             the
             offender
             ,
             and
             upon
             a
             meet
             satisfaction
             to
             tender
             him
             his
             owne
             .
          
           
             But
             if
             the
             theft
             be
             onely
             upon
             probability
             ;
             and
             it
             be
             doubtfull
             whether
             the
             goods
             belong
             to
             the
             owner
             notified
             to
             you
             ,
             your
             duty
             is
             to
             make
             diligent
             inquiry
             into
             the
             businesse
             ;
             and
             if
             upon
             due
             inquisition
             ,
             you
             find
             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
             downe
             in
             the
             possession
             ,
             till
             further
             evidence
             may
             convince
             your
             judgment
             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
             seem
             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
             himselfe
             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
             merely
             out
             of
             will
             ,
             is
             no
             other
             then
             a
             Turkish
             tyranny
             .
          
           
             Now
             the
             same
             God
             that
             hath
             ordained
             Soveraigne
             powers
             to
             judge
             of
             ,
             and
             protect
             the
             life
             of
             others
             ,
             hath
             given
             weighty
             charge
             to
             every
             man
             to
             tender
             and
             manage
             his
             owne
             :
             which
             binds
             him
             to
             use
             all
             just
             means
             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
             only
             ,
             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
             swich
             ,
             or
             a
             cane
             ,
             they
             come
             not
             under
             this
             consideration
             ,
             although
             those
             small
             affronts
             offered
             to
             eminent
             persons
             prove
             oftentimes
             to
             be
             quarrells
             no
             lesse
             then
             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
             indevor
             to
             avoid
             the
             spilling
             of
             blood
             ;
             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
             for
             bearance
             ,
             yet
             ,
             if
             there
             would
             be
             no
             remedy
             ,
             nature
             must
             pardon
             me
             ;
             no
             man
             can
             be
             so
             neare
             me
             as
             my selfe
             .
          
           
             I
             cannot
             therefore
             ,
             subscribe
             to
             the
             counsell
             of
             *
             
               Leonardus
               Lessius
            
             (
             abetting
             some
             ancient
             Casuists
             ,
             and
             pretended
             
             to
             be
             countenanced
             by
             some
             Fathers
             )
             that
             it
             were
             meet
             for
             Clericall
             and
             Religious
             persons
             rather
             to
             suffer
             death
             then
             to
             kill
             a
             murtherer
             :
             since
             no
             reason
             can
             be
             shewed
             ,
             why
             their
             life
             should
             not
             be
             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
             ,
             then
             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
             feoffed
             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
             ,
             then
             kil
             :
             for
             ,
             saith
             he
             ,
             if
             such
             religious
             person
             should
             bethink
             
             himselfe
             ,
             that
             he
             is
             in
             a
             deadly
             sin
             ,
             and
             should
             thereupon
             feare
             that
             he
             should
             be
             damned
             ,
             if
             he
             were
             killed
             in
             that
             wofull
             and
             desperate
             estate
             ;
             he
             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
             cheape
             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
               .
            
             Psal
             .
             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
             ,
             then
             charity
             to
             our
             neighbour
             holds
             it
             ,
             and
             binds
             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
             blowne
             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
             sin
             ,
             and
             professeth
             to
             be
             remorslesse
             ,
             may
             not
             feel
             the
             stroke
             of
             Justice
             .
             Shortly
             then
             ,
             if
             a
             man
             will
             needs
             be
             wicked
             to
             my
             destruction
             ,
             the
             evill
             is
             his
             owne
             ;
             let
             him
             beare
             his
             owne
             guilt
             ,
             let
             me
             looke
             to
             my
             owne
             indemnity
             .
          
           
             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
             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
             theefe
             ,
             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
             ;
             Exod.
             22.
             2.
             where
             the
             purpose
             of
             the
             theefe
             is
             likely
             to
             be
             more
             murtherous
             ,
             and
             the
             act
             more
             uncapable
             of
             restitution
             .
          
           
             What
             then
             if
             the
             theefe
             ,
             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
             then
             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
             me
             .
          
           
             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
             )
             clearly
             acquiting
             a
             young
             man
             for
             killing
             a
             Colonel
             that
             would
             have
             forced
             him
             in
             this
             kind
             .
          
           
             But
             I
             may
             not
             assent
             to
             †
             
               Djominicus
               Bannez
               ,
               Retrus
               Navarrus
            
             ,
             and
             Cajetan
             ,
             (
             though
             grave
             authors
             )
             who
             hold
             ,
             that
             if
             a
             man
             goe
             about
             upon
             false
             and
             deadly
             criminations
             to
             suborne
             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
             crave
             himselfe
             of
             justice
             ;
             Mere
             accusations
             are
             no
             convictions
             ;
             How
             know
             I
             what
             God
             may
             worke
             for
             me
             on
             the
             Bench
             ,
             or
             at
             the
             barre
             to
             what
             evidence
             he
             may
             raise
             to
             cleer
             mee
             ?
             what
             confusion
             ,
             or
             contradiction
             he
             
             may
             cause
             in
             the
             mouthes
             of
             the
             hired
             witnesses
             ?
             what
             change
             he
             may
             worke
             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
             find
             no
             reason
             to
             alter
             :
             thither
             I
             might
             refer
             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
             ,
             then
             a
             more
             tempting
             of
             God
             ,
             as
             *
             Rodriguez
             justly
             censures
             it
             ,
             to
             put
             our selves
             ,
             or
             our
             cause
             upon
             so
             unwarranted
             a
             triall
             :
             I
             find
             but
             two
             practices
             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
             behalf
             of
             their
             two
             Masters
             ,
             David
             and
             Ishbosheth
             ;
             2
             Sam.
             2.
             14.
             wherein
             Abner
             invites
             his
             rivall
             in
             honor
             ,
             to
             a
             Tragical
             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
             bloody
             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
             Cavalier
             out
             of
             mere
             bravery
             of
             spirit
             
             craves
             leave
             to
             put
             himself
             forth
             before
             both
             armies
             ,
             and
             (
             as
             in
             way
             of
             preface
             to
             an
             ensuing
             battaile
             )
             bids
             defiance
             to
             any
             Antagonist
             ;
             An
             act
             of
             more
             valor
             then
             judgment
             ;
             whereof
             the
             undertaking
             is
             void
             of
             warrant
             ;
             and
             the
             issue
             (
             lightly
             )
             of
             successe
             :
             whiles
             it
             pleaseth
             God
             commonly
             to
             punish
             prefumption
             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
             then
             to
             revive
             the
             old
             Ordalian
             triall
             used
             by
             our
             Heathen
             Ancestors
             :
             Sith
             God
             hath
             no
             more
             ordained
             ,
             nor
             promised
             to
             bless
             the
             one
             then
             the
             other
             ;
             And
             reason
             it selfe
             tels
             us
             ,
             in
             how
             ill
             a
             condition
             that
             righteous
             cause
             is
             ,
             which
             must
             be
             carried
             by
             the
             sharpor
             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
             sclandered
             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
             practiced
             ,
             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
             Accldama
             ;
             For
             who
             would
             not
             be
             his
             owne
             Judge
             for
             the
             Accusation
             ;
             and
             his
             owne
             Executioner
             for
             the
             revenge
             ?
          
           
             There
             may
             yyt
             seem
             more
             innocence
             
             in
             the
             Acceptation
             ;
             which
             makes
             shew
             of
             a
             mere
             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
             ,
             how
             ever
             the
             Spanish
             and
             Italian
             Casuists
             (
             whose
             Nations
             are
             wont
             to
             stand
             a
             little
             too
             highly
             upon
             the
             points
             of
             a
             mis-called
             honor
             )
             are
             wont
             to
             passe
             faire
             interpretations
             of
             the
             matter
             ,
             I
             cannot
             but
             find
             it
             deeply
             guilty
             also
             :
             for
             what
             is
             this
             other
             ,
             then
             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
             fairly
             set
             upon
             ,
             on
             equall
             terms
             ,
             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
             fairly
             off
             ,
             yet
             the
             very
             intention
             to
             kill
             ,
             is
             murther
             .
          
           
             This
             case
             is
             so
             cleare
             ,
             that
             the
             Councell
             of
             *
             Trent
             hath
             thought
             fit
             to
             denounce
             heavy
             sentences
             ,
             and
             inflict
             
             sharp
             censures
             upon
             Emperours
             ,
             Kings
             ,
             States
             ,
             and
             Potentates
             that
             shall
             give
             allownce
             to
             duels
             within
             their
             Dominions
             ;
             pronouncing
             them
             
               ipso
               jure
            
             excommunicate
             ;
             and
             depriving
             them
             of
             those
             townes
             ,
             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
             infamie
             ;
             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
             honor
             may
             depend
             upon
             the
             point
             of
             private
             swords
             ;
             and
             if
             there
             can
             be
             no
             other
             remedy
             ,
             you
             must
             rather
             suffer
             in
             either
             ,
             then
             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
             Fear
             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
             thinke
             it
             not
             unlawfull
             ,
             or
             at
             least
             ,
             venially
             so
             ,
             whether
             out
             of
             the
             fear
             of
             painfull
             child-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
             forest
             all
             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
             receit
             :
             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
             then
             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
             sinne
             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
             aborsement
             ,
             (
             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
             be
             borne
             ;
             
               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
             been
             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
             die
             ,
             then
             yeeld
             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
             
               we
               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
             then
             the
             preservation
             of
             the
             mothers
             life
             ,
             may
             be
             capable
             of
             excuse
             ;
             for
             that
             the
             inconvenience
             (
             or
             mischief
             rather
             )
             which
             followed
             upon
             the
             receits
             was
             accidentall
             ,
             and
             utterly
             against
             the
             mind
             ,
             and
             hopes
             of
             him
             that
             advised
             them
             .
          
           
             But
             if
             the
             conception
             be
             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
             rendred
             
             that
             Mosaicall
             law
             (
             in
             Exod.
             21.
             )
             concerning
             abortions
             ,
             in
             these
             termes
             .
             
               If
               a
               man
               strike
               a
               woman
               that
               is
               with
               child
               ,
               and
               she
               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
             Mischiefe
             :
             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
             draws
             the
             judgment
             out
             ,
             in
             an
             equall
             length
             to
             the
             death
             of
             the
             child
             ,
             once
             animated
             ;
             making
             no
             difference
             of
             the
             guilt
             ;
             since
             the
             infants
             soule
             is
             of
             no
             lesse
             worth
             ,
             then
             hers
             that
             beares
             him
             .
          
           
             In
             this
             case
             of
             the
             conception
             animated
             ,
             I
             find
             the
             Casuists
             much
             divided
             ;
             Whiles
             some
             more
             tender
             then
             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
             child
             ;
             in
             case
             that
             the
             child
             may
             be
             probably
             drawne
             forth
             alive
             ;
             which
             they
             doe
             upon
             this
             false
             and
             bloodily
             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
             beleeving
             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
             needs
             totter
             .
             These
             men
             whiles
             they
             professe
             themselves
             too
             carefull
             of
             the
             soule
             of
             the
             child
             (
             which
             yet
             may
             perhaps
             be
             safer
             then
             their
             owne
             )
             seeme
             to
             be
             some
             what
             too
             hard
             hearted
             to
             the
             body
             of
             the
             mother
             .
          
           
             *
             Others
             more
             probably
             hold
             ,
             that
             if
             the
             case
             be
             utterly
             desperate
             ,
             and
             it
             be
             certaine
             that
             both
             mother
             and
             child
             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
             then
             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
             ,
             (
             how
             ever
             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
               Cruciatae
            
             ;
             then
             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
             obsolve
             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
             then
             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
             practice
             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
             child
             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
             aborsement
             ,
             but
             to
             bring
             forward
             a
             naturall
             birth
             ,
             to
             the
             preservation
             of
             the
             mother
             ,
             or
             the
             child
             ,
             or
             both
             .
          
        
         
           
           
             CASE
             IV.
             
          
           
             
               Whether
               a
               man
               adjudged
               to
               perpetuall
               imprisonment
               ,
               or
               death
               ,
               may
               in
               conscience
               indeavour
               ,
               and
               practice
               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
             Gaurdians
             ,
             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
             far
             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
             he
             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
             then
             the
             rest
             ,
             for
             the
             working
             of
             his
             own
             indēnity
             :
             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
             justiy
             dissented
             from
             them
             ;
             as
             those
             ,
             whose
             judgment
             hath
             not
             beene
             more
             favourable
             to
             malefactors
             ,
             then
             dangerous
             and
             prejudiciall
             to
             the
             Commonwealth
             :
             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
             then
             to
             invite
             men
             to
             be
             accessary
             to
             those
             crimes
             ,
             which
             the
             law
             in
             a
             due
             way
             intends
             to
             puuish
             ?
             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
             yeeld
             such
             unlawfull
             aid
             ,
             is
             no
             better
             then
             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
             die
             ,
             then
             violate
             that
             bond
             which
             is
             stronger
             then
             his
             irons
             :
             Very
             Heathens
             have
             by
             their
             example
             taught
             us
             this
             lesson
             ;
             To
             regard
             our
             fidelity
             ,
             more
             then
             our
             life
             :
             Thus
             it
             should
             be
             ,
             and
             is
             ,
             with
             those
             that
             are
             truly
             Christian
             and
             ingenuous
             ,
             under
             what
             ever
             captivity
             ;
             but
             in
             the
             case
             of
             gracelesse
             and
             felonious
             persons
             ,
             Gaolers
             have
             reason
             to
             looke
             to
             their
             bolts
             and
             lockes
             ;
             knowing
             (
             according
             to
             the
             old
             rule
             of
             wise
             Thales
             )
             that
             he
             who
             hath
             not
             stuck
             at
             one
             villanie
             ,
             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
             be
             free
             ;
             and
             if
             he
             may
             untie
             the
             knot
             of
             a
             cord
             ,
             wherewith
             he
             was
             bound
             ;
             why
             may
             he
             not
             unrivet
             ,
             or
             grate
             an
             iron
             wherewith
             he
             is
             fettered
             ?
             for
             so
             much
             as
             he
             is
             not
             bound
             ,
             to
             yeeld
             ,
             
             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
             dye
             by
             hunger
             ,
             was
             never
             found
             fault
             with
             ,
             that
             he
             maintained
             himselfe
             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
             doome
             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
             worke
             for
             his
             owne
             life
             or
             liberty
             ,
             when
             it
             is
             forfaited
             to
             Justice
             ,
             yet
             that
             it
             is
             meet
             and
             commendable
             in
             a
             true
             penitent
             ,
             when
             he
             finds
             the
             doome
             of
             death
             or
             perpetuall
             durance
             justly
             passed
             upon
             him
             ,
             humbly
             to
             submit
             to
             the
             sentence
             ;
             and
             not
             intertaine
             the
             motions
             and
             means
             of
             a
             projected
             evasion
             :
             but
             meekly
             to
             stoop
             unto
             lawfull
             authority
             ,
             and
             to
             wait
             upon
             the
             issue
             whether
             of
             Justice
             ,
             or
             Mercy
             :
             and
             at
             the
             worst
             ,
             to
             say
             with
             him
             in
             the
             Poet
             ,
             
               Merui
               ,
               nec
               deprecor
            
             .
          
        
         
           
           
             CASE
             V.
             
          
           
             
               Whether
               ,
               and
               how
               farre
               a
               man
               may
               be
               urged
               to
               an
               Oath
               .
            
          
           
             AN
             Oath
             ,
             as
             it
             is
             a
             sacred
             thing
             ,
             so
             it
             must
             be
             no
             otherwise
             then
             holily
             used
             ;
             whether
             on
             the
             part
             of
             the
             giver
             ,
             or
             taker
             ;
             &
             therefore
             may
             neither
             rashly
             be
             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.
               
               &
            
             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
             onely
             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
             eye-sight
             :
             should
             this
             liberty
             be
             granted
             ,
             Innocence
             might
             suffer
             ,
             and
             Malice
             triumph
             :
             Neither
             may
             any
             man
             be
             condemned
             upon
             heare-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
             be
             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
             ,
             then
             by
             the
             discovery
             upon
             oaths
             of
             the
             officers
             and
             Jurors
             in
             Assises
             ,
             and
             Sessions
             ;
             and
             of
             Churchwardens
             ,
             and
             Side-men
             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
             full
             triall
             of
             the
             cause
             and
             person
             .
          
           
             Knowledge
             is
             alwayes
             certaine
             ,
             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
             flyes
             to
             the
             care
             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
             owne
             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
             the
             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
             voyce
             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
             smoke
             ,
             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
             mere
             office
             ,
             the
             carriage
             of
             the
             processe
             may
             be
             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
             ,
             enjoyne
             him
             such
             satisfaction
             to
             the
             scandalized
             Congregation
             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
             he
             see
             further
             cause
             ,
             appoint
             a
             discreet
             and
             able
             prosecutor
             to
             follow
             the
             businesse
             in
             a
             legall
             way
             ;
             upon
             whom
             the
             accused
             ,
             if
             he
             be
             found
             guiltlesse
             ,
             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
             Ecclesiastical
             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
             *
             Aquina
             ,
             when
             he
             was
             onely
             a
             Bachelour
             ,
             in
             the
             Generall
             Chapter
             at
             Paris
             ,
             contradicted
             by
             all
             the
             ancient
             Graduates
             there
             ,
             that
             when
             the
             crime
             is
             notorious
             ,
             and
             the
             author
             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
             fome
             cases
             ,
             raise
             a
             particular
             inquisition
             upon
             the
             party
             ,
             and
             call
             him
             to
             defend
             himselfe
             ;
             which
             course
             
             certainly
             ,
             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
             complains
             ,
             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
             own
             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
               ,
               condemne
               a
               man
               to
               death
               ,
               whom
               he
               himselfe
               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
             then
             condemnatory
             .
          
           
             For
             my
             part
             ,
             I
             can
             more
             marvell
             at
             their
             judgement
             herein
             ,
             then
             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
             then
             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
             then
             
             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
             then
             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
             Tribunal
             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
             swear
             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
             extreamly
             unsafe
             ,
             that
             such
             a
             gappe
             should
             be
             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
             brains
             to
             find
             out
             some
             such
             evasions
             ,
             as
             might
             save
             the
             innocent
             from
             death
             ,
             &
             the
             Judge
             from
             blood-guiltinesse
             :
             Herein
             therefore
             they
             advise
             the
             Judge
             to
             use
             some
             secret
             meanes
             to
             stop
             the
             accusation
             
             or
             indictment
             ;
             (
             a
             course
             that
             might
             be
             as
             prejudiciall
             to
             justice
             ,
             as
             a
             false
             sentence
             )
             To
             sift
             the
             witnesses
             apart
             ,
             as
             in
             Susannaes
             case
             ,
             and
             by
             many
             subtile
             interogations
             of
             the
             circumstances
             to
             find
             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
             before
             all
             the
             people
             give
             his
             oath
             ,
             that
             he
             knows
             the
             party
             guiltlesse
             ;
             as
             whom
             he
             himselfe
             saw
             at
             that
             very
             hour
             in
             a
             place
             far
             distant
             from
             that
             ,
             wherein
             the
             fact
             is
             pretended
             to
             be
             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
             himself
             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
             forfaiture
             of
             some
             rich
             estate
             )
             be
             pressed
             by
             higher
             powers
             to
             passe
             the
             sentence
             on
             his
             owne
             Bench
             ,
             that
             he
             ought
             to
             lay
             downe
             his
             Commission
             ,
             and
             to
             abdicate
             that
             power
             he
             hath
             ,
             rather
             then
             to
             suffer
             it
             forced
             to
             a
             willing
             injustice
             .
          
           
             And
             truly
             were
             the
             case
             mine
             ,
             after
             all
             faire
             and
             lawfull
             indevours
             to
             justify
             the
             innocent
             ,
             and
             to
             avoid
             the
             sentence
             ,
             I
             should
             most
             willingly
             yeeld
             to
             this
             last
             resolution
             :
             Yea
             rather
             my selfe
             to
             undergoe
             the
             sentence
             of
             death
             ,
             then
             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
             indemnity
             ,
             that
             he
             will
             by
             no
             meanes
             heare
             of
             his
             wilfull
             deserting
             of
             his
             office
             on
             so
             capitall
             an
             occasion
             .
          
           
             In
             the
             maine
             cause
             of
             life
             &
             death
             ,
             I
             cannot
             but
             allow
             and
             commend
             the
             judgment
             of
             
               Leonardus
               Lessius
            
             ;
             but
             when
             the
             question
             is
             of
             matters
             Civil
             ,
             or
             lesse
             criminall
             ,
             †
             I
             cannot
             but
             wonder
             at
             his
             flying
             off
             ;
             In
             these
             wherein
             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
             he
             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
             he
             ,
             the
             Commonwealth
             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
             appears
             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
             propiety
             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
             then
             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
             claim
             any
             such
             interest
             in
             it
             as
             without
             any
             ground
             of
             offence
             to
             dispossesse
             him
             ?
             Or
             what
             necessity
             is
             there
             that
             the
             form
             of
             publique
             judgements
             should
             be
             perverted
             ,
             unlesse
             an
             honest
             defendent
             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
             then
             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
             then
             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
             condemnation
             ;
             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
             his
             third
             reason
             ,
             that
             the
             mis-judgment
             in
             case
             of
             a
             pecuniary
             damage
             or
             banishment
             ,
             may
             be
             afterwards
             capable
             of
             being
             reversed
             ,
             and
             upon
             a
             new
             Traverse
             the
             cause
             may
             be
             fetcht
             about
             at
             further
             leasure
             ;
             whereas
             death
             once
             inflicted
             is
             past
             all
             power
             of
             revocation
             ;
             It
             may
             well
             
             inferre
             that
             therefore
             there
             should
             be
             so
             much
             more
             deliberation
             ,
             and
             care
             had
             in
             passing
             sentence
             upon
             capitall
             matters
             ,
             then
             civill
             ,
             by
             how
             much
             life
             is
             more
             precious
             ,
             and
             irrevocable
             ,
             then
             our
             worldly
             substance
             ;
             but
             it
             can
             never
             inferre
             that
             injustice
             should
             be
             tolerable
             in
             the
             one
             ,
             not
             in
             the
             other
             .
             Justice
             had
             wont
             to
             be
             painted
             blindfold
             ,
             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
             then
             to
             say
             ,
             I
             may
             lawfully
             wound
             a
             man
             ,
             because
             I
             know
             how
             to
             heale
             him
             againe
             .
          
           
             Shortly
             therefore
             ,
             whether
             it
             be
             in
             
             causes
             crimiall
             ,
             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
             ;
             in
             so
             much
             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
               ;
               
               Revel
            
             .
             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
             dishonor
             of
             God
             ,
             or
             danger
             of
             the
             common
             peace
             ,
             whereto
             you
             are
             privy
             :
             or
             such
             as
             whereunto
             you
             are
             tyed
             by
             some
             former
             engagement
             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
             sin
             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
             he
             resolves
             to
             execute
             ;
             should
             you
             keepe
             this
             fire
             in
             your
             bosome
             ,
             it
             might
             justly
             burne
             you
             .
             Whether
             it
             be
             therefore
             for
             the
             discovery
             of
             some
             horrible
             crime
             done
             ,
             or
             for
             the
             prevention
             of
             some
             great
             mischiefe
             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
             Majesties
             royall
             person
             ,
             state
             ,
             dignity
             ;
             and
             to
             make
             knowne
             those
             that
             wilfully
             impugne
             it
             ;
             if
             now
             ,
             you
             shall
             keepe
             the
             secret
             counsels
             of
             such
             wicked
             designments
             ,
             as
             you
             shall
             know
             to
             be
             against
             any
             of
             these
             ,
             how
             can
             you
             escape
             to
             be
             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
             then
             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
             ,
             then
             that
             secret
             to
             be
             drawne
             out
             of
             your
             lips
             :
             Or
             if
             the
             question
             be
             illegall
             ,
             as
             those
             that
             tend
             directly
             to
             your
             owne
             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
             aske
             ;
             In
             these
             cases
             ,
             if
             no
             more
             ,
             the
             refusall
             of
             an
             accusation
             ,
             though
             required
             ,
             is
             no
             other
             then
             justifiable
             .
          
           
           
             But
             where
             neither
             the
             conscience
             of
             the
             horridnesse
             of
             a
             crime
             done
             ;
             nor
             prevention
             of
             a
             crime
             intended
             ,
             nor
             duty
             of
             obedience
             to
             lawfull
             authority
             ;
             nor
             the
             bond
             of
             an
             inviolable
             pre-ingagement
             ,
             call
             you
             to
             the
             Bar
             ;
             It
             is
             not
             a
             more
             uncharitable
             ,
             then
             thanklesse
             office
             to
             be
             an
             accuser
             :
             Hence
             it
             is
             that
             Delators
             ,
             and
             Informers
             ,
             have
             in
             all
             happy
             and
             well-governed
             States
             ,
             been
             ever
             held
             an
             infamous
             and
             odious
             kind
             of
             Cattell
             .
             A
             Tiborius
             ,
             and
             a
             Domitian
             ,
             might
             give
             both
             countenance
             and
             rewards
             to
             them
             ,
             as
             being
             meet
             factors
             for
             their
             tyranny
             ,
             but
             a
             Vespasian
             ,
             and
             Titus
             ,
             and
             
               Antoninus
               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
               a
               Tale
               bearer
               are
               as
               wounds
               ,
               and
               they
               goe
               downe
               into
               the
               innermost
               parts
               of
               the
               belly
               :
            
             No
             lesse
             then
             five
             severall
             times
             in
             his
             divine
             *
             Proverbs
             ,
             inveighing
             sharply
             (
             as
             if
             
             himselfe
             had
             been
             stung
             in
             this
             kind
             )
             against
             these
             close
             ,
             back-biting
             calumniations
             .
          
