Five cases of conscience occasionally determined by a late learned hand.
Sanderson, Robert, 1587-1663.
1666
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Five cases of conscience occasionally determined by a late learned hand.
Sanderson, Robert, 1587-1663.
[7], 128 p.
Printed by E.C. for Henry Brome ...,
London :
1666.
Written by Robert Sanderson. Cf. BM.
Added t.p. engraved.
Reproduction of original in Huntington Library.
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Five
Cases
of
Conscience
by
A
Learned
Hand
.
London
Printed
for
Henry
Brome
1666.
FIVE
CASES
OF
Conscience
:
Occasionally
Determined
BY
A
late
Learned
Hand
.
HEB.
xi
.
4.
He
being
Dead
,
yet
speaketh
.
LONDON
:
Printed
by
E.
C.
for
Henry
Brome
at
the
Gun
in
Ivy-lane
,
1666.
A
LETTER
from
a
Friend
concerning
the
ensuing
Cases
.
SIR
,
HAving
perused
the
Papers
you
sent
me
,
I
can
safely
vouch
them
for
genuine
,
and
not
in
the
least
Spurious
,
by
that
resemblance
they
wear
of
their
Reverend
Author
;
and
therefore
you
need
not
fear
to
bring
them
to
the
Publique
test
,
and
let
them
look
the
Sun
in
the
face
.
'T
is
true
,
their
first
Commission
was
but
short
,
and
long
since
expired
,
they
being
designed
only
to
visit
,
and
respectively
satisfie
some
private
Friends
;
yet
I
cannot
see
what
injury
you
will
offer
to
his
sacred
ashes
,
if
,
by
renewing
that
,
you
send
them
on
a
little
farther
Embassie
for
the
common
good
.
Indeed
the
least
remains
of
so
matchless
a
Champion
,
so
invincible
an
Advocate
in
Foro
Theologico
,
like
the
filings
and
fragments
of
Gold
,
ought
not
to
be
lost
;
and
pity
the
world
was
not
worthy
many
more
of
his
learned
Labours
.
But
—
Praestat
de
Carthagine
racere
quam
pauca
dicere
;
far
be
it
from
me
to
pinion
the
wings
of
his
fame
,
with
any
rude
Letters
of
Commendation
;
or
,
by
way
of
precarious
Pedantry
,
to
court
any
man
into
a
belief
of
his
worth
,
since
that
were
to
attempt
Iliads
after
Homer
,
and
spoil
a
piece
done
already
to
the
life
by
his
own
Pencil
,
the
works
whereof
do
sufficiently
praise
him
in
the
gates
.
All
I
aim
at
is
,
to
commend
and
promote
your
pious
intention
,
to
give
the
World
security
,
by
making
these
Papers
publique
,
that
they
shall
never
hereafter
stand
in
need
of
any
other
hand
to
snatch
them
out
of
the
fire
,
a
doom
(
you
say
)
once
written
upon
them
.
Nor
do
I
less
approve
your
ingenuous
prudence
in
determining
to
prefix
no
Name
,
it
being
as
laudable
not
to
speak
all
the
Truth
sometimes
,
as
to
forbear
telling
a
Lie
for
advantage
.
'T
is
(
I
confess
)
the
mode
of
late
to
hang
Jewels
of
Gold
in
a
Swines
snout
;
I
mean
,
to
stamp
every
impertinent
Pamphlet
with
▪
some
great
Name
,
or
voluminous
Title
to
make
it
vend
the
better
(
Laudat
venales
qui
vult
extrudere
merces
)
at
which
the
gul'd
Reader
repenting
his
prodigality
of
time
and
patience
is
forced
to
cry
out
all
along
,
Beaucoup
de
bruit
,
peu
de
fruit
,
and
in
the
end
sums
up
its
just
character
in
a
few
words
,
Nil
nisi
magni
nominis
umbra
.
But
yours
is
the
only
method
to
deal
with
wise
and
rational
men
,
who
are
not
so
easily
taken
with
Chaff
,
(
the
multitude
or
greatness
of
words
and
names
)
as
with
the
true
weight
and
worth
of
things
.
Yet
let
me
tell
you
,
that
whoever
is
not
a
meer
stranger
to
your
learned
Authors
former
Tractates
,
must
needs
spell
his
name
in
every
page
of
this
without
any
other
Monitor
.
I
have
no
farther
trouble
to
give
you
▪
unless
I
should
bespeak
your
vigilance
over
the
Press
,
which
by
her
dayly
teeming
and
inexpertness
,
or
(
at
least
)
negligence
of
the
Midwife
is
went
of
late
to
spoil
good
births
with
monstrous
deformities
,
and
unpardonable
Errata
;
so
you
will
avoid
a
double
guilt
contracted
by
some
without
fear
or
wit
▪
of
abusing
your
critical
Reader
on
the
one
hand
,
and
your
most
judiciously
exact
Writer
on
the
other
▪
and
(
if
that
may
contribute
any
thing
more
)
very
much
gratifie
the
most
unworthy
of
his
Admirers
▪
and
Your
Friends
,
&c.
The
Five
Cases
Determined
.
1.
Of
Marrying
with
a
Recusant
,
pag.
1
2.
Of
Unlawful
Love
,
15
3.
Of
a
Military
Life
,
57
4.
Of
Scandal
,
109
5.
Of
a
Bond
taken
in
the
Kings
Name
,
120
The
CASE
of
Marrying
with
a
Recusant
.
SIR
,
YOurs
of
Iuly
the
2
d.
I
yesterday
Iuly
the
6
th
.
received
.
In
Answer
to
the
Contents
whereof
(
desiring
that
my
Services
may
withall
be
most
humbly
presented
to
my
very
much
Honoured
Lord
)
I
return
you
what
my
present
thoughts
are
concerning
the
particulars
therein
proposed
.
First
,
For
Marrying
a
Daughter
to
a
Professed
Papist
(
considered
in
Thesi
,
and
as
to
the
point
of
Lawfulness
only
)
I
am
so
far
from
thinking
the
thing
in
it self
to
be
simply
,
and
toto
genere
,
unlawful
;
that
I
dare
not
condemn
the
Marriage
of
a
Christian
with
a
Pagan
(
much
less
with
any
other
Christian
of
how
different
Perswasion
soever
)
as
simply
evil
and
unlawful
,
inasmuch
as
there
be
Causes
imaginable
,
wherein
it
may
seem
not
only
Lawful
but
Expedient
also
,
and
(
as
the
exigence
of
Circumstances
may
be
supposed
)
little
less
then
necessary
so
to
Intermarry
.
But
since
things
lawful
in
the
General
and
in
Thesi
,
may
become
(
by
reason
of
their
inexpediency
)
unlawful
pro
hic
&
nunc
,
and
in
Hypothesi
to
particular
persons
;
and
that
the
expediency
or
inexpediency
of
any
action
to
be
done
,
is
to
be
measured
by
the
Worthiness
of
the
end
,
the
conjuncture
of
present
Circumstances
,
and
the
probability
of
good
or
evill
consequents
and
effects
,
prudentially
laid
together
,
and
weighed
one
against
another
;
I
conceive
it
altogether
unsafe
for
a
Conscientious
Person
(
especially
in
a
business
of
so
great
concernment
,
as
the
Marrying
of
a
Child
)
to
proceed
upon
the
General
lawfulness
of
the
thing
,
without
due
consideration
of
Circumstances
,
and
other
requisits
for
the
warranting
of
particular
Actions
.
Now
as
for
the
Marriage
of
a
Daughter
with
one
of
so
different
Perswasion
(
in
point
of
Religion
)
as
,
that
they
cannot
joyn
together
in
the
same
way
of
Gods
worship
,
which
is
the
case
of
a
Protestant
and
a
Papist
,
it
is
very
rare
to
find
such
a
concurrence
of
Circumstances
,
as
that
a
Man
can
thence
be
clearly
satisfied
in
his
Judgment
(
without
just
cause
of
doubting
the
contrary
)
that
it
can
be
expedient
to
conclude
upon
such
a
Marriage
;
and
how
dangerous
a
thing
it
is
to
do
any
thing
with
a
doubting
conscience
,
we
may
learn
from
Rom.
14.
13.
For
the
evil
consequents
probably
to
ensue
upon
such
Marriages
,
are
so
many
and
great
,
that
the
conveniences
which
men
may
promise
to
themselves
from
the
same
(
if
they
should
answer
expectation
,
as
seldom
they
do
to
the
full
)
laid
in
an
equal
ballance
thereagainst
,
would
not
turn
the
scale
;
and
in
one
respect
the
danger
is
greater
to
marry
with
a
Papist
,
then
with
one
of
a
worse
Religion
;
for
that
the
main
principle
of
his
Religion
,
(
as
a
Papist
)
is
more
destructive
of
the
comfort
of
a
Conjugal
Society
,
then
are
the
Principles
of
most
Heretiques
;
yea
then
those
of
Pagans
or
Atheists
;
for
holding
that
there
is
no
Salvability
but
in
the
Church
;
and
that
none
is
in
the
Church
,
but
such
as
acknowledge
Subjection
to
the
Sea
of
Rome
;
it
is
not
possible
,
but
that
the
Husband
must
needs
conclude
his
Wife
to
be
in
the
state
of
Damnation
,
so
long
as
she
continueth
Protestant
:
whence
one
of
these
two
great
inconveniences
will
unavoidably
follow
;
that
either
he
will
use
all
endeavours
,
engins
,
and
artifices
,
to
draw
her
to
the
Church
of
Rome
(
as
indeed
who
can
blame
him
to
bring
his
Wife
into
a
capacity
of
everlasting
salvation
?
)
the
restless
importunity
whereof
(
together
with
the
ill
advantages
they
of
that
party
can
make
from
the
sad
Confusions
that
are
amongst
us
in
these
times
)
it
will
be
very
hard
for
one
of
the
weaker
sex
perpetually
to
resist
;
or
else
in
case
she
stand
firm
in
her
Religion
against
all
Assaults
and
Attempts
to
the
contrary
,
whatsoever
he
may
be
towards
her
in
outward
carriage
,
he
cannot
but
in
his
inmost
thoughts
,
pass
judgment
upon
her
,
as
an
obstinate
and
desperate
Heretique
,
and
(
so
living
and
dying
)
an
accursed
and
damned
Creature
.
These
are
sad
things
both
;
and
it
is
not
conceiveable
how
a
Woman
so
matched
should
live
with
any
comfort
,
or
ever
hope
to
see
a
good
day
,
wherein
she
shall
not
either
be
tempted
from
her
Religion
,
or
censured
for
it
;
what
assurance
can
she
have
of
his
good
affections
towards
her
,
who
is
bound
not
to
permit
any
better
opinion
of
her
,
then
of
a
Reprobate
and
Castaway
?
It
is
possible
there
may
be
so
much
good
nature
in
the
Husband
as
to
take
off
somewhat
from
that
rigidness
,
which
otherwise
the
Principles
of
his
Religion
would
bind
him
to
,
or
so
much
discretion
,
sweetness
,
and
obligingness
in
the
Wives
demeanour
towards
him
,
as
to
preserve
a
good
measure
of
Conjugal
Affection
between
them
,
notwithstanding
their
different
perswasions
:
This
I
say
,
is
possible
;
and
where
it
happeneth
so
to
be
,
it
rendereth
the
condition
of
the
Parties
so
much
the
less
uncomfortable
;
and
that
is
the
utmost
of
the
happiness
,
that
is
to
be
hoped
for
from
such
Marriages
:
and
I
think
there
cannot
be
produced
many
examples
thereof
;
yet
even
there
,
there
cannot
be
that
cordial
Affection
,
and
fulness
of
Complacency
(
wherein
yet
the
chiefest
happiness
of
Conjugal
Society
consisteth
)
that
would
be
,
if
the
same
Parties
(
supposed
to
be
of
the
same
Qualifications
otherwise
)
were
also
of
the
same
Religion
.
I
omit
other
oeconomical
differences
,
that
may
and
very
frequently
do
(
occasionally
)
arise
,
betwixt
Husband
and
Wife
from
this
difference
in
Religion
,
as
concerning
the
Entertainment
of
Friends
,
the
choice
of
Servants
,
the
education
of
Children
(
very
considerable
things
all
)
besides
sundry
others
perhaps
of
less
moment
;
yet
such
as
are
apt
to
breed
Discontents
and
Jealousies
,
and
sometimes
break
out
into
great
Distempers
in
the
Family
:
Such
Marriages
therefore
I
should
utterly
disswade
;
especially
in
the
Nobility
,
Gentry
,
and
Commonalty
,
where
there
is
choice
enough
otherwise
to
be
had
of
Persons
of
equal
Degree
,
Estate
,
and
Education
of
the
same
Religion
to
match
withall
:
Kings
and
Princes
for
reasons
of
State
,
and
because
there
is
little
choice
of
Persons
of
equal
Dignity
with
themselves
,
are
therefore
oftentimes
by
a
kind
of
Necessity
,
put
upon
such
Marriages
;
yet
even
there
,
where
they
are
certainly
the
most
excusable
,
it
hath
been
observed
that
such
Marriages
have
proved
for
the
most
part
unfortunate
.
The
other
Particular
proposed
in
your
Letter
is
concerning
the
Marriage
of
a
Daughter
to
one
that
Professeth
the
Protestant
Religion
,
but
having
had
Popish
Parents
,
may
be
suspected
(
though
he
deny
it
)
to
be
that
way
inclined
.
The
resolution
whereof
(
as
of
most
other
Cases
and
Practical
Questions
)
will
depend
very
much
upon
the
consideration
of
Circumstances
,
whereunto
being
altogether
a
stanger
,
I
am
lesse
able
to
give
Judgement
in
the
Case
with
any
certainty
;
only
in
order
to
the
resolution
of
the
Question
,
these
(
to
my
understanding
)
seem
to
be
the
most
proper
and
important
Enquiries
.
First
,
Whether
the
Parents
of
the
young
Person
be
living
or
no
,
one
or
both
?
if
both
be
dead
,
the
temptations
from
them
(
which
in
such
Cases
are
wont
to
prevail
very
much
)
are
by
their
Death
clearly
superseded
;
and
then
the
danger
is
by
so
much
lesse
:
but
if
either
be
living
,
there
can
be
little
security
of
the
Sons
continuance
in
the
Protestants
belief
,
(
notwithstanding
his
present
profession
thereof
)
when
he
shall
be
assaulted
with
the
whole
authority
of
them
to
whom
he
oweth
reverence
.
Secondly
,
With
what
degree
of
confidence
,
and
with
what
kind
of
asseverations
he
professeth
the
one
,
and
denieth
the
other
Religion
;
for
although
they
that
out
of
design
put
on
a
counterfeit
vizor
,
use
all
the
art
they
can
to
dissemble
it
;
yet
very
seldom
can
it
be
done
so
cunningly
,
waringly
,
and
constantly
,
but
that
at
some
time
or
other
,
the
dissimulation
will
unawares
bewray
it self
to
the
eye
of
a
curious
observer
.
Thirdly
,
What
measure
of
understanding
the
young
Person
(
who
is
you
say
of
great
Abilities
for
his
Age
)
hath
in
the
Fundamental
Articles
of
the
Christian
Religion
;
those
I
mean
,
wherein
the
English
and
Romish
Churches
are
at
agreement
,
for
in
those
the
substance
of
Christianity
consisteth
;
he
that
rightly
understands
those
Catholique
Truths
taught
in
the
Catechisms
of
both
Churches
,
and
concerning
which
all
Christendom
(
in
a
manner
)
are
at
a
perfect
accord
;
and
then
will
but
suffer
himself
to
consider
,
that
the
Church
of
England
doth
not
impose
upon
the
judgments
and
consciences
of
her
Members
,
any
thing
to
be
believed
,
or
received
,
as
of
necessity
to
Salvation
,
then
what
is
truly
Catholique
,
and
by
her
Adversaries
confessed
so
to
be
;
and
consequently
that
the
difference
betwixt
her
and
the
Romish
Party
,
is
wholly
about
those
Additionals
or
Superstructures
,
which
they
of
the
Roman
faith
require
to
be
believed
,
and
received
with
like
necessity
as
the
former
;
but
appear
to
us
of
this
Church
respectively
,
either
evidently
false
,
or
of
doubtful
truth
▪
or
not
of
absolute
necessity
to
be
believed
;
I
say
,
whosoever
well
considereth
this
,
may
rest
satisfied
in
his
judgment
and
conscience
,
that
the
Faith
taught
and
professed
in
the
Church
of
England
,
is
a
plain
and
safe
way
to
lead
a
Christian
Believer
to
Eternal
Salvation
,
if
he
withal
lead
his
life
and
conversation
answerable
thereunto
.
