AN ANSWER TO THE VINDICATION OF Doctor Hamond, AGAINST The Exceptions of EUTACTUS PHILODEMIUS. Wherein is endeavoured to be cleared What Power MAN hath. 1. Over his own Liberty, (which is) his ALL. 2. Over his own Life, for which he will give that ALL. The Author E. P. LONDON, Printed for Francis Titan, and are to be sold at the three Daggers in Fleetstreet, near the Inner-Temple gate. 1650. TO The Right honourable, the Lord Bradshaw, President of the council of STATE. My Lord, I Have presumed to affix your lordship's name to these few leaves, not that I desire a patrociny for any thing in them, but truth, Quae premetur sed non opprimetur. Had Dr. Hamonds' Vindication been a mirror to reflect mine own ignorance upon me, and had I had thereby so much light, as to see myself in the dark, I had quietly acquiessed, and sat down under the Majesty and Authority of Truth: But (my Lord) I find it far otherwise; not to charge this doctor's Abilities, I am more than most suspicious (if that could be) of his candidness, who is not only satisfied in wounding the name of E. P. but takes thereby opportunity to vent his virulency against the present Powers: Your Lordship, and your Coassertors of public Freedom, and of the Liberty of the Gospel of Jesus Christ may lie for a time under the stains of vile men's Tongues and Pens, yet your Integrity and Resolutions to the hazard of your All, will (I hope) one day receive the mark of Well-done by him, who makes a narrower exploration then merely into the Exterior actions of men: My Lord, The Government of a Kingdom, is Prudentibus grave sed fatuis gratum, the one loves it, because he is filled with imagination only of its sweet and beauty; and the other fears it, because he knows its weight and burden; I may not but conjecture that many hate the present Powers, some because they will, others because they have not a share in the exercise of it, so that on all hands you have enemies. The Lord direct you, and those now in Power with you, in the Execution of the great Trust that lies upon you. That you may not only have the mark of an honourable and Pathless act of Justice upon your Names, but that it may smell sweet in the Nostrils of God, and be precious in the esteem of them that fear him: This shall be the Prayer of 12. May. 1650. My Lord, Your willing Servant, E. P. To the READER. Reader, LIfe, for which a man will give All that he hath, and Liberty, which is the Genus Generalissimum of that All, into how many parts soever it be branched out, are the two dearest properties of man, essentially and necessarily annexed to his Being, and yet even these have been invaded in a high manner, and received most dangerous assaults of late Times, by the hands of a Rebellious and traitorous crew of profane and deceitful men, whom God suffered to proceed to kill, destroy, and plunder, and to teach to do so, without any other Authority, than the mere will of a tyrannical Magistrate; Amongst the late Invadors of our Liberties, there is none (I dare say) more peccant than Dr. Hamond, in his way, this man having more advantage to deceive than others, because of his less profaneness, and greater abilities than the generality of the late King's adherents, and the more ingenious part thereof, taking up what he delivered with very little examination, upon the account of his parts. This is one of the men that would make the late Kings Will the Rule of Goodness, when he himself intended it no other than the measure of his Greatness; this is he that would have erected a Pambasilia for the late King, though his professions were only for a regulated Monarchy: what wounds this man hath given to our Liberties, thou wilt see in the following Leaves; and though he had not power to compel the silly vulgar Plebs mavult decipi quam cogi. to be of his party, yet (I fear) his principles have deceived too many of them, that took up his advisoes without examining, he being known to be leprous in his opinion, and to have Laesa Principia, in Polity as well as Religion, and to have needed to be put into a Lazaret till he were cured of both. I shall not desire thee to swear compliance and credulity to what thou wilt find herein, only try and hold fast the good, and give it thy Countenance; the evil of it shall be beneath the author's Connivance when he knows it to be so. Thy Servant in the Lord, E. P. The Introduction. IT is a truth in itself, and very obvious to knowing men, that the use of language is for the expression of our conceptions; and that these are caused by exterior objects, which are oftentimes such, as do cause so violent an agitation of the Spirits, that we may with but little skill in Phisiogmony see the tips and Signatures of men's affections in their Countenances, and assure ourselves of a better account from their faces, when their passions are moved (which do always faithfully more or less imprint their characters in the exterior parts of the body) than we may expect from their tongues, which can cover the deceitfulness of a false heart, when yet the visage discovers its motions and designs; for if a man's speech belie his heart, yet his face shall belie his speech, and the understanding can never so secretly work, but the senses will perceive it: I may not but conjecture that Doctor Hamond is better learned in this kind of science than myself, having vantage ground of me in years, study and experience, and yet he hath gone farther in discovering himself, and his passions then thus, in his Vindication against E. P. and (contrary to his professed impassionateness) hath so far betrayed himself, as to transmit the Image and Character of the perturbation and passionate heat of his spirit, by his Pen, to the view of the world, as his said Vindication will manifestly testify. And I wish this particoloured Doctor (that doth thus interlace excellent professions with so little adequateness of performance words of Moses in Terminis, Exod. 21. 