           
             Shortly
             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
               hee
               hath
               committed
               ,
               and
               interogated
               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
             formes
             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
             then
             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
             forraine
             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
             ,
             he
             is
             solemnly
             urged
             ,
             not
             to
             deny
             what
             he
             knowes
             ,
             or
             beleeves
             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
             joine
             together
             to
             abrogate
             ;
             as
             being
             an
             evident
             occasion
             of
             much
             perjurie
             .
             To
             lay
             downe
             and
             determine
             the
             case
             as
             it
             stands
             with
             us
             in
             our
             ordinary
             proceedings
             of
             justice
             ;
             it
             must
             be
             premised
             :
          
           
             1.
             
             To
             deny
             a
             known
             truth
             ,
             and
             to
             averre
             a
             wilfull
             lye
             ,
             cannot
             be
             other
             then
             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
             help
             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
             keep
             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
             find
             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
             ;
             Yeelding
             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
             tryal
             of
             that
             fact
             which
             he
             is
             not
             bound
             to
             confesse
             .
          
           
             But
             when
             the
             hand
             of
             God
             hath
             once
             found
             out
             the
             man
             in
             his
             sinne
             ;
             and
             he
             finds
             himselfe
             legally
             convinced
             of
             his
             crime
             ;
             it
             greatly
             behoves
             him
             (
             as
             Joshua
             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
             acknowledgment
             ,
             
             then
             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
             he
             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
             eare
             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
             blood
             ;
             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
             wickedness
             ;
             they
             may
             yet
             endevour
             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
             then
             a
             necessary
             evill
             ,
             necessary
             in
             relation
             to
             peace
             :
             onely
             ,
             as
             that
             without
             which
             so
             great
             a
             blessing
             cannot
             be
             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
             aske
             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
             be
             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
             then
             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
             needs
             be
             ,
             which
             can
             onely
             be
             remedied
             ,
             or
             prevented
             by
             so
             grievous
             a
             judgment
             as
             warre
             ?
          
           
             That
             due
             termes
             and
             conditions
             are
             requisite
             to
             be
             offered
             ere
             warre
             be
             undertaken
             ;
             and
             observed
             in
             the
             managing
             ,
             and
             ceasing
             of
             it
             ,
             humanity
             it selfe
             teacheth
             us
             ;
             without
             which
             men
             should
             run
             upon
             one
             another
             with
             no
             lesse
             fury
             and
             disorder
             then
             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
             supreme
             power
             ;
             so
             (
             unlesse
             it
             be
             in
             a
             case
             notoriously
             apparent
             to
             be
             unjust
             )
             must
             yeeld
             a
             blindfold
             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
             fight
             against
             God
             ;
             I
             cannot
             blame
             him
             ,
             if
             with
             Sauls
             footmen
             (
             when
             they
             were
             commanded
             to
             fall
             upon
             the
             Priests
             of
             the
             Lord
             )
             he
             withhold
             
             his
             hand
             ,
             and
             craving
             pardon
             ,
             show
             lesse
             readinesse
             to
             act
             ,
             then
             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
             pluuder
             have
             put
             you
             into
             armes
             :
             repent
             and
             withdraw
             :
             For
             what
             can
             be
             more
             sordid
             ,
             or
             cruell
             ,
             then
             to
             be
             hired
             for
             dayes-wages
             to
             shed
             innocent
             blood
             ?
             Or
             what
             can
             be
             more
             horribly
             mischievous
             for
             a
             man
             ,
             then
             to
             kill
             ,
             that
             hee
             may
             steale
             ?
          
           
             Upon
             your
             answer
             to
             these
             questions
             it
             will
             be
             easie
             for
             me
             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
             then
             murder
             :
             Far
             be
             it
             from
             you
             to
             take
             pleasure
             in
             blood
             ;
             and
             to
             enjoy
             another
             mans
             destruction
             :
             If
             (
             especially
             in
             those
             wars
             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
             ,
             then
             that
             in
             a
             contradiction
             both
             parts
             should
             be
             true
             :
             Here
             therefore
             your
             will
             makes
             it selfe
             the
             Judge
             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
               bis
               owne
               Death
               .
            
          
           
             DIrectly
             to
             intend
             or
             indeavour
             that
             which
             may
             worke
             his
             owne
             death
             ,
             is
             abominably
             wicked
             ,
             and
             no
             lesse
             then
             the
             worst
             murder
             .
          
           
             For
             if
             a
             man
             may
             not
             kill
             another
             ,
             much
             lesse
             himselfe
             ;
             by
             how
             much
             he
             is
             nearer
             to
             himselfe
             then
             to
             another
             :
             and
             certainly
             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
             be
             harmfull
             to
             our selves
             .
             Doubtlesse
             ,
             many
             that
             can
             be
             cruell
             to
             another
             are
             favourable
             enough
             to
             themselves
             ;
             but
             never
             man
             that
             could
             bee
             cruell
             to
             himselfe
             would
             be
             sparing
             of
             anothers
             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
             then
             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
             appears
             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
             been
             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
             grown
             into
             a
             selfe-killing
             humour
             ,
             that
             the
             bodies
             of
             such
             offenders
             should
             be
             dragged
             naked
             through
             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
             Diogenes
             reach't
             him
             a
             poynard
             ,
             wherewith
             to
             dispatch
             himselfe
             :
             Nay
             ,
             said
             he
             ,
             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
             fervor
             of
             their
             holy
             zeale
             have
             put
             themselves
             forward
             to
             martyrdome
             ;
             and
             have
             courageously
             
             prevented
             the
             lust
             and
             fury
             of
             Tyrans
             ,
             to
             keep
             their
             chastity
             ,
             and
             faith
             inviolable
             .
             I
             looke
             upon
             these
             as
             more
             fit
             objects
             of
             wonder
             ,
             then
             either
             of
             censure
             ,
             or
             imitation
             .
             For
             these
             (
             whom
             we
             may
             well
             match
             with
             Sampson
             ,
             and
             Eleazar
             )
             what
             Gods
             spirit
             wrought
             in
             them
             ,
             he
             knowes
             that
             gave
             it
             ;
             Rules
             are
             they
             by
             which
             we
             live
             ,
             not
             examples
             .
          
           
             Secondly
             ,
             However
             we
             may
             not
             by
             any
             meanes
             directly
             act
             to
             the
             cutting
             off
             the
             thred
             of
             life
             ;
             yet
             I
             cannot
             but
             yeeld
             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
             trafique
             ;
             but
             onely
             that
             he
             should
             not
             causelesly
             hazard
             himselfe
             ;
             nor
             with
             a
             resolution
             of
             wilfull
             mis-carriage
             .
          
           
             To
             those
             instances
             he
             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
             doors
             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
             own
             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
             mere
             charity
             to
             tend
             the
             sick
             ,
             though
             he
             know
             the
             contagion
             deadly
             ;
             or
             in
             a
             sea-fight
             
             
             
             
             
             blowes
             up
             the
             deck
             with
             gunpowder
             ,
             not
             without
             his
             owne
             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
             Gangrene
             ;
             to
             make
             an
             adventure
             of
             a
             dangerous
             incision
             in
             the
             body
             ,
             to
             draw
             forth
             the
             Stone
             in
             the
             bladder
             ;
             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
             those
             things
             which
             may
             tend
             ,
             in
             the
             event
             ,
             to
             his
             own
             death
             ,
             though
             without
             an
             intention
             of
             procuring
             it
             .
          
           
           
             And
             unto
             this
             head
             must
             be
             referred
             those
             infinite
             examples
             of
             deadly
             sufferings
             for
             good
             causes
             ,
             willingly
             embraced
             for
             conscience
             sake
             .
             The
             seven
             Brethren
             in
             the
             Maccabees
             ,
             (
             alluded
             to
             by
             S.
             Paul
             to
             his
             
               Hebrews
               ,
               Heb.
            
             11.
             35.
             
             )
             will
             and
             must
             rather
             endure
             the
             butchering
             of
             their
             owne
             flesh
             ,
             then
             the
             eating
             of
             swines-flesh
             ,
             in
             a
             willing
             affront
             of
             their
             law
             ;
             Daniel
             will
             rather
             die
             then
             not
             pray
             .
             
               Shadrach
               ,
               Meshach
            
             ,
             and
             Abednego
             will
             rather
             fall
             downe
             bound
             into
             the
             fiery
             Fornace
             sevenfold
             heated
             ,
             then
             fall
             downe
             before
             the
             golden
             image
             .
          
           
             And
             every
             right-disposed
             Christian
             will
             rather
             welcome
             death
             then
             yeeld
             to
             a
             willing
             act
             of
             Idolatry
             ,
             rebellion
             ,
             witchcraft
             :
             If
             hereupon
             death
             follow
             by
             the
             infliction
             of
             others
             ,
             they
             are
             sinfull
             agents
             ,
             he
             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
             indeed
             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
             ,
             yeeld
             to
             that
             fatall
             stroke
             .
             A
             juster
             scruple
             is
             ,
             whether
             a
             man
             condemned
             to
             a
             certaine
             and
             painfull
             death
             ,
             which
             he
             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
             paine
             ,
             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
             then
             a
             hard
             construction
             .
             For
             thus
             to
             carve
             himselfe
             of
             justice
             ,
             is
             manifestly
             to
             violate
             lawfull
             authority
             ;
             and
             whiles
             he
             would
             avoid
             a
             short
             paine
             ,
             to
             incurre
             the
             shame
             and
             sin
             of
             a
             selfe-executioner
             .
          
           
             But
             if
             in
             that
             way
             ,
             wherein
             the
             doome
             of
             death
             is
             passed
             ,
             a
             man
             can
             give
             himself
             ease
             ,
             or
             speed
             of
             dissolution
             (
             as
             when
             a
             Martyr
             being
             adjudg'd
             to
             the
             fire
             ,
             uses
             the
             help
             of
             a
             bag
             of
             Gun-powder
             ,
             to
             expedite
             his
             passage
             )
             it
             cannot
             bee
             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
               we
               may
               hold
               discourse
               with
               them
               ;
               and
               how
               we
               may
               demeane
               our selves
               concerning
               them
               .
            
          
           
             THat
             there
             are
             evill
             spirits
             ,
             is
             no
             lesse
             certaine
             then
             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
             ,
             then
             that
             we
             have
             soules
             ,
             whereby
             they
             are
             discerned
             .
          
           
             Their
             appearances
             are
             not
             wont
             to
             be
             without
             grievous
             inconveniences
             ;
             whether
             in
             respect
             of
             their
             dreadfulnesse
             ;
             or
             their
             dangerous
             insinuations
             .
          
           
             It
             is
             the
             great
             mercy
             of
             the
             God
             of
             spirits
             that
             he
             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
             weake
             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
             amitie
             or
             familiarity
             )
             with
             them
             ,
             were
             no
             better
             then
             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
             be
             no
             place
             for
             a
             neutrality
             in
             our
             relation
             to
             them
             :
             so
             as
             he
             is
             an
             absolute
             enemy
             to
             the
             one
             ,
             that
             bids
             not
             open
             defiance
             to
             the
             other
             .
          
           
             As
             therefore
             we
             are
             wont
             by
             our
             silence
             to
             signifie
             our
             heart-burning
             against
             any
             person
             (
             in
             that
             we
             abide
             not
             to
             speake
             unto
             those
             whom
             we
             hate
             ,
             )
             so
             must
             we
             carry
             our selves
             towards
             evill
             spirits
             :
             And
             if
             they
             beginne
             with
             us
             as
             that
             Devill
             did
             in
             the
             Serpent
             with
             Eve
             ;
             how
             unsafe
             and
             deadly
             it
             may
             be
             to
             hold
             chat
             
             with
             them
             ,
             appears
             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
             :
             we
             now
             so
             tainted
             with
             sin
             ,
             that
             Satan
             hath
             a
             kinde
             of
             party
             in
             us
             ,
             even
             before
             his
             actuall
             temptations
             .
          
           
             As
             therefore
             we
             are
             wont
             to
             say
             that
             the
             fort
             that
             yeelds
             to
             parle
             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
             wickednesses
             )
             and
             in
             duration
             ,
             and
             experience
             ,
             we
             being
             but
             of
             yesterday
             ,
             they
             coetaneous
             with
             the
             world
             and
             time
             it selfe
             .
          
           
             If
             you
             tell
             me
             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
             weaknesse
             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
             downe
             under
             his
             owne
             hand
             to
             that
             purpose
             ;
             being
             questioned
             concerning
             it
             ,
             answered
             ,
             that
             he
             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
             find
             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
             prayers
             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
               destnat
               &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
             suit
             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
             then
             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
             powred
             
             out
             upon
             men
             ;
             but
             if
             they
             will
             be
             stil
             challenging
             the
             fame
             power
             ;
             why
             doe
             they
             not
             as
             wel
             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.
             13
             ,
             14
             ,
             15
             ,
             16.
             who
             would
             be
             adjuring
             of
             Devils
             by
             the
             name
             of
             Jesus
             ,
             whom
             Paul
             preached
             ,
             so
             they
             can
             looke
             for
             no
             other
             intertainment
             then
             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
             vainly-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
             Devills
             †
             .
             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
             herbs
             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
             be
             blessed
             ,
             and
             sanctified
             to
             retaine
             this
             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
             Devils
             ,
             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
             seeds
             of
             Hypericon
             or
             S.
             
               Johns
               wort
            
             .
          
           
             *
             Adde
             to
             this
             ,
             the
             horrible
             fumigation
             to
             this
             purpose
             as
             it
             followes
             .
             I
             conjure
             thee
             ô
             thou
             creature
             of
             
             
               Galbanum
               ,
               Sulphur
               ,
               Assa
               faetida
               ,
               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
             then
             the
             fire
             and
             brimstone
             of
             hell
             is
             to
             the
             infernall
             spirits
             there
             ,
             &c.
             
          
           
             But
             what
             doe
             I
             trouble
             you
             with
             these
             dreadfull
             incantations
             ,
             whereof
             their
             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
             without
             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
             demeanure
             should
             be
             in
             case
             of
             the
             appearance
             ,
             or
             molestation
             of
             evill
             spirits
             ,
             we
             cannot
             desire
             a
             better
             patterne
             then
             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
             owne
             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
             we
             thus
             resist
             the
             Devil
             he
             shall
             flee
             from
             us
             :
             Jam.
             4.
             7.
             
             In
             the
             primitive
             times
             ,
             those
             that
             could
             cōmand
             ,
             needed
             not
             to
             sue
             :
             and
             therefore
             fasting
             and
             prayers
             was
             an
             higher
             (
             as
             a
             more
             laborious
             )
             work
             (
             to
             this
             purpose
             )
             in
             the
             disciples
             ,
             then
             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
             ;
             wherein
             nothing
             is
             seen
             ,
             or
             heard
             ,
             or
             known
             to
             be
             agreed
             upon
             ;
             onely
             by
             a
             close
             implication
             ,
             that
             is
             suggested
             and
             yeelded
             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
             be
             supposed
             that
             good
             Angels
             should
             be
             at
             the
             command
             of
             ignorant
             ,
             or
             vicious
             persons
             ,
             of
             either
             sexe
             ,
             to
             concurre
             with
             them
             in
             superstitious
             acts
             ,
             done
             by
             meanes
             altogether
             in
             themselves
             ineffectuall
             and
             unwarrantable
             :
             and
             therefore
             that
             the
             Devill
             hath
             an
             unseene
             hand
             in
             these
             effects
             ,
             which
             he
             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
             authentique
             charme
             of
             the
             Gospell
             of
             S.
             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
             theefe
             ;
             The
             noching
             of
             a
             stick
             with
             the
             number
             of
             the
             warts
             which
             we
             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
             moone-shine
             for
             that
             purpose
             :
             words
             ,
             and
             characters
             ,
             of
             no
             signification
             ,
             
             or
             ordinary
             forme
             ,
             for
             the
             curing
             of
             diseases
             in
             man
             ,
             or
             beast
             ;
             more
             then
             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
             sonnes
             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
             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
             ,
             or
             prediction
             of
             voluntary
             ,
             or
             civill
             events
             ,
             or
             the
             discovery
             of
             things
             stolen
             or
             lost
             :
             for
             ,
             as
             the
             naturall
             Astrology
             when
             it
             keepes
             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
             agencies
             ,
             there
             must
             necessarily
             be
             a
             contaction
             either
             reall
             ,
             or
             virtuall
             ;
             here
             in
             such
             an
             intervall
             ,
             none
             can
             
             be
             :
             neither
             can
             the
             efficacy
             be
             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
             drawes
             on
             the
             successe
             from
             the
             hand
             of
             an
             invisible
             physitian
             .
          
           
             Calming
             of
             tempests
             ,
             and
             driving
             away
             devills
             by
             ringing
             of
             belles
             ,
             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
             denied
             :
             Charmes
             and
             spells
             commonly
             are
             no
             lesse
             unfailing
             in
             their
             working
             ,
             then
             the
             best
             naturall
             remedies
             ;
             doubtlesse
             ,
             the
             Devill
             is
             a
             most
             skilfull
             
             Artist
             :
             and
             can
             doe
             feates
             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
             Baalzebub
             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
             sin
             ,
             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
             peece
             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
             kingdom
             ;
             But
             withall
             ,
             though
             there
             be
             secrets
             in
             nature
             which
             we
             know
             not
             how
             she
             workes
             ;
             yet
             we
             know
             there
             are
             works
             which
             are
             well
             knowne
             ,
             that
             she
             cannot
             do
             :
             how
             far
             her
             power
             can
             extend
             is
             not
             hard
             to
             determine
             :
             and
             those
             effects
             which
             are
             beyond
             this
             ,
             (
             as
             in
             the
             fore-mentioned
             particulars
             )
             wee
             know
             whither
             to
             ascribe
             :
             Let
             it
             be
             therefore
             the
             care
             and
             wisedome
             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
             
             leads
             downe
             to
             the
             chambers
             of
             death
             .
          
        
         
           
             CASE
             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
               .
            
          
           
             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
             sin
             ,
             and
             of
             scandall
             :
             of
             sin
             ,
             if
             you
             partake
             in
             the
             Idolatry
             ;
             of
             scandall
             ,
             if
             you
             doe
             but
             seeme
             to
             partake
             :
             The
             scandall
             is
             threefold
             ;
             you
             confirme
             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
             feasts
             ;
             the
             owners
             of
             the
             feast
             civilly
             invite
             the
             neighbours
             (
             though
             Christians
             )
             to
             their
             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
             ,
             meerly
             ,
             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
             ,
             ran
             about
             the
             City
             in
             an
             holy
             remorse
             ,
             and
             proclaimed
             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
             needs
             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
             Rimmom
             :
             But
             how
             will
             he
             bow
             ?
             Civilly
             onely
             ,
             not
             religiously
             ;
             In
             the
             house
             of
             Rimmon
             ,
             not
             to
             the
             Idol
             ;
             Not
             in
             relation
             to
             that
             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
             Soveraign
             :
             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
             ô
             all
             ye
             Courtiers
             ,
             and
             men
             of
             Damascus
             ,
             that
             Naaman
             is
             now
             become
             a
             proselyte
             of
             Israel
             ;
             that
             he
             will
             serve
             and
             adore
             none
             but
             the
             true
             God
             ;
             and
             if
             you
             see
             him
             at
             any
             time
             kneeling
             in
             the
             temple
             of
             your
             Idol
             
             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
             valediction
             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
             Storke
             ?
             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
             ,
             if
             you
             have
             a
             minde
             to
             keep
             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
             Corahs
             insurrection
             ,
             
               Depart
               I
               pray
               you
               from
               the
               tents
               of
               these
               wicked
               men
               ,
               and
               touch
               nothing
               of
               theirs
               ,
               lest
               ye
               be
               consumed
               in
               all
               their
               sinnes
               .
            
             Num.
             16.
             26.
             
          
           
             The
             latter
             I
             must
             answer
             affirmatively
             :
             If
             the
             ordinances
             be
             holy
             ,
             why
             should
             not
             you
             take
             your
             part
             of
             them
             ?
          
           
             It
             is
             an
             unjust
             nicenesse
             to
             abridge
             your selfe
             of
             a
             blessing
             ,
             for
             another
             mans
             unworthiness
             :
             Doubtlesse
             ,
             there
             ought
             to
             be
             a
             seperation
             of
             the
             precious
             from
             the
             vile
             ;
             the
             neglect
             whereof
             is
             the
             great
             sinne
             of
             those
             ,
             whom
             in
             duty
             it
             concerns
             to
             performe
             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
             felfe
             ,
             and
             looke
             to
             your
             owne
             trencher
             ;
             he
             feeds
             for
             himsefe
             ,
             not
             for
             you
             ;
             sin
             is
             the
             uncleannesse
             of
             the
             soule
             ;
             that
             cleaves
             closer
             to
             it
             ,
             then
             any
             outward
             nastinesse
             can
             to
             the
             skin
             ;
             to
             feed
             thus
             foule
             then
             is
             doubtlesse
             unwholsome
             ,
             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-sore
             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
             keep
             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
             othersome
             whose
             evill
             is
             intrinse
             call
             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
             abhorre
             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
             Jesebel
             ,
             yet
             all
             that
             he
             enjoynes
             the
             godly
             party
             is
             to
             hold
             their
             owne
             .
          
           
             
               Have
               no
               fellowship
            
             ,
             saith
             the
             Apostle
             ,
             
               with
               the
               unfruitfull
               workes
               of
               darknesse
               :
               (
               Ephes
               .
            
             5.
             11.
             )
             Loe
             he
             would
             not
             have
             us
             partake
             in
             evill
             :
             he
             doth
             not
             forbid
             us
             to
             partake
             with
             an
             evill
             man
             in
             good
             workes
             .
          
           
             However
             therefore
             we
             are
             to
             wish
             and
             indeavour
             (
             in
             our
             places
             )
             that
             all
             the
             congregation
             may
             be
             holy
             ;
             and
             it
             is
             a
             comfortable
             thing
             to
             joine
             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
               be
               not
               out
               of
               season
               now
               under
               the
               Gospell
               ;
               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
             Doctors
             ,
             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
             ingagement
             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
             indifferent
             ,
             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
             straightly
             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
             ?
             
               (
               Act.
            
             5.
             4.
             )
             He
             needed
             not
             to
             sell
             it
             ,
             he
             needed
             not
             to
             give
             it
             ;
             but
             if
             he
             will
             give
             ,
             he
             may
             not
             reserve
             :
             If
             he
             professe
             to
             give
             all
             ,
             it
             is
             death
             to
             save
             some
             ;
             he
             lyes
             to
             the
             holy
             Ghost
             ,
             that
             defalkes
             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
             then
             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
             sin
             ,
             or
             the
             furtherance
             of
             your
             holy
             obedience
             :
             As
             a
             man
             that
             finds
             his
             brains
             weake
             ,
             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
             mis-carried
             by
             his
             appetite
             ,
             
             confines
             himselfe
             by
             his
             vow
             to
             one
             dish
             ;
             or
             to
             one
             meale
             for
             the
             day
             :
             or
             a
             man
             that
             finds
             himselfe
             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
             weake
             ,
             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
             comming
             to
             the
             shrine
             
             of
             S.
             Thomas
             of
             *
             Canterbury
             (
             as
             that
             traitour
             was
             stiled
             )
             devoutly
             begd
             ,
             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
             certainly
             ,
             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
             saies
             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-ingagements
             ;
             but
             vowes
             they
             are
             not
             ;
             neither
             therefore
             doe
             binde
             the
             conscience
             otherwise
             then
             as
             Sampsons
             cords
             ,
             and
             withes
             ,
             which
             he
             may
             breake
             as
             a
             thred
             of
             towe
             .
             Judg.
             16.
             9.
             12.
             
          
           
             But
             as
             for
             true
             vowes
             ;
             certainly
             they
             are
             so
             binding
             ,
             that
             you
             shall
             sin
             
             hainously
             in
             not
             performing
             them
             :
             It
             is
             no
             better
             then
             dishonesty
             to
             faile
             in
             what
             we
             have
             promised
             to
             men
             ;
             but
             to
             disappoint
             God
             in
             our
             vowes
             ,
             is
             no
             lesse
             then
             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
               ;
               then
               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
               vows
               and
               destroy
               the
               work
               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
             overswaying
             difficulty
             of
             the
             times
             what
             is
             to
             be
             done
             ;
             surely
             as
             under
             the
             law
             
               (
               Num.
            