To
the
last
particular
in
your
Letter
,
all
the
return
I
have
to
make
is
no
more
,
but
an
humble
acknowlegement
and
sense
of
his
Lordships
noble
favours
towards
me
,
in
entertaining
an
opinion
of
me
more
suitable
to
his
own
goodness
and
ingenuity
,
then
to
my
merit
:
I
know
not
,
nor
desire
to
know
of
any
occasions
likely
to
draw
me
into
those
parts
so
distant
from
me
(
being
grown
into
years
,
and
infirmities
,
that
render
me
very
unfit
for
long
Journies
)
unless
the
business
of
my
Sons
Marriage
,
which
occasion'd
my
late
Journey
to
London
,
require
a
second
thither
in
Michaelmass
Term.
But
I
am
so
sensible
both
of
the
trouble
and
charge
of
such
Journies
(
besides
some
inconveniences
to
my
affaires
at
home
,
whilest
I
am
long
absent
)
that
I
will
avoid
it
,
unless
there
be
no
other
remedy
:
I
shall
not
willingly
decline
any
employment
(
within
my
low
and
narrow
sphere
,
both
of
outward
condition
and
parts
)
wherein
my
service
may
be
any
wayes
useful
or
but
acceptable
,
to
that
noble
and
excellent
Person
;
but
truly
Sir
,
I
conceive
there
will
be
little
need
of
my
further
endeavours
,
as
to
that
particular
expressed
in
yours
,
whether
what
I
have
written
now
give
satisfaction
,
or
not
;
there
are
persons
nearer
hand
,
whom
I
know
to
be
much
fitter
for
an
employment
of
that
nature
,
then
myself
,
who
have
ever
studied
Peace
more
then
Controversies
;
and
namely
one
at
the
next
door
to
Hatton
House
,
whose
sufficiency
and
readiness
in
that
kind
is
well
know
to
Mr.
Geofery
Palmer
:
Sir
,
I
wish
you
happiness
,
desire
your
prayers
,
and
rest
,
Iuly
7.
1656.
Your
faithful
and
humble
Servant
.
The
CASE
of
UNLAWFUL
LOVE
.
TWo
Gentlemen
who
were
very
good
Friends
,
and
both
of
them
Maried
,
used
to
converse
together
familiarly
;
one
of
these
took
a
special
liking
in
the
company
and
conversation
of
the
others
Wife
,
and
she
answerably
in
his
;
which
afterwards
proceeded
to
some
degree
of
Love
;
which
though
ever
restrained
,
and
preserved
without
any
violation
of
Chastity
,
grew
yet
in
the
end
to
this
issue
,
that
they
mutually
vowed
either
to
other
,
that
if
happily
either
of
them
should
at
any
time
be
freed
from
the
Bond
of
Matrimony
(
either
he
by
the
death
of
his
Wife
,
or
she
by
the
death
of
her
Husband
)
that
party
so
freed
should
continue
afterwards
unmarryed
,
and
stay
for
the
other
,
till
the
other
should
be
freed
also
,
though
it
were
during
life
:
Now
so
it
is
,
that
this
Gentlewomans
Husband
died
,
and
her
affections
and
resolution
so
altered
,
that
gladly
she
would
Marry
,
if
she
might
be
released
of
the
Engagement
of
that
Vow
;
or
perswaded
of
the
unlawfulness
or
nullity
thereof
.
Concerning
the
present
Case
,
as
it
is
propounded
,
sundry
Points
are
needful
to
be
resolved
,
that
so
we
give
a
right
judgment
de
praeterito
,
of
what
is
already
done
for
the
time
past
,
in
respect
of
the
Gentlewomans
former
promise
,
and
sound
direction
also
de
futuro
,
which
is
further
to
be
done
for
the
time
to
come
,
in
respect
of
her
present
distresses
.
Point
I.
§
.
1.
First
of
all
,
It
is
considerable
,
whether
the
promise
made
by
the
Gentlewoman
and
her
friend
,
were
properly
a
Vow
or
no
?
so
it
is
called
in
the
proposal
of
the
present
Case
,
and
that
agreeable
to
the
common
use
of
speech
with
us
here
in
England
,
who
extend
the
word
[
Vow
]
very
far
;
neither
shall
I
make
scruple
in
the
ensuing
Discourse
,
sometimes
to
call
it
so
;
for
Loquendum
ut
Vulgus
.
But
to
speak
properly
,
a
Vow
is
a
word
of
a
narrower
extent
then
a
Promise
,
every
Vow
being
indeed
a
Promise
,
but
not
every
Promise
necessarily
a
Vow
;
a
Promises
may
be
made
indifferently
,
either
to
God
or
Men
;
but
Promises
made
to
Men
are
no
Vows
:
wherefore
it
is
usually
inserted
into
the
definition
of
a
Vow
,
as
a
condition
b
essentially
requisite
thereunto
,
that
it
be
made
unto
God
alone
,
insomuch
as
to
make
a
Vow
to
any
Creature
,
is
interpretative
to
exalt
the
Creature
into
the
place
of
God
,
and
so
to
make
it
an
Idol
,
which
is
clear
not
only
from
the
express
c
precept
of
God
,
and
the
constant
d
examples
of
godly
men
,
and
the
usual
e
phrases
of
the
Holy
Ghost
in
the
Scriptures
;
but
also
from
the
universal
consent
of
all
learned
men
,
both
Divines
and
others
,
and
even
of
f
Heathens
also
:
This
Gentlewomans
promise
then
being
made
to
the
Gentleman
her
Friend
alone
,
as
was
his
also
to
her
,
and
neither
of
both
to
God
,
is
therefore
to
be
taken
for
a
meer
Promise
;
but
no
Vow
.
§
.
2.
If
for
more
confirmation
thereof
,
she
bound
herself
also
by
Oath
,
as
it
is
not
unlike
,
yet
is
it
no
more
for
all
that
but
a
meer
promise
still
,
and
not
a
Vow
;
for
albeit
the
very
using
of
an
Oath
be
a
calling
in
of
God
into
a
business
,
and
the
person
that
taketh
an
Oath
doth
thereby
set
himself
in
the
presence
of
God
;
yet
an
Oath
calleth
him
in
only
to
be
a
a
witness
,
without
any
intent
to
make
him
a
party
to
the
business
,
whereas
in
a
Vow
he
is
made
a
party
and
not
only
a
witness
;
whereunto
agree
those
formes
so
frequent
in
holy
Scripture
,
in
Oaths
both
assertory
,
and
stipulatory
;
b
The
Lord
be
witness
between
us
:
c
God
is
my
witness
:
d
I
take
God
to
Record
,
and
the
like
:
for
even
as
when
a
promise
is
made
unto
God
,
whereunto
for
the
more
solemnity
,
the
presence
of
some
men
is
required
as
witnesses
,
such
a
Promise
is
to
be
held
for
a
Vow
;
because
it
is
made
to
God
alone
,
although
in
the
presence
of
Men
:
So
on
the
other
side
,
when
a
Promise
is
made
unto
some
Man
,
whereunto
for
the
more
assurance
,
the
presence
of
God
is
required
as
a
witness
,
such
a
Promise
is
not
to
be
held
for
a
Vow
,
because
it
is
made
unto
Man
alone
,
although
in
the
presence
of
God.
§
.
3.
Nay
further
,
if
the
Gentlewoman
when
she
thus
engaged
her self
,
did
use
these
very
words
[
I
VOW
TO
GOD
]
or
words
to
that
effect
,
as
we
know
is
often
done
in
solemn
Promises
,
between
Man
and
Man
;
yet
neither
is
that
sufficient
to
make
it
properly
a
Vow
;
for
to
judge
rightly
when
Question
is
made
,
concerning
any
particular
promise
,
whether
it
be
a
Vow
yea
or
no
;
we
are
not
to
be
guided
so
much
by
the
formes
of
speech
,
(
which
are
subject
to
change
,
impropriety
,
and
many
defects
)
as
by
the
true
intention
and
purpose
of
the
parties
,
especially
the
Promiser
.
Now
what
was
the
whole
intent
and
purpose
of
these
Parties
,
when
they
mutually
bound
themselves
in
such
sort
,
as
in
the
Case
propounded
is
laid
down
,
no
reasonable
man
can
be
ignorant
;
even
this
and
no
other
,
to
give
as
good
assurance
as
they
could
devise
,
either
to
other
,
and
to
receive
the
like
assurance
again
,
that
the
thing
by
them
agreed
on
and
promised
,
should
be
faithfully
performed
;
and
if
either
Oaths
or
Protestations
,
were
also
used
by
way
of
Confirmation
,
they
are
all
in
common
intendment
to
be
taken
as
tending
to
the
self
same
purpose
,
without
looking
at
any
further
thing
;
and
clearly
where
the
Promiser
hath
no
intention
to
bind
himself
to
God
,
but
to
Man
only
,
the
Promise
so
made
is
no
Vow
,
whatsoever
formality
of
words
may
be
used
in
the
making
of
it
.
§
.
4.
Neither
is
the
examination
of
this
Point
a
curiosity
either
in
it
self
fruitless
,
or
impertinent
to
the
Case
in
hand
;
for
albeit
,
in
that
which
seemeth
to
be
the
very
main
point
of
all
,
viz.
the
power
of
binding
the
Conscience
,
there
be
no
material
difference
between
a
Vow
and
an
ordinary
Promise
;
a
lawfull
Promise
no
less
binding
unto
performance
,
than
a
lawfull
Vow
;
and
an
unlawfull
Vow
no
more
binding
than
an
unlawfull
Promise
:
yet
there
is
some
difference
between
them
,
and
that
of
some
importance
too
,
in
respect
of
the
relaxation
of
that
Bond
;
for
since
it
belongeth
to
him
to
whom
a
bond
is
made
,
to
grant
a
release
thereof
:
It
belongeth
therefore
to
God
alone
to
release
the
obligation
of
a
Vow
;
and
no
man
hath
power
so
to
do
,
because
the
Vower
by
his
Vow
,
bindeth
himself
to
God
,
not
to
Man
:
whereas
the
obligation
of
a
meer
Promise
,
wherein
the
Promiser
bindeth
himself
but
to
some
Man
,
may
be
released
by
that
Man
;
and
a
release
from
him
is
to
the
conscience
of
the
Promiser
a
sufficient
discharge
from
the
said
obligation
:
which
Consideration
of
what
use
it
will
be
in
the
present
Case
,
will
in
the
due
place
further
appear
.
In
the
mean
time
we
have
evidently
proved
,
that
this
Gentlewoman
bound
her self
by
Promise
only
,
and
not
by
Vow
.
Point
II.
§
.
5.
We
are
next
to
enquire
concerning
the
validity
thereof
,
whether
or
no
the
Gentlewoman
a
having
an
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Husband
at
that
time
,
were
so
disabled
in
that
respect
from
making
such
a
promise
,
that
the
promise
then
made
by
her
,
without
the
Husbands
consent
,
was
utterly
void
from
the
very
beginning
:
For
the
Wife
is
under
b
the
Law
,
and
c
under
the
power
of
her
Husband
,
and
so
is
not
sui
juris
,
nor
can
bind
her self
by
Vow
,
Oath
,
Promise
,
or
otherwise
without
the
privity
and
consent
of
her
Husband
,
which
consent
we
may
presume
this
Gentlewoman
never
had
,
the
promise
being
of
that
nature
,
that
it
had
been
not
only
immodesty
,
but
even
madness
,
at
all
to
have
sought
it
.
And
it
is
certain
from
the
d
Law
of
God
,
by
Moses
(
to
the
equity
whereof
Christians
are
still
bound
,
because
it
's
founded
upon
right
Reason
,
and
the
light
of
Nature
)
that
every
Vow
and
Promise
made
by
a
person
that
of
right
hath
not
power
to
make
it
,
is
de
jure
nullum
,
altogether
void
from
the
first
instant
,
and
bindeth
the
Party
no
more
then
if
it
never
had
been
made
.
§
.
6.
If
any
Scruple
shall
arise
from
this
Consideration
,
that
albeit
the
promise
made
by
the
Wife
in
her
Husbands
life
time
,
bind
her
not
without
his
consent
,
so
long
as
he
liveth
,
because
she
is
all
that
while
under
his
power
;
vet
after
that
she
is
loosed
from
the
law
of
her
Husband
by
his
death
,
it
shall
thenceforth
bind
her
,
because
she
then
becometh
sui
juris
:
I
say
,
this
maketh
no
difference
at
all
in
the
Case
;
for
this
is
a
general
Rule
,
that
what
b
act
soever
had
a
nullity
in
it
at
the
first
,
when
it
was
done
,
cannot
by
any
succeeding
tract
of
time
grow
to
be
of
force
.
As
if
a
young
Scholar
shall
be
instituted
to
a
Benefice
,
being
not
of
lawful
years
;
or
a
young
Heir
make
a
sale
of
his
Lands
during
minority
,
the
institution
and
the
sale
as
they
were
both
void
at
the
beginning
,
so
they
shall
continue
void
,
as
well
after
the
Clerk
is
of
lawful
years
,
and
the
Heir
at
full
age
,
as
before
;
so
that
to
judge
of
the
validity
of
any
Vow
,
Promise
,
or
Covenant
,
respect
must
be
had
to
c
that
very
time
wherein
it
was
made
,
and
to
the
present
condition
of
the
person
at
that
time
,
and
not
to
any
time
or
condition
before
or
after
:
If
then
there
were
indeed
,
a
nullity
in
this
Gentlewomans
Vow
,
at
the
time
when
she
made
it
,
there
is
a
nullity
in
it
still
;
and
if
it
were
indeed
of
no
force
to
bind
her
then
,
neither
is
it
of
any
force
to
bind
her
now
.
§
.
7.
But
after
due
pondering
of
the
matter
,
I
rather
think
,
that
there
was
not
a
nullity
in
the
promise
at
the
first
,
neither
(
supposing
it
had
been
rightly
qualified
in
other
respects
)
was
it
void
upon
this
ground
;
because
although
she
were
not
sui
juris
absolute
,
it
is
sufficient
yet
,
that
she
was
so
quantum
ad
hoc
.
For
a
person
that
is
under
the
power
of
another
,
hath
yet
power
of
himself
,
(
and
so
is
sui
juris
)
to
dispose
of
all
such
things
,
as
by
the
free
disposal
whereof
,
the
proper
right
of
him
,
under
whose
power
he
is
,
is
no
way
prejudiced
;
but
in
whatsoever
may
be
prejudicial
to
the
other
in
any
of
his
Rights
,
he
is
juris
alieni
:
neither
may
dispose
thereof
without
the
others
consent
;
and
if
such
a
person
shall
make
a
vow
,
or
other
promise
concerning
any
of
those
things
,
wherein
he
is
sui
juris
,
such
vow
or
promise
shall
stand
good
,
and
is
not
void
(
though
possibly
it
may
be
vitious
in
other
respects
)
from
the
inability
of
the
person
that
maketh
it
:
As
for
example
,
if
a
Servant
shall
promise
to
his
own
Father
to
work
with
him
a
day
or
two
in
Harvest
,
this
promise
unless
his
Master
consent
thereunto
,
shall
be
void
,
because
the
Master
hath
a
right
in
the
Servants
work
,
to
which
right
it
would
be
prejudicial
if
the
Servant
should
dispose
thereof
after
his
own
pleasure
;
but
if
such
a
Servant
shall
promise
unto
his
needy
Father
to
relieve
him
from
time
to
time
with
a
third
or
fourth
part
of
all
such
wages
as
he
shall
receive
for
his
service
,
this
promise
shall
be
good
of
it self
;
neither
shall
the
Masters
consent
be
requisite
to
make
it
so
,
because
the
Master
hath
no
Right
at
at
all
in
the
Servants
wages
;
wherein
to
be
prejudiced
by
the
Servants
disposing
thereof
according
to
his
own
mind
:
Now
forasmuch
as
the
Husbands
right
and
power
over
the
Wife
ceaseth
together
with
his
life
,
(
as
the
Apostle
a
expresly
teacheth
)
and
so
cannot
be
prejudiced
by
any
act
of
the
Wife
done
after
his
Decease
;
It
is
manifest
that
the
Wife
is
sui
juris
to
make
a
vow
or
promise
during
her
Husbands
life
time
,
concerning
something
to
be
done
after
his
decease
,
in
case
she
overlive
him
,
because
his
right
will
be
expired
before
the
performance
of
the
said
vow
or
promise
be
due
;
as
to
give
instance
in
a
Case
not
much
unlike
to
this
in
question
;
A
Wife
estated
upon
her
Marriage
in
a
Iointure
or
Annuity
for
her
life
of
an
100
l.
per
annum
,
maketh
a
promise
in
her
Husbands
life
time
to
one
of
her
younger
Brothers
,
that
hath
but
short
Means
,
to
allow
him
thence
forward
out
of
the
said
Estate
,
10
l.
yearly
toward
his
better
Maintenance
;
this
promise
is
void
unless
the
Husband
consent
,
because
the
performance
thereof
would
prejudice
him
in
that
right
which
he
hath
during
his
own
life
in
the
Revenue
of
all
the
Lands
and
Annuities
estated
upon
the
Wife
in
Reversion
;
but
if
such
a
Wife
shall
promise
to
her
said
Brother
to
allow
him
the
said
yearly
sum
of
10
l.
after
the
decease
of
her
Husband
,
in
case
she
survive
him
,
this
promise
is
good
,
though
made
by
the
Wife
in
her
Husbands
life
time
,
and
without
his
consent
,
because
the
Husbands
right
(
being
to
cease
before
the
Promise
is
to
be
performed
)
cannot
be
prejudiced
by
the
performance
thereof
:
And
this
I
find
agreeable
to
the
best
Casuists
,
whose
peremptory
opinion
it
is
,
that
b
Husbands
and
Masters
cannot
disannul
such
Vows
as
their
Wives
and
Servants
make
concerning
things
to
be
performed
at
such
times
;
as
they
shall
be
from
under
their
power
.
