An impartial disquisition, how far conquest gives the conqueror a title

Reader ,

THis is an abstract of a Treatise written by Mr. Ghest , a learned and pious Suffolk Divine , when the Usurpers over : Charles the Martyr pretended a Title by Conquest .

CHAP. I.

COnquest is no sufficient Title to Rule ; for then all Conquerors are lawful Princes ; but they are not , for

1. Justice only gives right , and the rule of justice is suum cuique , we are commanded . Rom. 13. 7. to Render to all their dues ; but here in the Case of Conquest right is pretended to that , which is anothers , only by taking it from him , and so Justice founded upon Injustice .

2. Right continues , as long as the Cause remains , and force cannot reach that , for it cannot destroy the gift and donation of God , nor bring to pass , that a Father shall be no Father , or an Heir no Heir , or one Lawfully chosen not chosen .

3. If Conquest be a sufficient title , then there never was an Usurper in the world ; for , till he prevails , he is but an Attempter , and as soon as he prevails , he is a Lawful Prince .

4. Then it would not only be Lawful for the Usurper to withhold anothers Right , but unlawful for the wronged King , or his friends to seek the recovery of his own , which is contrary to what * David did in the case of Absolom , and ‖ Joash in the case of Athaliah .

5. If Conquest gives a title , then a strong Thief hath right to all he takes away by violence ; or else God hath left every private man in better condition than his own Deputies * , since force can take away the Royalty of these , but not the property of those .

6. If Conquest give a sufficient title , then that devilish Maxim is true , Prosperum scelus virtus est , that wickedness crowned with prosperity commences virtue ; and there is no difference between good and evil , but event . A Rebel falls , and is a Traytor ; he prospers and is a lawful Prince ; which pricks up apace towards Atheism .

7. This proclaims liberty to all ambitious , and covetous persons to embroyl the world , if whatever they can get is their own . Certainly God , who loves mankind , and delights in order , peace and righteousness , never made this Law.

CHAP. II.

GOD's word allows not of any title by Conquest , for

1. It forbids all violence , rapine and wrong , nay , so much as coveting that which is anothers , commands all to be content with their own , requires restitution of what is wrongfully taken away . Nor must we say with * Caesar , Si jus violandum est , regnandi causâ violandum est ; if right and equity be to be trampled on at any time , it is , when a Crown is to be acquired .

2. What is said , John 10. 1. He that enters not in by the door into the sheepfold , but climbs up some other way , the same is a thief and a robber , is universally true of all Governments ; Kings are * Shepherds too , and the same common rule of justice holds in the Shepherd's title to his Flock , and so every where both in Church and State.

3. It is said , Rom. 13. 1. The powers that are &c. the word is , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , not 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , ( now 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 signifies only lawful , and just power , while 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 signifies the power of an Usurper ) so that we must be subject to him , who hath the right and authority to rule , even tho' devested by the force of an Usurper . Such powers are said Vers . 2. to be the ordinance of God , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , which signifies an Edict , or a Law , so that no Usurper is God's ordinance , unless he can show either some particular Charter from God , or some general Law in favour of Usurpers . — Again , in the same Verse it is said , they that resist , shall receive to themselves damnation ; not a right , or title to the supreme power , that would make the Law both partial , and useless , restraining none , but those , whom Princes might restrain without it . — Once more , in Verses 4 , 5 , 6. These powers are said to be God's Ministers , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . Now none can enter into God's service , or Ministry , but by his leave , unless we think , that Usurpers may seize God's Commission too .

4. We are commanded * to render to Caesar the things that are Caesar's , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 here signifies to restore to the right owner , what is unjustly taken away , or detained from him , ( so the word is used by the LXX . in the Old Testament ) Gen. 20. 7 , 14 , Levit. 5. 6. Num. 5. 7. Judg. 17. 3 , 4. 1 Sam. 7. 14. & cap. 12. 3. 2 Sam. 3. 14. 1 Kings 20. 34. Nehem. 5. 12. Isai . 42. 22. Ezek. 33. 15. and so in the New Testament also , Matth. 5. 26. chap. 18. 25 , 26 , 28 , 29 , 30 , 34. Luk. 19. 8. So that it binds not only to the payment of all dues to the owner , that accrue to him , while the possession is undisturb'd , but to restitution also , of what he is unjustly deprived of .