             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
             Gospell
             ,
             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
               yee
               shall
               bind
               on
               earth
               ,
               shall
               be
               bound
               in
               heaven
               ,
               and
               whatsoever
               yee
               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
             safest
             for
             your
             soule
             :
             Thinke
             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
               .
            
             Mala.
             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
             then
             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
             thunderstruck
             with
             direfull
             censures
             of
             Excommunication
             ,
             down
             to
             the
             pit
             of
             hell
             ,
             upon
             pretence
             of
             this
             crime
             ,
             which
             have
             beene
             lesse
             guilty
             then
             their
             Anathematizers
             ?
             And
             even
             amongst
             our selves
             ,
             how
             apt
             we
             are
             to
             brand
             one
             another
             with
             this
             hatefull
             marke
             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
             then
             an
             obstinate
             errour
             against
             the
             foundation
             ;
             All
             truthes
             are
             precious
             ,
             but
             some
             withall
             necessary
             ;
             All
             errours
             are
             
             faulty
             ,
             but
             some
             damnable
             ;
             the
             haynousnesse
             of
             the
             error
             is
             according
             to
             the
             worth
             of
             the
             truth
             impugned
             ;
             There
             are
             Theologicall
             verities
             fit
             for
             us
             to
             know
             and
             beleeve
             ;
             there
             are
             Articles
             of
             Christian
             faith
             needfull
             to
             be
             known
             and
             beleeved
             ;
             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
             pull'd
             off
             from
             the
             roofe
             ,
             but
             if
             the
             foundation
             be
             razed
             ,
             the
             building
             is
             overthrown
             :
             this
             is
             the
             endevour
             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
             countreyman
             Fisher
             the
             Jesuite
             ,
             and
             his
             Associates
             will
             tell
             you
             roundly
             ,
             that
             all
             those
             things
             which
             are
             defined
             by
             the
             Church
             to
             be
             beleeved
             ,
             
             are
             *
             fundamentall
             :
             A
             large
             groundworke
             of
             faith
             :
             Doubtlesse
             the
             Church
             hath
             defined
             all
             things
             contained
             in
             the
             scripture
             ,
             to
             be
             beleeved
             ;
             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
             beleeved
             ;
             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
             then
             others
             ;
             which
             could
             not
             be
             ,
             if
             all
             were
             alike
             fundamentall
             :
             If
             there
             were
             not
             some
             speciall
             Truthes
             ,
             the
             beleefe
             whereof
             makes
             ,
             and
             distinguisheth
             a
             Christian
             ,
             the
             authors
             of
             the
             Creed
             Apostolick
             (
             besides
             the
             
             other
             Symboles
             received
             anciently
             by
             the
             Church
             )
             were
             much
             deceived
             in
             their
             aime
             :
             He
             therefore
             that
             beleeves
             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
             beleeve
             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
             then
             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
             :
             
               Jude
               3.
               
               The
               faith
               that
               was
               once
               delivered
               the
               Salnts
            
             ;
             so
             that
             as
             well
             may
             they
             make
             more
             reiterations
             of
             Baptisme
             ,
             and
             multipliclties
             
             of
             Lords
             ,
             as
             more
             faiths
             then
             one
             :
             some
             explications
             there
             may
             be
             of
             that
             one
             faith
             ,
             made
             by
             the
             Church
             ,
             upon
             occasion
             of
             new-sprung
             errors
             ,
             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
             bind
             further
             then
             God
             hath
             reach't
             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
               bid
               him
               God-speed
            
             ;
             But
             the
             Apostle
             of
             the
             Gentiles
             goes
             
             yet
             higher
             ;
             for
             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
             we
             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
             certainly
             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
             own
             kind
             ;
             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
             Apostles
             wish
             is
             but
             seasonable
             ,
             in
             both
             a
             spirituall
             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 self
             ,
             if
             you
             
             know
             any
             such
             ,
             as
             you
             love
             God
             ,
             and
             your
             soules
             ,
             keepe
             aloof
             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
             is
             it
             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
               laws
               of
               men
               doe
               bind
               the
               conscience
               ;
               and
               how
               far
               we
               are
               tyed
               to
               their
               obedience
               .
            
          
           
             BOth
             these
             extreames
             of
             opinion
             concerning
             this
             point
             must
             needs
             bring
             much
             mischief
             upon
             Church
             and
             Kingdome
             :
             Those
             that
             absolutely
             hold
             such
             a
             power
             in
             humane
             laws
             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
             bind
             the
             conscience
             is
             to
             make
             it
             guilty
             of
             a
             sin
             in
             doing
             an
             act
             fobidden
             ,
             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
             only
             ,
             1
             John
             3.
             21.
             who
             ,
             as
             he
             is
             greater
             then
             the
             Conscience
             ,
             so
             hath
             power
             to
             bind
             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
             bind
             the
             heart
             ,
             then
             they
             can
             
             make
             it
             ;
             In
             vaine
             is
             that
             power
             which
             is
             not
             inabled
             with
             coertion
             ;
             now
             what
             coertion
             can
             any
             humane
             power
             claime
             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
             cry'd
             out
             :
             
               Against
               thee
               onely
               have
               I
               sinned
               :
               Psal
               .
            
             51.
             he
             knew
             that
             sin
             is
             a
             transgression
             of
             the
             law
             ;
             and
             that
             none
             but
             Gods
             law
             can
             make
             a
             fin
             :
             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
             ,
             
             
               Gal.
               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
             yoak
             of
             their
             bondage
             must
             be
             shaken
             off
             ,
             as
             inconsistent
             with
             Christian
             liberty
             ;
             how
             much
             lesse
             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
             bind
             you
             in
             conscience
             to
             obedience
             :
             They
             are
             the
             words
             of
             the
             Apostle
             to
             his
             Romans
             ;
             
               Rom.
               13.
               5.
               
               Wherefore
               ye
               must
               needs
               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
             sin
             ,
             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
             enjoynes
             you
             ,
             God
             enjoynes
             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
             soverainty
             but
             titular
             ,
             no
             obedience
             but
             arbitrary
             ;
             to
             whom
             the
             strongest
             lawes
             ,
             are
             as
             weapons
             to
             the
             
               Leviathan
               ,
               who
               esteemes
               Iron
               as
               straw
               ,
               and
               brasse
               as
               rotten
               wood
               ?
            
             Job
             41.
             27.
             
          
           
             Surely
             had
             they
             not
             first
             cast
             off
             their
             obedience
             to
             him
             that
             is
             higher
             
             then
             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
             owe
             to
             Soveraignty
             ,
             and
             know
             and
             resolve
             to
             obey
             God
             in
             men
             ;
             and
             men
             for
             God.
             
          
           
             You
             see
             then
             how
             requisite
             it
             is
             ,
             that
             you
             walke
             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
             succeeding
             times
             ,
             to
             draw
             that
             stream
             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
            
             ;
             yeelding
             our
             bodies
             to
             
               Cesar
               ,
               Act.
            
             24.
             14.
             reserving
             our
             souls
             for
             God
             :
             tendring
             to
             just
             lawes
             ,
             our
             active
             obedience
             ,
             to
             unjust
             ,
             passive
             .
          
           
             But
             in
             the
             mean
             time
             ,
             farre
             be
             it
             
             from
             us
             to
             draw
             this
             knot
             of
             our
             obligation
             harder
             ,
             and
             closer
             then
             authority
             it selfe
             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
             hourely
             transgressions
             of
             the
             royall
             lawes
             of
             our
             maker
             ;
             but
             woe
             were
             us
             ,
             if
             we
             should
             have
             so
             many
             sinnes
             more
             ,
             as
             we
             breake
             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
             incurre
             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
             therefore
             impose
             a
             mulct
             that
             they
             may
             not
             be
             broken
             ;
             and
             were
             highly
             injurious
             to
             soveraigne
             authority
             ,
             as
             if
             it
             sought
             for
             our
             money
             ,
             not
             our
             obedience
             ,
             and
             cared
             more
             for
             gaine
             ,
             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
             some
             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
             ;
             some
             things
             are
             forbidden
             because
             they
             are
             justly
             
             offensive
             ;
             and
             some
             other
             things
             are
             onely
             therefore
             offensive
             because
             they
             are
             forbidden
             ;
             in
             the
             former
             of
             these
             ,
             we
             must
             yeeld
             our
             carefull
             obedience
             ,
             out
             of
             respect
             even
             to
             the
             duty
             it selfe
             ;
             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
             transgresse
             a
             penall
             law
             ,
             without
             any
             affront
             of
             authority
             or
             scandall
             to
             others
             ,
             our
             submission
             to
             the
             penalty
             frees
             us
             from
             a
             sinfull
             disobedience
             .
          
        
         
           
             CASE
             VII
             .
          
           
             
               Whether
               Tithes
               be
               a
               lawfull
               maintenance
               for
               Ministers
               under
               the
               Gospel
               ;
               and
               whether
               men
               be
               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
             and
             necessary
             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
             therefore
             either
             now
             unlawfull
             ,
             or
             at
             least
             neither
             obligatory
             ,
             nor
             convenient
             .
          
           
             What
             is
             fit
             to
             be
             determined
             in
             a
             businesse
             so
             overagitated
             ;
             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
             corne
             ,
             wine
             ,
             oyle
             ,
             herbes
             ,
             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
             evill
             eye
             that
             gave
             lesse
             then
             the
             sixtieth
             part
             :
             They
             had
             the
             first
             born
             of
             cattle
             ,
             sheep
             ,
             Beeves
             ,
             goates
             ;
             and
             the
             price
             of
             the
             rest
             ,
             upon
             redemption
             :
             even
             the
             first-born
             of
             men
             must
             ransome
             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
             eucharisticall
             they
             had
             the
             brest
             and
             shoulder
             ;
             of
             other
             ,
             the
             shoulder
             ,
             and
             the
             two
             cheeks
             ;
             yea
             the
             very
             burnt-offerings
             afforded
             them
             an
             hide
             :
             Besides
             all
             these
             ;
             all
             the
             males
             were
             to
             appear
             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
             travell
             ,
             and
             no
             one
             of
             these
             which
             came
             up
             might
             appear
             empty-handed
             .
          
           
             What
             doe
             I
             offer
             to
             particularize
             ?
             there
             were
             no
             lesse
             then
             twenty-four
             gifts
             alotted
             to
             the
             Priests
             ,
             expresly
             in
             the
             law
             ;
             the
             severalls
             whereof
             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
             farre
             more
             worthy
             and
             excellent
             then
             the
             other
             :
             Justly
             therefore
             doth
             Saint
             Paul
             argue
             from
             the
             maintenance
             of
             the
             one
             ,
             a
             meet
             proportion
             for
             the
             fit
             sustentation
             of
             the
             other
             ,
             I
             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
             spirituall
             proficiency
             of
             the
             soules
             of
             their
             people
             ;
             the
             secular
             thoughts
             of
             outward
             provisions
             must
             come
             in
             onely
             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
             if
             any
             man
             provide
             not
             for
             his
             own
             ,
             and
             especially
             for
             those
             of
             his
             own
             house
             ,
             he
             hath
             denied
             the
             faith
             ,
             and
             is
             worse
             then
             an
             Infidell
             .
             1
             Tim.
             5.
             8.
             
          
           
             4.
             
             Under
             the
             law
             the
             tenth
             part
             was
             precisely
             allotted
             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
             some
             other
             ,
             or
             left
             it
             arbitrary
             :
             yea
             
             even
             before
             the
             law
             ,
             
               Gen.
               14.
               20.
               
               Abraham
            
             (
             and
             in
             his
             loynes
             Levi
             himself
             )
             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
             finde
             the
             very
             heathen
             nations
             ,
             after
             some
             great
             victory
             atchieved
             ,
             were
             wont
             to
             devote
             still
             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
             some
             great
             crosse
             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
             he
             therefore
             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
             be
             not
             binding
             ,
             (
             since
             Religion
             consisteth
             not
             now
             in
             numbers
             at
             all
             )
             yet
             there
             is
             no
             cause
             why
             Christian
             Kingdomes
             ,
             or
             Common-wealths
             may
             not
             settle
             their
             choice
             upon
             the
             same
             number
             ,
             and
             quantity
             with
             both
             Jewes
             ,
             and
             Gentiles
             .
          
           
             6.
             
             The
             nationall
             lawes
             of
             this
             Kingdome
             have
             set
             out
             the
             same
             pro-Kingdome
             
             have
             set
             out
             the
             same
             proportion
             of
             Tenthes
             for
             this
             purpose
             ;
             If
             therefore
             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
             allotted
             to
             Gods
             ministers
             ,
             there
             can
             be
             no
             reason
             why
             it
             can
             be
             claimed
             ,
             or
             warrantably
             received
             by
             Lay
             persons
             ,
             for
             their
             proper
             use
             and
             behoof
             ;
             so
             as
             this
             practise
             of
             Impropriation
             ,
             which
             was
             first
             set
             on
             foot
             by
             unjust
             and
             sacrilegious
             Bulls
             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
             bequeathed
             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
             he
             addes
             ,
             
               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
             thinke
             to
             put
             it
             off
             ,
             with
             Ambroses
             ,
             mis-pointed
             reading
             ,
             of
             referring
             the
             
               all
               goods
               things
            
             to
             the
             teaching
             (
             a
             conceit
             sensibly
             weak
             ,
             and
             mis-constructive
             :
             )
             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
             cōmunicated
             ,
             what
             is
             excepted
             ?
             All
             ,
             not
             exclusive
             of
             the
             owner
             ;
             but
             imparted
             by
             the
             owner
             ;
             Let
             this
             be
             really
             done
             ,
             there
             will
             be
             no
             reason
             to
             stand
             upon
             the
             Tenths
             .
          
           
             9.
             
             But
             that
             this
             may
             be
             accordingly
             done
             ,
             there
             is
             no
             law
             that
             requires
             a
             meere
             arbitrarinesse
             in
             the
             communicators
             :
             the
             duty
             of
             the
             teacher
             is
             punctually
             set
             downe
             ,
             and
             so
             well
             knowne
             that
             the
             meanest
             of
             the
             people
             can
             check
             him
             with
             his
             neglect
             :
             and
             why
             should
             we
             thinke
             the
             reciprocall
             duty
             of
             the
             hearer
             fit
             to
             be
             left
             loose
             ,
             and
             voluntary
             :
             yet
             such
             
             an
             apprehension
             hath
             taken
             up
             the
             hearts
             of
             too
             many
             Christians
             as
             if
             the
             conttibutions
             to
             their
             ministers
             were
             a
             matter
             of
             meere
             Almes
             ;
             which
             as
             they
             need
             not
             to
             give
             ,
             so
             they
             are
             apt
             ,
             upon
             easie
             displeasures
             ;
             to
             upbraid
             :
             But
             these
             men
             must
             be
             put
             in
             minde
             of
             the
             just
             word
             of
             our
             Saviour
             ;
             
               The
               labourer
               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
             speake
             of
             tithes
             then
             my selfe
             ,
             who
             receive
             none
             ,
             nor
             ever
             shall
             doe
             :
             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
             thinke
             to
             check
             them
             with
             the
             scornfull
             title
             of
             your
             servants
             ;
             servants
             they
             are
             indeed
             ,
             to
             Gods
             Church
             ,
             not
             to
             you
             :
             and
             if
             they
             doe
             stoope
             to
             particular
             services
             for
             the
             good
             of
             your
             soules
             ,
             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
             a
             double
             honour
             ;
             that
             is
             not
             formall
             of
             words
             and
             complements
             ,
             but
             reall
             of
             maintenance
             ;
             which
             he
             laies
             weight
             upon
             his
             Timothy
             to
             enjoyne
             ,
             1
             Tim.
             5.
             17.
             
          
           
             10.
             
             And
             surely
             how
             necessary
             it
             is
             that
             we
             should
             be
             at
             some
             certainty
             
             in
             this
             case
             ,
             and
             not
             left
             to
             the
             meere
             arbitrary
             will
             of
             the
             givers
             ,
             it
             too
             well
             appeares
             in
             common
             experience
             ;
             which
             tells
             us
             how
             ordinary
             it
             is
             ,
             where
             ministers
             depend
             upon
             voluntary
             benevolences
             ,
             if
             they
             doe
             but
             upon
             some
             just
             reproofe
             gall
             the
             conscience
             of
             a
             guilty
             hearer
             ;
             or
             preach
             some
             truth
             which
             dis-relishes
             the
             palate
             of
             a
             prepossessed
             auditor
             ,
             how
             he
             straight
             flies
             out
             ;
             and
             not
             onely
             with-holds
             his
             owne
             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
             easie
             to
             instance
             ,
             but
             charity
             bids
             me
             forbeare
             .
          
           
             Hereupon
             it
             is
             ,
             that
             these
             sportulary
             preachers
             are
             faine
             to
             sooth
             up
             their
             many
             maisters
             ,
             and
             are
             so
             gagged
             with
             the
             fear
             of
             a
             starving
             displeasure
             ,
             that
             they
             dare
             not
             be
             free
             in
             the
             reprehension
             of
             the
             daring
             sins
             of
             
             their
             uncertaine
             benefactors
             ;
             as
             being
             charmed
             to
             speake
             either
             placientia
             or
             nothing
             .
             And
             if
             there
             were
             no
             such
             danger
             in
             a
             faithfull
             and
             just
             freedome
             ,
             yet
             how
             easie
             is
             it
             to
             apprehend
             ,
             that
             if
             even
             when
             the
             lawes
             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
             choice
             ,
             they
             would
             prove
             either
             liberall
             or
             just
             in
             their
             voluntary
             contributions
             ?
          
           
             Howsoever
             therefore
             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
             ,
             and
             in
             the
             primitive
             times
             immediately
             subsequent
             ,
             the
             willing
             forwardnesse
             of
             devout
             people
             tooke
             away
             all
             need
             of
             raising
             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
               be
               lawfull
               for
               Christians
               where
               they
               find
               a
               country
               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
             cruell
             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
             ,
             
               Bartolomaus
               Casa
            
             ,
             then
             from
             my
             Pen.
             
          
           
             He
             can
             tell
             you
             a
             sad
             story
             of
             millions
             of
             those
             poor
             savages
             made
             away
             ,
             to
             make
             roome
             for
             those
             their
             imperious
             successours
             ;
             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
             onely
             peopled
             with
             hogges
             ,
             and
             deer
             ,
             and
             such
             like
             brute
             cattle
             )
             there
             can
             be
             no
             reason
             why
             they
             should
             not
             fall
             to
             the
             first
             occupant
             ;
             but
             where
             the
             land
             hath
             a
             known
             maister
             the
             case
             must
             vary
             :
             
             For
             the
             decision
             whereof
             some
             grounds
             are
             fit
             to
             be
             laid
             .
          
           
             No
             nation
             under
             heaven
             but
             hath
             some
             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
             ,
             evill
             spirits
             :
             and
             that
             religion
             wherein
             they
             were
             bred
             ,
             (
             through
             an
             invincible
             ignorance
             of
             better
             )
             they
             esteeme
             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
             spirituall
             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
             himself
             ,
             though
             both
             as
             God
             ,
             and
             as
             Mediator
             ,
             the
             whole
             world
             were
             his
             ,
             yet
             he
             tells
             
             
               Pilate
               ,
               My
               Kingdom
               is
               not
               of
               this
               world
            
             ;
             neither
             did
             he
             (
             though
             the
             Lord
             Paramount
             of
             this
             whole
             earth
             )
             by
             vertue
             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
             bebarre
             any
             man
             from
             a
             rightfull
             claime
             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
             stubborne
             unbeliefe
             ,
             but
             these
             savages
             have
             never
             had
             the
             least
             overture
             of
             any
             saving
             helps
             towards
             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
             seeme
             hard
             to
             us
             ,
             that
             an
             inundation
             of
             Pagans
             should
             (
             as
             heretofore
             it
             hath
             done
             )
             break
             in
             upon
             us
             ,
             and
             drive
             us
             out
             of
             our
             native
             possessions
             ,
             how
             could
             it
             seeme
             lesse
             unjust
             in
             us
             to
             them
             ?
          
           
             Their
             Idolatries
             ,
             and
             sins
             against
             nature
             are
             haynous
             and
             abominable
             ;
             and
             such
             as
             for
             which
             God
             of
             old
             
             condemned
             the
             seven
             nations
             to
             an
             utter
             extirpation
             ;
             But
             what
             commission
             have
             we
             for
             their
             punishment
             ?
             Could
             we
             show
             such
             a
             patent
             in
             this
             case
             as
             the
             Israelites
             had
             for
             their
             warres
             against
             Amalek
             ,
             and
             those
             neighbouring
             heathens
             ,
             all
             were
             sure
             :
             But
             you
             know
             who
             said
             ,
             
               What
               have
               I
               to
               doe
               to
               judge
               them
               that
               are
               without
               ?
            
             1
             Cor.
             5.
             12.
             
             And
             if
             he
             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
             warre
             which
             is
             by
             Christians
             made
             against
             Infidels
             ,
             that
             they
             being
             brought
             under
             subjection
             ,
             the
             Gospell
             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
             maine
             question
             was
             disputed
             by
             Spanish
             and
             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
             incouragement
             of
             this
             holy
             invasion
             ,
             a
             Dialogue
             ,
             which
             he
             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
             upon
             ,
             by
             the
             Divines
             both
             of
             Italy
             and
             Spaine
             ;
             amongst
             these
             latter
             ,
             the
             Doctors
             of
             Salamanca
             ,
             adde
             the
             Completenses
             ;
             and
             above
             them
             
               Antonius
               Ramirus
            
             Bishop
             of
             Segovia
             fall
             foul
             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
             show
             ,
             if
             it
             were
             as
             needfull
             :
             But
             to
             make
             the
             matter
             good
             ,
             he
             thinkes
             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
             *
             
               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
             ,
             and
             rules
             of
             proceedings
             herein
             ,
             as
             might
             be
             ,
             in
             such
             a
             case
             ,
             justifiable
             :
             to
             which
             grave
             and
             solid
             discourse
             of
             his
             ,
             you
             may
             ,
             if
             you
             please
             ,
             be
             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
             country
             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
             nature
             ;
             By
             which
             law
             it
             is
             every
             where
             held
             an
             inhumane
             thing
             to
             offer
             ill
             measure
             to
             a
             stranger
             .
             It
             is
             the
             argument
             that
             righteous
             Lot
             used
             to
             the
             worst
             of
             Pagans
             ,
             the
             
               Sodomites
               ;
               Onely
               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
             travell
             whither
             they
             pleased
             ,
             surely
             ,
             that
             partition
             was
             never
             intended
             to
             warrant
             a
             restraint
             :
             And
             if
             nature
             have
             made
             the
             Sea
             and
             all
             the
             In-lets
             of
             it
             common
             ,
             it
             were
             very
             injurious
             to
             abridge
             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
             commodities
             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
             commers
             :
             And
             if
             those
             Pagans
             shall
             oppose
             us
             in
             so
             warrantable
             courses
             ,
             it
             will
             be
             meet
             for
             us
             to
             tender
             them
             all
             faire
             satisfaction
             ;
             perswading
             them
             that
             we
             intend
             no
             harme
             or
             prejudice
             to
             them
             in
             their
             persons
             ,
             or
             estate
             ;
             but
             much
             good
             to
             both
             ;
             labouring
             
             to
             win
             them
             by
             all
             courteous
             demeanure
             ;
             But
             if
             they
             shall
             fly
             out
             ,
             notwithstanding
             all
             our
             kind
             indevours
             ,
             into
             a
             violent
             opposition
             of
             us
             ;
             setting
             upon
             us
             in
             a
             hostile
             manner
             ,
             offering
             to
             cut
             our
             throats
             in
             so
             unjust
             a
             quarrell
             ,
             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
             warre
             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
             suspition
             of
             a
             strange
             nation
             shal
             arme
             them
             against
             
             us
             ;
             our
             care
             must
             be
             so
             to
             manage
             our
             own
             defence
             ,
             as
             may
             be
             least
             offensive
             to
             them
             ;
             and
             therefore
             we
             may
             not
             take
             this
             occasion
             of
             killing
             their
             persons
             ,
             or
             sacking
             their
             townes
             ,
             or
             depopulating
             their
             countries
             ;
             for
             that
             in
             this
             case
             they
             are
             no
             other
             then
             innocent
             .
          