6. but whether they do not widely range from them, I refer it to any man that hath his understanding about him upon compare, to judge; I conceived this doctor's affirmation to be but his explication of that place, and believe the impartial examiner of both places will easily find it so; and I must tell this Doctor for all this, that he will alone lie under that Condemnation which, saith he, in his fifth Section, E. P. hath put him, and the Scripture under, too good a Companion to be of that man's side, that made and published the late Misterium Religionis recognitum, which goodly stuff came out of this doctor's warehouse. 2. The second advantage is not only as imaginary as the other, but palpably false and scandalous, contrary to the Candidness and ingenuity of a rational man:' This Doctor saith that E. P. hath two irreconsilable opinions Sect. 7. of his vindication: 1. Opinion, That it should be unlawful for the Jew to give up his liberty or freedom, and that servitude should be unnatural. Secondly, That it should be in a man's own power to kill himself; I am astonished that any man who hath his eyes in his head, or any conscience to check him, or any sensible movement of reason in him, should affirm such an untruth of E. P. Let this Doctor indigitate the place, and show them in verbâ, if he can; but that the reader may know the truth, there is no such opinions in E. P. his discourse; and it is hoped this Doctor may receive credit according to the truth of what he affirms here, in whatsoever else he hath and shall have to represent to the world hereafter, who (it seems) will leave no way unassayed, that may (right or wrong) promote the wicked design of his party: I shall easily believe henceforward he may be so pliable a Courtier, as if his King or his party shall say it is night at highnoone, he will not stick to maintain it; or if any should be so venturous as to deny it, that he is so cunning as to have this reserve for himself, as to say he hath mistaken the Moon for the Sun, yet I do not see for all his art, but he will have a long voyage before he come to the end of his expectation, by such shameful and unworthy staining of his Antagonists. But for the first of these opinions he mentions, doth he not find the contrary in E. P. pag. 18. and 19 and doth he not cite E. P. his opinion in page II. and Section 28. of his vindication, in these words: That God doth not allow any to take away man's life, but those whom he makes Gods (i. e.) Magistrates: sufficient to excuse E. P. from this part of the doctor's charge, who with the same breath and pen he hath aspersed that Author, doth (as you see) proclaim his innocency to the world; and for the other opinion charged upon the Author of E. P. That it was unlawful for the Jew to pass away his freedom, &c. it is likewise denied by that Author; and this Doctor (who is his accuser) citys also his opinion in this point in his vindication, Page 8. Section 28. That an unreserved resignation of a man's native liberty into the hands of any man's whatsoever, without any just Condition, or adequate exchange, can have on origination from God or reasonable nature: Now whether this Doctor hath dealt ingeniously with E. P. let any man judge. I shall now come to make good what Eutactus Philodemius did urge in relation to this doctor's affirmation and Question. E. P. in his aforementioned discourse of the original and end of civil powers (under the first head, page the fifth of that discourse) viz. That the people were (under God) the original and efficient cause of all just powers) was speaking that the people could not pass away their own native rights out of themselves into any other hand, to their own evident damage, without any possible advantage of recall, and no such thing could be rationably gathered but of their consent, to set up a Magistrate over themselves, and in case the Magistrate so set up by themselves over them, should encroach upon their rights, beyond the due limits of his commission, and the mutual pacts, either express, or necessarily employed between them, than God, nature, and reason did prompt unto the people, their own safety, together with the use of means to recover and retain it, when the interchangeable conditions between them were violated by their governor. And I shall add this further to what was then said. That the governor and the Governed are relatives, and undergo (when