Which
position
if
it
be
true
(
and
I
yet
see
no
reason
why
it
should
not
)
then
doubtless
this
Gentlewomans
Vow
made
to
her
friend
,
though
in
the
life
time
,
and
without
the
consent
of
her
Husband
,
was
not
originally
void
from
the
inability
to
make
it
,
upon
this
respect
;
that
she
was
not
sui
juris
so
to
do
.
Point
III.
§
.
8.
But
though
I
dare
not
say
,
neither
do
I
think
,
that
there
was
a
nullity
in
it
,
in
respect
of
the
person
,
to
make
it
void
that
way
;
yet
it
cannot
be
denied
,
but
there
was
much
obliquity
in
it
,
in
respect
of
the
matter
,
to
make
it
otherwise
utterly
unlawful
:
in
which
Point
much
need
not
be
said
,
because
the
truth
thereof
will
soon
appear
;
for
there
was
in
it
manifestly
a
threefold
obliquity
,
and
thereby
also
a
breach
of
three
several
Commandements
.
The
first
obliquity
was
in
respect
of
the
unlawful
affection
from
which
it
proceeded
;
which
being
placed
upon
another
than
the
Husband
,
and
that
in
such
a
high
degree
,
as
to
produce
a
promise
of
this
kind
,
must
needs
be
vitious
,
both
for
the
object
and
for
the
measure
,
and
such
inordinate
affection
by
the
Analogy
of
our
Saviours
a
expression
of
the
Law
,
is
a
violation
of
the
Chastity
of
the
heart
,
and
so
a
breach
of
the
Seventh
Commandement
.
The
Second
obliquity
was
,
the
want
of
that
true
conjugal
love
which
ought
to
be
between
Husband
and
Wife
,
who
ought
to
have
a
mutual
b
complacency
and
delight
the
one
in
the
other
,
and
to
be
c
satisfied
at
all
times
with
the
Love
,
Comfort
,
and
Society
of
the
one
of
the
other
;
which
Love
if
it
had
been
so
throughly
rooted
and
seated
in
the
Gentlewomans
heart
,
as
it
ought
to
have
been
,
would
have
crushed
all
motions
of
unlawful
affection
towards
a
Stranger
in
the
shell
,
long
before
they
could
grow
to
such
strong
Resolutions
,
as
by
the
making
of
this
vow
it
appeareth
they
did
;
for
it
is
:
not
to
be
imagined
that
such
a
vow
as
this
could
be
made
,
and
really
intended
to
be
performed
,
but
we
must
needs
suppose
in
the
parties
so
vowing
,
a
kind
of
weariness
at
the
least
,
if
not
rather
some
inward
loathing
of
the
present
Yoak
;
which
being
contrary
to
that
honour
thst
Marryed
persons
owe
to
their
yoak
fellows
,
is
so
a
breach
of
the
Fifth
Commandement
,
A
Third
obliquity
there
was
also
as
a
breach
of
the
Tenth
Commandement
,
against
those
expresse
words
[
Thou
shalt
not
covet
thy
Neighbours
Wife
]
every
Man
and
Woman
being
to
content
themselves
with
that
lot
,
which
by
Gods
Providence
hath
befallen
them
,
as
in
all
other
things
,
so
especially
in
that
which
is
of
the
greatest
weight
,
the
lot
of
Marriage
,
without
coveting
or
lusting
after
that
which
it
hath
pleased
the
wisdom
of
God
already
to
dispose
upon
another
;
this
Gentlewomans
promise
then
being
such
,
as
(
if
it
should
be
brought
to
an
impartial
Tryal
before
that
Tribunal
which
God
hath
erected
in
every
ones
conscience
,
and
according
to
the
tenor
of
that
Divine
Law
,
whereof
no
Christian
should
be
ignorant
)
could
not
be
reasonably
acquitted
from
any
one
of
these
sinful
Obliquities
,
but
not
possibly
from
them
all
,
we
may
conclude
to
have
been
an
Act
utterly
unlawfull
.
Point
IV.
§
.
9.
But
because
a
Man
may
contract
an
Obligation
by
an
act
not
free
from
Obliquity
,
as
the
saying
in
such
Cases
is
[
Fieri
non
debet
,
factum
valet
]
and
we
have
a
Ruled
case
for
it
in
the
Covenant
,
which
the
Princes
of
Israel
made
with
the
Gibeonites
,
which
though
b
sinfully
made
at
the
first
,
was
c
necessarily
to
be
kept
afterwards
:
We
are
therefore
to
enquire
into
a
Fourth
Point
,
Whether
the
Gentlewoman
having
de
facto
bound
her self
,
by
such
an
unlawful
promise
,
be
still
,
by
virtue
of
the
said
promise
,
bound
in
conscience
to
the
performance
thereof
,
or
not
?
To
answer
directly
to
the
Point
,
I
take
it
she
is
not
bound
thereunto
;
for
that
saying
[
Fieri
non
debet
,
factum
valet
]
hath
place
only
there
,
where
the
obliquity
that
maketh
the
act
unlawful
,
may
be
severed
from
the
substance
of
the
matter
,
about
which
the
act
is
conversant
;
as
when
a
Man
voweth
to
do
something
,
which
is
not
in
it self
,
and
for
the
substance
of
the
matter
simply
unlawful
to
be
done
;
but
yet
voweth
it
,
either
rashly
,
and
without
due
advisement
,
or
for
some
indirect
and
unwarrantable
end
,
or
upon
flight
and
insufficient
inducements
,
or
the
like
,
any
of
these
Obliquities
are
enough
to
make
the
vow
unlawful
,
in
respect
of
the
act
of
vowing
;
yet
because
these
Obliquities
do
not
necessarily
passe
upon
the
matter
it self
,
or
the
thing
Vowed
,
but
may
be
severed
from
it
;
therefore
though
the
act
of
vowing
were
sinful
,
the
Vow
it self
for
all
that
may
stand
good
▪
and
bind
the
Party
to
performance
,
but
where
the
sinful
obliquity
passeth
upon
the
substance
of
the
matter
,
or
adhereth
inseperably
thereunto
;
there
not
only
the
act
of
vowing
is
sinful
,
but
the
performance
also
becometh
unlowful
:
In
which
Cases
those
other
sayings
ought
rather
to
have
place
,
Iuram
ent●●●
non
debet
esse
vinculum
iniquitatis
in
malis
promissis
rescinde
fidem
,
in
turpi
vot●
muta
decrètum
,
&c.
§
.
10.
If
it
shall
be
said
,
that
this
difference
being
admitted
,
will
nothing
availe
the
Gentlewoman
in
our
present
Case
,
to
free
her
from
the
obligation
of
her
said
promise
;
because
here
the
matter
of
promise
seemeth
not
to
be
in
it
self
unlawful
,
especially
on
her
part
;
for
if
the
Gentleman
her
Friend
,
were
presently
free
from
the
bond
of
Matrimony
by
the
death
of
his
Wife
,
as
the
Gentlewoman
now
is
by
the
death
of
her
Husband
,
they
might
perform
what
they
had
promised
either
to
other
,
by
joyning
themselves
in
Matrimony
,
and
that
without
sin
,
which
is
an
argument
that
the
sinful
obliquity
was
only
in
the
act
of
promising
;
which
therefore
they
ought
to
repent
of
:
but
doth
not
cleave
to
the
matter
of
the
promise
,
which
therefore
they
ought
not
to
violate
.
To
this
I
answer
,
what
in
my
opinion
is
true
,
That
if
both
the
Parties
were
now
actually
free
from
the
Marriage
bond
,
they
not
only
lawfully
might
,
but
were
in
conscience
bound
(
unless
some
other
lawful
impediment
should
hinder
)
to
joyn
themselves
together
in
Matrimony
,
because
none
of
the
forementioned
Obliquities
,
which
made
the
former
act
of
promising
unlawful
,
would
fall
upon
the
after
-
act
of
Marriage
to
make
it
unlawful
.
But
that
Allegation
is
not
direct
to
the
Point
in
hand
,
nor
to
the
Case
as
it
is
propounded
;
for
it
may
be
observed
from
the
very
from
of
the
proposal
,
that
the
matter
of
the
promise
,
wherein
the
Parties
interchangeably
bound
themselves
,
was
not
to
Marry
together
,
when
they
should
be
both
free
;
upon
which
false
ground
the
Objection
runneth
;
that
was
indeed
the
thing
they
aimed
at
therein
;
but
the
end
is
one
thing
,
and
the
matter
another
:
but
the
very
matter
of
the
promise
was
,
the
continuance
of
their
mutual
affection
either
to
other
,
with
a
resolution
to
stay
the
one
for
the
other
,
when
either
Party
should
happen
to
be
free
from
the
bond
of
the
present
Matrimony
,
till
the
other
should
be
also
free
.
The
continuance
of
which
affection
and
resolution
,
will
upon
examination
be
found
subject
to
all
,
or
some
of
the
three
Obliquities
aforesaid
;
and
therefore
as
such
an
affection
and
resolution
,
could
not
be
entertained
at
the
first
without
sin
;
so
neither
can
they
be
now
continued
in
without
sin
;
for
,
so
long
as
they
continue
,
the
first
of
the
said
Obliquities
remaineth
still
,
both
on
his
part
and
hers
;
the
second
indeed
by
the
death
of
the
Husband
is
ceased
on
her
part
,
but
remaineth
still
on
his
;
and
the
third
contrarily
being
on
his
part
ceased
,
remaineth
still
on
hers
,
as
will
evidently
appear
to
the
understanding
of
any
Man
,
that
shall
take
the
pains
to
examine
it
.
§
.
11.
Yea
,
and
it
is
further
to
be
considered
,
that
the
continuance
of
such
an
affection
and
resolution
may
be
likely
to
expose
as
well
the
one
as
the
other
to
the
assault
of
more
strong
and
dangerous
temptations
,
now
since
the
Husbands
death
than
before
.
The
danger
on
the
Gentlemans
part
,
this
,
least
by
how
much
he
is
now
by
the
Husband
death
,
put
into
a
nearer
possibility
of
enjoying
his
unlawful
hopes
,
he
should
grow
into
so
much
the
deeper
loathing
of
his
own
bed
,
and
and
so
much
the
earnester
longing
that
,
that
which
is
now
the
only
obstacle
to
the
fruition
of
his
desires
were
removed
;
of
which
thoughts
,
who
can
tell
how
fearful
the
issues
might
be
?
the
slie
Enemy
being
most
ready
at
all
times
,
to
practice
upon
the
corruption
that
is
in
the
naughty
heart
of
Man
;
but
especially
having
a
mighty
advantage
against
him
,
when
he
hath
got
his
conscience
as
it
were
in
a
snare
,
by
the
engagement
of
some
vow
,
promise
,
or
setled
resolution
.
And
then
on
the
Gentlewomans
part
,
the
danger
,
this
,
least
having
by
her
own
voluntary
act
debarr'd
her self
,
of
that
which
is
the
only
allowed
remedy
,
namely
Marriage
;
she
should
by
the
just
judgement
of
God
,
be
left
to
the
rage
of
the
Disease
of
burning
Lusts
:
for
upon
what
sound
warrant
can
she
be
confident
,
or
with
what
Reason
expect
,
that
God
should
either
preserve
her
from
,
or
assist
her
against
temptations
in
that
kind
,
though
she
should
seek
it
of
him
with
Fasting
,
and
Prayers
,
and
Tears
,
so
long
as
she
tempceth
Him
by
persisting
in
a
wilful
obstinacy
,
against
that
means
of
Remedy
which
He
hath
appointed
?
Indeed
,
where
the
hand
of
God
himself
hath
prevented
the
use
of
the
Remedy
(
as
if
the
Husband
should
be
long
detained
in
a
foraign
Land
,
or
held
in
close
Prison
,
or
taken
with
a
dead
Palsie
,
or
some
other
bodily
impotence
,
or
the
like
)
there
the
Wife
might
comfortably
implore
Gods
assistance
to
preserve
her
from
being
overcome
by
carnal
temptations
,
and
assuredly
rest
upon
it
by
faith
,
if
she
be
not
wanting
to
her self
,
in
putting
to
her
own
utmost
endeavours
,
because
she
hath
a
Promise
to
rest
upon
for
that
purpose
;
and
God
who
is
faithful
in
all
his
Promises
,
is
also
faithful
in
this
,
of
not
suffering
his
Servants
to
be
tempted
beyond
their
strength
:
but
for
the
Wife
,
by
some
inconsiderate
act
of
her
own
,
wherein
she
wilfully
and
obstinately
persisteth
to
refuse
the
appointed
means
,
and
yet
to
expect
Gods
assistance
nevertheless
,
for
which
she
hath
no
Promise
,
is
a
fear
,
full
tempting
of
God
;
and
it
is
but
a
just
thing
with
God
,
and
she
suffereth
it
worthily
for
her
presumption
,
if
she
be
left
to
her self
,
and
so
wrestle
with
the
temptation
by
her
own
strength
,
and
so
be
overcome
thereby
:
For
God
who
hath
after
a
sort
tied
himself
by
his
free
and
gracious
Promise
to
protect
us
in
Via
Regia
,
so
long
as
we
walk
in
the
ordinary
known
way
that
he
hath
appointed
for
us
,
hath
no
where
bound
himself
to
vouchsafe
us
the
like
powerful
protection
Extra
viam
Regiam
,
if
we
refuse
that
high
way
,
to
walk
in
by-paths
of
our
own
choosing
,
which
present
dangers
on
both
sides
,
and
the
former
Reasons
laid
together
,
do
sufficiently
prove
,
that
the
Gentlewoman
is
not
at
all
bound
to
performe
her
said
unlawful
Promise
.
Point
V.
§
.
12.
Hitherto
we
have
proceeded
in
genere
judiciali
,
by
considering
of
the
nature
and
validity
,
lawfulness
and
obligation
of
the
Promise
for
the
time
past
:
Now
we
are
to
deal
in
genere
deliberativo
,
and
to
consider
what
in
Christian
wisdom
is
meetest
to
be
farther
done
,
for
the
better
both
quieting
and
regulating
of
the
Conscience
for
the
time
to
come
;
wherein
,
submitting
to
Men
of
better
judgements
,
and
experience
,
I
give
my
advice
as
followeth
,
viz.