           
             If
             after
             all
             gentle
             intreaties
             ,
             courteous
             usages
             ,
             and
             harmlesse
             selfe-defence
             ,
             they
             shall
             persist
             in
             a
             malicious
             hostility
             ,
             and
             can
             by
             no
             means
             be
             reclaimed
             from
             their
             impetuous
             onsets
             ;
             there
             is
             now
             just
             cause
             not
             to
             deale
             with
             them
             as
             innocents
             ,
             but
             as
             enemies
             :
             and
             therefore
             to
             proceed
             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
             we
             
             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
             we
             could
             approve
             to
             God
             ,
             and
             our
             consciences
             ,
             that
             this
             is
             our
             maine
             motive
             and
             principall
             drift
             in
             our
             westerne
             plantations
             ;
             but
             how
             little
             appearance
             there
             is
             of
             this
             holy
             care
             and
             indevour
             ,
             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
             doe
             not
             freely
             permit
             (
             but
             goe
             about
             to
             hinder
             )
             the
             preaching
             of
             the
             Gospell
             ,
             to
             raise
             warre
             against
             them
             ;
             as
             if
             he
             would
             have
             them
             cudgelled
             into
             Christianity
             :
             surely
             this
             is
             not
             the
             way
             :
             It
             is
             for
             Mahumetans
             to
             professe
             planting
             religion
             by
             the
             sword
             ;
             it
             is
             not
             for
             Christians
             ;
             It
             is
             a
             just
             clause
             therefore
             ,
             that
             he
             puts
             in
             ,
             that
             the
             slaughters
             hereupon
             raised
             may
             rather
             prove
             an
             hinderance
             to
             the
             conversion
             of
             the
             savages
             ,
             as
             indeed
             it
             fell
             out
             ;
             the
             poore
             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
             Spaniards
             were
             there
             .
          
           
           
             The
             way
             then
             to
             plant
             the
             Gospell
             of
             Christ
             successefully
             among
             those
             Barbarous
             soules
             ,
             must
             be
             onely
             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
             and
             all
             other
             Christian
             vertues
             ;
             and
             when
             they
             are
             thus
             won
             to
             a
             likeing
             of
             our
             persons
             ,
             and
             carriage
             ,
             they
             will
             be
             then
             well
             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
             bosomes
             :
             and
             thinke
             themselves
             blessed
             in
             our
             society
             ,
             and
             cohabitation
             :
             Loe
             this
             is
             the
             true
             way
             of
             Christian
             conquests
             .
             ;
             
             wherein
             I
             know
             not
             whether
             shall
             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
               foul
               sin
               committed
               by
               me
               ,
               to
               have
               recourse
               to
               Gods
               Minister
               for
               absolution
               ;
               and
               what
               effect
               I
               may
               expect
               there-from
               .
            
          
           
             A
             Meane
             would
             doe
             well
             betwixt
             two
             extremes
             ;
             the
             carelesse
             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
             spirituall
             
             guides
             :
             there
             can
             be
             no
             safety
             for
             the
             soul
             ,
             but
             in
             a
             mid-way
             betwixt
             both
             these
             .
          
           
             At
             whose
             girdle
             the
             keyes
             of
             the
             kingdome
             of
             heaven
             doe
             hang
             ,
             me
             thinkes
             we
             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
             and
             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
             vertue
             of
             his
             first
             and
             everlasting
             commission
             ,
             two
             keyes
             delivered
             in
             his
             hand
             ;
             they
             key
             of
             knowledge
             ,
             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
             ingenuous
             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
             sinne
             ,
             or
             free
             it
             from
             sin
             :
             these
             keyes
             were
             never
             given
             him
             ,
             but
             with
             an
             intention
             that
             he
             should
             make
             use
             of
             them
             upon
             just
             occasion
             .
             The
             use
             that
             he
             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
             sinnes
             to
             the
             humble
             penitent
             ,
             and
             denouncing
             judgement
             to
             the
             unbeleeving
             ,
             and
             obdured
             sinner
             :
             In
             which
             regard
             ,
             he
             is
             as
             the
             Herald
             of
             the
             Almighty
             ,
             proclaiming
             war
             and
             just
             indignation
             to
             the
             obstinate
             ;
             and
             tendring
             tearmes
             of
             pardon
             and
             peace
             to
             the
             relenting
             and
             contrite
             soul
             :
             or
             rather
             ,
             as
             the
             Apostle
             stiles
             him
             ,
             2
             Cor.
             5.
             20.
             
             Gods
             Ambassadour
             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
             aide
             and
             comfort
             it
             may
             bring
             unto
             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
             sinne
             ,
             or
             no
             sinne
             ;
             for
             both
             many
             sinnes
             are
             so
             guilded
             over
             with
             faire
             pretences
             and
             colourable
             circumstances
             ,
             that
             they
             are
             not
             to
             be
             descryed
             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
             himselfe
             hath
             said
             by
             his
             Prophet
             ,
             
               The
               Priests
               lips
               should
               keep
               knowledge
               ;
               and
               they
               should
               seek
               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
             case
             unto
             it selfe
             seekes
             for
             aid
             to
             the
             sacred
             hand
             of
             Gods
             Penitentiary
             here
             on
             earth
             :
             and
             there
             may
             finde
             it
             ;
             This
             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
               be
               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.
             
             
               He
               shall
               pray
               unto
               God
               ;
               and
               he
               will
               be
               favourable
               unto
               him
               ;
               and
               he
               shall
               see
               his
               face
               with
               joy
               .
            
             In
             case
             of
             some
             dangerous
             sicknesse
             of
             the
             body
             we
             trust
             not
             our
             own
             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
             onely
             to
             make
             use
             of
             our
             own
             receits
             :
             And
             so
             in
             civil
             quarrels
             ;
             if
             it
             be
             only
             some
             sleight
             brabble
             ,
             we
             thinke
             to
             compose
             it
             alone
             ;
             but
             if
             it
             be
             some
             maine
             question
             importing
             our
             freehold
             ,
             we
             are
             glad
             to
             waite
             on
             the
             staires
             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
             therefore
             embroyled
             within
             you
             ,
             with
             the
             guilt
             of
             some
             hainous
             sin
             ?
             labour
             what
             you
             may
             to
             make
             your
             peace
             with
             heaven
             ;
             humble
             your selfe
             unto
             the
             dust
             before
             the
             Majesty
             whom
             you
             have
             offended
             ;
             
             beat
             your
             guilty
             brest
             ,
             water
             your
             cheeks
             with
             your
             teares
             ;
             and
             cry
             mightily
             to
             the
             father
             of
             mercies
             for
             a
             gracions
             remission
             ;
             but
             if
             after
             all
             these
             penitent
             indevours
             you
             finde
             your
             soule
             still
             unquiet
             ,
             and
             not
             sufficiently
             apprehensive
             of
             a
             free
             and
             full
             forgivenesse
             ,
             betake
             your selfe
             to
             Gods
             faithfull
             Agent
             for
             peace
             ;
             run
             to
             your
             ghostly
             Physitian
             ,
             lay
             your
             bosome
             open
             before
             him
             ;
             flatter
             not
             your
             owne
             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
             fulnesse
             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
               onely
               ?
            
             Mar.
             2.
             6.
             
             Our
             Saviour
             therefore
             to
             prove
             that
             he
             had
             this
             power
             ,
             argues
             it
             from
             his
             divine
             omnipotence
             ;
             
               He
               onely
               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
               sinnes
               be
               forgiven
               thee
            
             :
             (
             ver
             .
             10.
             )
             Indeed
             ,
             how
             can
             it
             be
             otherwise
             ?
             Against
             God
             onely
             is
             our
             sin
             committed
             ;
             against
             man
             onely
             in
             the
             relation
             that
             man
             hath
             to
             God
             ;
             He
             onely
             can
             know
             the
             depth
             of
             the
             malignity
             of
             sin
             ,
             who
             onely
             knowes
             the
             soule
             wherein
             it
             is
             forged
             ;
             He
             onely
             who
             is
             Lord
             of
             the
             soule
             ,
             the
             God
             of
             spirits
             ,
             can
             punish
             the
             soule
             for
             sinning
             ;
             
             He
             onely
             that
             is
             infinite
             can
             doome
             the
             sinfull
             soule
             to
             infinite
             torments
             ;
             He
             onely
             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
             sinne
             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
               sinnes
               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
             onely
             ,
             but
             in
             them
             to
             all
             their
             faithfull
             successors
             to
             the
             end
             of
             the
             world
             .
          
           
             It
             cannot
             therefore
             but
             be
             granted
             ,
             that
             there
             is
             some
             kind
             of
             power
             left
             in
             the
             hand
             of
             Christs
             ministers
             ,
             both
             to
             remit
             and
             retaine
             sinne
             :
             Neither
             is
             this
             power
             given
             onely
             to
             the
             Governours
             
             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
             soveraigne
             and
             absolute
             ,
             but
             limitted
             and
             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
             onely
             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
             vertue
             of
             that
             delegate
             ,
             or
             commissionary
             authority
             ,
             which
             is
             by
             Christ
             entrusted
             with
             them
             :
             For
             certainly
             ,
             our
             Saviour
             meant
             in
             these
             words
             to
             conferre
             somewhat
             upon
             his
             Ministers
             ,
             more
             then
             the
             rest
             of
             the
             world
             should
             be
             capable
             to
             receive
             ,
             or
             performe
             ,
             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
             vertue
             is
             derived
             to
             all
             his
             ordinances
             :
             and
             we
             may
             well
             say
             ,
             that
             whatsoever
             is
             in
             this
             case
             ,
             done
             by
             Gods
             minister
             (
             the
             Key
             not
             erring
             )
             is
             ratified
             in
             heaven
             :
             It
             cannot
             therefore
             but
             be
             a
             great
             comfort
             ,
             and
             cordiall
             assurance
             to
             the
             penitent
             soule
             ,
             to
             heare
             the
             messenger
             of
             God
             (
             after
             a
             carefull
             inquisition
             into
             his
             spiritual
             estate
             and
             true
             sight
             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
             private
             affection
             without
             any
             warrant
             from
             above
             ;
             how
             forcible
             shall
             we
             esteeme
             
             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
             knowledge
             and
             resolution
             ,
             as
             to
             be
             able
             to
             give
             your selfe
             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
             either
             strangenesse
             ,
             or
             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
             goe
             not
             about
             to
             rack
             your
             consciences
             to
             a
             forced
             ,
             and
             exquisite
             confession
             ,
             under
             the
             pain
             of
             a
             no
             remission
             ;
             but
             we
             perswade
             you
             for
             your
             own
             good
             ,
             to
             be
             more
             intimate
             with
             ,
             and
             lesse
             reserved
             from
             ,
             those
             whom
             God
             hath
             set
             over
             you
             for
             your
             direction
             ,
             comfort
             ,
             salvation
             .
          
        
         
           
             CASE
             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
               laick
               person
               ,
               to
               take
               upon
               him
               to
               interpret
               the
               Scripture
               .
            
          
           
             MAny
             distinct
             considerations
             had
             need
             to
             make
             way
             to
             the
             answer
             .
          
           
             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
             farre
             more
             large
             then
             the
             other
             ;
             every
             man
             that
             preacheth
             ,
             interpreteth
             the
             Scripture
             ;
             but
             every
             one
             that
             interprets
             Scripture
             ,
             doth
             not
             preach
             :
             To
             interpret
             Scripture
             is
             onely
             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
             sinne
             ,
             and
             denounce
             judgment
             against
             sinners
             ;
             to
             lay
             forth
             the
             sweet
             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
               sufficient
               for
               these
               things
               ?
            
          
           
             Secondly
             ,
             it
             must
             be
             considered
             in
             what
             nature
             ,
             and
             within
             what
             compasse
             the
             interpretation
             is
             ;
             for
             doubtlesse
             the
             just
             degrees
             of
             callings
             must
             
             be
             herein
             duely
             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
             worke
             )
             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
             yeares
             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
             propogation
             of
             the
             Gospell
             ,
             we
             need
             no
             other
             witnesse
             then
             S.
             Jerome
             ;
             who
             hath
             memoriz'd
             amongst
             the
             primitive
             Christians
             ,
             
               Aristides
               ,
               Agrippa
               ,
               Hegesippus
               ,
               Justin
               ,
               Musunus
               ,
               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
               ,
               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
             
               Casaubons
               ,
               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
             be
             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
             therefore
             must
             be
             taken
             that
             the
             interpretation
             given
             be
             every
             way
             conforme
             to
             the
             Analogy
             of
             faith
             ,
             and
             fully
             accordant
             to
             other
             Scripture
             ;
             the
             neglect
             whereof
             ,
             through
             either
             ignorance
             or
             mesprision
             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
             ,
             
               He
               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
             instantany
             and
             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
             severall
             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
             subtilties
             have
             been
             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
             onely
             to
             signifie
             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
             8.
             22.
             where
             Wisdome
             is
             brought
             in
             
             (
             by
             the
             mistaking
             of
             some
             ancients
             )
             to
             say
             ,
             *
             
               The
               Lord
               created
               me
            
             (
             in
             stead
             of
             
               possessed
               me
               )
               in
               the
               beginning
               of
               his
               may
               ,
               before
               his
               workes
               of
               old
               ,
            
             is
             more
             worthy
             of
             indignation
             ,
             then
             any
             further
             prosecution
             .
             But
             most
             pregnant
             and
             notable
             is
             the
             grosse
             mes-prison
             of
             a
             late
             famous
             school-man
             ,
             
               Franciscus
               d'Arriba
            
             ,
             Confessor
             to
             the
             late
             Queen
             Mother
             of
             France
             ,
             who
             to
             maintaine
             that
             new
             way
             of
             reconciling
             that
             scholasticall
             difference
             among
             the
             Roman
             doctors
             ,
             concerning
             the
             effectual
             aide
             of
             Divine
             Grace
             ,
             depending
             or
             not
             depending
             upon
             free
             will
             ,
             (
             about
             which
             he
             had
             sixty
             dayes
             disputation
             with
             Cardinall
             Ascoly
             and
             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
             ,
             and
             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
             Spaine
             ,
             in
             the
             maintenance
             of
             his
             novel
             opinions
             against
             Fathers
             and
             Councels
             ,
             pressed
             against
             him
             ,
             stands
             upon
             his
             defence
             ,
             out
             of
             the
             Synod
             of
             
               Constantinople
               ,
               Act.
            
             5.
             grounded
             upon
             the
             *
             words
             of
             
             mis-called
             ,
             
               Solomon
               ;
               Beatus
               qui
               praedicat
               verbum
               inauditum
            
             ;
             corrupting
             both
             the
             Text
             and
             the
             Councell
             ;
             whereas
             it
             should
             be
             read
             ,
             
               verbum
               inauditum
               obedientis
            
             :
             and
             the
             Councell
             hath
             it
             aright
             ,
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             :
             )
             as
             ours
             turnes
             it
             likewise
             ,
             
               well
               is
               he
               that
               speaketh
               in
               the
               eares
               of
               them
               that
               will
               hear
               :
            
             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 selfe
             ;
             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
             ;
             and
             this
             Word
             of
             God
             is
             the
             Sun
             that
             gives
             us
             light
             to
             see
             it selfe
             Externall
             ;
             where
             it
             will
             
             be
             needfull
             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
             moderne
             Doctors
             ;
             and
             thirdly
             ,
             a
             due
             regard
             of
             those
             golden
             rules
             of
             Interpreting
             ;
             which
             are
             recommended
             to
             posterity
             by
             the
             learned
             pennes
             of
             Clemens
             of
             
               Alexandria
               ,
               Hierome
               ,
               Augustine
               ,
               Gerson
               ,
               Hyperius
               ,
               Illyricus
               ,
               Jacobus
               Matthias
               ,
            
             and
             others
             ;
             which
             ,
             as
             meet
             for
             a
             volume
             apart
             ,
             may
             not
             expect
             to
             find
             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
             ,
             we
             may
             well
             conceive
             ,
             when
             great
             Clerkes
             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
             ,
             he
             went
             immediately
             out
             ;
             *
             
               Et
               erat
               nox
            
             ;
             and
             it
             was
             night
             ;
             puts
             both
             together
             as
             spoken
             of
             Judas
             ;
             He
             (
             faith
             he
             )
             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
             traitorous
             wickednesse
             ,
             &c.
             
          
           
             What
             worke
             †
             Bernard
             ,
             (
             who
             shewed
             in
             this
             ,
             that
             he
             saw
             not
             all
             things
             )
             makes
             of
             the
             
               Domonium
               meridianum
            
             ,
             the
             noone-day-Devill
             ,
             in
             one
             of
             his
             Sermons
             ,
             is
             evident
             to
             be
             seene
             ;
             yet
             had
             he
             beene
             as
             well
             seene
             in
             language
             as
             he
             was
             fervent
             in
             his
             devotion
             ;
             he
             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
             descants
             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
             wild
             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
             need
             to
             be
             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
             pathes
             of
             danger
             had
             need
             to
             have
             his
             eyes
             about
             him
             ;
             an
             hoodwinkt
             man
             may
             easily
             be
             carried
             against
             a
             post
             :
             and
             he
             that
             hath
             not
             light
             enough
             to
             see
             his
             owne
             way
             ,
             had
             need
             to
             take
             heed
             whom
             he
             trusts
             :
             He
             that
             would
             blind-fold
             follow
             those
             very
             interpretations
             which
             the
             Church
             of
             Rome
             hath
             commended
             
             for
             authenticall
             ,
             would
             run
             into
             foule
             and
             dangerous
             absur
             dities
             :
             let
             me
             single
             out
             some
             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
             loines
             ;
             and
             that
             David
             was
             of
             the
             house
             of
             Judah
             :
             the
             Septuagint
             rightly
             turnes
             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
             Kingdome
             ;
             whereas
             the
             originall
             is
             by
             Estius
             his
             owne
             confession
             ,
             Festinabat
             ,
             as
             we
             also
             turne
             it
             ,
             
               David
               made
               hast
               to
               get
               away
               &c.
               
            
             1
             Sam.
             23.
             26.
             
             He
             that
             should
             finde
             it
             reported
             of
             one
             of
             the
             sonnes
             of
             
               Er
               ,
               Qui
               stare
               fecit
               solem
               ,
            
             (
             he
             that
             made
             the
             sun
             to
             stand
             still
             )
             would
             justly
             wonder
             what
             kinde
             of
             man
             this
             was
             ,
             that
             had
             been
             so
             long
             obscured
             from
             the
             world
             ,
             and
             yet
             should
             have
             done
             so
             strange
             a
             miracle
             as
             never
             was
             done
             but
             by
             
               Joshua
               ;
               (
               1
               Chron.
            
             4.
             22.
             
             )
             whereas
             he
             that
             lookes
             into
             the
             text
             ,
             shall
             finde
             no
             mention
             at
             all
             of
             the
             Sunne
             ;
             but
             onely
             of
             the
             meere
             proper
             name
             of
             Jochim
             the
             sonne
             of
             Er.
             
          
           
             He
             that
             shall
             read
             in
             Job
             ,
             where
             God
             speakes
             of
             the
             
               Leviathan
               ;
               Cum
               sublatus
               fuerit
            
             (
             i.
             
               Leviathan
               )
               timebunt
               Angeli
               et
               territi
               purgabuntur
               ;
               when
               he
               raiseth
               up
               himselfe
               the
               Angels
               shall
               feare
               ,
               and
               being
               terrified
               shall
               be
               
               purged
            
             ;
             Job
             41.
             25.
             would
             sure
             thinke
             this
             Whale
             were
             the
             Devill
             ,
             (
             as
             some
             ancients
             have
             mistaken
             him
             )
             and
             may
             well
             wonder
             how
             the
             good
             Angels
             (
             being
             celestiall
             spirits
             )
             could
             be
             capable
             of
             feare
             ;
             or
             how
             the
             evill
             Angels
             could
             be
             capable
             of
             purging
             :
             when
             the
             text
             hath
             no
             men●ion
             ,
             nor
             thought
             of
             *
             Angels
             ;
             but
             onely
             signifying
             the
             strength
             and
             terriblenesse
             of
             the
             Whale
             expresses
             it
             in
             these
             words
             ;
             
               When
               he
               raiseth
               up
               himselfe
               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
             he
             went
             after
             Chamosh
             the
             God
             of
             the
             Moabites
             ,
             shall
             adde
             one
             Idol
             more
             to
             him
             then
             we
             finde
             him
             guilty
             of
             .
             Solomon
             was
             in
             his
             holy
             and
             
             regular
             times
             ,
             1
             King.
             4.
             32.
             full
             of
             heavenly
             meditations
             ,
             and
             divine
             ditties
             :
             but
             he
             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
             ,
             he
             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
             fell
             in
             love
             with
             him
             .
          
           
             He
             that
             should
             finde
             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
             onely
             tells
             us
             that
             he
             fell
             downe
             stripped
             of
             his
             wonted
             clothes
             .
             
          
           
           
             He
             that
             should
             find
             in
             the
             Vulgar
             ,
             
               Psal
               .
               71.
               5.
               
               David
            
             reporting
             of
             himself
             
               [
               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
             and
             blessings
             of
             God
             upon
             him
             have
             been
             so
             many
             ,
             that
             he
             knows
             not
             the
             numbers
             thereof
             .
          
           
             He
             that
             should
             find
             the
             seven
             Angels
             in
             the
             Revelation
             
               Vestitos
               lapide
               ;
               clothed
               with
               stone
            
             †
             ,
             Rev.
             15.
             6.
             would
             sure
             think
             them
             buried
             ;
             whereas
             the
             Text
             is
             ,
             
               clothed
               in
               pure
               white
               linnen
            
             .
          
           
             And
             what
             doe
             you
             imagine
             would
             a
             plaine
             reader
             think
             of
             that
             charge
             of
             the
             wise
             man
             ;
             
               Noli
               velle
               mentiri
               omne
               mendacium
               ;
               Be
               not
               willing
               to
               lie
               all
               manner
               of
               lies
               ,
               Ecclus.
            
             7.
             would
             he
             
             not
             straight
             say
             :
             some
             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
               lies
               .
            
          
           
             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
             hs
             reades
             ;
             
               Omnes
               quidem
               resurgemus
               ,
               sed
               non
               omnes
               immutabimur
               ;
               We
               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
             onely
             changed
             ?
             Whereas
             the
             just
             sense
             runnes
             according
             to
             our
             *
             Version
             ,
             
               We
               shall
               not
               all
               sleep
               ,
               but
               we
               shall
               all
               be
               changed
               .
            
             For
             those
             that
             are
             found
             alive
             at
             our
             Saviours
             second
             comming
             shall
             not
             sleep
             in
             death
             ;
             yet
             both
             they
             and
             the
             formerly
             dead
             must
             undergo
             a
             change
             .
          
           
           
             I
             could
             utterly
             weary
             you
             with
             instances
             ;
             How
             must
             he
             that
             reades
             the
             Apoeryphall
             Ecclesiasticus
             ,
             needs
             say
             that
             this
             man
             (
             how
             obscure
             soever
             in
             his
             authority
             )
             saw
             more
             and
             clearer
             then
             all
             the
             acknowledged
             Prophets
             of
             the
             Old
             Testament
             ;
             for
             he
             hath
             foretold
             us
             expresly
             the
             very
             name
             of
             our
             Lord
             Jesus
             which
             none
             of
             them
             ever
             before
             hand
             published
             :
             For
             he
             
               (
               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
             onely
             this
             ;
             
               God
               by
               his
               counsell
               appeaseth
               the
               deep
               ,
               and
               planteth
               Islands
               therein
            
             ;
             But
             I
             forbear
             ,
             onely
             if
             you
             have
             too
             much
             leasure
             ,
             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
             and
             injudicious
             person
             to
             meddle
             with
             the
             holy
             Oracles
             of
             the
             Almighty
             .
          
           
             The
             conclusion
             then
             must
             be
             ,
             that
             however
             it
             may
             be
             lawfull
             for
             the
             eminently
             learned
             ,
             either
             in
             schooles
             or
             families
             ,
             (
             according
             as
             their
             calling
             may
             warrant
             them
             )
             to
             interpret
             even
             difficult
             Scriptures
             ,
             and
             to
             untie
             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
             owne
             souls
             ,
             and
             others
             ;
             I
             should
             therefore
             advise
             that
             this
             may
             be
             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
             clearly
             in
             the
             sacred
             Word
             of
             God
             )
             to
             informe
             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
             shall
             receive
             from
             their
             well-digested
             instructions
             ,
             then
             to
             relie
             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
             Saorament
             ,
             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
             
             and
             in
             the
             *
             law
             civil
             there
             is
             the
             like
             permission
             ,
             although
             under
             certaine
             conditions
             ;
             and
             particularly
             in
             an
             utter
             exigency
             ,
             
               Victus
               causa
            
             ;
             To
             the
             latter
             whereof
             ,
             some
             †
             Expositors
             hold
             so
             strictly
             ,
             as
             that
             they
             will
             not
             admit
             this
             to
             be
             done
             for
             the
             redemption
             of
             the
             parent
             from
             death
             ,
             or
             perpetuall
             bondage
             ;
             but
             onely
             to
             preserve
             him
             from
             affamishing
             :
             wherein
             certainly
             they
             are
             over-strait
             laced
             ,
             and
             too
             much
             wedded
             to
             syllables
             ;
             it
             being
             questionlesse
             the
             intention
             of
             the
             law
             to
             comprehend
             all
             equally-pressing
             necessities
             ;
             to
             which
             they
             adde
             that
             this
             must
             be
             onely
             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
             yeelds
             
             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
             be
             in
             the
             child
             to
             neglect
             his
             parents
             in
             finally
             bestowing
             himselfe
             ;
             And
             if
             we
             look
             into
             the
             positive
             law
             of
             †
             God
             ,
             we
             shal
             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
             childe
             made
             to
             God
             himselfe
             .
          