they come to be such) mutual duties, the wilful breach whereof by either party makes the * Propter pactum non servatum privatur quis jure suo. Bracton p. 2. l 1. c 4. Bartumas de Repub. Judaeorum. pag. 1, 2, 3. Triglandius de potestate Civili & Eccl. c. 2 p. 49. See a late Book called Bonds & Bounds obligation cease as to the other, & there is then a clear divorce made by nature and reason between them, and if the End of a people's Being, be to glorify God, and to love his Neighbour (as doubtless it is) than Magistracy is but a subservient end to that of the peoples well being; and a Magistrate is but a necessary circumstance, to that end that he may be an encouragement to the good, and a terror to the evil, and that men might live while they are in this short Pilgrimage in all Godliness, and honesty; and it is irrational to think that a civil Magistrate, who is but such a circumstance to a peoples well being (of whom there had been no need, if there had been no fin) should make the people subserve his own end, and become a footstool to his pomp and glory; Such an end is abhorred in the thoughts of all rational Spirits, who have not imbibed a principle of slavery, or are not so supine, as not to inquire of any other condition, better than an ass like subjection to the lawless wills of men. Now to come nearer to the affirmation laid down by the Doctor in his address to the general and council of war, page 9 and touched upon by Eutactus Philodemius occasionally (viz.) That the Jew under God's own Government might wholly give up himself and his freedom to his Masters will (power of life only exempted) What power the Jew had from right nature to dispose of himself & liberty. Probus usus voluntatis est melioris electio ejusque quod rationi arridet non quod adulatur passionibus. Euseb. Nieremb. de voluntatis arte. Justin. l. 1. titulo 3. See also Bracton lib. 1. ca. 6. and of a freeman become a slave for ever. First therefore Eutactus Philodemius allegeth as before, that it was not from nature, i. e. rightly choosing, that the Jew had such a power, but that God permitted it to be so, and sure he is, that the Doctor cannot prove that slavery was congenial, or natural to Adam, Nemo nascitur Servus, if Adam had stood in innocency, and had had the like innocent and unstained posterity; it cannot be made appear that any of them should have been slaves by nature; slavery is an effect and consequent of sin, and Adam's posterity could not have so unrectified wills as to desire to stoop to a slavish condition, it is a slavish Disposition that must be a cause of a slavish Condition, and it would be as difficult a thing to disprove this, as for the Doctor to make good his tenet, That Adam's posterity should in case of innocent nature, have positive human laws imposed on them by man, in order to a civil life, and if it be allowed that servitude was not connatural before the fall, it cannot be after, and as for the word (Unnatural) which was used by E. P. as an epithet to the word (Servitude) I say thus much in satisfaction to the Doctor, absolutè multa dicuntur quae tamen intelliguntur comparatiuè, But Justinian tells this Doctor that Servitus est constitutio Iuris gentium, quâ quis Dominio alieno, contra naturam Subjicitur, which is his definition of slavery, and immediately before the Doctor may find Liberty or Freedom to receive another definition, Justin. ibid. & Bracton ibid. viz. Libertas est naturalis facultas ejus, quod cuique facere libet, nisi si quid vi, aut jure prohibetur, when this Doctor hath either reconciled or overthrown these two Definitions, I may be of another mind. And now if I be so bold with this Doctor on the behalf of Eutactus Philodemius, as to ask him some few Questions, who being himself so great a Querist in his address to the general and council of war, will doubtless grant the like, leave to any other man that will be candid with him; the first Question shall be. Quest. Whether if Adam had not fallen, there should have been 1. any slaves in Innocency? Quest. Whether, according to those equal and uniform Laws 2. which politicians and others call the Primary Laws of Nature, Naturalem rei cujuslibet inclinationem, there would have been Jura naturalia sunt imutahilia, libertas quae est de jure naturali per jus Gentium auferri non potest. Bracton li. 1. cap. 5. Arist. lib. 1. Pol. c. 3. slavery in the world; indeed there are other secondary Laws of Nature, called by some demi constrained, and demi-voluntary, which are more stinted Laws, and much remote from these ingenuous Dictates, to which this Doctor may (if he please) refer the servitude or slavery that he mentions; as when a Merchant throws his goods overboard to save himself, or when a Patient is willing to cut an arm or leg to save his life, or stare promissis nemini laedere; these secondary Laws are modelled, and made in the Forge of necessity, and are its Constitutions (as Aristotle saith) these are not near so undeterminate, free, and unconstrained, as those primary Laws of Nature: and those words of the Apostle mentioned by this Doctor, If thou canst be free, choose it rather; as it is the voice of God's own Spirit, so