5. Christ's actions are our instructions : Now , when one would have put our Lord upon the doing an act of power , Luk. 12. 14. He answers , Man , who made me a Judge , &c. It seems , a Governor must be duly made , or set in the place , he cannot set himself there ; it is above the pitch of a Creature to create his own power by his own force , it must be derived from another ; nor can every one's appointment give a title , but his only , who hath right to appoint : 't is not , Hath any one ? but , Who hath appointed me ?

6. Men of all sorts , and of all sides ( just , and unjust , Plaintifs , and Defendants ) have taken this for granted , that force , and conquest gives no * title .

7. God himself hath given sentence in the case . Nimrod was the first Usurper , he got all by might ; 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 Gibbor , as he is called , Gen. 10. 8. yet a double brand there is upon him , Vers . 9. that he was , 1. a mighty Hunter ; till men turn into beasts , a mighty Hunter will not be turn'd into a lawful King. And then , 2. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 Lipne Jehovah , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , against the Lord , so it should be translated ; for 't is evident , that 't is spoken to his Infamy . — God expresly forbids the Israelites to invade the Edomites , the Moabites , or the Ammonites , Deut. 2. 4 , 5 , 9 , 19. the precepts are particular , but the reason is universal , and holds against all invasions of the rights of others , ( because God gave them their lands for a possession ) and as to the Ammonites , who long after invaded , and conquer'd part of the holy Land , Thus saith the Lord , Jerem. 49. 1. hath Israel no sons ? hath he no heir ? why then doth their King inherit Gad , and his people dwell in his Cities ? as if he should say , Tho' the King of Ammon hath gotten possession by the Sword , yet the right remains still to the heir , though dispossest : 't is therefore that such Conquerors are compared ‖ to Lyons , that tear in pieces , and fill their holes with prey , and their dens with rapine ; and , behold , saith the Lord of Hosts , I am against you , my sword shall devour the lyons , and I will cut off the prey from the earth . 'T is therefore also , that the * Chaldeans , who possess the dwelling places , that are not theirs , that keep not at home , that enlarge their desires as Hell , and as death , and cannot be satisfied , that gather to them all nations , and heap to them all people , have heavy judgments denounced against them , Woe to him , that increaseth that , which is not his , how long ? &c. See also , Jerem. 51. 35 , 36. Ezek. 35. 10 , 11. & chap. 36. 5. & Amos 1. 13. in all which places sore punishments are denounc'd against Usurpers ; and it were absurd to say , that the divine Justice would punish any for useing that , which is the direct , and immediate way to get a good Title .

CHAP. III.

Conquest proves not a right by God's donation immediate . Some men pretend , that God by the Event of the War , giving victory , gives right withal to the Conqueror , and for this they have two Colours . The first Argument is deduc'd from Reason ; Providence governs all , therefore this victory , and so 't is God's Will. To which I Answer . It seems the Alcoran hath not been English'd for nothing ; with the Mahometans indeed all is their own fish that comes into the net : but if every attempt crowned with success , proves , that God gives a right , then he , who destroys the true Religion , and sets up a false ; he , who kills , ravishes , robs , hath right on his side ; 't is par casus , unless they shew , that Event shewes God's Will in one thing more than another , which it does not , since all comes alike to pass by God's Providence : Should it be objected , that this Assertion must be restrain'd to Kingdoms , because War between those , who have no superiour on earth to judge them , is an appeal to God to determine the right : I Answer , 1. Then this extends not to Subjects , who have a King to judge them . 2. If it be meant of all those , who acknowledge , or pretend to have no Superiours , then all wicked men may make use of it ; since 't is but to pretend , and then appeal to God , and , if they prevail , God , it seems , gave them leave . 3. 'T is to throw God's Law ( the rule of right , and wrong ) behind us , and to tempt him to give a particular sentence ; against Matth. 4. 7. Thou shalt not tempt the Lord thy God. 4. How knows the Objector , that every King , who fights for his own , makes such an ungodly appeal ? 5. Suppose both parties are so presumptuous , how knows he , that God is bound to listen to every presumptuous Appellant , and give judgment at his beck ? the Truth is , Event shews no more ; but that God permits it , because he can work good out of it , and fulfil his own wise , and just , tho' hidden counsel ; but to say , he approves whatever he permits , is blasphemy .