           
             Neither
             doe
             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
             vowes
             onely
             are
             in
             the
             mercy
             of
             the
             father
             ,
             which
             may
             be
             prejudiciall
             to
             the
             government
             of
             the
             family
             ,
             and
             paternall
             power
             ;
             which
             is
             sufficient
             for
             my
             purpose
             in
             the
             question
             in
             hand
             .
          
           
           
             And
             although
             those
             Casuists
             doe
             sufficiently
             dote
             upon
             their
             *
             Monkery
             ,
             and
             the
             vowes
             thereunto
             appertaining
             ;
             yet
             they
             ascribe
             so
             much
             to
             the
             bond
             of
             filiall
             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
             he
             might
             be
             likely
             by
             his
             coming
             forth
             to
             be
             aidfull
             to
             his
             said
             parents
             ,
             is
             guilty
             of
             a
             sin
             against
             the
             fifth
             Commandement
             :
             so
             as
             even
             with
             them
             ,
             the
             respect
             to
             a
             parent
             ought
             to
             over-weigh
             a
             vow
             of
             religion
             ;
             although
             consummate
             by
             a
             solemne
             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
             Gospell
             .
          
           
           
             
               If
               any
               man
               thinke
               that
               he
               behaveth
               himselfe
               uncomely
               towards
               his
               virgin
               if
               she
               passe
               the
               floure
               of
               her
               age
               ,
               and
               need
               so
               require
               ,
               let
               him
               doe
               what
               he
               will
               ;
               he
               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
             superiour
             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
             cast
             her
             against
             her
             minde
             upon
             a
             dis-affected
             match
             ;
             No
             ,
             that
             God
             who
             disposeth
             all
             things
             sweetly
             ,
             would
             have
             us
             
             doe
             so
             too
             ;
             he
             allowes
             parents
             to
             be
             rulers
             of
             their
             children
             ,
             but
             not
             tyrannes
             :
             what
             they
             doe
             therefore
             in
             this
             kinde
             ,
             must
             be
             more
             by
             counsaile
             ,
             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
             containing
             ,
             must
             the
             parent
             either
             keep
             his
             virgin
             ,
             or
             labour
             for
             the
             provision
             of
             a
             meet
             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
             follows
             ,
             whiles
             the
             godless
             ,
             whether
             out
             of
             impetuous
             lust
             ,
             or
             stubborn
             disobedience
             ,
             affect
             with
             
               Esau
               ,
               Gen.
            
             28.
             6
             ,
             7
             ,
             8.
             to
             be
             their
             own
             purveyours
             ,
             to
             the
             great
             regret
             ,
             and
             
             heart-breaking
             of
             their
             parents
             .
          
           
             Lastly
             ,
             the
             latitude
             that
             S.
             Paul
             gives
             of
             the
             liberty
             of
             marriage
             to
             all
             Christians
             is
             ,
             
               Tantum
               in
               Domino
               ;
               onely
               in
               the
               Lord
               ;
               1.
               
               Cor.
            
             7.
             39.
             
             Now
             how
             can
             that
             marriage
             be
             in
             the
             Lord
             ,
             which
             is
             against
             him
             ?
             and
             how
             can
             that
             be
             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
             be
             more
             contrary
             to
             the
             honour
             and
             obedience
             due
             to
             Parents
             ,
             then
             to
             neglect
             them
             in
             the
             maine
             businesse
             that
             concernes
             our
             lives
             ?
             And
             what
             businesse
             can
             concerne
             our
             life
             so
             much
             ,
             as
             the
             choice
             of
             a
             meet
             partner
             ,
             with
             whom
             we
             may
             comfortably
             wear
             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
             child
             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
             forborne
             ;
             as
             when
             the
             child
             either
             by
             generall
             permission
             ,
             or
             former
             elocation
             shall
             be
             out
             of
             the
             Parents
             disposing
             ,
             or
             where
             the
             parent
             is
             defective
             in
             his
             intellectualls
             ,
             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
             strain
             ;
             or
             shall
             upon
             other
             by-occasions
             wilfully
             stand
             upon
             so
             unreasonable
             termes
             ,
             that
             neither
             friends
             nor
             authority
             can
             over-rule
             him
             ;
             But
             where
             these
             or
             the
             like
             preponderating
             exceptions
             do
             not
             intervene
             ,
             the
             child
             cannot
             without
             sin
             balk
             the
             Parents
             consent
             to
             his
             choice
             in
             marriage
             .
          
           
           
             But
             though
             such
             marriages
             without
             ,
             or
             against
             consent
             ,
             be
             not
             lawfully
             made
             ;
             yet
             being
             once
             made
             ;
             they
             are
             valid
             .
             *
             The
             civill
             law
             ,
             out
             of
             the
             grounds
             of
             policy
             ,
             goes
             herein
             too
             farre
             ,
             which
             sentenceth
             those
             marriages
             void
             ,
             which
             are
             made
             without
             the
             consent
             of
             Parents
             ,
             or
             Guardians
             ;
             but
             as
             Matrimony
             hath
             something
             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
             leasure
             to
             afflict
             them
             ,
             no
             power
             to
             relieve
             them
             .
          
        
         
           
           
             CASE
             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
               .
            
          
           
             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
             clear
             and
             full
             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
             finde
             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
             ,
             and
             once
             saw
             ,
             a
             licentious
             Pamphlet
             thrown
             abroad
             in
             these
             lawlesse
             times
             ,
             in
             the
             defence
             ,
             and
             incouragement
             of
             Divorces
             (
             not
             to
             be
             sued
             out
             ,
             that
             solemnity
             needed
             not
             ,
             but
             )
             to
             be
             arbitrarily
             given
             by
             the
             distiking
             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
             down
             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
             meanes
             of
             reclamation
             attempted
             )
             to
             procure
             his
             own
             peace
             ,
             by
             casting
             off
             this
             clogge
             ,
             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
             professe
             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
             some
             of
             those
             too
             wel-penned
             pages
             ,
             I
             found
             the
             Author
             was
             in
             earnest
             ,
             and
             meant
             seriously
             to
             contribute
             this
             peece
             of
             good
             counsail
             in
             way
             of
             Reformation
             to
             the
             wise
             and
             seasonable
             care
             of
             superiours
             :
             I
             cannot
             but
             blush
             for
             our
             age
             ,
             wherein
             so
             bold
             a
             motion
             hath
             been
             ,
             amongst
             
             others
             ,
             addmitted
             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
             contradict
             on
             to
             our
             Saviours
             sentence
             ,
             in
             maintaining
             that
             practise
             ,
             which
             he
             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
             termes
             of
             dislike
             ,
             other
             then
             fornication
             ?
             Their
             mis-interpretation
             of
             the
             Law
             alluded
             unto
             ,
             argues
             no
             lesse
             ;
             The
             law
             alluded
             unto
             is
             ,
             that
             of
             Deuteronomy
             ;
             where
             God
             sayes
             ,
             
               When
               a
               man
               hath
               taken
               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
             Jewes
             were
             then
             wont
             to
             divorce
             their
             wives
             ,
             (
             and
             offended
             in
             so
             divorcing
             them
             )
             was
             any
             other
             displeasing
             quality
             ,
             besides
             the
             breach
             of
             wedlock
             through
             bodily
             uncleannesse
             ;
             for
             which
             onely
             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
             schooles
             of
             Sammai
             ,
             and
             Hillel
             :
             determining
             on
             Sammai's
             side
             ,
             that
             for
             no
             other
             nakednesse
             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
             umperage
             :
             
               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
             be
             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
             lesse
             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
               hatoth
               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
             cryes
             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 selfe
             ?
             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
             bond
             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
             desend
             it
             lawfull
             ,
             upon
             some
             unkinde
             usages
             ,
             or
             thwartnesse
             of
             disposition
             ,
             for
             a
             parent
             to
             abandon
             and
             forsake
             his
             child
             ;
             or
             the
             sonne
             to
             cast
             off
             his
             parent
             ?
             much
             lesse
             therefore
             may
             it
             be
             thus
             betwixt
             an
             husband
             and
             wife
             :
             
               They
               two
               are
               one
               flesh
            
             :
             Behold
             here
             an
             union
             of
             Gods
             making
             :
             A
             mans
             body
             is
             not
             more
             his
             owne
             ,
             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
             himselfe
             to
             be
             so
             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
               kindnesse
               ,
               and
               in
               mercies
               ,
               Hos
               .
            
             2.
             19.
             
             )
             if
             upon
             small
             occasions
             it
             may
             be
             subject
             to
             utter
             dissolution
             ?
             Yea
             ,
             what
             speake
             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
             foole
             was
             he
             to
             indure
             the
             unquiet
             clack
             of
             his
             Xantippe
             with
             such
             coole
             patience
             ,
             if
             he
             might
             have
             quit
             himselfe
             of
             the
             trouble
             with
             a
             sodaine
             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
             himselfe
             
             by
             turning
             the
             scold
             out
             of
             doores
             ?
          
           
             Lastly
             ,
             what
             silly
             counsaile
             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
             seeme
             some
             better
             colour
             for
             the
             plea
             of
             the
             Romish
             doctors
             which
             admit
             infidelity
             and
             heresie
             into
             the
             ranke
             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
             lesse
             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
             joined
             together
             )
             for
             heresie
             ,
             or
             misbeleefe
             ;
             we
             need
             no
             other
             conviction
             then
             that
             peremptory
             and
             cleare
             determination
             of
             our
             Saviour
             which
             we
             have
             formerly
             infisted
             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
             plaine
             ?
             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
             Infidelity
             ;
             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
             sonne
             break
             or
             file
             off
             the
             bonds
             of
             nature
             ;
             and
             as
             for
             the
             matrimoniall
             knot
             ,
             how
             too
             sure
             it
             is
             to
             be
             loosed
             by
             infidelity
             it selfe
             ,
             let
             the
             Apostle
             speak
             ;
             
               If
               any
               brother
               hath
               a
               wife
               that
               beleeveth
               not
               ,
               and
               shee
               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
               dwel
               with
               her
               ,
               let
               her
               not
               leave
               him
               ,
            
             ver
             .
             13.
             
             And
             if
             even
             Infidelity
             have
             not
             power
             to
             dis-oblige
             the
             wife
             or
             husband
             ,
             much
             lesse
             ,
             Heresie
             :
             In
             this
             pretended
             c●se
             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
             joynes
             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
             saucinesse
             is
             it
             to
             disjoyne
             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
             ,
             enthrall
             each
             other
             by
             a
             willfull
             desertion
             ;
             whether
             upon
             pretext
             of
             religion
             ,
             or
             any
             secular
             occasion
             ;
             In
             which
             case
             what
             is
             to
             be
             done
             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
             bind
             
             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
             perpetualll
             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-selfe
             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
             Ecclesiasticall
             authority
             (
             which
             is
             the
             fittest
             to
             manage
             these
             matrimoniall
             affaires
             ,
             in
             whose
             power
             it
             may
             be
             ,
             either
             by
             grave
             admonitions
             ,
             and
             just
             censures
             to
             bring
             back
             the
             offender
             to
             his
             duty
             ;
             or
             upon
             his
             continuing
             contempt
             ,
             to
             set
             a
             day
             for
             the
             publication
             of
             the
             just
             freedome
             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
               againe
               .
            
          
           
             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
             soule
             ,
             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
             barre
             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
               owne
               soule
               ;
               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
             finfull
             ,
             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
             onely
             ,
             so
             as
             it
             might
             be
             lawfull
             to
             divorce
             onely
             for
             fornication
             ,
             but
             not
             to
             marry
             after
             divorce
             ;
             cannot
             stand
             without
             a
             supply
             of
             words
             of
             his
             owne
             ,
             which
             God
             never
             allow'd
             him
             to
             intersert
             ;
             and
             besides
             utterly
             destroies
             the
             sense
             ;
             casting
             such
             a
             doctrine
             upon
             our
             Saviour
             ,
             as
             he
             would
             hate
             to
             owne
             ;
             for
             except
             that
             restraint
             be
             referred
             to
             the
             marrying
             againe
             ,
             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
             marriage
             of
             another
             :
             It
             is
             therefore
             the
             plaine
             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
             lesse
             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
             S.
             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
             ,
             and
             marrieth
             another
             ,
             sinneth
             ;
             yet
             it
             followes
             not
             that
             he
             who
             having
             dismissed
             his
             wife
             for
             fornication
             ,
             marrieth
             another
             ,
             sinneth
             not
             at
             all
             :
             A
             sinne
             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
             commandement
             ,
             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
             he
             said
             ;
             which
             had
             not
             been
             perfectly
             satisfactory
             ,
             if
             he
             had
             onely
             determined
             that
             one
             part
             concerning
             dismission
             ,
             and
             not
             the
             other
             concerning
             marriage
             ;
             which
             clause
             if
             two
             other
             Evangelists
             expresse
             not
             ,
             yet
             it
             must
             be
             fetcht
             necessarily
             ,
             from
             the
             third
             ;
             since
             it
             is
             a
             sure
             and
             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
             he
             saith
             ,
             
               The
               woman
               which
               hath
               an
               husband
               is
               bound
               by
               the
               law
               to
               her
               husband
               ,
               so
               long
               as
               he
               liveth
               ,
               Rom.
            
             7.
             2.
             therefore
             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
             :
             He
             had
             no
             occasion
             here
             to
             look
             aside
             at
             matter
             of
             divorce
             ,
             but
             takes
             marriage
             as
             in
             its
             entire
             right
             ;
             rather
             desiring
             to
             urge
             (
             for
             clearing
             the
             case
             of
             our
             obligation
             to
             the
             law
             )
             that
             the
             husband
             being
             once
             dead
             ,
             the
             wife
             is
             free
             to
             marry
             againe
             ,
             then
             to
             intimate
             the
             case
             of
             her
             incapacity
             to
             marry
             till
             he
             be
             dead
             .
          
           
             As
             for
             that
             bond
             therefore
             ,
             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
             be
             Bonds
             of
             affectation
             ;
             Bonds
             of
             mutuall
             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
             flacken
             ,
             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
             been
             :
             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
             terme
             imports
             )
             all
             former
             obligations
             and
             respects
             betwixt
             the
             parties
             so
             finally
             separated
             .
          
           
             The
             adulterous
             wife
             therefore
             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
             speak
             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
             claime
             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
             be
             forced
             to
             live
             with
             an
             adulterous
             consort
             ;
             or
             be
             tyed
             to
             a
             perperuall
             necessity
             of
             either
             doing
             that
             (
             which
             perhaps
             they
             cannot
             doe
             )
             containing
             ;
             or
             of
             suffering
             that
             which
             they
             ought
             not
             to
             indure
             ,
             burning
             .
          
           
             What
             remedy
             now
             can
             be
             expected
             of
             so
             great
             a
             mischiefe
             ?
             Our
             Romish
             Doctors
             propose
             two
             ;
             Reconciliation
             ,
             or
             Continence
             :
             Both
             good
             ,
             where
             they
             may
             be
             had
             ;
             Reconciliation
             ,
             in
             case
             of
             a
             seasonable
             and
             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
             tells
             us
             
               all
               cannot
               receive
               it
               :
               Mar.
            
             19.
             11.
             he
             must
             not
             only
             give
             it
             ,
             but
             give
             us
             power
             to
             take
             it
             .
          
           
             But
             where
             the
             offending
             party
             is
             obstinately
             vicious
             ;
             and
             the
             innocent
             (
             after
             all
             indeavours
             )
             unable
             to
             containe
             ,
             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
             lawfull
             for
             the
             innocent
             person
             to
             marry
             ;
             But
             for
             that
             I
             find
             the
             *
             Church
             of
             England
             hitherto
             somewhat
             tender
             in
             the
             point
             ;
             and
             this
             practice
             ,
             where
             it
             rarely
             falls
             ,
             generally
             held
             ,
             though
             not
             sinfull
             ,
             yet
             of
             ill
             report
             ,
             and
             obnoxious
             to
             various
             censures
             :
             I
             should
             therefore
             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
             indeavours
             of
             a
             continued
             continence
             ,
             (
             if
             it
             may
             be
             obtained
             )
             to
             prevent
             a
             second
             marriage
             after
             divorce
             :
             But
             if
             these
             prevaile
             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
               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
               .
            
          
           
             THe
             extent
             of
             a
             paternall
             power
             ,
             as
             we
             have
             partly
             showed
             already
             ,
             hath
             been
             wont
             to
             be
             very
             large
             ;
             reaching
             in
             some
             cases
             by
             the
             Civill
             law
             to
             the
             life
             of
             the
             Child
             ;
             and
             by
             the
             Jewish
             law
             ,
             to
             his
             liberty
             :
             so
             as
             it
             might
             seeme
             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
             owne
             worldly
             advantage
             ,
             contrary
             to
             their
             affections
             and
             disposition
             ,
             
             we
             have
             too
             lamentable
             experience
             every
             day
             ;
             neither
             is
             it
             easie
             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
             marriage
             ,
             which
             should
             be
             mutuall
             comfort
             :
             and
             not
             seldome
             ,
             dangerous
             machinations
             against
             the
             life
             of
             the
             dis-affected
             consort
             ;
             as
             it
             were
             too
             easie
             to
             instance
             every
             where
             ;
             but
             especially
             ,
             if
             the
             affections
             of
             the
             young
             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
             doe
             they
             wear
             out
             their
             dayes
             in
             a
             melancholick
             pining
             ,
             and
             wish
             each
             other
             ,
             and
             themselves
             dead
             too
             soon
             ?
             Yea
             herein
             an
             imperious
             or
             covetous
             
             parent
             may
             be
             most
             injurious
             to
             himselfe
             ,
             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
             and
             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
             naturall
             being
             ,
             so
             he
             should
             be
             still
             in
             his
             affections
             ,
             and
             obsequiousnesse
             ,
             and
             therefore
             that
             he
             ought
             to
             labour
             by
             all
             meanes
             to
             bring
             his
             heart
             unto
             a
             conformity
             to
             his
             parents
             wil
             and
             desire
             ,
             according
             to
             that
             universall
             rule
             of
             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
             unpossible
             ;
             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
             farre
             a
             duty
             of
             obedience
             as
             that
             he
             is
             bound
             to
             worke
             his
             affections
             what
             he
             may
             ,
             to
             a
             compliance
             with
             his
             parents
             will
             :
             the
             wilfull
             neglect
             whereof
             is
             no
             better
             then
             a
             kind
             of
             domestique
             rebellion
             .
          
           
             Let
             the
             parent
             againe
             consider
             ,
             that
             the
             child
             however
             derived
             from
             his
             loines
             ,
             is
             now
             an
             entire
             person
             in
             himselfe
             ;
             that
             though
             the
             body
             came
             from
             him
             ,
             yet
             the
             soule
             was
             from
             above
             ;
             that
             the
             soule
             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
             inwardly
             swayed
             by
             his
             parents
             will
             or
             affections
             ;
             that
             when
             his
             reason
             comes
             to
             be
             improved
             ,
             there
             may
             be
             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
             shall
             not
             be
             able
             to
             master
             them
             ;
             and
             if
             the
             parent
             foole
             himselfe
             subject
             to
             such
             infirmities
             ,
             well
             may
             he
             be
             induced
             to
             pity
             those
             whom
             a
             vigorous
             heat
             of
             youth
             hath
             rendered
             more
             head-strong
             and
             unruly
             ;
             withall
             ,
             let
             him
             consider
             that
             though
             the
             child
             should
             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
             cannot
             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
               ,
               prevoke
               
               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
             choosing
             an
             husband
             ,
             not
             unworthy
             of
             her selfe
             ,
             though
             against
             her
             fathers
             minde
             ;
             yea
             some
             of
             them
             have
             gone
             a
             step
             further
             :
             but
             I
             forbeare
             :
             How
             far
             it
             may
             be
             lawfull
             ,
             and
             fit
             for
             the
             parent
             to
             punish
             the
             dis-respect
             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
             Sonne
             or
             Daughter
             doe
             justly
             offend
             ,
             if
             without
             cause
             ,
             or
             wilfully
             they
             refuse
             the
             Parents
             choice
             ;
             and
             are
             in
             duty
             bound
             to
             work
             their
             hearts
             to
             an
             obedient
             subjection
             to
             those
             ,
             unto
             whom
             they
             owe
             themselves
             ;
             and
             for
             this
             cause
             must
             be
             wary
             in
             suffering
             their
             affections
             ,
             to
             over-runne
             their
             owne
             reason
             ,
             and
             their
             parents
             guidance
             ;
             either
             suppressing
             the
             first
             motions
             of
             unruly
             passions
             ,
             or
             if
             they
             grow
             impetuous
             ,
             venting
             them
             betimes
             into
             the
             tender
             cares
             of
             their
             indulgent
             Parents
             ,
             or
             discreet
             and
             faithful
             Friends
             ;
             that
             so
             they
             may
             seasonably
             prevent
             their
             owne
             misery
             ,
             and
             their
             Parents
             grief
             :
             On
             the
             other
             side
             the
             Parent
             shall
             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
             ;
             and
             where
             he
             finds
             them
             setled
             will
             rather
             break
             then
             bow
             them
             ;
             not
             caring
             so
             much
             to
             perswade
             as
             to
             compel
             love
             :
             These
             harshnesses
             have
             too
             much
             of
             the
             Tyran
             in
             thē
             ,
             to
             be
             incident
             into
             a
             Christian
             Parent
             ;
             who
             must
             transact
             all
             these
             matrimonial
             affaires
             in
             a
             smooth
             and
             plausible
             way
             of
             consent
             ,
             and
             indulgence
             :
             A
             noble
             and
             ancient
             pattern
             whereof
             we
             finde
             in
             the
             contract
             betwixt
             Isaac
             and
             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
             done
             ,
             nothing
             is
             done
             ,
             till
             Rebecca
             have
             given
             her
             assent
             ;
             they
             said
             ,
             
               We
               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
             Jewells
             of
             Gold
             and
             Silver
             given
             to
             the
             intended
             Bride
             ;
             and
             all
             the
             precious
             things
             given
             to
             her
             mother
             ,
             and
             brother
             ,
             were
             but
             at
             the
             mercy
             of
             the
             receivers
             ;
             Neither
             ought
             it
             to
             be
             other
             in
             all
             Christian
             espousalls
             ;
             the
             free
             and
             cheerfull
             consent
             of
             Parents
             and
             parties
             makes
             the
             match
             both
             full
             ,
             and
             happy
             ;
             Let
             not
             the
             Child
             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
             and
             neglect
             ,
             without
             their
             utter
             undoing
             .
          
        
         
           
           
             CASE
             V.
             
          
           
             
               Whether
               the
               marriage
               of
               Consens-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
             diremption
             of
             them
             even
             though
             they
             be
             not
             ratified
             only
             ,
             but
             consummate
             by
             carnall
             knowledge
             :
             and
             the
             grave
             authority
             of
             some
             Ancient
             and
             holy
             Fathers
             ,
             and
             eminent
             Doctors
             of
             the
             Church
             ,
             (
             besides
             five
             severall
             Councells
             )
             have
             passed
             an
             hard
             sentence
             upon
             them
             .
             The
             maine
             ground
             of
             the
             supposed
             unlawfulnesse
             ,
             is
             ,
             that
             clause
             of
             Gods
             Law
             which
             was
             more
             then
             judiciall
             :
             
               No
               man
               shall
               approach
               unto
               any
               neare
               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
             thinke
             that
             God
             will
             suffer
             so
             universall
             a
             charge
             to
             be
             so
             straitly
             pent
             ;
             especially
             ,
             when
             we
             know
             that
             there
             are
             divers
             other
             no
             lesse
             unlawfull
             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
             onely
             :
             for
             it
             is
             easie
             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
             law
             imperfect
             ;
             To
             marry
             then
             with
             a
             Cousen-german
             is
             apprehended
             by
             these
             Canonists
             to
             be
             an
             approach
             to
             
               one
               near
               kinne
               to
               our
               flesh
            
             ;
             and
             therefore
             
             intimated
             in
             that
             inhibition
             :
             Doctor
             *
             Willet
             (
             a
             man
             much
             deserving
             of
             Gods
             Church
             )
             conceives
             these
             marriages
             to
             be
             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
             likewise
             ;
             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
             equall
             line
             ,
             the
             other
             in
             an
             unequall
             ;
             the
             one
             is
             a
             collaterall
             consanguinity
             ,
             the
             other
             is
             in
             a
             directly
             descending
             affinity
             ;
             so
             as
             the
             husband
             should
             be
             grandfather
             in
             law
             to
             the
             wife
             ,
             which
             
             in
             all
             reason
             were
             very
             unlawfull
             ,
             and
             absurd
             ;
             since
             in
             all
             those
             descending
             degrees
             there
             is
             a
             kinde
             of
             reverentiall
             inequality
             betwixt
             the
             lower
             and
             superiour
             ,
             which
             abhorres
             from
             all
             proportion
             of
             a
             match
             ;
             whereas
             the
             collaterall
             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
             nearenesse
             of
             approach
             to
             our
             flesh
             be
             a
             just
             barre
             unto
             them
             ,
             must
             be
             further
             considered
             .
          