First
,
That
the
Gentlewoman
out
of
the
serious
consideration
of
the
Promises
,
be
brought
to
a
through
feeling
of
the
grievousness
of
those
sins
which
she
hath
committed
against
God
,
and
wherein
she
hath
so
long
continued
,
that
so
she
may
not
only
be
humbled
in
his
sight
with
true
contrition
of
heart
,
and
remorse
for
the
same
,
proportionably
to
the
greatness
thereof
;
but
also
be
provoked
to
a
proportionable
measure
of
thankfulness
unto
him
,
for
his
gratious
goodness
in
restraining
her
unlawful
affections
from
breaking
out
into
actual
uncleanness
,
and
preserving
her
when
she
had
run
out
so
far
in
an
evill
way
,
from
rushing
into
more
desperate
extremities
;
for
,
Erranti
nullus
terminus
:
as
a
stone
that
tumbleth
down
a
steep
hill
;
so
Mans
corruption
when
it
is
once
set
on
going
,
hath
no
stay
of
self
till
it
come
to
the
bottom
of
Hell
,
unless
the
Lord
lay
a
stop
in
the
way
:
and
it
is
to
be
acknowledged
a
blessed
act
of
Gods
mercimerciful
Providence
,
when
we
have
let
loose
the
reins
to
our
own
lusts
in
any
kind
,
if
they
be
bridled
from
running
headlong
into
tall
excess
of
wickedness
;
great
sins
require
more
then
ordinary
Repentance
,
and
great
mercies
more
then
ordinary
Thankfulnesse
.
§
.
13.
Secondly
,
That
having
thus
humbled
her self
before
God
by
inward
Contrition
,
she
also
make
an
outward
free
Confession
of
her
said
sins
,
to
him
whom
God
hath
delegated
a
Ministerial
Power
to
remit
sins
,
that
she
may
receive
Comfort
and
Absolution
from
his
mouth
;
I
mean
the
Priest
:
and
this
I
think
meetest
to
be
done
to
the
Bishop
of
the
Diocess
,
with
one
or
more
of
his
Presbytery
,
such
as
he
shall
think
good
to
take
to
him
to
assist
him
;
or
else
to
some
other
by
his
appointment
:
because
the
Bishop
is
the
chief
Pastor
,
to
whom
the
care
of
Souls
most
immediately
belongeth
,
within
his
own
Diocess
;
besides
,
that
both
the
quality
of
the
person
(
if
she
be
of
eminent
Place
and
Rank
)
and
the
weightiness
of
the
case
,
make
it
so
much
the
more
proper
for
his
cognisance
:
But
howsoever
it
would
be
done
to
a
Man
of
approved
wisdom
,
and
such
an
one
,
as
will
be
both
compassionate
and
secret
,
wherein
the
more
freely
she
shall
make
confession
of
her
said
sins
,
and
the
more
chearfully
she
shall
subject
her self
to
perform
such
further
acts
,
whether
of
Humiliation
or
Charity
,
as
the
Bishop
or
Priest
shall
advise
to
be
done
,
in
testimony
of
her
unfeigned
Repentance
,
the
more
sound
comfort
undoubtedly
with
the
sentence
of
Absolution
bring
unto
the
Soul.
§
.
14.
This
done
,
then
thirdly
,
that
she
endeavour
by
all
fair
means
,
that
the
Gentleman
also
her
friend
and
partner
,
in
the
aforesaid
Promise
,
may
be
brought
to
the
like
sight
and
acknowledgment
,
of
the
great
sins
that
were
enwrapped
in
that
act
,
and
to
a
true
perswasion
withal
,
that
so
long
as
he
continueth
in
the
former
unlawful
affection
and
resolution
,
he
is
not
only
still
under
the
guilt
of
those
sins
,
but
also
in
near
danger
(
without
Gods
great
mercy
preventing
it
)
of
falling
into
other
and
greater
sins
;
for
which
purpose
it
will
be
expedient
,
that
he
be
truly
and
effectually
dealt
withal
,
(
yet
with
as
much
lenity
as
the
state
of
his
Soul
will
suffer
,
and
with
all
possible
secresie
)
and
that
by
some
such
person
especially
as
he
holdeth
a
reverend
opinion
of
both
for
Learning
and
Piety
;
and
to
procure
that
this
be
done
,
the
Gentlewoman
ought
to
take
it
into
her
own
especially
care
;
which
it
will
concern
her
to
do
,
not
only
in
Christian
Charity
for
the
good
of
his
Soul
,
but
in
Christian
wisdom
also
for
her
own
future
benefit
and
security
.
§
.
15.
For
when
he
shall
be
once
throughly
convinced
in
his
judgement
and
conscience
,
of
the
unlawfulness
of
the
Promise
made
between
them
,
and
of
the
sinful
inconveniences
that
attend
the
continued
purpose
of
fulfilling
it
,
there
is
a
fair
way
open
for
that
which
is
next
and
fourthly
to
be
done
,
viz.
That
he
be
then
earnestly
moved
for
his
Relaxation
of
the
said
Promise
to
the
Gentlewoman
,
which
(
being
it
was
but
a
meer
Promise
,
and
no
Vow
,
as
in
the
first
Point
hath
already
been
shewed
)
he
hath
in
himself
a
full
power
to
make
,
and
this
also
to
be
done
in
the
presence
of
such
Persons
,
as
they
shall
make
choice
of
betwixt
themselves
to
be
witnesses
of
the
said
Release
;
for
although
the
Promise
being
utterly
unlawful
,
hath
no
power
to
bind
,
and
so
there
needeth
no
Release
,
as
of
absolute
necessity
,
in
regard
of
the
thing
it self
;
yet
such
Release
may
be
very
behoofeful
in
regard
of
the
Gentlewomans
person
,
and
for
the
quieting
of
her
conscience
,
in
case
there
should
remain
any
fears
or
scruples
behind
,
least
perhaps
her
promise
should
still
bind
her
;
for
as
Satan
laboureth
to
benum
the
conscience
with
security
to
make
men
bold
to
commit
sins
without
scruple
,
till
he
has
drawn
them
into
the
snare
;
so
when
he
seeth
them
offer
to
get
out
of
the
snare
again
by
Repentance
,
he
is
very
cunning
to
inject
needless
Scruples
and
Fears
,
if
possibly
he
can
,
to
hold
them
in
by
means
thereof
;
wherefore
I
hold
it
very
expedient
that
such
a
Release
,
if
it
may
be
obtained
,
be
not
neglected
;
for
thereby
the
binding
power
of
the
Promise
,
though
we
should
suppose
it
lawful
,
should
be
quite
taken
away
,
so
as
there
need
no
scruple
to
remain
:
Abundans
Cautela
non
nocet
,
is
a
safe
Aphorism
;
as
wary
men
when
they
pay
monies
,
besides
seeing
the
Book
crost
,
will
crave
to
have
an
Aquittance
:
So
it
may
be
some
satisfaction
to
the
Gentlewomans
mind
,
to
have
a
solemn
Release
before
witness
,
which
say
it
should
be
more
then
needeth
,
yet
can
do
no
harme
howsoever
.
§
.
16.
Fifthly
,
that
the
Gentlewoman
all
the
while
before
,
and
so
ever
after
that
time
only
excepted
,
when
the
Relaxation
should
be
made
,
for
then
it
is
requisite
,
she
should
be
personally
present
)
carefully
avoid
the
company
of
that
Gentleman
,
and
he
likewise
hers
,
so
far
as
conveniently
may
be
;
but
at
leastwise
,
by
no
means
converse
together
with
any
familiarity
,
especially
in
private
;
least
the
former
unlawful
affection
should
rekindle
in
either
Party
,
and
so
the
disease
after
some
measure
of
cure
grow
to
a
re-laps
,
which
many
times
proves
more
dangerous
then
the
first
malady
;
for
commonly
when
the
unclean
spirit
is
ejected
by
Repentance
,
if
once
he
make
himself
master
of
the
heart
again
(
as
he
will
attempt
it
,
and
without
a
good
watch
haply
effect
it
)
he
will
be
sure
at
the
re-entry
,
to
come
with
a
new
strength
,
and
that
sevenfold
,
to
what
he
had
before
,
and
needs
must
the
end
of
that
man
be
worse
then
the
beginning
▪
she
must
therefore
resolve
to
shun
all
likely
occasions
of
falling
again
into
the
same
snare
,
so
far
as
the
quality
of
her
person
and
condition
,
and
the
common
affairs
of
life
will
permit
:
And
she
had
need
also
to
use
her
best
care
and
diligence
(
praying
to
God
dayly
for
Grace
to
strengthen
her
thereunto
)
to
withstand
all
wicked
temptations
of
the
flesh
that
she
be
no
more
foiled
thereby
,
neither
entangled
again
in
such
sinful
inconveniences
,
as
by
Gods
mercy
she
shall
be
now
freed
from
.
§
.
17.
If
in
these
Directions
,
I
be
thought
to
deal
with
too
much
rigour
and
strictness
,
it
would
be
considered
:
First
,
that
it
's
much
better
to
put
the
patient
to
a
little
more
pain
at
the
first
,
then
by
skinning
the
wound
overly
,
to
heal
it
deceitfully
;
and
to
suffer
it
to
rankle
inward
,
which
will
breed
a
great
deal
more
grief
at
last
.
Secondly
,
that
since
all
men
(
through
corrupt
self-love
,
and
privy
Hypocrisie
,
cleaving
to
our
depraved
nature
)
are
partial
towards
themselves
,
and
apt
to
deal
more
favourably
with
their
own
sins
,
then
they
ought
;
it
is
therefore
safest
for
them
(
in
their
own
Cases
especially
)
to
encline
to
severity
,
rather
then
indulgence
.
Thirdly
;
that
there
may
be
a
mitigation
used
of
the
present
Directions
,
according
as
the
state
of
the
Patient
(
in
the
several
variations
thereof
)
shall
require
;
but
that
(
for
the
avoiding
of
partiality
)
not
to
be
permitted
to
the
sole
liberty
of
the
party
himself
,
but
rather
to
be
done
by
the
advice
of
a
Ghostly
Physitian
,
who
if
he
be
a
man
of
such
wisdom
and
moderation
,
as
is
meet
,
will
I
doubt
not
allow
a
greater
indulgence
in
case
he
see
it
expedient
,
then
it
could
be
safe
for
the
Party
her self
to
take
of
her
own
head
.
Fourthly
,
That
in
all
this
Discourse
,
I
take
not
upon
me
to
write
Edicts
,
but
to
give
my
advice
,
that
is
to
say
,
not
to
prescribe
to
the
judgment
of
others
,
if
any
shall
see
cause
to
dissent
,
but
to
deliver
my
own
opinion
(
being
requested
thereunto
by
a
Reverend
Friend
)
with
such
a
faithfulness
and
freedom
as
becometh
me
to
do
;
and
truly
those
Parties
whom
it
most
concerneth
,
ought
not
to
blame
me
for
it
howsoever
;
inasmuch
as
there
can
be
no
cause
to
suspect
that
I
should
be
carryed
with
any
personal
respects
to
be
partial
either
for
or
against
either
of
them
;
so
God
is
my
witness
whom
I
desire
to
serve
,
I
had
not
any
intimation
at
all
given
me
,
neither
yet
have
so
much
as
the
least
conjecture
in
the
World
,
who
either
of
them
both
might
be
.
The
CASE
of
a
MILITARY
LIFE
.
SIR
,
IN
referring
over
your
friend
to
me
,
you
have
pitched
upon
one
of
the
unfittest
persons
in
the
World
,
to
be
consulted
in
cases
of
that
nature
;
who
am
altogether
a
stranger
to
the
Publique
Affaires
of
Christendom
,
and
understand
nothing
at
all
of
the
mutual
Interests
,
Relations
,
or
Transactions
of
foreign
Princes
or
States
;
yea
so
little
curious
have
I
been
to
inform
my self
,
so
much
as
where
the
Stages
lay
of
the
chiefest
Actions
of
these
latter
times
abroad
,
or
what
persons
were
engaged
therein
;
that
I
have
something
pleased
my self
(
perhaps
too
much
)
with
my
own
ignorance
in
our
home
Affaires
:
accounting
it
among
the
happinesses
of
my
privacy
and
retiredness
,
in
these
unhappy
times
;
that
amidst
so
much
fury
and
bloodshed
on
every
side
,
it
was
never
my
hap
to
be
within
the
view
of
any
Battel
or
Skirmish
;
nor
did
I
ever
see
so
much
as
a
Pistol
discharged
,
or
a
Sword
drawn
against
any
single
person
,
since
the
beginning
of
the
Warr.
I
could
have
wished
therefore
,
since
my
opinion
herein
is
desired
,
that
I
had
had
the
oportunity
to
have
advised
with
some
more
knowing
Men
,
and
of
greater
experience
and
judgment
then
my self
in
these
matters
;
or
at
least
,
that
you
had
sent
me
,
together
with
the
two
enclosed
Letters
,
a
transcript
of
your
Answer
(
whose
Iudgment
I
do
with
great
reason
very
much
value
)
unto
the
former
of
them
;
for
there
I
assure
my self
,
I
should
have
met
with
such
Materials
as
would
have
served
me
for
a
good
foundation
to
work
upon
;
yet
to
satisfie
your
desire
,
so
far
as
in
me
lieth
,
and
the
rather
for
the
Gentlemans
sake
your
friend
,
(
who
though
unknown
to
me
by
face
,
or
till
the
receipt
of
your
Letter
,
so
much
as
by
Name
;
yet
by
his
Letters
appeareth
to
be
a
Person
of
Piety
and
Ingenuity
,
and
a
great
Master
both
of
Reason
and
Language
)
I
have
endeavoured
(
with
reservation
of
Place
for
second
thoughts
,
and
submission
to
other
Judgements
)
to
declare
what
my
present
apprehensions
are
concerning
the
whole
business
;
wherein
the
resolution
of
such
doubts
,
as
in
point
of
conscience
may
arise
,
or
of
the
most
and
chiefest
of
them
,
will
(
as
I
conceive
)
very
much
depend
upon
the
consideration
and
right
application
of
these
Four
things
,
viz.
I.
The
different
sorts
of
Mens
imployments
in
general
.
II.
The
nature
of
the
Souldiers
imployment
in
particular
.
III.
The
end
that
Men
may
propose
to
themselves
in
following
the
Warr
;
or
what
it
is
that
chiefly
induceth
them
thereunto
.
IV.
The
condition
of
the
Person
so
imployed
,
or
to
be
imployed
.
I.
Considerations
of
Mens
imployments
in
general
.
1.
MEns
imployments
are
of
two
sorts
.
The
one
of
such
as
any
man
may
(
without
blame
from
others
,
or
scruple
within
himself
)
follow
,
meerly
upon
his
own
score
,
if
he
find
himself
in
some
measure
able
for
it
,
and
have
a
mind
thereunto
;
he
hath
a
power
in
himself
(
aud
that
jure
proprio
,
by
a
primitive
and
original
right
,
without
any
necessary
derivation
from
others
)
to
dispose
of
himself
,
his
time
and
industry
,
in
that
way
;
for
the
exercise
of
which
power
,
there
needeth
no
special
or
positive
warrant
from
any
other
person
,
but
it
is
presumed
he
is
(
as
in
relation
to
others
)
sufficiently
warranted
thereunto
in
this
,
in
that
he
is
not
by
any
Superiour
Authority
,
Divine
or
Humane
,
forbidden
so
to
do
;
and
upon
this
account
it
is
,
that
Men
betake
themselves
,
upon
their
own
choice
and
liking
,
to
Husbandry
,
Merchandize
,
Manual
Occupations
,
the
study
of
the
Law
,
&c.
2.
But
another
sort
of
Imployments
there
are
,
whereunto
a
man
hath
not
a
just
right
primitively
and
of
himself
,
neither
may
he
lawfully
exercise
the
same
meerly
upon
his
own
choice
,
but
it
is
necessary
,
that
that
power
should
be
derived
upon
him
from
some
such
person
or
persons
,
as
have
sufficient
Authority
to
warrant
him
for
so
doing
:
Such
is
the
Imployment
of
a
Iudge
,
a
Constable
,
an
Arbitrator
,
&c.
which
are
therefore
said
to
be
juris
delegati
,
because
the
right
that
any
man
hath
to
such
Imployments
accrueth
unto
him
by
virtue
of
that
Authority
which
he
receiveth
by
Delegation
or
Deputation
from
some
other
that
hath
a
right
by
Command
,
Election
,
Nomination
,
or
otherwise
to
Empower
him
thereunto
,
whence
are
those
usual
forms
,
Quo
jure
,
Quo
warranto
?
Who
made
thee
a
Iudge
?
By
what
authority
dost
thou
those
things
?
or
,
Who
gave
thee
this
authority
?
A
man
may
betake
himself
to
the
Study
,
and
so
to
the
Practice
of
the
Laws
,
of
his
own
accord
,
but
he
may
not
take
upon
him
to
be
a
Iudge
without
Commission
from
his
Sovereign
;
so
he
may
follow
Husbandry
,
and
Merchandry
,
upon
his
own
choice
,
but
he
may
not
do
the
Office
of
a
Constable
,
unless
he
be
chosen
by
the
Neighbours
;
or
of
an
Arbitrator
,
unless
chosen
by
the
Parties
thereunto
.