2. The second colour is from Scripture , Dan. 4. 17 , 25 , 32. The most high ruleth in the Kingdom of men , and giveth it to whomsoever he will. To this I Answer ,

1. If you mean this of God's gift of right to rule , 't is not said , he giveth it to every one , who is in possession , but to whom he pleaseth . 2. If you mean it of possession ( and so it is to be understood , as it appears from vers . 25. and the whole Context ) it follows not , God gives possession to whom he will , therefore he gives right , whenever he gives possession ; the scope of all was to cure Nebuchadnezzar's pride , and to shew him , that whosoever possesseth a Kingdom , doth it by a Providence which can dispossess him . Indeed no one possesses a Kingdom without some gift from God , but 't is often only permissive , it creates no right . Thus * Saul in the Cave was by God delivered into David's hand , and Christ was ‖ delivered by the determinate counsel of God ; had David hereby a right to kill Saul , or the Jews a right to kill Christ . Nay , tho' Nebuchadnezzar was out of possession ( Dan. 4. 25. They shall drive thee from among men ) Yet still 't is his Kingdom , and his Counsellors , and his Lords , ver . 26. 36. His right it seems remained .

CHAP. IV.

COnquest in a just war gives no just title : A just War is that , which is made by a Soveraign Prince for a just cause : while both conditions are wanting in our Case ; but suppose they were not , if such a Conquest gives title , 't is 1. either by extraordinary Donation , and that none , I think , can now pretend to . Or , 2. By the Law of Nations . But 1. that Law , according to those who alledge it , gives only an external shew of Justice , true internal justice obliging at the same time to restitution , of which restitution , See * Grotius proving it to be the opinion of Jews , and Mahometans as well as Christians , and that the Holy Scripture , Isai . 58. 6. averrs , that those mens fasts are not acceptable to God , qui non jure captos detinebant , who do not let the oppressed go free , and who ( Jon. 3. 8. ) do not turn from the violence , that is in their hands .

2. Shew us this Law of Nations , where is it , or how is it morally possible , that all Nations should meet to give it : if you interpret common practise to be the consent of all , I presume , the dispossessed do not consent , and the rest are either gainers , or unconcerned .

3. The Law of Nature gives not this right , for then it must be either by way of reparation of the wrong , or punishment of the fault ; the first allows no more then an equal recompence for the injury , and leaves the rest to the enemy still ; the second supposes Authority , for who hath power to punish , must have power to examine , and to judge the merits of the cause ; but a Superiour to the Supreme implies a contradiction ; Par in parem non habet imperium ; equals have no authority one over another ; * who art thou , that judgest another man's servant ? ‖ what have I to do to judge them , that are without ? are most sure maxims of the Law of Nature .

4. The Law of Scripture gives no such right . Deut. 20. 10 , 15. There is a rule given , how the Israelites were to deal with all Nations ( except the seven , which were given up to utter ruine ) and the case is double ; if they will treat take Tribute of them ; if they will fight it out , and you Conquer , take the Spoil , but in neither case a title to the Government .