           
             Gregory
             *
             ,
             (
             whom
             some
             would
             faine
             interesse
             in
             our
             English
             Apostleship
             )
             writing
             to
             his
             Augustine
             ,
             in
             way
             of
             answer
             to
             his
             Interrogations
             ,
             puts
             these
             marriages
             in
             the
             same
             rank
             with
             the
             marriages
             of
             brothers
             and
             sisters
             ;
             which
             he
             brands
             with
             this
             note
             ,
             that
             they
             seldome
             ever
             prove
             
             fruitful
             ;
             As
             for
             those
             of
             brothers
             and
             sisters
             ,
             (
             which
             were
             usuall
             ,
             as
             
               Diodorus
               Siculus
            
             tells
             us
             )
             amongst
             the
             Egyptians
             ,
             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
             sometimes
             over-near
             to
             themselves
             ;
             as
             even
             Abraham
             himself
             ,
             the
             father
             of
             the
             faithfull
             ,
             marrried
             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
             entirenesse
             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
             freedome
             in
             this
             kind
             .
          
           
             What
             need
             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
             ,
             nephewes
             ,
             according
             to
             the
             Hebrew
             phrase
             (
             as
             Doctor
             Willet
             indevours
             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.
               Aurins
            
             ;
             of
             
               Marcus
               Antonius
            
             the
             wise
             and
             vertuous
             Philosopher
             ,
             marrying
             his
             cousen
             Faustina
             ;
             and
             a
             world
             of
             others
             ;
             were
             not
             this
             labour
             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
             yeares
             ,
             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
             sonne
             and
             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
             onely
             ,
             but
             exceeding
             profitable
             to
             the
             Roman
             See
             ,
             it
             is
             no
             wonder
             if
             it
             obtained
             both
             credit
             and
             vigour
             from
             thence
             .
             Decrees
             and
             Decretalls
             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 selfe
             in
             the
             restraint
             of
             marriages
             ,
             
             and
             upon
             what
             ground
             ;
             all
             Christendome
             both
             sees
             ,
             and
             feeles
             :
             One
             while
             their
             prohibition
             reaches
             to
             the
             seventh
             degree
             in
             naturall
             kindred
             ;
             then
             to
             the
             fourth
             :
             One
             while
             the
             impediment
             of
             spirituall
             cognation
             ,
             is
             stretched
             so
             far
             ,
             without
             any
             colour
             of
             divine
             authority
             ,
             as
             that
             (
             what
             by
             *
             Baptisme
             ,
             what
             by
             Confirmation
             )
             twenty
             severall
             persons
             are
             excluded
             from
             the
             capacity
             of
             inter-marriage
             ;
             another
             while
             the
             market
             is
             falne
             to
             fourteene
             :
             And
             wherefore
             this
             ?
             but
             for
             the
             sweet
             and
             scarce
             valuable
             gaine
             of
             Dispensations
             ,
             upon
             these
             occasions
             flowing
             into
             the
             Lateran
             Treasure
             ?
             For
             which
             considerations
             we
             have
             learned
             not
             to
             attribute
             too
             much
             to
             the
             judgement
             or
             practise
             of
             the
             Roman
             Courtiers
             in
             this
             point
             .
             Upon
             the
             summing
             up
             
             then
             of
             this
             discourse
             ,
             will
             you
             be
             pleased
             to
             see
             the
             vast
             latitude
             of
             different
             opinions
             concerning
             these
             marriages
             ?
             The
             Canon
             law
             decryes
             them
             with
             such
             rigour
             ,
             as
             to
             ordaine
             them
             (
             though
             after
             a
             conjugall
             conversation
             )
             separated
             ;
             some
             moderate
             Divines
             (
             as
             Doctor
             Willet
             )
             finding
             this
             sentence
             too
             hard
             ,
             goe
             not
             so
             far
             ;
             but
             hold
             this
             nearenesse
             of
             blood
             a
             sufficient
             barre
             to
             hinder
             a
             marriage
             contracted
             ,
             though
             not
             consummate
             :
             some
             others
             (
             as
             M.
             Perkins
             in
             my
             conference
             with
             him
             )
             hold
             it
             ,
             though
             not
             unlawfull
             ,
             yet
             inconvenient
             :
             some
             others
             ,
             (
             as
             learned
             and
             acute
             M.
             Wootton
             ,
             and
             M.
             Attersoll
             ,
             who
             hath
             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
             neither
             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
             counsailes
             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
             keep
             aloof
             off
             ,
             with
             a
             cleare
             freedome
             ,
             and
             resolute
             contentment
             ?
             That
             these
             marriages
             are
             disallowed
             by
             so
             great
             authority
             ,
             should
             be
             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
             either
             
               (
               Jure
               Caesareo
            
             or
             
             Apostolico
             )
             by
             Gods
             law
             or
             Caesars
             ;
             should
             be
             reason
             enough
             to
             beare
             up
             the
             hearts
             of
             those
             who
             are
             so
             matched
             ,
             from
             a
             scrupulous
             dejection
             .
             Let
             the
             persons
             therefore
             so
             married
             enjoy
             themselves
             with
             mutuall
             complacencie
             and
             comfort
             ,
             not
             disquieting
             themselves
             with
             needlesse
             anxieties
             ;
             Let
             those
             single
             persons
             who
             have
             the
             world
             before
             them
             looke
             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
             walk
             close
             to
             the
             brim
             of
             a
             steep
             precipice
             ,
             look
             well
             to
             their
             feet
             ,
             and
             tread
             sure
             ,
             and
             so
             they
             may
             come
             off
             perhaps
             as
             fafely
             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
             neare
             to
             the
             brink
             of
             danger
             .
          
        
         
           
           
             CASE
             VI.
             
          
           
             
               Whether
               is
               it
               necessary
               or
               requisite
               there
               should
               be
               a
               witnessed
               contract
               ,
               or
               espousals
               of
               the
               parties
               to
               be
               Married
               ,
               before
               the
               solemnization
               of
               the
               Marriage
               .
            
          
           
             IT
             is
             necessary
             we
             should
             distinguish
             betwixt
             those
             things
             which
             are
             essentiall
             to
             the
             very
             being
             of
             marriage
             ,
             and
             those
             which
             are
             requisite
             to
             the
             orderly
             ,
             and
             well-being
             of
             it
             :
             It
             may
             not
             be
             denyed
             that
             the
             Marriage
             is
             true
             and
             valid
             ,
             which
             with
             full
             consent
             of
             parties
             is
             made
             without
             the
             intervention
             of
             a
             previous
             contract
             in
             a
             due
             and
             lawfull
             forme
             prescribed
             by
             the
             Church
             :
             but
             it
             is
             no
             lesse
             true
             that
             such
             a
             marriage
             is
             very
             unmeet
             ,
             and
             liable
             to
             just
             exceptions
             :
             That
             God
             *
             ,
             who
             is
             the
             author
             and
             institutor
             of
             Marriage
             made
             a
             difference
             
             in
             his
             law
             ,
             betwixt
             a
             bethrothing
             ,
             and
             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
             find
             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
             he
             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
             finde
             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
             covention
             ,
             takes
             such
             notice
             of
             these
             betrothings
             ,
             as
             that
             it
             decreed
             †
             ,
             that
             if
             any
             Parents
             should
             break
             the
             faith
             mutually
             engaged
             in
             these
             espousalls
             ,
             they
             should
             be
             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
             waste
             time
             and
             paper
             upon
             so
             clear
             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
             espousalls
             :
             what
             voluminous
             discourses
             ,
             what
             a
             world
             of
             nice
             questions
             have
             fallen
             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
             quarrels
             arising
             here-from
             ,
             it
             is
             to
             be
             feared
             their
             consistories
             would
             want
             work
             ,
             and
             their
             Advocates
             imployment
             :
             But
             to
             speak
             ingenuously
             ,
             
             those
             of
             the
             Roman
             Clientele
             are
             not
             more
             carefull
             and
             punctuall
             in
             scanning
             ,
             and
             observing
             the
             rules
             and
             practise
             of
             their
             espousalls
             ,
             then
             ours
             here
             ,
             are
             incurious
             of
             both
             :
             How
             many
             have
             we
             heard
             to
             say
             ,
             they
             will
             make
             no
             promise
             of
             themselves
             till
             they
             come
             to
             the
             Church-dore
             ?
             and
             of
             those
             that
             do
             contract
             themselves
             ,
             how
             weakly
             and
             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
             be
             expressed
             in
             full
             termes
             ,
             differs
             nothing
             from
             marriage
             it selfe
             ,
             save
             onely
             in
             the
             publique
             solemnization
             ;
             which
             doubtlesse
             is
             a
             ceremony
             so
             requisite
             ,
             as
             that
             without
             it
             an
             horrible
             confusion
             must
             
             needs
             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
             be
             ;
             and
             yet
             withall
             some
             meet
             respiration
             of
             a
             more
             full
             triall
             ,
             and
             inquiry
             into
             each
             other
             condition
             :
             For
             which
             purpose
             the
             wisdome
             of
             the
             Church
             hath
             ordained
             that
             there
             should
             be
             a
             solemn
             publication
             of
             that
             more
             private
             Contract
             three
             severall
             Sabbaths
             ,
             to
             the
             whole
             Congregation
             ;
             not
             without
             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
             yeares
             in
             either
             party
             for
             a
             meet
             age
             to
             this
             purpose
             )
             must
             needs
             breed
             both
             much
             question
             ,
             and
             incovenience
             ;
             but
             in
             those
             which
             are
             of
             a
             mature
             age
             ,
             and
             therefore
             able
             to
             judge
             of
             what
             may
             be
             most
             expedient
             for
             themselves
             ,
             this
             institution
             cannot
             be
             but
             singularly
             usefull
             and
             beneficiall
             :
             For
             neither
             is
             it
             meet
             that
             so
             great
             a
             worke
             ,
             and
             so
             highly
             importing
             us
             as
             matrimony
             ,
             should
             be
             rashly
             and
             suddainly
             undertaken
             ;
             neither
             doth
             it
             a
             little
             conduce
             to
             our
             safety
             ,
             that
             since
             marriage
             once
             passed
             ,
             is
             irreversible
             ,
             we
             may
             have
             some
             breathing-time
             betwixt
             our
             promise
             and
             accomplishment
             to
             informe
             our selves
             throughly
             before
             it
             be
             too
             late
             ,
             what
             we
             must
             trust
             to
             for
             ever
             .
             For
             we
             may
             take
             notice
             ,
             that
             though
             marriage
             is
             
             indissoluble
             ,
             yet
             these
             espousalls
             ,
             or
             contracts
             of
             a
             future
             marriage
             ,
             are
             not
             so
             :
             many
             things
             may
             intervene
             betwixt
             this
             engagement
             by
             promise
             ;
             and
             that
             full
             and
             complete
             ,
             solemnization
             ,
             which
             may
             breake
             off
             the
             match
             .
          
           
             The
             Casuists
             determine
             of
             seventeen
             severall
             cases
             ,
             at
             the
             least
             ,
             which
             may
             sort
             to
             this
             effect
             ;
             some
             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
             
             countries
             ,
             and
             not
             returning
             upon
             a
             lawfull
             summons
             at
             a
             time
             prefixed
             by
             the
             Judge
             :
             By
             an
             affinity
             supervening
             upon
             the
             sinfull
             copulation
             of
             one
             of
             the
             parties
             with
             the
             neare
             kinswoman
             of
             the
             other
             :
             By
             the
             absolution
             of
             the
             Judge
             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
             Neapolitan
             sicknesse
             ,
             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
             some
             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
             contract
             ;
             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
             barre
             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
             owne
             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
             we
             knit
             the
             knot
             that
             can
             never
             be
             loosed
             .
          
        
         
           
             CASE
             VII
             .
          
           
             
               Whether
               there
               ought
               to
               be
               a
               prohibition
               and
               forbearance
               of
               marriages
               ,
               and
               marriage
               duties
               for
               some
               appointed
               times
               .
            
          
           
             IT
             is
             one
             thing
             what
             is
             lawfull
             ,
             another
             thing
             what
             is
             fit
             and
             expedient
             ;
             as
             S.
             Paul
             hath
             taught
             us
             to
             distinguish
             :
             marriage
             being
             of
             Gods
             owne
             institution
             ,
             and
             that
             in
             the
             perfection
             of
             Paradise
             ,
             there
             can
             be
             no
             
             time
             wherein
             it
             may
             be
             unlawfull
             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
             be
             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
             lawfull
             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
               &
               prayer
               :
               1
               Cor.
            
             7.
             5.
             
             
             So
             then
             as
             Solomon
             himselfe
             can
             say
             ,
             
               There
               is
               a
               time
               to
               embrace
               ,
               and
               a
               time
               to
               refraine
               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
             :
             neither
             doe
             there
             want
             extremities
             on
             both
             sides
             :
             The
             Church
             of
             Rome
             hath
             heretofore
             been
             excessively
             large
             in
             her
             prohibitions
             ;
             forbidding
             the
             solemnization
             of
             marriage
             upon
             pretence
             of
             the
             holinesse
             of
             the
             great
             feasts
             to
             be
             observed
             ;
             for
             the
             whole
             third
             part
             of
             the
             yeare
             ;
             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
             onely
             solemne
             feasts
             of
             Easter
             and
             the
             Nativity
             ;
             and
             abridged
             some
             previous
             weekes
             of
             the
             former
             :
             and
             for
             us
             how
             observant
             our
             Consistories
             had
             wont
             to
             be
             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
             scandall
             of
             the
             Reformed
             :
             Concerning
             both
             which
             ,
             I
             must
             say
             :
             that
             if
             either
             we
             ,
             or
             they
             doe
             put
             any
             holinesse
             in
             the
             time
             exempted
             ,
             or
             any
             unholinesse
             in
             the
             act
             inhibited
             ,
             we
             cannot
             be
             excused
             from
             superstition
             ;
             Can
             any
             time
             be
             more
             holy
             then
             Gods
             owne
             day
             ?
             yet
             on
             
             that
             day
             we
             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
             devoutly
             to
             celebrate
             the
             memory
             of
             Gods
             infinite
             mercy
             to
             mankind
             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
             carelesse
             dis-regard
             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
             practice
             (
             which
             I
             have
             long
             wisht
             an
             opportunity
             to
             censure
             )
             that
             husbands
             and
             wives
             forget
             one
             another
             too
             soone
             :
             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
             hast
             hath
             in
             it
             too
             much
             not
             immodesty
             onely
             ,
             but
             inhumanity
             :
             If
             we
             look
             abroad
             into
             the
             world
             ,
             we
             shall
             finde
             not
             among
             Gods
             peculiar
             people
             onely
             ,
             but
             even
             amongst
             the
             very
             Heathens
             ,
             a
             meet
             (
             and
             not
             niggardly
             )
             intermission
             betwixt
             the
             decease
             of
             the
             one
             husband
             ,
             or
             wife
             ,
             and
             the
             marriage
             of
             another
             :
             A
             whole
             year
             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
             yeare
             after
             her
             husbands
             death
             is
             counted
             infamous
             .
          
           
             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
             tooke
             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
             years
             after
             her
             decease
             :
             At
             which
             time
             he
             brought
             his
             Rebecca
             into
             that
             tent
             which
             even
             still
             retained
             the
             name
             of
             Sarahs
             :
             whereas
             with
             us
             ,
             after
             the
             profession
             of
             the
             greatest
             dearenesse
             ,
             
             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
             above
             ten
             moneths
             ;
             and
             to
             see
             that
             our
             women
             had
             need
             of
             a
             law
             to
             inforce
             them
             so
             to
             mourne
             for
             the
             space
             of
             one
             ?
          
           
             In
             other
             Reformed
             Churches
             there
             is
             a
             determinate
             time
             of
             moneths
             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
             and
             Christian
             modesty
             could
             set
             bounds
             to
             our
             inordinate
             desires
             ;
             and
             so
             moderate
             our
             affections
             ,
             that
             the
             world
             may
             see
             we
             are
             led
             by
             a
             better
             guide
             then
             appetite
             .
          
        
         
           
           
             CASE
             VIII
             .
          
           
             
               Whether
               it
               be
               necessary
               that
               marriages
               should
               be
               celebrated
               by
               a
               Minister
               ;
               and
               whether
               they
               may
               be
               valid
               ,
               and
               lawfull
               without
               him
               .
            
          
           
             IT
             is
             no
             marvell
             if
             the
             Church
             of
             Rome
             (
             which
             holds
             matrimony
             a
             Sacrament
             ,
             conferring
             Grace
             by
             the
             very
             worke
             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
             need
             to
             stand
             upon
             the
             terms
             of
             a
             Ministers
             agency
             in
             the
             performance
             of
             that
             solemne
             action
             :
             There
             are
             those
             in
             these
             wild
             times
             that
             have
             held
             it
             sufficiently
             lawfull
             for
             the
             parties
             having
             agreed
             upon
             the
             bargaine
             before
             friends
             and
             witnesses
             ,
             to
             betake
             themselves
             to
             bed
             :
             
             others
             have
             thought
             this
             act
             of
             conjoining
             the
             married
             persons
             in
             wedlock
             a
             fitter
             act
             for
             the
             Magistrate
             to
             undertake
             .
             And
             certainly
             if
             there
             were
             nothing
             in
             marriage
             but
             meere
             nature
             ,
             it
             could
             not
             be
             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
             marriage
             but
             meere
             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
             himselfe
             ;
             which
             he
             not
             onely
             ordained
             ,
             but
             actually
             celebrated
             betwixt
             the
             first
             Innocent
             paire
             ;
             and
             which
             being
             for
             the
             propagation
             of
             an
             holy
             seed
             ,
             requires
             a
             speciall
             benediction
             ;
             how
             can
             we
             in
             reason
             thinke
             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
             therefore
             have
             our
             wholsome
             lawes
             taken
             a
             just
             hint
             to
             appropriate
             this
             service
             to
             a
             lawfull
             Minister
             onely
             :
             so
             as
             what
             ever
             private
             contract
             may
             be
             transacted
             in
             corners
             betwixt
             the
             parties
             affected
             to
             each
             other
             ,
             yet
             the
             marriage-knot
             cannot
             be
             publiquely
             knit
             by
             any
             other
             hand
             ,
             then
             Gods
             Ministers
             .
             And
             herein
             certainly
             we
             have
             just
             cause
             to
             blesse
             the
             wisdome
             both
             of
             the
             Church
             and
             State
             ,
             which
             hath
             so
             regulated
             these
             matrimoniall
             affaires
             ;
             as
             that
             they
             are
             not
             onely
             orderly
             but
             safely
             managed
             :
             For
             doubtlesse
             were
             not
             this
             provision
             carefully
             made
             ,
             the
             world
             would
             be
             quite
             over-run
             with
             beastlinesse
             ,
             and
             horrible
             confusion
             :
             And
             in
             this
             point
             we
             may
             well
             give
             the
             Church
             of
             Rome
             her
             due
             ,
             and
             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
             therefore
             it
             is
             generally
             both
             decreed
             and
             observed
             (
             not
             without
             excellent
             reason
             )
             in
             all
             Christian
             Churches
             ,
             that
             marriages
             should
             be
             solemnized
             in
             the
             publique
             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
             ;
             and
             the
             mouth
             of
             God
             to
             the
             Congregation
             ;
             And
             ,
             as
             under
             the
             Law
             ,
             the
             Preist
             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
             he
             who
             is
             betrusted
             with
             the
             Cure
             of
             our
             soules
             ,
             should
             besides
             other
             witnesses
             be
             both
             present
             and
             active
             in
             ,
             and
             at
             our
             domestique
             contracts
             of
             matrimony
             :
             so
             by
             the
             lawes
             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
             .
          
           
             
               Wheeher
               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
               .
            
          
           
             THere
             were
             amongst
             the
             Jewes
             certaine
             ceremoniall
             Observations
             (
             besides
             the
             Precepts
             )
             which
             they
             called
             the
             Hedge
             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
             kinde
             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
             all
             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
             wholsome
             a
             Rite
             :
             six
             severall
             *
             Canons
             were
             made
             in
             our
             Provinciall
             Synod
             under
             the
             Authority
             of
             King
             James
             of
             blessed
             memory
             ,
             in
             the
             year
             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
             adultery
             ;
             the
             frequent
             practice
             whereof
             in
             those
             hotter
             climates
             we
             may
             easily
             beleeve
             ;
             when
             we
             see
             that
             in
             our
             owne
             more
             temperate
             region
             ,
             the
             fear
             of
             hanging
             cannot
             hold
             some
             off
             from
             so
             foul
             a
             sinne
             .
             Let
             me
             adde
             hereunto
             the
             late
             experiments
             of
             some
             odiously
             incestuous
             marriages
             ,
             which
             (
             even
             by
             the
             relation
             of
             our
             Diurnalists
             )
             have
             by
             this
             meanes
             found
             a
             damnable
             passage
             ,
             to
             the
             great
             dishonour
             of
             God
             ,
             and
             shame
             of
             this
             Church
             ;
             And
             hereupon
             the
             sad
             issues
             of
             stolne
             Marriages
             ,
             wherein
             Parents
             have
             been
             most
             feloniously
             robbed
             of
             their
             Children
             ,
             are
             too
             feelingly
             known
             ,
             and
             irrecoverably
             
             lamented
             :
             But
             as
             for
             unfitnesse
             and
             inequality
             of
             matches
             ,
             both
             for
             age
             ,
             and
             condition
             ,
             (
             to
             the
             too
             late
             repentance
             and
             utter
             undoing
             of
             both
             parties
             )
             they
             are
             so
             ordinary
             ,
             that
             they
             are
             every
             dayes
             Occurrences
             :
             And
             all
             these
             evills
             have
             sensibly
             growne
             from
             the
             want
             of
             these
             publique
             Denuntiations
             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
             Royall
             authority
             *
             ,
             tooke
             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
             be
             
             given
             upon
             good
             bonds
             that
             the
             coast
             is
             cleare
             from
             all
             pre-contracts
             ,
             suits
             of
             law
             ,
             and
             prohibited
             degrees
             ;
             that
             the
             full
             consent
             of
             parents
             or
             Guardians
             is
             had
             ;
             that
             the
             marriage
             shall
             be
             celebrated
             in
             the
             parish
             Church
             where
             one
             of
             the
             parties
             dwelleth
             ;
             and
             lastly
             the
             oathes
             required
             of
             two
             sufficient
             witnesses
             (
             one
             whereof
             knowne
             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
             ,
             faculties
             corruptly
             procured
             ,
             and
             matches
             illegally
             struck
             up
             contrary
             to
             the
             pretended
             conditions
             :
             Whereas
             all
             this
             mischiefe
             might
             have
             been
             avoided
             ,
             if
             as
             no
             marriage
             may
             be
             allowed
             but
             publique
             ;
             so
             those
             publique
             marriages
             
             might
             not
             be
             celebrated
             but
             after
             thrice
             publication
             of
             the
             contract
             in
             both
             the
             parish
             Churches
             where
             the
             persons
             contracted
             are
             knowne
             to
             inhabite
             :
             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
             ,
             either
             by
             precontract
             ,
             or
             by
             proximity
             of
             blood
             ,
             or
             affinity
             ,
             it
             cannot
             be
             concealed
             ;
             that
             so
             the
             snare
             of
             either
             an
             unlawfull
             or
             prejudiciall
             matrimony
             may
             be
             seasonably
             eschewed
             :
             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
             be
             allowed
             of
             any
             person
             whatsoever
             (
             except
             perhaps
             the
             Peers
             of
             the
             Realme
             ,
             who
             are
             supposed
             to
             be
             famously
             known
             through
             the
             Kingdome
             )
             without
             a
             solemne
             publication
             of
             their
             contracts
             at
             three
             severall
             meetings
             to
             the
             Congregation
             
             assembled
             ;
             and
             that
             there
             may
             no
             dispensation
             at
             all
             be
             granted
             to
             the
             contrary
             upon
             any
             whatsoever
             conditions
             :
             And
             if
             some
             pretend
             bashfulnesse
             ,
             others
             feare
             of
             malicious
             prevention
             (
             as
             the
             Tridentine
             Doctors
             suggest
             )
             yet
             it
             is
             fit
             that
             both
             should
             vaile
             to
             the
             inevitable
             danger
             of
             those
             mischievous
             inconveniences
             ,
             which
             follow
             upon
             these
             clandestine
             matches
             ,
             and
             silent
             dispensations
             .
          
        
         
           
             CASE
             X.
             
          
           
             
               Whether
               marriages
               once
               made
               may
               be
               annulled
               ,
               and
               utterly
               voided
               ;
               and
               in
               what
               cases
               this
               may
               be
               done
               .
            
          
           
             IN
             what
             onely
             case
             a
             divorce
             may
             be
             made
             after
             a
             lawfull
             marriage
             ,
             you
             have
             seen
             before
             ;
             now
             you
             inquire
             of
             the
             annulling
             or
             voiding
             of
             marriages
             made
             unlawfully
             :
             which
             
             doubtlesse
             may
             be
             done
             by
             just
             authority
             upon
             divers
             well-grounded
             occasions
             :
             For
             as
             it
             is
             an
             indispensable
             charge
             ,
             
               Those
               whom
               God
               hath
               joined
               together
               let
               no
               man
               put
               asunder
            
             ;
             so
             it
             no
             lesse
             truly
             holds
             on
             the
             contrary
             ;
             Those
             whom
             God
             hath
             forbidden
             to
             be
             joined
             ,
             let
             no
             man
             keep
             together
             .
          