3.
Now
although
as
well
the
one
sort
as
the
other
,
after
a
Man
hath
addicted
himself
to
the
one
,
or
is
deputed
to
the
other
,
may
not
unfitly
be
termed
his
Particular
Calling
,
and
the
latter
perhaps
with
better
propriety
,
then
the
former
,
(
for
the
word
Calling
properly
importeth
the
Action
of
some
other
person
)
yet
according
to
the
common
Notion
,
which
by
custom
of
speech
among
us
,
we
have
of
these
terms
[
The
General
and
the
Particular
Calling
]
the
Imployments
of
the
former
sort
,
are
usually
taken
to
be
the
Particular
Calling
of
Men
;
and
those
of
the
latter
sort
,
will
be
found
(
if
well
considered
)
to
fall
rather
under
the
General
Calling
,
as
branches
or
parts
thereof
,
inasmuch
as
the
exercise
of
such
Imployments
,
is
a
part
of
that
moral
duty
,
which
all
Men
(
according
to
their
several
respective
Relations
)
ought
to
perform
to
others
,
being
by
them
empowered
thereunto
,
upon
the
tie
of
Obedience
,
Contract
,
Friendship
,
&c.
but
for
distinction
sake
,
as
the
Latins
make
a
difference
between
vitae
institutum
and
munus
,
we
may
call
those
of
the
former
sort
,
Mans
profession
,
and
those
of
the
latter
sort
his
Office
;
so
a
Man
is
by
Profession
a
Lawyer
;
by
Office
a
Iudge
;
by
Profession
a
Husbandman
;
by
Office
a
Constable
.
4.
To
bring
this
Discourse
home
to
the
present
business
,
we
are
next
to
enquire
,
to
whether
sort
of
the
two
,
the
Imployment
of
a
Souldier
doth
more
properly
appertain
;
that
is
,
whether
we
are
to
conceive
of
it
as
a
Profession
which
a
man
may
at
his
own
choice
fix
upon
,
as
his
particular
vocation
;
or
rather
as
an
Office
of
duty
and
service
,
which
he
is
to
undergo
,
when
by
the
command
of
his
Prince
,
he
shall
be
thereto
appointed
,
and
so
to
come
rather
under
the
notion
of
a
General
Calling
?
To
me
it
seemeth
clearly
to
be
of
the
latter
sort
.
For
(
1.
)
in
the
passage
of
St.
Paul
,
2
Tim.
2.
4.
No
man
that
warreth
,
entangleth
himself
in
the
affaires
of
this
life
,
that
he
may
please
him
that
hath
chosen
him
to
be
a
Souldier
;
the
word
is
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
applyed
to
him
that
warreth
with
the
note
of
Universality
(
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
)
annexed
,
seemeth
to
imply
,
as
if
he
supposed
that
no
man
might
go
to
warr
,
unless
he
were
chosen
for
that
service
by
some
other
person
that
might
Command
it
.
Nor
do
I
see
(
2.
)
what
good
construction
can
be
otherwise
made
of
that
speech
of
our
Saviour
,
Mat.
26.
57.
All
they
that
take
the
Sword
,
shall
perish
with
the
Sword
;
or
what
should
be
the
crime
there
intended
to
be
signified
,
by
this
Phrase
of
taking
the
Sword
,
if
it
be
not
this
,
for
a
man
to
take
the
Sword
into
his
hand
by
his
own
authority
,
before
it
be
put
into
his
hand
by
that
Supreme
Power
,
whom
God
hath
immediately
trusted
with
the
bearing
and
managing
of
it
.
Now
(
3.
)
can
that
be
said
to
be
a
Mans
Profession
,
or
particular
calling
,
which
Men
of
all
Professions
are
(
in
obedience
to
their
Governours
,
and
for
the
service
of
their
Country
)
bound
to
perform
whensoever
they
shall
be
by
Lawful
Authority
,
called
and
appointed
thereunto
.
5.
If
these
premises
will
be
granted
,
it
will
soon
appear
,
that
the
answer
to
the
Question
proposed
,
in
the
beginning
of
the
former
Letter
(
as
it
standeth
there
in
Terminis
,
and
in
Thesi
,
abstractedly
from
the
consideration
of
the
person
in
the
said
Letter
charactered
,
and
those
other
circumstances
which
may
vary
the
Case
)
must
be
in
the
Negative
,
viz.
That
it
is
not
lawful
to
be
a
Souldier
,
upon
the
same
account
that
men
apply
themselves
to
Trades
,
to
the
practice
of
the
Laws
,
and
to
other
(
like
)
civil
Imployments
.
II.
Consideration
of
the
Souldiers
Imployment
in
particular
.
1.
THe
care
that
ought
to
be
in
every
Man
that
taketh
upon
him
the
exercise
of
any
Office
,
to
be
well
assured
that
he
hath
a
sufficient
right
and
warrant
for
so
doing
,
is
no
less
requisite
in
a
Souldier
,
then
in
any
other
Officer
;
yea
rather
by
so
much
more
requisite
in
him
,
then
in
most
of
them
,
by
how
much
the
matter
he
is
conversant
about
,
(
viz
,
the
Life
of
Man
)
is
of
greater
consequence
,
then
are
the
matters
in
which
most
of
them
are
employed
;
for
the
Souldier
every
time
he
draweth
his
Sword
in
the
field
,
is
by
the
very
nature
of
his
Imployment
supposed
to
do
it
either
with
a
resolution
to
lose
his
own
,
or
to
take
away
his
enemies
Life
;
else
he
doth
but
prevaricate
,
and
is
unfaithful
in
the
service
he
has
undertaken
:
In
which
service
if
it
be
his
fortune
either
to
kill
or
to
be
killed
,
he
is
actually
and
deeply
guilty
;
but
if
neither
,
yet
that
very
resolution
maketh
him
intentionally
guilty
of
the
Transgression
of
the
sixth
Commandement
,
Thou
shalt
not
kill
▪
in
case
he
have
no
good
right
,
so
far
to
dispose
either
of
his
own
,
or
the
others
life
.
It
concerneth
him
therefore
to
look
well
to
that
;
both
what
power
belongeth
to
him
,
as
a
Souldier
,
and
by
what
Authority
he
claimeth
the
exercise
of
such
a
power
.
2.
Most
certain
it
is
,
that
properly
and
originally
the
power
to
dispose
of
Mans
Life
(
Ius
vitae
&
necis
)
belongeth
to
God
alone
,
who
is
Dominus
vitae
&
necis
,
as
the
sole
author
of
Life
,
so
the
sole
Lord
and
Master
of
Life
and
Death
;
some
part
of
which
power
,
since
it
hath
pleased
him
for
the
good
of
humane
Society
,
(
in
the
preservation
of
Peace
and
Iustice
,
and
the
punishment
of
such
as
are
enemies
to
either
)
to
communicate
unto
men
(
which
power
so
communicated
,
is
that
which
we
use
to
call
Ius
Gladii
,
or
the
power
of
the
Sword
)
it
may
therefore
be
lawfully
exercised
by
men
;
but
within
that
latitude
,
and
in
order
,
as
God
hath
communicated
it
to
them
,
but
not
farther
nor
otherwise
.
3.
Now
God
hath
not
given
to
any
man
,
either
Sovereign
or
Subject
,
power
over
his
own
life
,
to
destroy
it
by
his
own
voluntary
act
in
any
Case
;
no
nor
yet
power
to
expose
it
to
the
certain
hazzard
of
being
destroyed
by
another
in
fight
,
saving
in
the
one
only
case
of
just
and
necessary
defence
:
under
which
notion
is
to
be
comprehended
also
the
hazzarding
of
the
Princes
life
,
in
a
just
and
necessary
Warr
;
out
of
which
Case
,
whosoever
shall
expose
his
life
to
hazzard
by
fight
of
his
own
accord
;
if
he
perish
in
it
,
cannot
be
excused
from
being
guilty
of
his
own
death
,
nor
from
usurping
a
power
over
his
own
life
,
which
God
hath
not
allowed
.
4.
Add
hereunto
the
injustice
,
that
he
thereby
doth
to
his
Sovereign
and
Countrey
.
God
hath
given
to
his
Vicegerents
here
on
Earth
,
a
right
in
,
and
a
power
over
the
persons
of
all
their
Subjects
,
within
their
several
respective
Dominions
,
even
to
the
spending
of
their
lives
in
their
Countries
service
,
whensoever
they
shall
be
by
their
Authority
required
thereunto
,
which
they
cannot
therefore
prodigally
spend
at
their
own
pleasure
,
without
apparent
wrong
done
their
Governours
interest
;
for
as
he
that
shall
kill
a
private
person
,
is
not
only
an
offender
against
God
,
and
against
that
person
,
in
depriving
him
of
life
;
but
is
also
by
the
Interpretation
of
the
Laws
,
(
according
to
the
importance
of
the
ancient
form
of
Enditing
)
an
offender
against
the
Crown
and
Dignity
of
his
Sovereign
,
in
depriving
him
of
a
Subject
,
and
consequently
of
the
interest
he
had
in
his
person
,
and
of
the
use
he
might
have
had
of
his
service
:
so
he
that
is
so
prodigal
of
his
own
life
as
to
hazzard
it
upon
the
Sword
in
fight
,
without
his
Sovereigns
Authority
,
if
he
perish
,
is
not
only
guilty
of
his
being
accessary
to
his
own
destruction
;
but
doth
also
an
act
injurious
and
prejudicial
to
his
Sovereign
,
at
whose
service
and
disposal
(
under
God
)
his
life
and
person
ought
to
be
.
5
And
as
his
presumption
cannot
be
excused
,
if
he
be
slain
upon
that
account
;
so
neither
can
he
justifie
the
killing
of
another
(
though
an
enemy
)
in
Battle
,
if
he
have
no
other
warrant
for
taking
of
Armes
,
then
from
himself
;
for
Warr
is
a
kind
of
judicature
,
wherein
the
Prince
that
wageth
the
Warr
,
is
as
the
Iudge
that
giveth
sentence
of
death
against
the
Enemy
,
as
a
disturber
of
the
Peace
of
his
Country
,
and
all
that
engage
in
the
Warr
under
him
,
are
but
as
so
many
executioners
of
the
sentence
pronounced
by
him
;
and
he
that
executeth
the
sentence
of
death
upon
another
,
must
do
it
by
some
lawfull
Authority
,
as
well
as
he
that
pronounceth
the
sentence
;
or
else
he
is
a
Murtherer
,
as
well
as
This.
Now
the
Souldier
that
by
fighting
on
the
one
side
,
doth
ipso
facto
declare
against
those
of
the
other
side
as
Enemies
;
if
he
so
engage
of
his
own
mind
only
,
he
doth
indeed
,
upon
the
point
,
take
upon
him
the
Office
of
a
Iudge
,
being
none
,
and
so
runneth
before
he
be
sent
:
or
if
it
shall
be
said
in
his
behalf
,
That
he
doth
it
not
as
a
Iudge
,
but
as
the
Executioner
of
the
sentence
pronounced
by
that
Prince
into
whose
service
he
hath
put
himself
,
and
who
by
the
accepting
of
his
service
hath
sufficiently
authorized
him
to
do
such
execution
:
Your
Letter
hath
suggested
to
me
this
ready
Answer
,
That
the
sentence
pronounced
by
one
that
is
not
his
Lawful
Sovereign
,
and
by
consequence
,
whose
judgment
he
is
not
warranted
to
follow
,
is
of
no
more
validity
(
as
in
relation
to
him
)
then
Sententia
lata
a
non
judice
,
and
therefore
can
be
no
warrant
to
him
to
execute
it
.
True
it
is
,
that
with
licence
from
his
Sovereign
,
he
may
serve
under
another
Prince
,
and
consequently
do
such
execution
,
as
we
now
speak
of
;
because
the
Sovereign
by
so
licensing
him
,
doth
really
referr
him
over
from
himself
to
anothers
judgment
,
and
consequently
warrant
him
to
follow
the
same
,
and
so
render
him
capable
(
upon
the
others
acceptance
)
to
execute
it
.
All
this
is
true
,
but
nothing
to
our
purpose
,
because
it
doth
destruere
suppositum
;
for
we
now
suppose
the
Case
of
a
Souldier
putting
himself
into
service
,
under
a
Foreigner
of
his
own
mind
,
and
where
himself
thinketh
good
,
without
the
knowledge
or
licence
of
his
own
lawful
Sovereign
.
III.
Consideration
of
the
end
to
be
proposed
by
the
Souldier
.
1.
SIth
the
goodness
or
badness
of
Mens
actions
and
undertakings
dependeth
very
much
upon
the
end
which
they
propose
to
themselves
therein
;
he
that
would
desire
to
lead
a
Souldiers
life
,
must
narrowly
examine
his
own
heart
,
what
it
is
bona
fide
,
and
in
very
deed
,
that
first
and
chiefly
induced
him
to
that
desire
,
and
what
affinity
there
is
between
that
end
,
which
he
proposeth
to
himself
,
as
the
main
scope
of
his
Intentions
,
and
that
which
is
or
ought
to
be
the
true
end
of
the
thing
it self
;
the
true
end
of
the
Warr
,
which
only
can
warrant
it
lawful
,
we
all
know
is
the
necessary
preservation
of
a
Common-wealth
in
Peace
,
by
repressing
(
or
preventing
)
all
Seditions
,
or
Hostile
attempts
to
the
contrary
;
but
as
in
other
things
it
often
happeneth
,
according
to
that
saying
[
Finis
non
idem
est
artis
&
artificis
]
so
here
many
times
the
warriour
hath
another
end
to
himself
far
distant
from
that
of
Warr
,
and
the
more
distant
ever
the
worse
;
as
on
the
contrary
,
the
action
is
ever
by
so
much
the
better
,
by
how
much
the
intention
of
the
person
hath
a
near
affinity
with
,
or
a
directer
tendency
unto
that
for
which
the
thing
it self
was
ordained
.
2.
Now
the
ends
,
which
men
desirous
to
follow
the
Warrs
do
usually
propose
to
themselves
in
so
doing
,
are
especially
one
of
these
Three
,
Lucre
,
Honour
,
or
to
do
their
Countrey
service
;
concerning
which
we
are
to
enquire
severally
,
whether
or
no
,
and
how
far
forth
,
any
of
these
may
be
a
sufficient
inducement
to
a
Christian
,
or
but
morall
man
,
to
follow
the
Warrs
,
as
his
particular
Calling
,
or
Profession
.
3.
For
Lucre
first
:
He
that
hath
a
warrant
otherwise
to
imploy
himself
as
a
Souldier
,
may
doubtless
lawfully
both
receive
pay
and
require
it
;
Iohn
the
Baptist
allowed
the
Souldiers
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Luke
3.
14.
And
St.
Paul
thought
it
not
reasonable
,
that
any
man
should
go
to
warfare
at
his
own
charges
,
1
Cor.
9.
7.
Nor
so
only
,
but
he
may
also
,
in
putting
himself
upon
that
imployment
(
being
called
thereunto
)
have
an
eye
to
his
profit
,
and
an
actual
intention
.
(
if
moderate
and
otherwise
rightly
qualified
)
of
getting
himself
a
livelyhood
,
yea
and
of
raising
himself
a
fortune
(
as
we
call
it
)
by
his
service
therein
;
even
as
men
in
the
choice
of
other
Professions
,
or
undertaking
Offices
,
usually
do
and
so
may
do
without
sin
;
but
to
propose
to
himself
Lucre
,
as
the
main
end
and
scope
of
following
the
Warrs
(
as
it
is
evident
by
their
actions
,
that
very
many
of
our
Common
Souldiers
do
)
is
one
of
the
most
hateful
and
unrighteous
things
in
the
World
:
so
far
is
it
from
being
a
sufficient
inducement
to
any
man
to
make
that
his
Profession
.
How
can
it
be
imagined
to
be
consistent
with
that
Charity
,
Iustice
,
and
Moderation
,
that
should
be
in
every
Christian
to
set
up
a
Trade
of
killing
of
Men
for
Money
?