Tribute may be given , and service may be done by one King to another ( as appears from Gen. 14. 4 , 8 , 9. 2 Sam. 10. 19. 2 Kings 3. 4. & ch . 18. 7 , 14. ) and yet those who pay the Tribute , and do the service be Kings still , as appears by the above-cited places ; so then the Conqueror may exact tribute sufficient to make amendment for the injury ; but whatever be meant by Tribute , or Service , the Conqueror acquires no title by Conquest but by the consent of the Conquered to the Articles of peace , of which in the next conclusion .

CHAP. V.

Qu. WHether the consent of the people conquered , and their submission to the Conqueror gives him a title ?

Ans . It is a kind of destiny upon people , that their name is used , their benefit pretended , their power to create right to govern magnified , and all to their hurt , Isai . 3. 12. O my people they which lead thee , cause thee to err ; and so again , ch . 9. 16. in the Septuagint it is 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , and so in the Hebrew , and in the margin of our Translation , they which call thee blessed , and undertake to make thee so . People are never in greater danger , than when they listen to these same ( Beatificantes ) men , who promise to make them blessed , so it hath been here , and after the misery that is come upon us , the peoples consent is pretended .

To show what really the people hath to do in the giving title , or right to Government , we will consider in general the means of acquiring dominion ; — All power is from God , we take that for granted , therefore whoever hath a title , must show some manifestation of God's will for it ; now this in the case of Governors must be either by extraordinary supernatural designation , as in Moses , Joshua , the Judges , Saul , David , Jehu , &c. or by a general Law , that may hold in all ordinary cases ; ( for as to event , that manifests only God's permission , not his gift , as I shew'd before ) as for the first of these , it was good , where it could be shown , which now it cannot : The second cannot be any humane Law ; for tho' just Laws are in their kind , and degree significations of God's will , who will have us obey his Deputies for conscience sake , yet in giving title to supreme power they have no place . For 1. National laws presuppose it , and are made by it . 2. The law of Nations is either the same with the law of Nature , which is God's law , binding all Nations , or if it be taken for a humane law , enacting that , which the law of nature hath left at liberty , 't is a meer empty name , for there is no humane supreme power , to which all Nations are subject , that should enact such a law . Jus gentium indeed , or right of Nations there is , but no Lex gentium ; one Nation may have right against another , either by the law of Nature alone , or by mutual Pacts , which bind by vertue of the law of Nature , which obliges all to perform their covenants .

So then none can claim right to Government , but by the Laws of God , and they are two-fold , of Nature , and Scripture , but both to be used here promiscuously ; the rule of both is , Honour thy Father and thy Mother , which subjects the children to both Parents , but first to the Father , as supreme ; no place is left here for popular election , it being impossible , that children should choose their father , who are in subjection as soon as they are , and to govern whom the Father hath a natural capacity , even before he hath them .

In this Paternal right is founded the government of whole Nations , as appears from Genes . 10. 5 , 20 , 31 , 32. where it is often observed , * that by those three sons of Noah were the nations divided in the earth after their families , and generations , which confutes the common dream , that Nations were constituted by collection of several Families into one Mass , ( like Epicurus's world out of Atomes ) for the Scripture makes it clear to have been quite contrary , by spreading one root into many branches , ( see Acts 17. 26. ) and this will be easily believed , when it is considered ‖ , how long they lived in that Age ( six hundred , four hundred , all even to Nahor , above two hundred years ) and that * in four generations from Levi to Moses Seventy ‖ men were multiplied to six hundred thousand , that were men * , besides children , and you will see , that one of those Fathers might live to be by his meer Paternal power King of a populous Nation .