           
             Our
             Casuists
             are
             wont
             to
             be
             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
             kindes
             ;
             and
             some
             perhaps
             too
             many
             :
             I
             shall
             instance
             onely
             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
             upon
             a
             marriage
             with
             Mary
             ;
             whether
             upon
             the
             likenesse
             of
             the
             woman
             ,
             or
             the
             want
             of
             a
             discerning
             sense
             in
             the
             man
             ;
             or
             by
             some
             cunning
             conveyance
             of
             the
             perfidious
             contrivers
             ;
             For
             certainly
             ,
             it
             is
             the
             consent
             that
             makes
             the
             marriage
             ;
             and
             if
             the
             hearts
             be
             not
             joined
             together
             by
             mutuall
             agreement
             and
             affection
             ,
             the
             coupling
             of
             the
             hands
             is
             but
             a
             ceremony
             utterly
             ineffectuall
             :
             I
             doubt
             not
             but
             it
             was
             in
             Jacobs
             power
             to
             have
             dis-avowed
             the
             match
             with
             Leah
             ,
             whom
             his
             father
             in
             law
             had
             deceitfully
             obtruded
             upon
             him
             ,
             being
             more
             injurious
             in
             changing
             his
             wise
             ,
             then
             in
             ten-times
             changing
             his
             wages
             ;
             since
             his
             heart
             was
             not
             accessary
             to
             that
             match
             ,
             which
             the
             darknesse
             of
             the
             night
             ,
             and
             the
             suttlety
             of
             a
             Laban
             had
             drawne
             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
             affirme
             that
             a
             mis-marriage
             is
             no
             true
             wedlock
             ;
             and
             therefore
             justly
             to
             be
             branded
             with
             a
             nullity
             .
          
           
             A
             second
             may
             be
             the
             foedity
             and
             unnaturalnesse
             of
             the
             match
             ;
             when
             the
             parties
             incestuously
             marry
             within
             the
             first
             collaterall
             degree
             ,
             of
             Brothers
             and
             sisters
             ;
             the
             very
             mention
             whereof
             ,
             even
             nature
             it selfe
             ,
             not
             depraved
             ,
             abhorres
             :
             so
             as
             I
             cannot
             but
             wonder
             that
             the
             Roman
             Schoole
             should
             be
             so
             much
             divided
             in
             this
             point
             ,
             whiles
             *
             
               Bonaventure
               ,
               Richardus
            
             ,
             and
             Durand
             hold
             such
             a
             marriage
             even
             by
             divine
             law
             ,
             a
             nullity
             ;
             contrarily
             
               Aquinas
               ,
               Cajetan
               ,
               Thomas
               de
               Argentina
            
             and
             others
             (
             whom
             Covarruvias
             recites
             )
             defend
             this
             to
             be
             onely
             an
             impediment
             by
             the
             Canon
             law
             ,
             and
             therefore
             that
             it
             may
             be
             in
             
             the
             Popes
             power
             to
             dispense
             with
             so
             foule
             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
             ingenuous
             Christians
             cannot
             but
             willingly
             concurre
             in
             their
             judgements
             .
          
           
             A
             third
             may
             be
             the
             horriblenesse
             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
             knowne
             adultery
             with
             another
             mans
             wife
             ,
             contracts
             matrimony
             with
             the
             adulteresse
             in
             the
             life
             time
             of
             her
             husband
             .
          
           
           
             A
             fourth
             is
             the
             indissoluble
             knot
             of
             marriage
             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
             yeares
             stay
             ,
             and
             diligent
             inquisition
             ,
             finding
             the
             rumour
             strongly
             verified
             by
             credible
             testimonies
             ,
             and
             tendered
             oathes
             ,
             begins
             to
             listen
             to
             some
             earnest
             suitor
             ;
             and
             bestowes
             her selfe
             in
             a
             second
             marriage
             ;
             not
             long
             after
             which
             ,
             her
             onely
             true
             ,
             revived
             husband
             returnes
             ,
             and
             challengeth
             his
             right
             in
             that
             his
             lawfull
             wife
             ;
             pretending
             the
             mis-carriage
             of
             
             letters
             and
             messages
             sent
             by
             him
             in
             that
             forced
             absence
             .
             In
             this
             case
             what
             is
             to
             be
             done
             ?
             The
             woman
             hath
             cast
             her selfe
             upon
             the
             danger
             of
             a
             Capitall
             law
             ,
             except
             she
             have
             expected
             the
             time
             limited
             by
             statute
             ;
             or
             if
             she
             escape
             one
             of
             the
             husbands
             is
             to
             seeke
             for
             a
             wife
             ,
             whom
             both
             may
             not
             enjoy
             :
             Doubtlesse
             the
             second
             marriage
             ,
             is
             by
             Ecclesiasticall
             authority
             to
             be
             pronounced
             ,
             as
             it
             is
             ,
             null
             ;
             which
             indeed
             never
             had
             any
             true
             right
             to
             be
             :
             and
             the
             first
             must
             be
             content
             to
             swallow
             its
             owne
             inconveniences
             .
          
           
             A
             fifth
             may
             be
             a
             violent
             enforcement
             of
             the
             match
             :
             when
             a
             woman
             is
             upon
             feare
             of
             paine
             ,
             or
             death
             compelled
             to
             yeeld
             her selfe
             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
             petpetuall
             maleficiation
             ,
             or
             casualty
             :
             I
             say
             ,
             preceding
             ;
             for
             if
             any
             such
             disability
             be
             subsequent
             to
             the
             marriage
             ,
             the
             nullity
             is
             avoided
             ;
             But
             if
             the
             persons
             finde
             in
             themselves
             before
             hand
             such
             remedilesse
             incapability
             of
             a
             marriage
             estate
             ,
             they
             shall
             be
             highly
             injurious
             to
             each
             other
             ,
             and
             shall
             foulely
             abuse
             the
             ordinance
             of
             God
             in
             their
             entring
             into
             such
             a
             condition
             :
             For
             it
             is
             apparent
             ,
             that
             the
             maine
             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
             attaineable
             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
             kinde
             ,
             prosecuted
             in
             our
             Ecclesiasticall
             Consistories
             ;
             it
             is
             not
             to
             be
             doubted
             but
             there
             are
             many
             defects
             of
             this
             nature
             to
             be
             found
             every
             where
             ,
             yet
             scarce
             one
             in
             an
             age
             offers
             to
             complaine
             ,
             and
             call
             for
             redresse
             :
             so
             as
             it
             seemes
             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
           .
        
         
           Certaine
           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
           adjoyne
           them
           to
           their
           fellowes
           ,
           for
           the
           satisfaction
           of
           any
           others
           ,
           whom
           the
           same
           Cases
           may
           concerne
           .
        
         
           
             CASE
             I.
             
          
           
             
               Whether
               a
               Marriage
               consummate
               betwixt
               the
               Uncle
               and
               Neece
               be
               so
               utterly
               unlawfull
               ,
               as
               to
               merit
               a
               sentence
               of
               present
               separation
               .
            
          
           
             
               RESOLUTION
               .
            
             
               WHat
               prodigious
               Matches
               have
               been
               of
               late
               made
               ,
               and
               are
               still
               continued
               ,
               upon
               advantage
               taken
               of
               the
               unsetlednesse
               of
               the
               times
               ,
               I
               had
               rather
               
               silently
               lament
               ,
               then
               openly
               proclaime
               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
               Necce
               is
               hartned
               by
               a
               sophisticall
               pleader
               ;
               whose
               wit
               and
               skil
               is
               so
               ill
               bestowed
               in
               this
               case
               ,
               that
               I
               wish
               his
               fee
               might
               be
               perpetuall
               silence
               :
               but
               when
               he
               hath
               made
               use
               of
               his
               best
               art
               to
               so
               bad
               a
               purpose
               ,
               those
               colours
               of
               defence
               ,
               wherewith
               he
               thinks
               to
               daub
               over
               so
               foul
               a
               cause
               will
               prove
               but
               water-colours
               ,
               which
               shall
               easily
               be
               wash'd
               off
               by
               this
               present
               confutation
               .
            
             
             
               It
               was
               lawfull
               ,
               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
                 Siculús
              
               ;
               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
               mere
               necessity
               ;
               as
               we
               use
               to
               say
               that
               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
               he
               )
               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
               blessing
               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
               sixe
               of
               those
               Patriarohs
               ,
               who
               were
               the
               root
               of
               those
               glorious
               stemmes
               of
               Israel
               .
               If
               we
               should
               speak
               most
               flavourably
               of
               these
               conjunctions
               ,
               to
               ranke
               them
               under
               
                 malum
                 quia
                 prohibitum
              
               ,
               it
               must
               needs
               follow
               ,
               that
               till
               the
               prohibition
               came
               ,
               they
               could
               not
               be
               censured
               as
               evill
               :
               Though
               good
               Authors
               make
               it
               justly
               questionable
               ,
               whether
               these
               fore-alledged
               marriages
               should
               deservedly
               be
               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
               copulation
               with
               his
               daughters
               sped
               well
               ;
               two
               famous
               nations
               sprang
               thence
               ,
               and
               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
               the
               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.
               
               Indeed
               ,
               this
               case
               comes
               as
               home
               to
               the
               businesse
               as
               it
               is
               farre
               off
               from
               the
               text
               .
               See
               whether
               mes-prison
               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
               ,
               and
               you
               will
               soone
               finde
               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
               doubtfully
               ,
               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
               and
               Chaldee
               cleare
               that
               sense
               :
               So
               the
               Septuagint
               ,
               as
               
                 Emanuel
                 Sa
              
               also
               urges
               upon
               that
               place
               ,
               Judg.
               1.
               13.
               expressly
               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
               Caleb's
               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
               Lot's
               Uncle
               :
               So
               was
               Kenaz
               a
               Progenitor
               to
               Othniel
               ,
               for
               Caleb
               is
               styled
               the
               sonne
               of
               Jephunneh
               the
               Kenezite
               ,
               
                 Josh
                 ,
                 14.
                 14.
                 
                 &
                 Numb
                 .
              
               32.
               12.
               
               The
               case
               was
               onely
               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
                 and
                 Seraiah
              
               ;
               So
               as
               if
               we
               take
               this
               most
               strictly
               to
               the
               letter
               ,
               it
               implies
               nothing
               but
               the
               marriage
               of
               two
               Cozens
               German
               ,
               Othniel
               the
               sonne
               of
               Kenaz
               ,
               and
               Achsah
               the
               daughter
               of
               Galeb
               ,
               Brothers
               children
               ,
               as
               Bucer
               upon
               the
               place
               ,
               Melanehton
               in
               his
               Tract
               
                 De
                 Conjugio
                 ,
                 Junius
              
               ;
               and
               indeed
               ,
               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
               mis-conceit
               .
            
             
               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
               termes
               of
               a
               Direct
               prohibition
               ,
               when
               there
               is
               one
               no
               lesse
               forceable
               ,
               and
               convictive
               :
            
             
             
               Two
               wayes
               may
               ought
               be
               effectually
               forbidden
               in
               the
               law
               ;
               Either
               in
               plain
               expression
               of
               termes
               ,
               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
                 opera
              
               ,
               forbid
               the
               Uncle
               to
               marry
               the
               Neece
               ;
               In
               regard
               as
               of
               nearnesse
               ,
               yea
               identity
               of
               blood
               ,
               the
               case
               is
               the
               same
               ;
               however
               ,
               some
               inequality
               may
               be
               conceived
               in
               respect
               of
               government
               ,
               and
               subjection
               :
               And
               if
               upon
               some
               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
               be
               conceived
               ?
               Nature
               hath
               made
               no
               
               other
               distance
               betwixt
               the
               Nephew
               ,
               &
               the
               Aunt
               ,
               than
               betwixt
               the
               Neece
               and
               Uncle
               :
               or
               if
               there
               be
               any
               ,
               they
               must
               be
               sharper
               eyes
               than
               mine
               that
               can
               discerne
               it
               :
               God
               himselfe
               (
               methinks
               )
               hath
               put
               this
               out
               of
               doubt
               ;
               the
               reason
               wherewith
               he
               backs
               his
               cōmand
               is
               irresistible
               ;
               The
               Nephew
               shall
               not
               marry
               the
               Fathers
               Sister
               ;
               why
               so
               ?
               
                 For
                 she
                 is
                 thy
                 Fathers
                 neare
                 Kinswoman
                 ,
                 ver
                 .
              
               12.
               
               Lo
               ,
               it
               is
               the
               nearnesse
               of
               blood
               that
               makes
               this
               match
               unlawfull
               ,
               not
               respect
               of
               civill
               inequality
               ;
               Where
               the
               blood
               then
               is
               equally
               neare
               ,
               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
               need
               of
               a
               faire
               construction
               ;
               Indeed
               ,
               that
               which
               is
               not
               forbidden
               either
               in
               words
               ,
               or
               in
               necessary
               analogie
               and
               implication
               of
               sense
               ,
               is
               supposed
               to
               be
               left
               at
               large
               ;
               
               But
               what
               place
               hath
               this
               Axiome
               in
               a
               case
               not
               lesse
               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
               mariages
               not
               specified
               ,
               which
               would
               be
               monstrously
               incestuous
               ,
               and
               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
               be
               stretcht
               further
               ,
               then
               their
               words
               import
               .
               Certainly
               ,
               in
               some
               sense
               I
               know
               no
               law
               that
               is
               not
               penall
               ;
               but
               why
               this
               law
               ,
               
                 Thou
                 shalt
                 not
                 marry
                 thy
                 Aunt
                 or
                 Neece
              
               should
               be
               rather
               penall
               ,
               than
               ,
               
                 Thou
                 shalt
                 not
                 commit
                 adultery
              
               ,
               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
               axiome
               
               may
               challenge
               a
               place
               ,
               yet
               in
               the
               royall
               lawes
               of
               our
               Maker
               ,
               where
               ,
               under
               one
               sin
               mentioned
               ,
               all
               the
               species
               and
               appendances
               ,
               and
               the
               whole
               claime
               of
               that
               wickednesse
               is
               wont
               to
               be
               comprised
               ,
               doubtlesse
               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
               Cōmandement
               ,
               nothing
               is
               expressed
               but
               adultery
               ,
               shall
               wee
               therefore
               say
               neither
               fornication
               ,
               nor
               pollution
               ,
               nor
               sodomie
               is
               there
               forbidden
               ?
               were
               not
               this
               to
               destroy
               that
               law
               ,
               which
               God
               makes
               to
               be
               spirituall
               ;
               and
               to
               open
               the
               flood-gates
               to
               a
               torrent
               of
               licentiousnesse
               ?
               surely
               ,
               it
               is
               easie
               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
               ,
               It
               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
               determine
               what
               he
               meant
               to
               imply
               :
               These
               rules
               then
               are
               uselesse
               :
               Let
               me
               see
               now
               if
               the
               Advocate
               can
               as
               easily
               shake
               off
               one
               or
               two
               rules
               of
               law
               ,
               which
               I
               shall
               returne
               upon
               him
               in
               lieu
               of
               his
               .
               
                 Is
                 committit
                 in
                 legem
                 ,
                 &c.
                 
              
               He
               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
               (
               he
               saith
               )
               by
               the
               Canonists
               ,
               and
               Scholemen
               ;
               But
               what
               is
               it
               ,
               that
               is
               so
               maintained
               ?
               Not
               this
               match
               (
               let
               no
               man
               thinke
               so
               )
               but
               that
               proposition
               ,
               viz.
               
               that
               this
               match
               is
               no
               where
               directly
               forbidden
               in
               Gods
               law
               ;
               If
               we
               take
               it
               of
               express
               termes
               ,
               no
               wise
               man
               ever
               denied
               it
               ;
               not
               Canonists
               ,
               and
               Scholemen
               onely
               ,
               or
               those
               few
               named
               Authours
               ,
               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
               Analogie
               and
               infallible
               implication
               ,
               now
               ,
               none
               of
               the
               forecited
               ,
               or
               any
               other
               orthodox
               Authours
               will
               deny
               the
               certaine
               and
               indubitable
               prohibition
               of
               this
               marriage
               .
               How
               well
               the
               rest
               will
               speed
               ,
               judge
               by
               their
               fore-man
               ,
               
                 Tho
                 :
                 Aquinas
              
               ;
               who
               expressly
               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
               unlawfulnesse
               of
               marriages
               to
               the
               very
               seventh
               degree
               ,
               
                 vel
                 quousque
                 parentela
                 possit
                 agnosci
              
               ,
               
               even
               as
               farre
               as
               the
               kinred
               may
               be
               discern'd
               ,
               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
               nowabolished
               Court
               ,
               whose
               late
               sentence
               is
               upon
               Record
               enough
               to
               this
               purpose
               .
            
             
               As
               for
               Lyra
               ,
               who
               is
               trayled
               in
               here
               ,
               and
               cited
               strongly
               in
               Othoniels
               case
               ,
               what
               shall
               I
               say
               ?
               It
               grieves
               my
               soule
               to
               see
               any
               well-minded
               Christian
               so
               abused
               by
               mis-information
               :
               This
               author
               hath
               thus
               ,
               
                 Turpitudinom
                 Sororis
                 ,
                 &c.
              
               
               Thou
               shalt
               not
               uncover
               the
               nakednesse
               of
               thy
               Fathers
               Sister
               ,
               or
               thy
               Mothers
               Sister
               ,
               
                 (
                 &
                 eodum
                 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
               favour
               of
               which
               he
               is
               alledged
               .
            
             
               This
               would
               be
               the
               issue
               of
               all
               the
               rest
               ,
               if
               it
               were
               worth
               the
               while
               to
               examine
               them
               ,
               in
               that
               ,
               which
               yeelded
               ,
               nothing
               advanceth
               the
               cause
               of
               the
               producer
               .
               They
               are
               all
               as
               professed
               enemies
               to
               this
               match
               as
               my selfe
               ;
               onely
               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
               ,
               and
               the
               Authors
               ;
               Let
               me
               give
               but
               a
               taste
               of
               some
               ,
               
                 Melancthon
                 ,
                 Zanchius
                 ,
                 Bucanus
              
               ;
               who
               are
               said
               to
               allow
               the
               match
               ,
               by
               admitting
               onely
               the
               degrees
               mentioned
               to
               be
               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
               inequall
               line
               ,
               marriages
               are
               forbidden
               by
               Gods
               law
               ,
               because
               God
               doth
               universally
               ordaine
               a
               greater
               reverence
               to
               be
               yeelded
               to
               a
               Superiour
               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.
                 
              
               Therefore
               no
               man
               ,
               saith
               he
               ,
               may
               marry
               his
               Aunt
               ;
               and
               that
               charge
               ,
               which
               he
               gives
               concerning
               the
               Aunt
               ,
               would
               God
               have
               to
               be
               understood
               also
               of
               the
               Uncle
               ,
               which
               is
               the
               Fathers
               brother
               ,
               or
               the
               Mothers
               brother
               ;
               whiles
               he
               addes
               a
               reason
               of
               the
               prohibition
               ,
               For
               she
               is
               the
               neare
               kinswoman
               of
               thy
               Father
               ,
               or
               Mother
               ;
               
               Thus
               Zanchius
               in
               his
               booke
               
                 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
               forhead
               then
               ,
               could
               any
               Schollar
               obtrude
               these
               false
               allegations
               upon
               an
               honest
               client
               ,
               whether
               to
               draw
               his
               foot
               into
               a
               snare
               ,
               or
               to
               keepe
               it
               there
               ,
               under
               pretence
               of
               favouring
               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
               doe
               ;
               they
               are
               not
               more
               
               without
               God
               ,
               then
               without
               honesty
               ,
               or
               credit
               ;
               Their
               opinions
               are
               fabulous
               ,
               their
               judgement
               frivolous
               ,
               and
               their
               practice
               not
               worth
               our
               knowledge
               ,
               or
               regard
               .
            
             
               I
               rather
               descend
               to
               the
               resolution
               of
               our
               owne
               Church
               ;
               That
               our
               ever
               honored
               Mother
               hath
               passed
               her
               condemnatorie
               sentence
               upon
               this
               Marriage
               in
               her
               Ratification
               of
               that
               Orthodoxe
               and
               just
               Table
               of
               forbidden
               Degrees
               ,
               set
               forth
               by
               authority
               under
               Archb.
               Parker
               ,
               what
               doubt
               we
               now
               ?
               Doe
               we
               acknowledge
               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
               sonne
               (
               me
               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
               wherein
               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
               yeare
               1563.
               and
               all
               marriages
               so
               made
               and
               contracted
               shall
               be
               adjudged
               incestuous
               and
               unlawfull
               .
            
             
               What
               scruple
               can
               arise
               hence
               ?
               here
               is
               a
               perfect
               harmonie
               betwixt
               statute
               ,
               and
               Canon
               .
               It
               is
               a
               mere
               Cavill
               (
               no
               better
               )
               to
               take
               And
               for
               Or
               ;
               as
               if
               the
               meaning
               were
               ,
               that
               all
               degrees
               
               whether
               prohibited
               by
               the
               law
               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
               averre
               that
               all
               those
               degrees
               prohibited
               in
               that
               Table
               are
               also
               forbidden
               by
               the
               lawes
               of
               God
               ;
               A
               truth
               so
               certaine
               ,
               that
               if
               either
               selfe-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
               speake
               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
               interminis
               ,
               
               forbidden
               ;
               we
               should
               have
               strange
               and
               uncouth
               mixtures
               .
            
             
               God
               by
               Moses
               expresly
               forbad
               the
               uncovering
               the
               nakednesse
               of
               Father
               and
               Mother
               ;
               he
               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
               nakednesse
               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
               onely
               by
               meer
               verball
               expressions
               ,
               a
               Woman
               might
               marry
               her
               
               Son-in-law
               ;
               the
               Nephew
               might
               marry
               his
               great
               Aunt
               ,
               the
               Neece
               her
               great
               Unkle
               ;
               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
               cleare
               Analogie
               ;
               no
               lesse
               then
               if
               they
               had
               been
               expressed
               .
            
             
               But
               have
               there
               been
               (
               as
               he
               saith
               )
               precedents
               of
               this
               match
               ?
               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
               claime
               .
            
             
               Cozens
               German
               ,
               he
               saith
               ,
               have
               been
               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
               claime
               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
               twigge
               ;
               
                 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
               therefore
               of
               either
               connivence
               or
               dispensation
               ;
               This
               match
               is
               onely
               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
             yeildeth
             more
             seruples
             ,
             then
             this
             of
             Marriage
             ,
             whether
             we
             regard
             the
             qualification
             of
             the
             Persons
             ,
             or
             the
             emergency
             of
             actions
             ,
             and
             events
             .
             It
             is
             the
             lawfulnesse
             of
             this
             match
             that
             you
             inquire
             after
             ,
             not
             the
             expedience
             ,
             and
             I
             must
             shape
             my
             answer
             accordingly
             .
          
           
             It
             hath
             been
             the
             wisdome
             and
             care
             of
             our
             godly
             and
             prudent
             Predecessours
             ,
             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
             therefore
             why
             you
             may
             not
             conclude
             it
             not
             unlawfull
             .
          
           
             The
             question
             of
             the
             Expedience
             would
             require
             another
             debate
             ;
             doubtlesse
             ,
             in
             all
             cases
             of
             this
             nature
             ,
             it
             must
             needs
             be
             yeilded
             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
             therefore
             I
             give
             my
             opinion
             for
             the
             lawfulnesse
             of
             this
             Marriage
             with
             the
             Relict
             of
             the
             Wives
             brother
             ,
             I
             doe
             no
             whit
             clash
             (
             as
             you
             suggest
             )
             with
             the
             judgment
             of
             Beza
             ,
             and
             Master
             Perkins
             ,
             who
             professe
             their
             dislike
             of
             such
             copulations
             :
             I
             shall
             as
             readily
             cry
             them
             downe
             for
             unmeet
             ,
             
             and
             inconvenient
             ,
             as
             those
             ,
             that
             with
             too
             much
             boldnesse
             come
             over
             neare
             to
             the
             Verge
             of
             a
             sinfull
             conjuction
             ;
             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
             universall
             rule
             mentioned
             by
             you
             ,
             as
             layd
             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
             barre
             ,
             then
             the
             same
             proximity
             of
             alliance
             in
             the
             other
             ;
             Otherwise
             ,
             many
             more
             copulations
             will
             fall
             under
             censure
             ,
             then
             common
             practice
             will
             condescend
             unto
             ;
             and
             that
             ground
             of
             ,
             
               uxor
               pars
               quaedam
               
               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
             some
             difference
             in
             these
             relations
             ,
             those
             second
             persons
             which
             are
             interessed
             in
             the
             Husband
             ,
             or
             Wife
             ,
             might
             not
             come
             neare
             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
             be
             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
             rank
             of
             affinity
             ;
             if
             we
             descend
             lower
             ,
             it
             holds
             not
             .
             For
             further
             explanation
             ,
             our
             Civilians
             and
             Canonists
             are
             wont
             to
             make
             two
             kindes
             or
             degrees
             of
             
             Affinity
             ,
             The
             one
             Primary
             ,
             the
             other
             Secondary
             ;
             In
             the
             first
             ,
             is
             the
             affinity
             betwixt
             the
             Husband
             ,
             and
             the
             Cozens
             of
             blood
             to
             his
             Wife
             ,
             or
             ,
             
               è
               converso
            
             ;
             which
             indeed
             ,
             is
             justly
             held
             no
             lesse
             for
             a
             barre
             of
             marriage
             ,
             then
             his
             own
             naturall
             consanguinity
             ;
             for
             that
             is
             an
             affinity
             contracted
             upon
             interest
             of
             blood
             ,
             by
             vertue
             of
             that
             entire
             union
             ,
             betwixt
             Man
             and
             Wife
             ,
             whereby
             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
             onely
             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.
             