The
meer
Mercenary
Souldier
therefore
,
or
a
Souldier
of
fortune
(
as
we
call
him
)
I
finde
every
where
inveigh'd
against
;
as
one
of
the
greatest
Scourages
or
Plagues
of
Mankind
;
for
such
men
never
look
at
the
Cause
they
engage
for
,
whether
it
be
right
or
wrong
,
but
at
the
pay
and
prey
;
and
therefore
they
take
their
best
Markets
,
and
care
not
whom
they
undo
,
kill
and
oppress
,
by
Violence
,
Rapine
,
Murther
,
and
Plunder
,
so
they
may
but
enrich
themselves
thereby
,
and
can
do
it
with
safety
:
Nor
will
they
stick
,
if
there
be
an
advantage
to
be
made
of
it
;
and
that
they
can
spy
a
fit
opportunity
for
it
,
either
to
betray
their
own
party
,
or
to
revolt
to
the
other
side
,
or
to
do
any
other
act
,
though
never
so
base
and
dishonest
,
Nulla
fides
pietasque
viris
qui
castra
sequuntur
.
4.
Next
the
intuition
of
Honour
and
Glory
to
be
acquired
by
worthy
Actions
in
the
Warrs
,
may
be
not
only
lawful
,
but
commendable
also
and
useful
in
a
Souldier
;
and
truly
this
of
Glory
is
a
more
noble
end
,
of
a
higher
pitch
,
and
more
befitttng
a
Generous
spirit
by
much
,
then
that
of
Lucre
is
;
both
because
Men
of
eminent
Birth
,
and
Place
,
and
Parts
,
are
aptest
to
be
affected
with
it
;
whereas
Gain
worketh
most
upon
the
lower
sort
of
Men
,
and
also
because
it
putteth
Men
upon
more
worthy
Enterprizes
,
and
such
as
may
win
Honour
and
Reputation
;
and
restraineth
them
from
those
baser
acts
of
Injustice
,
Cruelty
,
and
Rapine
,
to
which
the
desire
of
Gain
usually
prompteth
the
mercenary
Man
;
but
yet
as
to
the
warranting
of
the
Souldier
for
making
that
his
Profession
,
(
which
is
the
Point
now
in
hand
)
this
of
Glory
is
of
no
importance
,
then
was
that
of
Gain
;
for
the
right
end
of
Warr
being
a
safe
and
honourable
Peace
,
there
is
something
common
to
both
(
consequential
to
the
desire
of
Glory
;
as
well
as
of
Gain
)
so
inconsistent
with
that
end
,
that
it
setteth
them
at
an
equal
,
or
not
much
unequal
distance
therefrom
:
For
as
he
that
aimeth
to
gain
by
the
Warrs
,
cannot
but
desire
the
continuance
of
Warr
,
that
so
his
hopes
of
gain
may
continue
;
so
he
that
aimeth
to
get
himself
Glory
by
the
Warrs
,
cannot
but
desire
the
continuance
of
Warr
,
that
so
the
opportunities
of
encreasing
his
Glory
may
continue
;
for
there
is
a
Dropsie
of
vain-glory
in
the
Ambitious
,
as
well
as
of
Avarice
in
the
Covetous
,
as
thirsty
and
unsatiable
in
the
one
,
as
in
the
other
;
whence
it
cometh
to
pass
,
that
both
the
one
and
the
other
use
their
utmost
wits
and
endeavours
to
find
occasions
to
lengthen
the
Warrs
,
and
to
obstruct
and
retard
(
so
much
as
lieth
in
them
)
the
advices
of
Peace
:
Nay
,
let
me
add
moreover
,
that
in
this
respect
at
least
(
viz.
as
to
the
effectual
hindring
of
Peace
)
that
of
Honour
and
Glory
,
is
much
the
more
dangerous
end
of
the
two
;
because
this
humour
is
aptest
to
seize
upon
the
greatest
persons
,
and
such
as
by
priviledge
of
their
birth
,
eminency
of
their
places
,
activeness
of
their
spirits
,
glory
of
their
former
actions
,
or
other
like
advantages
,
bear
a
great
sway
in
Counsels
,
and
are
of
some
authority
in
the
Armies
:
whereas
the
Peasantry
,
in
whom
most
of
the
other
humour
(
that
of
base
Lucre
)
aboundeth
,
have
neither
the
wit
nor
the
power
ordinarily
to
do
much
harm
.
It
hath
therefore
been
a
constant
observation
in
all
times
and
places
,
that
the
embroyling
most
Common-wealths
in
Warrs
,
in
the
mean
time
,
and
working
their
ruin
in
the
end
,
hath
grown
from
the
restlessness
of
some
ambitious
spirits
,
and
their
immoderate
thirst
after
Honour
and
Glory
:
—
Patriam
tamen
obruit
olim
Gloria
paucorum
,
&
laudis
titulique
cupido
:
Juvenal
Sat.
10.
5.
So
that
if
there
be
any
possibility
of
finding
a
person
capable
to
take
upon
him
the
imployment
of
a
Souldier
,
as
his
proper
Profession
,
it
must
be
among
those
that
propose
to
themselves
the
same
end
therein
,
that
is
,
or
ought
to
be
the
end
of
Warr
;
that
is
to
say
,
those
that
after
an
impartial
search
of
their
own
hearts
,
can
truly
say
(
and
not
pretend
it
only
)
That
their
chiefest
aim
in
applying
themselves
to
the
Warrs
,
is
to
do
their
King
and
Country
service
,
in
procuring
or
preserving
the
Peace
thereof
:
which
no
man
can
truly
say
,
but
he
that
preferreth
the
publick
Good
,
and
the
Peace
of
his
Country
,
before
all
private
interests
.
The
tryal
whereof
is
,
if
he
take
up
Armes
with
this
Resolution
,
and
by
his
after
carriage
make
it
good
,
not
to
do
any
act
,
or
enterprise
any
thing
for
his
own
benefit
,
glory
,
or
safety
that
may
hinder
;
nor
to
refuse
any
service
or
hazzard
,
that
may
probably
promote
the
obtaining
of
that
end
,
which
Qualification
supposed
,
I
deny
not
but
that
a
Man
may
find
warrant
to
go
on
in
the
way
of
a
Souldier
as
his
proper
Profession
,
and
that
in
two
Cases
.
6.
First
,
that
which
(
in
the
nature
of
the
(
Imployment
it self
)
is
rather
an
Office
then
a
Profession
(
such
as
we
have
already
shewen
the
Soulders
imployment
to
be
)
may
yet
become
to
the
person
so
imployed
,
as
his
proper
Profession
,
if
he
shall
be
appointed
thereunto
by
lawful
Authority
;
especially
if
it
be
done
with
a
declared
intention
whether
expresly
or
interpretatively
declared
)
of
continuing
him
for
life
,
or
for
any
long
space
in
the
same
;
and
that
the
said
imployment
during
such
his
continuance
therein
,
shall
require
his
personal
attendance
,
either
constantly
or
for
the
most
part
:
As
for
example
,
a
Lawyer
by
Profession
and
Practice
,
is
by
his
Sovereign
called
to
be
a
Iudge
of
either
Bench
,
or
a
Baron
of
the
Exchequer
,
the
Office
of
a
Iudge
is
now
become
his
Profession
,
or
particular
Vocation
,
because
it
is
supposed
that
he
is
to
continue
in
that
Office
;
and
the
execution
of
that
Office
will
require
his
attendance
thereupon
,
in
the
yearly
Terms
and
Circuits
:
but
if
the
King
shall
appoint
a
Serjeant
or
Counsellor
at
the
Law
,
by
his
particular
Commission
to
ride
this
Summers
Circuit
,
into
such
and
such
Countries
,
and
there
to
execute
the
Office
of
a
Iudge
,
the
Party
so
constituted
and
appointed
hath
by
virtue
of
that
Commission
,
full
power
to
do
the
Office
of
Iudge
in
that
Circuit
,
and
is
to
be
received
and
honoured
with
the
title
of
Lord
,
and
all
other
testimonies
of
honour
and
respect
,
in
as
much
ample
manner
as
other
Iudges
in
their
Circuits
are
;
yet
doth
he
not
thereby
come
to
be
denominated
a
Iudge
,
as
if
that
were
his
proper
Profession
,
or
ordinary
Calling
,
as
in
the
former
Case
;
because
he
is
impowered
to
execute
the
Office
of
a
Iudge
,
but
during
the
time
of
that
Circuit
only
:
Nor
is
his
attendance
upon
that
Office
any
longer
required
,
or
so
much
as
allowed
him
.
In
like
manner
,
if
the
King
of
England
shall
make
choice
of
some
person
of
Quality
to
be
Governour
of
Dover
Castle
,
or
of
Barwick
,
that
Office
then
is
as
his
Profession
or
particular
Calling
;
because
it
is
to
be
supposed
,
he
is
to
continue
in
that
imployment
,
and
to
attend
the
same
,
untill
the
Kings
pleasure
be
further
known
therein
:
but
if
the
King
upon
some
suddain
Insurrection
and
Invasion
should
raise
an
Army
,
and
make
choice
of
some
person
of
like
Quality
to
have
the
Conduct
thereof
,
for
the
Suppressing
or
Repelling
such
Insurrection
or
Invasion
,
his
Imployment
in
that
service
being
but
temporary
and
to
determine
,
as
soon
as
the
business
were
ended
,
should
not
otherwise
then
in
curtesie
,
denominate
him
a
General
;
or
at
least
not
be
esteemed
as
his
permanent
profession
,
but
only
as
a
transient
Office
:
This
is
one
Case
.
7.
The
other
Case
(
which
is
more
pertinent
to
the
business
of
these
Letters
)
is
of
such
as
desire
to
imploy
themselves
in
the
exercise
of
Armes
in
Foreign
Service
,
that
they
may
attain
to
such
knowledge
or
experience
in
the
Art
Military
,
as
might
the
better
enable
them
to
do
their
King
and
Country
Service
,
whensoever
there
should
be
need
thereof
;
for
since
the
Manegery
of
Warr
,
is
long
since
grown
into
an
Art
,
and
that
not
to
be
learned
from
Books
,
or
from
private
study
;
but
to
be
acquired
by
much
practice
,
and
experience
,
and
diligent
observation
:
and
the
rather
,
for
that
the
particular
Rules
of
that
Art
,
do
not
stand
at
such
a
certain
stay
,
as
those
of
most
other
Arts
do
,
but
are
dayly
altered
and
improved
by
new
inventions
:
It
is
very
necessary
for
every
State
to
be
well
provided
of
a
good
number
of
such
persons
of
their
own
Nation
,
as
should
be
expert
and
skilful
in
that
Art
;
least
they
should
be
forced
,
if
an
unexpected
Warr
should
happen
,
to
call
in
Foreigners
for
assistance
,
which
is
both
dishonourable
and
dangerous
:
the
necessity
hereof
too
well
appeareth
by
the
evill
consequents
of
the
neglect
of
it
in
this
Nation
in
these
latter
times
,
especially
in
the
Reigns
of
the
two
last
Kings
,
by
reason
of
the
long
Peace
;
and
(
which
commonly
breedeth
out
of
it
,
as
the
rust
and
canker
thereof
)
tenderness
of
Education
,
and
voluptuous
living
.
The
Nobility
and
Gentry
of
England
in
the
generality
of
them
,
had
so
much
degenerated
from
the
Martial
Prowess
of
their
Ancestors
renowned
in
all
Histories
,
that
in
the
beginning
of
these
unnatural
Warrs
,
there
were
very
few
to
be
found
of
our
own
Nobility
and
Gentry
,
fit
to
have
command
in
an
Army
,
or
that
knew
any
thing
belonging
to
the
Art
of
Warr
;
insomuch
as
use
was
made
on
both
sides
of
Mercenary
Men
,
and
most
of
them
Scots
,
who
being
for
the
most
part
bred
up
abroad
(
in
France
especially
,
a
place
of
much
action
)
had
learned
experience
more
then
our
English
had
in
such
matters
,
by
which
advantage
they
had
so
wound
themselves
into
the
chief
places
of
Command
,
and
had
such
an
influence
into
the
Councils
of
both
sides
,
that
the
Warr
was
in
a
manner
wholy
ordered
by
their
directions
,
witness
the
great
power
that
Ruthen
,
Urrey
,
King
,
Meldram
,
&c.
had
in
the
Armies
on
either
side
.
8.
The
weightiness
then
of
Princes
Affairs
,
upon
all
emergent
occasions
rendring
it
necessary
for
them
,
not
only
to
have
power
to
command
their
Subjects
of
whatsoever
Rank
or
Profession
to
serve
as
Souldiers
in
their
Warrs
;
but
also
to
provide
aforehand
for
a
supply
of
able
men
,
both
for
places
of
Command
,
and
to
execute
other
parts
of
that
service
,
which
cannot
be
done
,
unless
a
considerable
number
of
persons
be
trained
up
in
the
exercise
of
Armes
,
and
bred
Souldiers
:
It
is
consequently
necessary
,
that
some
persons
be
,
either
by
their
Authority
appointed
,
or
at
least
by
their
permission
allowed
,
to
addict
themselves
to
a
Military
course
of
life
,
as
their
proper
Profession
and
Calling
,
which
Authority
or
Permission
from
their
Sovereign
,
will
sufficiently
warrant
to
their
conscience
the
choice
of
that
Profession
;
supposing
(
as
now
we
do
)
that
the
intention
be
right
,
the
person
meetly
qualified
,
and
all
other
Cautions
in
respect
of
the
matter
,
manner
,
circumstances
and
otherwise
duly
observed
.
9.
The
necessity
of
learning
this
Art
granted
,
there
may
sometimes
follow
a
further
necessity
,
viz.
of
learning
it
abroad
,
and
after
it
is
learned
,
of
exercising
it
abroad
,
and
in
Foreign
service
,
and
that
in
these
two
Cases
:
First
,
when
the
Soldiers
own
Country
,
whereunto
his
service
is
principally
,
and
in
the
first
place
due
,
hath
either
the
happiness
to
be
in
a
setled
Peace
and
Freedome
,
under
the
Government
of
a
lawful
Sovereign
;
or
the
unhappiness
to
be
in
such
servitude
,
through
the
prevalency
of
an
Usurping
Power
,
that
no
Resistance
can
be
made
there
against
;
for
in
the
former
Case
,
there
is
no
exercise
at
all
of
the
Souldiers
faculty
in
earnest
;
and
of
what
little
avail
to
the
attaining
of
any
solid
knowledge
,
or
experience
in
the
Art
Military
,
such
superficial
trainings
,
as
were
used
(
and
those
but
very
seldom
neither
)
by
the
Lieutenants
of
the
several
Counties
here
in
England
,
with
the
Country-Captains
and
Muster-Masters
are
(
besides
that
our
own
reason
will
tell
us
)
the
Rawness
and
Unserviceableness
of
our
Trained-bands
in
the
beginning
of
the
late
Warrs
did
abundantly
manifest
:
and
in
the
latter
Case
,
the
Souldier
if
he
will
have
Imployment
at
home
,
must
either
engage
on
the
behalf
of
an
unjust
Power
,
or
else
run
upon
his
own
certain
destruction
to
no
purpose
.
IV.
Consideration
of
the
condition
of
the
Person
.
1.
THis
must
be
considered
too
;
for
the
different
conditions
of
persons
,
may
make
a
great
difference
in
the
lawfulness
or
unlawfulness
of
their
actions
,
according
to
the
old
saying
,
which
holdeth
true
in
this
sence
also
,
no
less
then
in
that
other
in
which
it
is
commonly
used
(
relating
to
Mens
corrupt
partialities
)
Duo
cum
faciunt
idem
,
non
est
idem
.
In
your
Friends
second
Letter
,
I
find
a
demand
made
(
as
in
the
way
of
Reply
to
some
passage
of
your
Answer
to
his
first
Letter
)
to
this
purpose
;
Suppose
two
great
Princes
(
as
France
and
Spain
for
instance
)
have
had
long
Warrs
together
,
and
the
justice
of
the
Cause
appear
neither
more
nor
less
,
on
the
one
side
,
then
the
other
,
if
in
case
a
third
Prince
or
State
,
out
of
a
sincere
desire
to
Establish
the
Peace
of
Christendome
,
after
other
offers
and
mediations
for
that
purpose
made
in
vain
,
might
lawfully
joyn
in
Armes
with
the
one
party
to
force
the
other
to
Peace
,
why
a
private
person
might
not
as
lawfully
(
having
the
same
intention
)
enter
into
Armes
for
the
same
purpose
;
and
the
reason
of
demand
thereof
is
,
because
every
Prince
or
State
is
(
in
relation
to
other
Princes
and
States
)
but
as
one
private
man
to
another
;
for
being
called
to
the
Regiment
of
his
own
people
only
,
he
is
but
as
a
private
man
in
Aliena
Republica
.
