Five cases of conscience occasionally determined by a late learned hand. Sanderson, Robert, 1587-1663. 1666 Approx. 133 KB of XML-encoded text transcribed from 68 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A61867 Wing S603 ESTC R15053 13593361 ocm 13593361 100680 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A61867) Transcribed from: (Early English Books Online ; image set 100680) Images scanned from microfilm: (Early English books, 1641-1700 ; 802:4) 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. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Christian life -- Early works to 1800. 2004-02 TCP Assigned for keying and markup 2004-02 Aptara Keyed and coded from ProQuest page images 2004-03 Olivia Bottum Sampled and proofread 2004-03 Olivia Bottum Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion 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.