we may hear in it a sound or noise of reviving and returning Nature to its Primitive principle of Rectitude, and true Freedom. Quest. Whether between those relatas of Master and Servant, there 3. were not at least employed conditional respects, and a mutual pacts; as that the Master should give protection & maintenance to his servant, in compensation of the servants love and service to his Master. Quest. Whether, if it should be granted, that the Jew had lawfully such an absolute dispose of himself by Nature, as this Doctor would 4. have it, his posterity were obliged successively to be slaves to his Master, and his posterity, and have their ears boared in token thereof, and should be as absolutely exempt from release and manumission, as their father is pretended to be; if the Doctor cannot prove this, than the design of his address to the General, and Counsel of War for the support of the Royal Cause, stands upon a very feeble foundation. Quest. Whether the desire of true Freedom and Liberty was not an inherent native principle, and a habitude of man's mind in Innocency, ●. and if that be granted, whether the Doctor can make it appear (by a parity of reason) that the desire and love of servitude and slavery was as true and innate a habit of a sinless and untainted soul, which if he denies, I have my end; but if he affirms, than he must necessarily argue, That because desire of Liberty was then a congenial principle, therefore a desire of servitude was a habit equally inbred in Nature, what degree of likeness there is between these two of Liberty and Servitude (I know not) unless what is very near between two contraries, there is too great a disparity between them, that the Doctor should have so plausible and colourable an Argument here, as he that said wool and Snow are both white, and therefore they are equally warm, but let this pass, it is but a Royal stride of a well affected Levite to his own cause. The 2. Ans. of Eutactus Philodemius was, That the boaring of the 2. The boaring of the Jews ear a punishment, as well as a ceremony of admission into service. ear was a punishment of the contempt of that liberty which he had, and might have lawfully kept without sin, that slavery is an effect of sin, is not doubted by very rational men, had there been no sin, doubtless there had been no slavery & boaring of the ear was an ordinary mark of slavery, as Diodati, Cornelius à lapide. Ainsworth, and divers others explain the forementioned place of Exod. 21. 6. and from the 25. of Levit. 41. some of the rabbis do infer, That a Priest was exempted from this boaring of the ear, because he should become thereby blemished, and if his ear should be boared, he could not be reinvested again in his Priestly dignities: Why this boaring of the Priests ears should be a blemish, and this blemish exclude him from his dignities, I desire the Doctor to tell me. In 25 Levit. 42. we may see in what love God is with the slavery and servitude of his people, who used much means to keep them from it, as you may see there, where speaking of the Jews (God saith) They shall not be sold as bondmen, and the fifth of Nehem. 3, 4, 5, 6, 7, 8, 9 we have the mind of God in these words; We after our ability have redeemed our brethren, which were sold unto the Heathen, and will you even sell your brethren? and shall they be sold unto us? they held their peace and had nothing to answer; & I suppose the reason of that place of Cor. 7. If thou canst be free, choose it rather, is very suitable and consistent herewith. And as it is not denied, but that the boaring of the ear was a Ceremony of the receiving, and admission of servants amongst the Jews, yet how the telling us it was a Ceremony, doth disprove it was a Punishment, doth not appear to me; this Doctor tells the world, that the boaring of the ear was no painful thing; sure I am, if Maymonie, and other Hebrew rabbis may be believed (whom in this thing I had rather give credit to, than this Doctor) it was the Jews right ear that was boared, and it was through the middle it was boared, & whether this was painful or no, I had rather this Doctor should be Probationer, than I, who it seems is in so much love with Servitude, that as he knows not how to live himself in any other Element than this, so he would have no other man so happy as to be out of that condition; And for the place urged by the Doctor out of Psal 40. 6. to enforce his opening about boring the ear that Prophetical saying of David touching Christ, Mine ear hast thou opened, (i. e.) bored (saith he) The Doctor saith it is acknowledged, that the opening of the ear there, doth denote that Christ took upon him the form of a Servant. I do not know how his opinion crosseth mine, for as Christ took upon him the form of a Servant, were not the punishment of our sins laid uphim, and was not his being in the form of a servant, part of that punishment of our sins? Let this Doctor tell me. But as to the doctor's Explication of the aforementioned place, What the meaning of the opening the ear in Psal. 40. 