2.
But
that
there
is
a
great
difference
between
a
Sovereign
Prince
and
a
private
person
in
this
affair
,
it
cannot
be
denied
;
insomuch
that
I
find
in
the
very
same
passage
(
put
in
as
it
were
by
way
of
Objection
)
three
very
considerable
differences
.
First
,
That
Princes
may
,
and
sometimes
are
obliged
by
Articles
and
Covenants
for
the
defence
of
their
Allies
to
take
up
Armes
,
which
cannot
be
the
case
of
private
Men.
Secondly
,
That
Princes
may
see
cause
to
set
in
for
their
own
safety
and
interest
,
least
the
prevailing
party
might
grow
too
Potent
,
and
so
themselves
might
be
oppressed
by
him
.
Thirdly
,
there
is
a
greater
probability
in
a
Prince
of
compassing
that
Noble
and
Glorious
end
,
The
Peace
of
Christendome
,
then
can
be
in
a
private
Man.
All
these
differences
are
allowed
there
as
true
;
but
yet
excepted
against
,
as
not
contributing
any
thing
to
the
justice
of
the
cause
which
is
here
the
Question
.
3.
If
these
do
not
,
yet
a
Fourth
difference
there
is
,
that
will
(
as
I
conceive
)
manifestly
contribute
thereunto
,
to
wit
,
that
Ius
Belli
,
is
Penes
Principem
solam
:
in
the
business
of
Warr
,
Princes
have
a
judicial
,
private
Men
an
executive
power
only
;
and
he
that
hath
no
power
but
to
execute
the
sentence
of
a
Iudge
,
is
bound
to
waite
the
Iudges
sentence
before
he
offer
to
act
;
otherwise
he
shall
act
beyond
his
lawful
power
,
which
is
unjust
:
Not
but
that
a
Prince
if
he
raise
a
Warr
where
he
ought
not
,
is
unjust
too
;
even
as
a
Iudge
is
unjust
,
which
pronounceth
a
wrong
sentence
:
but
herein
is
the
difference
between
them
for
taking
up
of
Armes
.
The
Prince
having
jus
agendi
in
that
behalf
,
may
do
it
justly
,
and
he
may
do
it
unjustly
;
yet
where
he
doth
it
unjustly
,
doth
but
abuti
jure
suo
:
but
the
private
person
,
not
having
jus
agendi
,
in
that
respect
cannot
(
without
the
Authority
of
the
Sovereign
)
do
it
otherwise
then
unjustly
;
because
in
so
doing
,
he
doth
without
leave
uti
jure
alieno
,
which
is
alwayes
unjust
.
It
is
one
thing
for
a
Man
to
use
(
whether
well
or
ill
)
a
power
that
of
right
belongeth
to
him
,
and
another
to
assume
a
power
that
of
right
belongeth
not
to
him
;
the
one
is
not
unjust
,
unless
he
abuse
his
Power
;
the
other
is
if
he
use
it
at
all
.
4.
Neither
perhaps
will
the
Reason
alledged
to
the
contrary
(
viz.
that
a
Prince
in
point
of
justice
and
power
is
in
Aliena
republica
but
as
a
private
person
)
bear
so
much
weight
as
is
laid
upon
it
,
if
one
Point
be
well
considered
,
which
I
think
will
prove
a
truth
,
though
it
be
very
tenderly
handled
;
otherwise
it
may
prove
very
dangerous
,
both
because
it
may
seem
a
Paradox
to
those
that
have
been
little
conversant
in
publique
Affairs
;
as
also
,
and
especially
,
because
it
may
,
by
racking
it
too
high
,
be
easily
wrested
to
a
mischievous
construction
,
for
the
Patronage
of
any
Tyrannical
action
;
the
point
is
this
,
that
Iustitia
politica
;
and
Iustitia
privata
,
have
not
in
all
the
same
adequate
measure
.
Princes
are
bound
to
be
just
,
as
well
as
the
meanest
private
men
are
,
and
obliged
to
keep
faith
both
with
Friends
and
Enemies
,
every
whit
as
exactly
and
punctually
,
without
equivocation
,
reservation
,
or
other
eluding
devices
,
as
they
;
of
all
this
no
man
doubteth
:
but
it
is
not
therefore
necessary
,
that
the
Rules
of
Iustice
,
whereby
the
Councils
and
Actions
of
Princes
and
States
,
in
their
mutual
Relations
are
to
be
measured
,
should
be
precisely
the
same
with
those
which
measure
the
dealings
of
Private
men
one
with
another
.
5.
And
the
reason
of
the
difference
is
evident
;
private
Mens
Controversies
may
be
decided
,
and
their
Injuries
repressed
or
punished
,
by
the
positive
Laws
of
the
State
whereof
they
are
Members
;
and
consequently
subject
to
be
ordered
in
all
their
dealings
by
those
Laws
;
which
positive
Laws
(
together
with
the
Law
of
Nature
,
and
the
Divine
Law
,
which
are
common
to
all
Men
)
are
the
adequate
Rule
,
whereby
the
Iustice
of
private
persons
,
and
of
their
actions
is
to
be
measured
;
but
since
Princes
and
States
are
not
subject
to
any
such
positive
Laws
common
to
them
both
,
as
may
determine
their
Differences
and
Controversies
;
The
great
necessity
of
Humane
Affairs
,
hath
(
for
the
good
of
Mankind
in
the
preservation
of
Peace
)
introduced
by
the
common
consent
of
Nations
,
another
Law
of
larger
extent
,
that
which
we
peculiarly
call
Ius
Gentium
,
or
the
Law
of
Nations
(
whereof
that
which
we
also
call
the
Law
of
Armes
▪
is
one
special
part
)
by
which
the
Law
of
Nations
(
together
with
the
Law
of
Nature
,
and
the
Divine
Law
as
aforesaid
)
the
Iustice
of
Princes
and
States
,
and
of
their
Actions
,
is
as
by
the
proper
and
adequate
Rule
thereof
to
be
measured
.
Whence
it
cometh
to
pass
,
that
sundry
things
are
by
the
Rules
of
Politique
Iustice
allowed
as
lawful
and
just
between
Princes
,
which
between
private
men
,
would
by
the
rules
of
meer
moral
Iustice
,
be
condemned
(
and
that
deservedly
too
)
as
unjust
and
unlawful
:
There
are
sundry
Arcana
Imperii
,
some
arts
and
simulations
for
maintaining
Intelligence
abroad
,
for
concealing
and
disguising
Councils
at
home
,
in
the
Instructions
of
Embassadors
and
menaging
of
Embassies
,
in
making
Alliances
and
Confederacies
,
but
especially
in
the
persuance
and
effects
of
Warr
,
which
seem
much
to
swerve
from
the
ordinary
Precepts
of
morall
Iustice
;
which
yet
(
fide
integrâ
&
citra
dolum
malum
)
are
by
the
consent
of
Nations
allowed
to
be
used
,
and
so
must
be
,
or
else
there
could
be
no
secure
living
in
the
World
in
any
Society
;
that
saying
of
his
Atque
ipsa
utilitas
justi
prope
mater
&
aequi
,
had
somewhat
of
truth
and
reason
in
it
.
6.
The
truth
and
reasonableness
of
what
hath
been
said
will
appear
(
omitting
many
other
)
in
these
few
Instances
.
First
,
When
a
Town
is
taken
by
the
Enemy
,
by
the
Law
of
Nations
,
the
spoil
thereof
falleth
to
the
Conquerour
,
which
if
he
give
to
the
Souldiery
to
plunder
(
as
usually
is
done
)
every
Souldier
thereby
acquireth
a
just
Right
and
Dominion
in
that
which
he
can
lay
his
hand
on
first
,
and
take
into
his
Possession
.
Secondly
,
It
may
sometimes
concern
a
Prince
or
State
in
point
of
Honour
or
Safety
to
vindicate
himself
by
Warr
,
for
some
wrong
offered
to
his
Merchants
,
or
for
some
Rudeness
or
Incivilities
done
to
his
Embassador
(
for
even
these
,
in
case
Reparation
be
demanded
,
and
denyed
,
have
been
ever
held
just
causes
of
Warr
;
as
Amphitruo
in
Plautus
rendereth
that
as
a
sufficient
reason
of
his
Warr
,
Nimis
ferociter
legatos
nostros
increpant
)
in
this
case
it
is
by
the
Law
of
Nations
allowed
him
,
not
only
to
fight
against
the
Prince
himself
,
who
yet
only
did
the
wrong
,
but
to
wast
his
Country
,
fire
his
Towns
and
Villaeges
,
and
spoile
thousands
of
his
innocent
Subjects
of
their
fortunes
and
lives
in
persuance
of
his
just
revenge
;
but
if
a
private
Gentleman
wronged
by
his
Neighbour
should
in
like
manner
,
in
revenge
of
that
wrong
,
beat
his
Servants
,
vex
his
Tenants
,
and
seek
his
or
their
undoing
,
the
act
were
palpably
most
unchristian
and
unjust
.
Thirdly
,
Since
potent
Princes
,
have
for
the
most
part
,
great
Ambitions
(
and
Ambition
is
a
boundless
lust
)
it
behoveth
a
Prince
for
his
own
safety
,
to
have
a
watchful
eye
over
the
Motions
and
Designs
of
a
potent
Neighbour
,
almost
as
much
as
of
a
declared
Enemy
;
and
therefore
wise
Princes
have
been
ever
carefull
by
all
just
means
to
ballance
their
neighbour
Princes
and
States
,
as
near
as
they
could
;
in
such
a
proportion
as
might
hinder
the
too
much
over-growth
of
any
one
above
the
rest
:
In
order
whereunto
it
hath
been
held
lawful
for
a
Prince
,
laying
aside
the
consideration
of
the
cause
,
to
joyn
in
Armes
with
the
weaker
,
for
his
assistance
against
his
Potent
Adversary
,
who
else
were
likely
in
a
short
time
to
swallow
him
up
,
whereby
he
should
become
formidable
and
dangerous
,
as
well
to
himself
,
as
to
the
other
his
neighbour
Princes
and
States
;
upon
which
account
alone
,
were
there
no
other
reason
besides
,
it
would
be
as
just
for
all
Christian
Princes
to
compose
their
own
quarrels
,
and
to
aid
the
Venetian
,
and
Hungarian
,
Persian
or
Tartar
against
the
Turk
,
as
it
is
expedient
and
honourable
for
them
so
to
do
:
but
what
is
thus
allowed
just
in
the
waging
of
Warr
between
Princes
;
if
in
a
wager
of
Law
a
private
person
,
should
attempt
the
like
,
viz.
to
assist
with
his
purse
and
pains
,
a
Poor
man
against
a
Rich
,
without
considering
the
equity
of
the
cause
;
the
act
were
(
as
in
the
former
Instance
)
palpably
unjust
and
unchristian
:
Instances
might
be
produced
many
more
to
the
same
effect
,
were
it
needful
:
but
these
I
think
sufficiently
evidence
the
truth
of
what
I
undertook
to
shew
in
this
particular
.
7.
There
are
also
sundry
other
circumstances
considerable
concerning
the
condition
of
the
person
,
which
may
render
the
same
undertaking
unlawful
to
one
,
which
yet
may
be
lawful
for
another
,
or
more
or
less
expedient
or
inexpedient
for
one
then
for
another
,
supposing
both
private
persons
and
Subjects
;
as
namely
,
whether
he
be
a
person
of
Honour
and
Estate
,
or
a
man
of
ordinary
rank
and
fortune
;
whether
a
single
man
or
Married
?
if
Married
;
whether
he
have
the
consent
of
his
Wife
or
no
?
and
whether
such
consent
were
a
free
and
rational
consent
in
the
Wife
,
arising
from
a
Judgment
convinced
of
the
fitness
of
the
undertaking
,
or
rather
wrung
from
her
by
the
importunity
of
the
Husband
,
and
her
facility
in
yielding
to
the
potency
of
his
desires
therein
?
whether
the
necessity
of
his
domestical
Affairs
,
and
Oeconomical
Relations
will
brook
his
absence
,
for
so
long
a
time
,
as
must
be
spent
in
that
Imployment
;
or
will
not
rather
require
his
presence
and
care
,
for
the
menagery
thereof
in
the
mean
time
?
and
an
hundred
other
like
doubts
and
difficulties
meet
to
be
taken
into
deliberation
,
and
unprejudicately
weighed
,
against
those
other
probabilities
and
inducements
,
which
at
first
kindled
and
after
fomented
his
desires
,
before
he
imbarque
himself
in
that
Imployment
:
and
yet
when
all
is
done
,
it
were
safer
for
him
(
in
my
opinion
)
to
forbear
then
to
proceed
in
his
intentions
,
unless
he
shall
be
assured
,
that
he
hath
the
free
allowance
of
his
Sovereign
,
thereunto
either
expressed
(
which
would
be
the
clearest
warrant
for
his
conscience
)
or
at
leastwise
upon
very
pregnant
grounds
of
probability
presumed
.
The
CASE
of
SCANDAL
.
1.
IN
judging
of
Cases
of
Scandal
,
we
are
not
so
much
to
look
at
the
event
what
that
is
,
or
may
be
;
as
at
the
cause
whence
it
cometh
;
for
sometimes
there
is
given
just
cause
of
Scandal
,
and
yet
no
Scandal
followeth
,
because
it
is
not
taken
:
sometimes
Scandal
is
taken
,
and
yet
no
just
cause
given
;
and
sometimes
there
is
both
cause
of
Scandal
given
,
and
Scandal
thereat
taken
:
but
no
man
is
concerned
in
any
Scandal
,
that
happeneth
to
another
,
by
occasion
of
any
thing
done
by
him
;
neither
is
chargeable
with
it
,
farther
then
he
is
guilty
of
having
given
it
:
If
then
we
give
Scandal
to
others
,
and
they
take
it
not
,
we
are
to
bear
a
share
in
the
blame
as
well
as
they
,
and
that
a
deeper
share
too
,
(
Vae
homini
,
Wo
to
the
Man
by
whom
the
Offence
cometh
,
Matth.
VIII
.
7.
)
but
if
they
take
Offence
,
when
we
give
none
,
it
is
a
thing
we
cannot
help
,
therefore
the
whole
blame
must
lie
upon
them
;
wherefore
if
at
any
time
any
doubt
shall
arise
in
the
Case
of
Scandal
,
how
far
forth
the
danger
thereof
may
or
may
not
oblige
us
to
the
doing
or
not
doing
any
thing
proposed
,
the
Resolution
will
come
on
much
the
easier
;
if
we
shall
but
rightly
understand
,
What
it
is
to
give
Scandal
,
or
how
many
wayes
a
Man
may
become
guilty
of
Scandalizing
another
by
his
example
.
The
wayes
(
as
I
conceive
)
are
but
these
four
.
2.
The
first
is
when
a
Man
doth
something
before
another
Man
,
which
is
in
it self
evill
,
unlawfull
,
and
sinfull
;
in
which
Case
neither
the
intention
of
him
that
doth
it
,
nor
the
event
,
as
to
him
that
seeth
it
done
,
is
of
any
consideration
;
for
it
mattereth
not
whether
the
doer
had
an
intention
to
draw
the
other
into
sin
thereby
or
not
:
neither
doth
it
matter
,
whether
the
other
were
thereby
induced
to
commit
sin
or
not
:
the
matter
or
substance
of
the
action
being
evill
and
done
before
others
,
is
sufficient
to
render
the
doer
guilty
of
having
given
Scandal
,
though
he
had
neither
any
intention
himself
so
to
do
;
nor
were
any
other
person
actually
Scandalized
thereby
;
because
whatsoever
is
in
it self
,
and
in
its
own
nature
evill
,
is
also
of
it self
and
in
its
own
nature
Scandalous
,
and
of
evill
example
.
Thus
did
Hophni
and
Phineas
the
Sons
of
Eli
,
give
Scandal
by
their
wretched
prophaness
and
greediness
about
the
Sacrifices
of
the
Lord
,
and
their
vile
and
shameless
abusing
the
Women
,
1
Sam.
II.
17
,
22.
And
so
did
David
also
give
great
Scandal
in
the
matter
of
Uriah
,
2
Sam.
xii
.
14.
Here
the
Rule
is
,
Do
nothing
that
is
evill
,
for
fear
of
giving
Scandal
.
3.