Nor did those Kingdoms upon the Father's death cantonize after the number of his Sons , the Elder brother was Heir of his Father's power , and governed the Families of his brethren also : So Genes . 4. 7. God saith to Cain , subject to thee shall be his desire ( sc . thy brother's ) and thou shalt rule over him : Hence Isaac in blessing , as he thought , his first-born , Gen. 27. 29. saith , be Lord over thy brethren , and let thy mother's sons bow down to thee . And so Jacob also in blessing Judah , ( who inherited the regal power ) Gen. 49. 8. expresses himself : nay , even our Saviour's kingdom over his brethren ( that is , the members of the Christian Church ) is often put upon this title of primogeniture , as being * the first-born among many brethren ; so then the people have no more to do to make a King , than a child to make his father ; God the sole giver of life disposes of what Parents every one shall be born , who shall be heirs of Kings , and whom they shall inherit for their subjects ; for the word Inheritance is in Scripture language ‖ 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 that is , a lot , and the whole disposing ( judgment , or right ) of that is from the Lord : Prov. 16. 33. The people have no part in it , so that if they presume to give this inheritance to another , let them take heed of that woe * Woe be to him , who striveth with his maker , &c. and Woe be to him , who saith to his father , what begettest thou ? &c. namely , while they have one of God's appointment ; for when he hath left them destitute , then they may interpose , and elect , but let them not be fond of wanting one , that they may please themselves in choosing , for they cannot be damn'd to a worse condition in this world , than to be without a King. As it is threatned , Hosea 10. 3. They shall say , we have no King , because we feared not the Lord. Numb . 27. 17. That the congregation of the Lord shall be as sheep , that have no shepherd ‖ : and Isai . 3. 5 , 6 , 7. The people shall be oppressed every one by his neighbour , and then follows the people's part in choosing a King ; a man shall take hold of his brother , saying , be thou our Ruler : Now , when people come to choose , if they will put the power into the hands of many , ( too many to keep counsel , or agree upon action ) and so serve many Masters at once , if they will choose for a head the beast of many heads , that monstrous form of Polity , where the whole body is all head , and every single limb the body , where all are sons of the people , all are father , and every one a son ; be ruled by the many , that can believe any thing , and judge of nothing , that have the wit of a child , and the fury of a Giant , the silliness of an Innocent , and the rage of a Tyrant ; be governed by most voices , who are sure to choose the worst , since there are more fools , and knaves , than wise and virtuous ; or if they will be ruled by a Senate , and for fear of one Tyrant ( whom death will end ) submit to four hundred , that for one head lopt off will supply two , and make slavery immortal ; or if they do see Monarchy the best , and yet will mix it with some trick of their own to spoil it ( as by making it elective , &c. ) tho' these forms of popular contrivance be but degenerations of that paternal power in one , ( which is always chosen , when God chooses for us , as best suiting with his universal Monarchy ) yet when the choice is left to the people , 't is valid , as well as that , which a foolish woman makes of a bad husband .

Thus much of the means of acquiring supreme power ; now , how far the people's submission can operate towards the making the Conqueror's title good .

1. While they have a King of God's providing by paternal right , they have nothing to do either to confer , or transfer that right . 2. Tho' , when the people have chosen a popular government , and are lawfully setled under it , their submission ( perhaps ) to the Conqueror may transfer a right ( because then they are in two capacities , being both Sovereigns and Subjects , so that their submission includes the consent of all that are interessed ) yet in other forms of Government , where the people are meer subjects , the supreme power is not theirs to give , they cannot give away what is another man's , much less what is God's , and by his immediate gift confer'd on the lawful King. 3. When people are destitute of a Government , and choose one , the King chosen holds not his power from them , but immediately from God ; their choice , 1. proves not , that the King derives his power from them ; the wife chooses her husband , and the Parish the Constable , yet the first hath his power from God , the other from the King ; and therefore the power not being derived from the people , they cannot resume or transpose it , any more than the wife , &c. 2. The people's choice hinders not the King 's receiving his power immediately from God , tho' their choice be an instrumental act , by means whereof God's power is conveyed to the King's person which is chosen , yet it argues not , that God first invests the people with the supreme power , and seats it inseparably in them , and that then they derive it to the King in subordination to themselves , as the King doth to an inferior Magistrate : only when they want a Father by Inheritance , they choose and make an Adoptive one , who derives not his power from them , but immediately from God by that Law of Nature , which gives the father power over his children .

Obj. But how is this immediately from the Law of Nature , when there comes a voluntary act of man between ?