               Nicholaus
               Everhardus
            
             out
             of
             
               Richardus
               de
               Media
               Villa
            
             ,
             and
             Panormitan
             ,
             hath
             clearly
             determined
             *
             ;
             Of
             this
             kind
             is
             the
             Marriage
             now
             questioned
             ,
             which
             therefore
             doth
             not
             fall
             within
             the
             compasse
             of
             the
             prohibition
             ,
             
               Secundum
               genus
               affinitatis
               ,
               &c.
            
             
             The
             second
             kinde
             of
             affinity
             ,
             which
             is
             by
             a
             Person
             added
             unto
             the
             first
             kinde
             is
             no
             barre
             to
             Matrimony
             ;
             And
             with
             this
             judgment
             I
             find
             no
             reason
             why
             I
             should
             not
             concurre
             ;
             but
             if
             any
             man
             thinke
             that
             he
             sees
             just
             ground
             to
             entertaine
             a
             contrary
             opinion
             ,
             I
             prejudge
             him
             not
             ,
             but
             modestly
             leave
             him
             to
             the
             freedome
             of
             his
             owne
             thoughts
             .
          
        
         
           
           
             CASE
             III.
             
          
           
             
               Whether
               an
               incestuous
               Marriage
               contracted
               in
               simplicity
               of
               heart
               betwixt
               two
               Persons
               ignorant
               of
               such
               a
               desilement
               ,
               and
               so
               farre
               consummate
               as
               that
               Children
               are
               borne
               in
               that
               wedlocke
               ,
               ought
               to
               be
               made
               knowne
               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
             kinde
             ,
             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
             Authours
             .
          
           
             The
             case
             thus
             :
             A
             Gentlewoman
             of
             great
             note
             in
             those
             parts
             ,
             being
             left
             a
             Widow
             ,
             had
             her
             Sonne
             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
             onely
             to
             repell
             his
             offers
             ,
             but
             being
             wearied
             with
             his
             wicked
             importunity
             ,
             to
             complaine
             to
             her
             Mistresse
             ,
             of
             his
             impetuous
             motions
             :
             The
             Mother
             out
             of
             a
             purpose
             to
             represse
             this
             wild
             humour
             in
             her
             Sonne
             ,
             bids
             the
             Maid
             ,
             in
             a
             seeming
             yeildance
             to
             make
             appointment
             the
             night
             following
             with
             him
             ,
             at
             which
             time
             she
             would
             change
             beds
             with
             the
             Maid
             ,
             and
             school
             the
             young
             man
             to
             purpose
             .
             This
             being
             accordingly
             done
             ,
             the
             Devil
             so
             farre
             prevailed
             with
             the
             Mother
             ,
             that
             in
             stead
             of
             chastising
             ,
             she
             yeilded
             to
             the
             lust
             of
             her
             Sonne
             ,
             and
             by
             him
             conceived
             a
             Daughter
             :
             and
             now
             finding
             her selfe
             to
             grow
             bigge
             ,
             for
             the
             hiding
             of
             her
             shame
             ,
             she
             retired
             secretly
             to
             a
             remote
             part
             of
             the
             countrey
             ,
             where
             she
             unknowne
             left
             the
             burden
             of
             her
             wombe
             ,
             and
             tooke
             order
             for
             all
             care
             &
             secrecy
             of
             education
             :
             After
             some
             
             yeares
             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
             growne
             a
             Man
             ,
             fell
             into
             passionate
             love
             with
             her
             ;
             and
             in
             short
             ,
             married
             her
             ;
             little
             thinking
             that
             he
             was
             now
             matched
             with
             his
             owne
             Daughter
             ,
             begotten
             by
             him
             of
             his
             own
             Mother
             :
             They
             lived
             lovingly
             and
             comfortably
             together
             ,
             and
             had
             divers
             Children
             betwixt
             them
             .
             Onely
             the
             Mother
             ,
             who
             was
             alone
             conscious
             of
             this
             monstrous
             copulation
             ,
             began
             to
             finde
             an
             hell
             in
             her
             bosome
             ;
             and
             in
             a
             deep
             remorse
             ,
             made
             the
             case
             ,
             at
             last
             ,
             knowne
             to
             some
             learned
             Divines
             of
             that
             time
             ,
             who
             bestowed
             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
             sould
             humiliation
             secretly
             make
             her
             peace
             with
             God
             ,
             for
             so
             foule
             and
             prodigious
             a
             sin
             ;
             but
             that
             the
             knowledge
             of
             the
             horrible
             incestuousnesse
             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
             somewhat
             home
             to
             yours
             ;
             to
             spend
             my
             opinion
             therefore
             in
             this
             case
             ,
             I
             finde
             no
             reason
             ,
             all
             things
             considered
             ,
             to
             vary
             from
             their
             judgment
             .
          
           
             I
             say
             then
             ,
             that
             the
             Mothers
             sinne
             was
             not
             more
             haynous
             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
             therefore
             ,
             though
             to
             her
             perpetuall
             shame
             ,
             when
             she
             saw
             an
             inclination
             in
             her
             Sonne
             to
             so
             foulelyunnaturall
             a
             match
             ,
             to
             have
             forestalled
             it
             by
             a
             free
             confession
             ,
             and
             to
             have
             made
             him
             sensible
             of
             so
             odious
             a
             procation
             :
             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
             Sonne
             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
             sinne
             should
             passe
             without
             some
             exemplary
             censure
             ,
             and
             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
             mischeifes
             would
             follow
             upon
             so
             late
             a
             discoverie
             ;
             First
             all
             honest
             hearts
             are
             put
             into
             a
             just
             ,
             but
             unprofitable
             horrour
             ,
             to
             thinke
             that
             sueh
             a
             flagitious
             wickednesse
             could
             be
             committed
             ;
             Then
             the
             Mother
             who
             had
             rinced
             her
             soule
             ,
             with
             a
             fountaine
             of
             teares
             ,
             for
             so
             hatefull
             a
             mis-carriage
             ,
             and
             reconciled
             her selfe
             to
             that
             God
             ,
             who
             was
             the
             onely
             witnesse
             of
             her
             sin
             ,
             should
             be
             so
             late
             exposed
             to
             the
             unseasonable
             shame
             of
             that
             world
             ,
             which
             never
             was
             privie
             to
             her
             offence
             .
          
           
             As
             for
             the
             young
             couple
             thus
             prodigiously
             conjoyned
             ,
             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
             borne
             to
             them
             in
             so
             detestable
             
             a
             wedlock
             ,
             whom
             they
             had
             formerly
             beheld
             with
             complacence
             ,
             and
             comfort
             ,
             as
             the
             sweet
             pledges
             of
             their
             conjugall
             love
             ,
             how
             must
             they
             now
             needs
             looke
             upon
             them
             ,
             as
             the
             living
             monuments
             of
             their
             ignominie
             ;
             and
             loath
             them
             as
             the
             most
             basely-begotten
             impes
             of
             a
             worse
             then
             bestiall
             copulation
             .
             And
             when
             riper
             age
             should
             bring
             that
             unhappy
             off-spring
             forth
             into
             the
             world
             ,
             how
             should
             they
             be
             every
             where
             pointed
             at
             ,
             and
             hooted
             after
             ;
             as
             some
             strange
             aberrations
             of
             nature
             ;
             all
             which
             are
             avoyded
             by
             this
             seorecy
             .
          
           
             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
             ,
             and
             of
             their
             mutual
             relations
             ;
             for
             it
             is
             to
             be
             supposed
             ,
             that
             had
             they
             had
             the
             least
             intimation
             of
             the
             naturall
             interest
             of
             Father
             ,
             and
             daughter
             ,
             they
             would
             with
             much
             indignation
             have
             defied
             so
             foule
             a
             commixture
             ,
             which
             even
             brute
             creatures
             (
             if
             we
             may
             beleeve
             histories
             )
             have
             by
             the
             instinct
             of
             nature
             abominated
             ,
             and
             ,
             upon
             after
             knowledge
             ,
             revenged
             .
          
           
             And
             if
             any
             light
             of
             knowledge
             should
             have
             broken
             forth
             unto
             the
             parties
             ,
             of
             that
             condition
             ,
             wherein
             they
             stood
             ,
             then
             to
             have
             continued
             under
             that
             state
             of
             Incest
             ,
             but
             an
             houre
             ,
             had
             beene
             damnably
             sinfull
             ;
             now
             all
             those
             inevitable
             consequences
             of
             shame
             and
             horrour
             must
             have
             beene
             sleighted
             and
             forgotten
             ,
             and
             must
             have
             shut
             up
             in
             a
             sodaine
             dissolution
             .
          
           
           
             But
             ,
             as
             there
             are
             many
             degrees
             of
             Incest
             ;
             and
             the
             sin
             is
             so
             much
             more
             ,
             or
             lesse
             haynous
             ,
             as
             the
             parties
             are
             nearer
             ,
             or
             more
             remote
             ;
             I
             perceive
             the
             case
             intimated
             by
             you
             ,
             concernes
             a
             lower
             ranke
             of
             incestuous
             copulation
             ;
             namely
             ,
             an
             incest
             arising
             from
             a
             mans
             carnall
             knowledge
             of
             a
             person
             too
             neare
             in
             blood
             unto
             her
             ,
             whom
             he
             afterwards
             marrieth
             ;
             The
             fact
             knowne
             onely
             by
             one
             ,
             who
             now
             doubts
             whether
             he
             be
             not
             bound
             to
             reveale
             it
             :
             And
             why
             not
             sooner
             ,
             when
             so
             faulty
             a
             match
             might
             have
             beene
             prevented
             ?
             Why
             so
             late
             ,
             when
             the
             remedy
             intended
             ,
             would
             be
             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
             make
             known
             the
             secret
             sin
             of
             another
             ?
             Doubtlesse
             to
             prevent
             some
             enormious
             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
             ,
             and
             must
             disclose
             our
             knowledge
             of
             a
             close
             wickednesse
             ;
             Or
             if
             the
             act
             be
             so
             haynously
             flagitious
             ,
             and
             redounding
             to
             so
             high
             dishonour
             of
             God
             ,
             as
             that
             our
             conscience
             tels
             us
             we
             shall
             participate
             of
             this
             sinne
             in
             concealing
             it
             ;
             our
             holy
             zeale
             shall
             herein
             beare
             us
             out
             in
             a
             just
             accusation
             ;
             although
             in
             this
             case
             ,
             heed
             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
             sclander
             ;
             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
             :
             We
             have
             learn'd
             
             from
             Aquinas
             that
             there
             are
             eight
             wayes
             of
             this
             hatefull
             practice
             ;
             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
             be
             unseasonable
             ,
             and
             past
             the
             date
             ;
             You
             know
             that
             the
             notice
             of
             treason
             ,
             if
             too
             long
             smothered
             ,
             draws
             the
             concealer
             into
             danger
             :
             and
             in
             this
             case
             ,
             though
             there
             be
             no
             perill
             in
             the
             silence
             ,
             yet
             there
             may
             be
             injurie
             :
             Shortly
             ,
             this
             sin
             ,
             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
             over-late
             ,
             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
             beene
             construed
             as
             Zeale
             ,
             now
             ,
             not
             to
             hold
             your
             peace
             ,
             will
             be
             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
             make
             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
             〈◊〉
             ,
             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
             ninety
             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
             professe
             ,
             that
             such
             scruples
             as
             I
             meet
             with
             in
             my
             way
             ,
             I
             shall
             not
             
             allow
             my selfe
             to
             balk
             ,
             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
             goe
             through
             with
             so
             usefull
             a
             worke
             ;
             Many
             yeares
             are
             passed
             since
             my
             ancient
             and
             learned
             Colleague
             ,
             Dr.
          
           Ralph
           Cudworth
           
             told
             me
             that
             he
             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 A45311-e310
           
             *
             Dan.
             10.
             13.
             20
             ,
             21.
             12.
             1.
             
          
        
         
           Notes for div A45311-e1660
           
             *
             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
             Justit
             .
             &
             Jure
             l.
             6.
             quaest
             .
             2.
             
             Artic.
             3.
             tradit
             hoc
             ut
             Axioma
             Jurisconsultorum
             .
          
           
             *
             Tull.
             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
             et
             Justit
             .
             l.
             5.
             q.
             3.
             pag.
             436.
             
          
        
         
           Notes for div A45311-e3820
           
             *
             Les
             .
             de
             .
             jur
             .
             &c.
             l.
             2.
             c.
             9.
             dubit
             .
             8.
             
             Ex
             Antonio
             et
             Sylvestr
             .
             &c.
             
          
           
             *
             Ibid.
             paragr
             .
             ult
             .
          
           
             *
             Less
             .
             ibid.
             
          
           
             *
             Dalton
             p.
             244.
             
          
           
             *
             Orat.
             pro.
             Mil.
             
          
           
             †
             Bann
             .
             q.
             64.
             a.
             7.
             dub
             .
             9.
             
             Navar.
             l.
             2.
             c.
             3.
             
             Lessius
             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
               fucrit
            
             :
             Ours
             ,
             if
             no
             mischief
             follow
             .
          
           
             *
             Cornel.
             a
             Lap.
             in
             Exod.
             21.
             
          
           
             *
             Vel.
             ut
             alii
             ,
             
               Quorum
               animae
               certissimè
               in
               limbum
               descendunt
               sine
               Baptismo
               .
            
             Mart.
             Alphons
             .
             Viv.
             Explan
             .
             Bullae
             de
             abort
             .
          
           
             *
             Rodr.
             Sum.
             To.
             1.
             ca.
             5.
             de
             Abort
             .
          
           
             *
             Vid.
             Rodrig
             .
             ubi
             supra
             .
          
           
             *
             
               Constit
               .
               Greg.
            
             14.
             
             Quae
             dicit
             quod
             quivis
             Confessor
             approbatus
             ab
             Ordinario
             potest
             absolvere
             à
             peccato
             abortus
             .
             Ibid.
             
          
           
             *
             Murt
             .
             Alphons
             .
             Vivald
             .
             expli
             .
             Bull.
             Cruc
             .
          
           
             *
             Qui
             retinetur
             in
             carcere
             propter
             aliquod
             delictum
             ,
             &c.
             
               Rodrig
               .
               Sum.
               cap.
            
             40.
             
          
           
             *
             Val.
             Max.
             l.
             5.
             
             Dom.
             Sot.
             de
             Jure
             ,
             &c.
             l.
             5.
             g.
             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
             officio
             suo
             vivit
             debeat
             tantam
             jacturam
             facere
             ,
             durum
             creditu
             est
             .
             
               Dom.
               Sot.
               ubi
               supra
            
             .
          
           
             †
             In
             causis
             civilibus
             et
             minus
             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.
             
          
           
             *
             Les
             .
             de
             jur
             .
             l.
             2.
             cap.
             13.
             dub
             .
             3
             a.
             
          
           
             *
             Mart.
             Azpil
             .
             Navar.
             enchirid
             .
             cap.
             25.
             num
             38.
             
          
           
             *
             Less
             .
             de
             Jure
             l.
             2.
             c.
             9.
             dub
             .
             6.
             
          
           
             *
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             L.
             Verulam
             .
             Advanc
             .
             of
             Learning
             .
          
        
         
           Notes for div A45311-e6940
           
             *
             Navarr
             .
             Enchir.
             cap.
             11.
             n.
             28.
             
          
           
             †
             Less
             .
             l.
             2.
             
             De
             māgia
             cap.
             44.
             dub
             .
             6.
             
          
           
             *
             Thesaurus
             Exorcismorum
             ;
             atque
             Conjurationum
             terribilium
             ,
             &c.
             Tract
             .
             Dispersio
             daemonum
             .
             Fratris
             Valcrii
             Polydori
             Patavini
             .
             Ord.
             Minorum
             Conventualium
             .
          
           
             †
             
               Tit.
               applicabile
            
             .
             3.
             
             Rutae
             in
             charta
             benedicta
             super
             seportaudae
             &
             olfaciendae
             ,
             ad
             omnem
             invasionem
             diabolicam
             repellendam
             .
          
           
             *
             
               Applicabile
               .
               15.
               
               Tit.
            
             Profumigatio
             borriblis
             ,
             ejusque
             vulgata
             benedictio
             .
          
           
             *
             Less
             .
             ubi
             supra
             Dubit
             .
             5
             a.
             
          
           
             *
             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
               Lutherana
               .
            
             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.
             
             Bongus
             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
             sint
             ,
             praedicationi
             &
             conversioni
             corum
             qui
             crediderint
             impedimento
             esse
             possint
             .
          
           
             *
             Decret
             .
             &
             indultum
             Alex.
             6.
             super
             expeditione
             ,
             &c.
             Populos
             in
             ejusmodi
             insulis
             &
             terris
             degentes
             ad
             Christianam
             religionem
             indulcere
             velitis
             &
             debeatis
             ,
             &c.
             
          
           
             *
             Eccles
             .
             18.
             1.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             *
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             communiler
             .
             Montan.
             
          
           
             †
             Estii
             Annotas
             .
             in
             bocum
             .
          
           
             *
             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
             be
             used
             ordinarily
             to
             signifie
             either
             Principes
             ,
             or
             Sacerdotes
             ,
             as
             Exod.
             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
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             numeros
             .
          
           
             †
             Rev.
             15.
             6.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             Suid.
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             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
               spadonic
               devirgiuabit
               juvenculam
            
             ,
             Ecolus
             .
             20.
             4.
             
             Super
             for
             subter
             .
             Gen.
             35.
             8.
             
             Vulnera
             for
             ulccra
             ,
             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
               fucrit
            
             ,
             for
             fucrit
             .
             Josh
             .
             2.
             18.
             
             Occidentalem
             ,
             for
             Orientalem
             ,
             Jos
             .
             12.
             3.
             
             Hamata
             for
             Squamata
             ,
             1
             Sam.
             17.
             5.
             
             
               Vagi
               habitabunt
            
             for
             
               pagi
               habitabuntur
            
             ,
             1
             Sam.
             27.
             8.
             
             Judam
             for
             Ludam
             2
             Sam.
             6.
             20.
             
             Tumulum
             for
             tumultum
             ,
             2
             Sam.
             18.
             29.
             
             
               I
               apides
               seculi
            
             ,
             for
             Sacculi
             ;
             Prov.
             16.
             11.
             
             
               Ad
               alia
            
             for
             
               ad
               alta
            
             ,
             Prov.
             26.
             2.
             
             Sponsa
             for
             Spcciosa
             ,
             Cant.
             2.
             13.
             
             Adultera
             for
             adulta
             ,
             Ecclus.
             42.
             9.
             
             Infidelem
             for
             fidelem
             ,
             Esa
             .
             17.
             10.
             
             Imitantes
             for
             
               irritantes
               :
               Terra
            
             for
             ●er
             ,
             Ecclus
             48.
             2
             ,
             3.
             
             Obsurduit
             for
             obsorduit
             ,
             Esa
             .
             33.
             19.
             
             Imprudentem
             for
             impudentem
             ,
             Esa
             .
             33.
             19.
             
             
               Faunis
               sicariis
            
             for
             
               fatuis
               sicariis
            
             .
             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
             ,
             Acts
             28.
             1.
             
             Compellebantur
             ,
             for
             Complebantur
             .
             Luk.
             8.
             23.
             
             Placucrunt
             for
             Latuerunt
             .
             Heb.
             13.
             2.
             
             Adduxistis
             for
             addixistis
             .
             Jac.
             5.
             6.
             
             
               In
               carne
            
             for
             
               in
               carcere
            
             ,
             1
             Pet.
             3.
             19.
             
             Apppropiuquabit
             for
             appropinquavit
             ,
             1
             Pet.
             4
             7.
             
             Tubarum
             for
             turbarum
             ,
             Rev.
             19.
             1.
             
             
               De
               igne
               Chaldaeorum
            
             for
             
               de
               ur
               Chaldaeorum
            
             ,
             Nehem.
             9.
             7.
             
          
        
         
           Notes for div A45311-e13040
           
             *
             Thom.
             è
             Sanchez
             .
             Societ
             .
             Jes
             .
             Theol.
             Dematrimonio
             .
          
           
             *
             
               L.
               2.
               c.
            
             De
             Patribus
             qui
             &c.
             
          
           
             †
             Covarruv
             :
             l
             3.
             var.
             c.
             14.
             ex
             Accursio
             &
             aliis
             .
             Les
             .
             l.
             2.
             c.
             5.
             
             D●b
             .
             4.
             
          
           
             †
             Num.
             30.
             3
             ,
             4
             ,
             5
             ,
             6.
             
          
           
             *
             Less
             .
             de
             Jure
             l.
             2.
             c.
             40.
             dub
             .
             14.
             
          
           
             *
             
               Navar.
               enchir
               .
               4.
               prae
               .
               c.
               14.
               h.
            
             14.
             
             Filius
             qui
             parentibus
             in
             extrema
             necessitate
             constitu●
             is
             &c.
             
          
           
             *
             
               Matrimonia
               esse
               irrita
               ,
               &c.
            
             Instit
             .
             de
             nuptiis
             et
             ,
             ff
             .
             de
             jure
             nuptiarum
             .
             Ita
             &
             Evarist
             .
             in
             constit
             .
             edita
             .
             Anno
             C.
             100.
             
          
           
             *
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
          
           
             *
             Deut.
             24.
             1.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             *
             Maimon
             .
             Treat
             .
             of
             Divorce
             .
          
           
             *
             So
             also
             1
             Cor.
             7.
             39.
             
          
           
             *
             Decrecing
             to
             take
             bonds
             of
             the
             persons
             divorced
             to
             remaine
             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
             Paternum
             .
             66.
             
          
           
             *
             Hodie
             cessat
             fraternitas
             &
             aliqua
             ex
             parte
             compaternitas
             per
             concilium
             Trident.
             
               Sess
               .
               24.
               
               Navar.
               c.
               22.
               n.
            
             27.
             
          
           
             *
             Hotoman
             de-vita
             matrimon
             .
             p.
             6.
             citante
             Kirchovio
             ,
             ut
             supra
             .
          
           
             *
             Exod.
             22.
             16.
             
             Levit.
             19.
             20.
             
             Deut.
             20.
             7.
             
             Deut.
             22.
             25.
             23.
             28.
             
             Jer.
             2.
             2.
             
          
           
             *
             Compare
             Mat.
             1.
             18.
             with
             Deut.
             22.
             13.
             
          
           
             †
             Magdeburg
             .
             Cent.
             2.
             de
             Conjugio
             .
             2
             Cor.
             11.
             2.
             
          
           
             *
             Concil
             .
             Anciran
             .
             can
             .
             24.
             
          
           
             †
             Concil
             .
             Eliv
             .
             c.
             45.
             
          
           
             *
             Luitbrand
             in
             Syric
             .
          
           
             *
             Aetas
             legitimè
             contrahendi
             matrimonium
             ,
             est
             in
             musculis
             14
             annos
             ,
             in
             foeminis
             12
             ;
             Spousalibus
             autom
             contrahendis
             ,
             septem
             in
             utrisque
             .
             
               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.
             ubi
             supra
             .
          
           
             *
             Constit
             .
             and
             Canons
             ut
             supra
             ,
             Can.
             101
             ,
             102
             ,
             103.
             
          
           
             *
             Martin
             Alphons
             .
             Vivald
             .
             Candelab
             .
             aureum
             .
             de
             matrim
             .
             &
             partic
             .
             de
             Consanguin
             .
          
           
             *
             Scot.
             m.
             4.
             d.
             40.
             
             Sot.
             ibid.
             q.
             un
             .
             art
             .
             4.
             
          
        
         
           Notes for div A45311-e16190
           
             *
             In
             Argumentum
             trati
             nequeunt
             ,
             quae
             propter
             necessitatem
             sunt
             concessa
             .
          
           
             *
             Consil
             .
             Matrimonial
             .
             Germanor
             .
             Consil
             .
             5.
             
          
        
         
           Notes for div A45311-e18100
           
             *
             Plut
             in
             vita
             Crassi
             .