The
second
way
is
,
when
a
Man
doth
something
before
another
,
with
a
direct
intention
and
formal
purpose
of
drawing
him
thereby
to
commit
sin
;
in
which
Case
,
neither
the
matter
of
the
action
,
nor
the
event
is
of
any
consideration
;
for
it
maketh
no
difference
(
as
to
the
sin
of
giving
Scandal
)
whether
any
Man
be
effectually
enticed
thereby
to
commit
sin
,
or
not
;
neither
doth
it
make
any
difference
,
whether
the
thing
done
were
in
it self
unlawful
or
not
,
so
as
it
had
but
an
appearance
of
evill
;
and
from
thence
an
aptitude
to
draw
another
to
do
that
(
by
imitation
)
which
should
be
really
and
intrinsecally
evill
,
the
wicked
intention
alone
(
whatsoever
the
effect
should
be
,
or
means
soever
should
be
used
to
promote
it
)
sufficeth
to
induce
the
guilt
of
giving
Scandal
upon
the
doer
:
This
was
Ieroboam's
sin
,
in
setting
up
the
Calves
with
a
formal
purpose
and
intention
thereby
(
for
his
own
secular
and
ambitious
ends
)
to
corrupt
the
purity
of
Religion
,
and
to
draw
the
people
to
an
Idolatrous
worship
,
for
which
cause
he
is
so
often
stigmatized
with
it
;
as
with
a
note
of
Infamy
,
to
stick
by
him
whilest
the
world
lasteth
,
being
scarce
ever
mentioned
but
with
this
addition
,
Ierohoam
the
son
of
Nebat
that
made
Israel
to
sin
.
Here
the
Rule
is
,
Do
nothing
(
good
or
evil
)
with
an
intention
to
give
Scandal
.
4.
The
third
way
is
,
when
a
Man
doth
something
before
another
,
which
in
it self
is
not
evil
,
but
indifferent
,
and
so
according
to
the
Rule
of
Christian
Liberty
,
lawful
for
him
to
do
,
or
not
to
do
,
as
he
shall
see
cause
(
yea
,
and
perhaps
otherwise
commodious
and
convenient
for
him
to
do
)
yet
whereat
he
probably
foreseeth
the
other
will
take
Scandal
,
and
be
occasioned
thereby
to
do
evil
.
In
such
Case
if
the
thing
to
be
done
,
be
not
in
some
degree
(
at
least
prudentially
)
necessary
for
him
to
do
;
but
that
he
might
,
without
great
inconvenience
and
prejudice
to
himself
,
and
any
third
person
,
leave
it
undone
,
he
is
bound
in
Charity
and
Compassion
to
his
Brothers
Soul
,
(
for
whom
Christ
dyed
)
and
for
the
avoiding
of
Scandal
to
abridge
himself
in
the
exercise
of
his
Christian
Liberty
for
that
time
so
farr
,
as
either
to
suffer
some
inconvenience
himself
by
the
not
doing
of
it
,
then
by
doing
of
it
to
cause
his
Brother
to
offend
;
the
very
Case
which
is
so
often
,
and
so
largely
,
and
so
earnestly
insisted
upon
by
St.
Paul
,
Romans
xiv
.
13
,
—
21.
&
xv
.
1
,
—
3.
1
Cor.
viii
.
7
,
—
13.
&
ix
.
12
,
22.
&
x.
23
,
—
33.
Here
the
Rule
is
,
Do
nothing
that
may
be
reasonably
forborn
,
whereat
it
is
like
Scandal
will
be
taken
.
5.
The
Last
way
is
,
when
a
Man
doth
something
before
another
,
which
is
not
only
lawful
,
but
(
according
to
the
exegencies
of
present
circumstances
pro
hic
&
nunc
)
very
behoofeful
,
and
in
some
sort
(
prudentially
)
necessary
for
him
to
do
;
but
foreseeth
in
the
beholder
a
propension
to
make
an
ill
use
of
it
,
and
to
take
encouragement
thereby
to
commit
sin
;
if
there
be
not
withall
a
great
care
had
to
prevent
,
as
much
as
is
possible
,
the
Scandal
that
might
be
taken
thereat
:
for
Qui
non
prohibet
peccare
,
cum
potest
jubet
.
In
such
case
the
bare
neglect
of
his
Brother
,
and
not
using
his
utmost
endeavour
to
prevent
the
evil
that
might
ensue
,
maketh
him
guilty
;
upon
which
Consideration
standeth
the
equity
of
the
Iudicial
Law
given
to
the
Iews
,
Exod
xxi
.
33
,
34.
which
ordereth
that
in
case
a
Man
dig
a
Pit
or
Well
for
the
use
,
of
his
Family
,
and
(
looking
no
farther
then
his
own
Conveniency
)
put
no
cover
on
it
,
but
leave
it
open
,
whereby
it
happeneth
his
Neighbours
Beast
to
fall
therein
and
perish
,
the
owner
of
the
Pit
is
to
make
it
good
,
in
as
much
as
he
was
the
occasioner
of
that
loss
unto
his
Neighbour
,
which
he
might
and
ought
to
have
prevented
:
In
this
last
Case
the
thing
is
not
(
for
the
danger
of
the
Scandal
)
to
be
left
undone
,
supposing
it
(
as
we
now
do
)
otherwise
behoofeful
to
be
done
;
but
the
action
is
to
be
ordered
,
and
carried
on
by
us
,
for
the
manner
of
doing
,
and
in
all
Respects
and
Circumstances
thereunto
belonging
,
with
so
much
clearness
,
tenderness
,
and
moderation
,
and
wisdome
,
that
so
many
as
are
willing
to
take
notice
of
it
,
may
be
satisfied
that
there
was
on
our
part
a
reason
of
just
necessity
that
the
thing
should
be
done
;
and
that
such
persons
as
would
be
willing
to
make
use
of
our
example
,
without
the
like
necessity
,
may
do
it
upon
their
own
score
,
and
not
be
able
to
vouch
our
practice
for
their
excuse
;
even
as
the
Iew
that
stood
in
need
to
sink
a
pit
for
the
service
of
his
House
and
Grounds
,
was-not
(
for
fear
his
Neighbours
Beasts
should
fall
into
it
and
be
Drowned
)
bound
by
the
Law
,
to
forbear
the
making
of
it
,
but
only
to
provide
a
sufficient
Cover
for
it
,
when
he
had
made
it
.
Here
the
Rule
is
,
Order
the
doing
of
that
,
which
may
not
well
be
left
undone
,
in
such
sort
,
that
no
Scandal
may
,
through
your
default
,
be
taken
thereat
.
6.
I
do
not
readily
remember
any
doubt
that
can
occurr
about
the
reason
of
Scandal
,
which
may
not
be
brought
within
the
compass
of
these
four
Rules
;
and
then
the
right
applying
some
or
other
of
these
Rules
,
will
give
some
furtherance
towards
the
resolution
of
these
doubts
.
The
CASE
of
A
BOND
taken
in
the
KINGS
Name
:
Proposed
Iuly
1658.
R.
C.
Was
seized
in
fee
of
certain
Houses
of
small
value
,
with
the
Appurtenances
;
and
in
the
year
1635
,
whiles
Owner
of
the
said
Houses
,
he
entreated
A.
B.
to
be
his
Surety
for
One
hundred
Pounds
;
and
continued
the
same
at
Interest
till
1639.
At
which
time
he
requested
A.
B.
to
discharge
that
Bond
,
and
in
consideration
thereof
,
selleth
the
said
Houses
to
A.
B.
and
his
Heirs
for
ever
;
the
said
R.
C.
also
buyeth
of
a
Merchant
a
parcel
of
Goods
;
the
Merchant
being
a
Receiver
of
some
part
of
the
late
Kings
Revenue
,
and
under
pretence
of
a
priviledge
thereby
,
taketh
a
Bond
of
the
said
R.
C.
for
the
payment
of
Two
hundred
pounds
to
himself
,
but
in
the
Name
of
the
late
King
,
as
if
indebted
to
the
King
;
and
under
that
pretence
,
procureth
an
extent
upon
the
Houses
sold
to
A.
B.
and
maketh
seizure
thereof
:
Was
R.
C.
seized
of
the
same
,
when
he
entred
into
that
Bond
?
The
said
King
1640.
published
a
Proclamation
,
wherein
he
declared
,
That
the
taking
of
such
Bonds
,
was
contrary
to
His
Intention
,
and
an
abuse
of
his
Prerogative
,
and
prohibited
all
such
crafty
Courses
,
as
tending
to
the
Oppression
of
his
Subjects
;
and
it
is
to
be
noted
,
that
the
said
Proclamation
was
published
two
years
before
the
extent
was
executed
upon
the
Houses
,
which
nevertheless
have
been
held
under
that
extent
about
fourteen
years
,
which
is
beyond
the
value
of
the
Houses
.
The
said
R.
C.
died
poor
,
the
Merchant
is
dead
also
,
without
any
Child
,
leaving
an
Estate
behind
him
of
Twenty
thousand
Pounds
,
as
is
supposed
;
a
great
part
visible
in
Lands
,
as
appeareth
by
his
last
Will
upon
Record
.
Advice
of
Council
at
Law
being
taken
,
how
the
said
A.
B.
may
be
most
readily
relieved
;
he
is
directed
to
Petition
the
present
Supreme
Power
to
pardon
the
Debt
,
because
taken
only
in
the
Kings
Name
,
when
there
is
no
Debt
due
to
him
from
R.
C.
As
to
the
Case
proposed
.
1.
I
am
clearly
of
opinion
,
that
the
taking
of
Bonds
in
the
Kings
Name
,
to
the
meer
behoof
,
and
for
the
advantage
of
private
persons
,
when
there
was
such
Debt
really
due
to
the
King
,
was
a
fraudulent
and
unjust
act
from
the
beginning
;
for
though
it
were
not
actually
forbidden
,
and
so
might
perhaps
be
valid
enough
in
foro
externo
,
till
the
issuing
out
of
the
Kings
Proclamation
in
that
behalf
;
yet
was
it
in
point
of
conscience
unlawful
before
,
as
being
a
crafty
course
:
so
refused
by
the
King
himself
,
and
guilty
of
a
double
injustice
,
the
one
to
the
King
,
as
an
abuse
to
his
Prerogative
;
the
other
to
the
Subject
,
as
tending
to
their
appression
,
as
by
the
Proclamation
is
recited
,
and
that
therefore
2.
Neither
might
the
Merchant
,
whiles
he
lived
,
nor
ought
his
Executors
,
now
he
is
dead
,
to
make
advantage
of
the
Kings
Name
used
in
that
Bond
;
nor
might
be
then
,
nor
may
they
now
,
by
virtue
of
the
Kings
Prerogative
,
or
under
the
colour
thereof
,
for
the
recovery
of
the
said
Debt
,
use
any
way
to
the
prejudice
or
damage
of
the
Obligee
,
or
of
any
Purchaser
from
him
,
other
then
such
,
as
he
or
they
might
have
used
,
in
case
the
Bond
had
been
taken
in
the
Obligee's
own
Name
,
and
not
in
the
Kings
.
3.
If
any
Proceedings
have
been
made
already
,
in
pursuit
of
the
Debt
,
due
upon
the
said
Bond
,
upon
no
other
ground
or
colour
,
then
the
Prerogative
aforesaid
,
whereby
the
said
A.
B.
cometh
to
be
endammaged
or
prejudiced
more
,
then
otherwise
he
should
have
been
;
that
the
Executors
ought
to
make
him
some
considerable
satisfaction
for
the
same
,
although
perhaps
not
to
the
full
of
what
he
hath
suffered
,
or
would
demand
;
yet
in
such
a
proportion
,
as
to
the
judgment
of
indifferent
persons
(
in
a
case
wherein
both
parties
,
if
they
must
do
what
is
fitting
and
just
,
are
sure
to
be
losers
)
shall
seem
reasonable
,
in
case
the
parties
cannot
accord
it
between
themselves
.
4.
Whereof
although
,
through
the
corrupt
partiality
,
that
is
in
most
,
I
may
truly
say
,
all
men
more
or
less
,
I
do
not
apprehend
any
great
likelihood
(
for
neither
part
would
,
and
yet
both
must
be
losers
)
yet
I
should
advise
that
tryal
were
made
thereof
in
the
first
place
;
as
the
most
kindly
Christian
way
of
growing
to
peace
,
if
parties
will
be
perswaded
to
meet
about
it
,
and
can
be
made
Masters
of
their
own
passions
when
they
are
met
;
and
surely
matters
might
easily
be
brought
to
a
handsom
conclusion
,
if
both
parties
,
but
especially
the
Executors
,
who
seem
to
have
the
advantage
in
Law
,
would
not
stand
too
much
upon
whatsoever
advantage
they
may
seem
to
have
,
but
(
as
in
conscience
they
ought
)
submit
both
that
,
and
all
other
circumstances
appertaining
to
the
business
,
and
indeed
their
whole
mutual
demands
,
to
the
final
determination
of
that
transcendent
Law
,
which
Christ
hath
established
,
as
the
only
Royal
Standard
,
whereby
to
measure
the
equity
of
our
actions
,
in
all
our
dealings
towards
others
,
viz.
To
do
as
we
would
be
done
unto
;
or
which
cometh
to
one
,
Not
to
do
that
to
another
,
which
if
he
should
do
to
us
(
supposing
his
Case
was
ours
)
we
should
think
our selves
scarce
justly
and
fairly
dealt
withal
.
5.
But
lastly
,
in
case
no
such
accord
can
be
made
(
either
by
agreement
of
Parties
or
mediation
of
Friends
,
and
that
through
the
only
default
and
stifness
of
the
Executors
;
A.
B.
having
by
all
fair
wayes
faithfully
sought
and
endeavoured
the
same
,
I
see
not
but
the
said
A.
B.
may
(
but
not
to
be
done
,
but
as
his
last
refuge
)
seek
to
relieve
himself
▪
according
to
the
advice
of
his
Council
,
by
making
his
Addresses
to
such
person
or
personage
,
as
for
the
time
being
,
shall
be
in
actual
possession
of
the
Supreme
Power
,
and
so
in
a
capacity
to
over-rule
the
Law
,
in
a
Case
of
that
nature
,
by
forgiving
that
Debt
,
whereupon
the
King
was
colourably
and
fraudulently
entituled
for
private
advantage
,
to
the
prejudice
of
a
third
person
,
but
was
not
at
all
a
debt
owing
to
him
from
the
Obligee
.
B.
P.
17.
Iuly
,
1658.
THE
END
.
Notes, typically marginal, from the original text
Notes for div A61867-e2030
a
Votum
soli
Deo
fit
,
sed
Promissio
potest
fieri
etiam
Homini
Aquit
2
2.
q.
88.
5.
ad
.
3.
b
Promissio
Deo
facta
est
essentia
v●ti
,
Ibid.
c
Psal.
76.
11.
d
Numb
.
21.
2.
Judg.
11.
30.
1
Sam.
11.
25.
e
Judg.
11.
36.
Psal.
56.
12.
f
Sponsio
quâ
●oliga●nur
Deo.
Cic.
2.
Leg.
a
Iurare
nihil
est
aliud
quam
Deum
Testem
invocare
Aquit
.
2.
2.
qu.
89.
1.
ex
,
Aug.
de
ver
.
Apost
.
Serm.
R.
28.
quod
affirmas
,
si
D●●
Teste●●
promiseris
,
id
tenendum
est
,
Cic.
3.
de
Offic.
b
Gen.
31.
50.
Judg.
11.
10.
Mal.
2.
14.
c
Rom.
1.
9.
1
Thess.
1.
5.
d
1
Cor.
1.
3.
Phil.
1.
28.
a
Rom.
7.
2.
b
Rom.
7.
2.
c
1
Cor.
7.
4.
d
Numb
.
30.
3.
b
Quod
initio
vitiosum
est
,
non
potest
tractu
temporis
convalescere
,
l.
29.
F.
de
Div.
Reg.
ju
.
c
In
stipulationibus
id
tempus
spectatur
quo
cantrabimus
,
L.
18.
F.
eodem
.
a
Rom.
7.
2
,
3.
b
Vot●
uxorum
vel
s●rv●rum
exequenda
illo
tempore
quo
〈◊〉
sui
juris
,
〈◊〉
vel
domini
non
possunt
〈…〉
65.
&
alios
.
a
Mat.
5.
28.
b
Prov.
5.
18.
Eccles.
9.
9.
c
Prov.
5.
19.
b
Josh.
9.
14
,
&c.
c
Ibid.
ver
.
19
▪
2
Sam.
21.
1
,
2.