Ans . That voluntary Act of the people is not done by virtue of any supreme power seated in the people , but by allowance of the Law of Nature , which , as other laws , contains in it concessions , as well as precepts .

1. It teacheth , that power to rule is necssary for the preserving of mankind , which cannot subsist but in society , nor that without order and government . 2. It allows us to provide necessaries by any means , that may be used without impiety against God , or injury to man , and therefore to appoint themselves a King , when they are destitute . 3. It commands them to be subject to the King thus chosen ; so that from first to last this power is founded immediately on the law of Nature ; now not only this , but almost all the laws of Nature suppose a voluntary act of men to constitute the matter of their precepts and prohibitions , & yet bind meerly by their own force . Prayer , oaths , dedications of holy things , all external acts of religion suppose acts of men to give words their signification , to administer and take the oaths , to dedicate the holy things , but yet the precepts commanding the duties , and forbidding the abuse ; bind immediately without any help from humane authority . So theft supposeth propriety of goods , adultery supposeth marriage , &c. but yet the commandments , that prohibit those sins bind expresly by virtue of the Divine authority .

CHAP. VI.

Qu. WHither Kings , &c. can deprive themselves of supreme power , or give it from the right heirs ?

Ans . Here three questions arise , one touching resignation , whither a King can give up his power ? and two concerning succession , whither a King can invert the natural order , and disinherit his lawful heir , and whither he can give a stranger right to succeed by adopting him . In deciding these three questions , there is great diversity both of precedents , & humane laws , but 't is not material , since only divine laws can regulate such translations . If God hath given Kings power to dispose of their Kingdoms at pleasure , they have no Superior upon earth , that can take it from them ; if not , they can neither create it themselves ( for there is no power , but by the gift of a Superior , Joh. 19. 11. ) much less can their subjects , being inferiors , give it them .

Therefore for the resolution of this question , distinguish , 1. Between the effect such an act of a King may have upon himself , or upon others , for tho' he may devest himself of his Regalities , it follows not that he can deprive his heir of his title , or give it away to another . 2. As to his devesting himself , distinguish between the lawfulness of the act , and the validity of it ; it may be , Fieri non debuit factum valet , what ought not in justice to have been done , is notwithstanding valid , when 't is done . * Esau lost his birth-right by selling it , yet sinn'd in doing it , sc . by undervaluing the power which God had given him , and whatever damage did hereby accrue to Esau's posterity , was from God's immediate designation , not from any power in Esau , 3. Distinguish of Kings ; those , whose Progeny was in their lifetime multiplied into a Nation , could not devest themselvs , because they could not cease to be Fathers of their children , who by the law of Nature are subject to them ; but an hereditary King may relinquish his title , as well as any other Inheritance , Psal . 106. 40. He abhorred his own Inheritance : Jer. 12. 7. I have forsaken mine house , I have left mine heritage . Shepherds of men may break their staves , and cast off their flocks , Zech. 11. 10 , 11.

But notwithstanding all this an hereditary King cannot deprive his Heir , if he have one , nor hinder the peoples choice , if he have no Heir .

1. He cannot devest his Heir , for God designs him by making him first-born , or next of blood , nor can the father alter his inheritance any more than his primogeniture ; * the King is but God's servant , and so cannot make void his Lord's choice ; by God's Law the rights of primogeniture are the first-born's , ( Deut. 21. 15 , 16 , 17. ) nor can they be taken from him while he lives ; even if he deserves to be deprived , it must be a judiciary proceeding that removes him .

2. If he wants an Heir , he cannot transfer the inheritance to whom he will without the peoples consent ; they are Sons and not slaves , and therefore cannot be alienated at pleasure , Joh. 8. 35. The servant abideth not in the house forever , but the Son abideth ever . There are three degrees of Dominion . 1. Over goods inanimate or irrational ; we may sell these , or destroy them , Matt. 20. 15. 2. Dominium despoticum , vel herile , the dominion over slaves , whom we may alienate , but not destroy , Exo. 21. 20 , 21. 3. Dominium Regale , the dominion of Kings over their Subjects , which neither enables to destroy nor alienate , being instead of the paternal ; the King can no more make another King over his subiects , than a Father can make another man the father of his children .

The summ is ; a King may relinquish his power , but not invest a stranger with it without the consent of the Heir , if he have any , or , if he have none , without the peoples accepting the person . Possession belongs to the King in being , Succession to the Heir in being , Election to the People , when destitute of both , and none can be deprived of their proper due without their own consent . Indeed ( as was said before ) when the people is both Soveraign , and Subjects , their submission includes all ; as Soveraign they may resign , and then as a body without a head they may choose , and no Heir hath any injury ; for the body of the people have no Heir .

CHAP. VII .

Qu. WHither a long possession can make the Conqueror's title good ?

Ans . 'T is absurd to think , that prescription can justifie wrongs ; for the rule of Law is , Non confirmatur tractu temporis , quod de jure non subsistit ab initio , that no length of time makes that lawful , which was not so from the beginning . 'T is true ,

1. In time all obstacles may be removed , and so the Usurper acquire a Title , the right Heirs being all extinguish'd , or relinquishing their right , and then the peoples submission doth it , but time it self gives no title .

2. Long possession may be , tho' not the ground , yet the proof of a title ; but such a proof , as admits of divers exceptions ; for if there be a right Heir , that claims , or else would claim , but that he wants either notice of his title , or power to make it good , here prescription proves nothing ; but Possession may continue so long without any claim , or attempts to the contrary , that it may be ( tho' no title , yet ) a proof , that either the Possessor is the Heir , or that the People have chosen him upon the failing or cession of the Heir ; and thus only do man's Laws approve prescription in private inheritances , not as if they preferred an Usurper before the right owner , who continues his claim and proves his title ; and this was the case between Isra●● and the Moabites , Judg. 11. 25 , 26 , 27. which case duly weigh'd will easily solve the Objection .

FINIS .

Notes, typically marginal, from the original text

Notes for div A42674-e80 * 2 Sam. 18. 1. ‖ 2 Kings 11. * See Deut. 1. 17.

Notes for div A42674-e310 * Apud Sueton . Sect. 30. * Cons . Psal . 78. 71. Isai . 44. 28. * Mat. 22. 21. * See 1 King. 20. 34. Judg. 11. 13 , 15 , 21. ‖ Nahum . 2. 12 , 13. * Habak . 1. 6. Hab. 2. 5 , 6.

Notes for div A42674-e1080 * 1 Sam. 24. 10. c. 26. 23. ‖ Act. 2. 23.

Notes for div A42674-e1340 * Grot. de jure belli , & pacis , l. 3. c. 6. Sect. 1. Jure Naturae quidem bello justo ea nobis acquiruntur , quae aut paria sunt ei , quod cùm nobis sit debitum , aliter consequi non possumue , aut etiam quae nocenti damnum inferunt intra aequum poenae modum . — conf . §. §. 2 , 3 , &c. & cap. 10. §. 3. * Rom. 14. 4. ‖ 1 Cor. 5. 12.

Notes for div A42674-e1620 * Vid. Joseph . Antiq. lib. 1. cap. 7. ‖ Cons . Gen. 11. * Exod. 6. 16 , 18 , 20. ‖ Gen. 46. 27. * Exod. 12. 37. * Rom. 8. 29. Col. 1. 15 , 18. Hebr. 1. 6. Revel . 1. 5. ‖ Psal . 16. 5. Colos . 1. 12. Act. 26. 18. * Isai . 45. 9 , 10. ‖ Vid. Lam 5. 3.

Notes for div A42674-e2360 * Compare Gen. 25. 33 , 34. with Heb. 12. 16. * Cons . Jos . 1. 2. Hebr. 3. 5. Ps . 89. 20. Jer. 27. 6. Wisd . 6. 5. Rom. 13. 4 , 6.