6 is. let him not be offended if I be of another opinion, though he saith it is acknowledged, &c. As if he would persuade the Reader there could be no appeal to a higher Reason, or a Liberty of a just inquiry into the Truth of Scripture beyond his line, and those of his opinion: I conceive it is meant otherwise, and therefore do lay my opinion at the feet of the ingenuous Reader; The words are properly in English rendered thus, Ears to me hast thou digged, (i. e.) opened or fitted, and not Mine ears hast thou opened (i. e.) boared, there is a great difference in sense between the word {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} perforavit, Exod. 21. 6. The word {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} dedit, applicuit, opposuit. Deut. 15. 16. and the word used by the Spirit of God in this place (viz.) Psal. 40. 6. which is {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} effodit, comparavit, though the Doctor would have them be Synonima's, if the Doctor please, he may do E. P. a favour to satisfy him a little better herein, and tell he do it, the opinion of E. P. stands good; for all his pretended self authoritative assertion, and for the close of this Doctors fifth Section, E. P. is not so possessed with a stoical Apathy, as not to have a sense of his unsavoury jeer (a Character of the goodness of his cause) and therefore tells him in his own words in another place, upon another occasion, That he will be silent, rather than imitate that part of his Spirit, though there be in his vindication the advantages of many opposite retortions. The third answer to the doctor's explanation of that place of Exod. 21. 6. That the Jewish Servant did not give up himself to 3. Slave, an unfit expression to call the Jewish servant by. be a slave for ever, but his slavery did terminate in the year of jubite, here the Doctor obstreperously vaunts over his opponent, yet he that takes seriously the weight of this man's arguments, will find (I presume) his virulency and malice poising more in the scale, than his reason: I must confess, that if a smooth dialect, and an exquisite texture of words could overcloud a truth, this Doctor can do as much as any towards it: He shall be a slave, &c. it were well the Guliel. Gibieuf. de libert. Dei & creaturae. l. 1. p. 29. ca. 5. Sect. 5. Non nisi res obvias percipiunt brutorum more, mentes habent fraenis vinctus. Guliei. Gibieuf. l. 1. c. 32. Sect. 17. p. 244. Doctor could afford the servant Jew (whom the Chaldee renders a son of Israel) a better term than slave (this is a word well becoming them that would not out of necessity, but out of choice, and with all their industry make themselves so) it may be the Doctor expounds this place by that in Rev. 18. 19 {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} an apposite word to denominate a slave by, a body without a soul; that served only to keep it from stinking, Tales rationem potius sentiunt quam habent: nec ratione uti, nec ratiocinari possunt ut inde eliciant quid agendum, quid fugiendum, I doubt many of this Levites party in these latter times have had the motions of their souls chained to the Galley of their bodies, or at the least they have been partes animatae domini, and have had their souls and reasons quiessent, while the royal will possessed and acted their bodies as it pleased; who can be fitter tools for the hand of tyranny to hew down the tree of just liberty, than such slaves? but while this Doctor is telling us this Jew was a slave, the truth drops from him unawares, and he tells us pag. 9 and 23. that subjection (which The several significations of the word [for ever] in Scripture. was the condition of this Jewish servant) is far removed from slavery, &c. But I come to that which the Doctor much sticks at; E. P. affirmed that this Jewish servant did not, or could not pass away his liberty to his Master for ever, but this word (for ever) did refer to the year of jubilee, or the great sabbatick year, where his service to his master did terminate: This Doctor tells the world, these words do not well consist with the words of Moses, Exod. 21. 6. he shall serve him for ever, without the least disproof of it, but saying so, yet (though I might rest here, and say over again the same words till this Doctor be able to overthrow this opinion) I shall tell him that this word [for ever] hath respect to several times in scripture; Sometimes it signifies till Christ's coming, as Exod. 12. 14. sometimes for a long time, as Prov. 29. 14. Dan. 3. 9 Levit. 25. 40. Psal. 89. 1. with which this (for ever) agrees, and sometimes also it doth reach to eternity, as Isaiah 45. 17. But the Doctor saith that this Jew had by a voluntary refusal of his liberty at the Sabbatick year, made himself a slave for ever, and had no benefit of any after release, or manumission; he had thereby made himself uncapable of his freedom, and had no possible future remedy though his condition be never so miserable, and he never so desirous of returning to a condition of liberty again; this poor Jew is adjudged by this Doctor to be in a hard condition and so should we all be, if this Doctor could have had his will, and seen the end of his desire; this is but one Doctors opinion, without any proof, the Jew (saith he) did at the Sabbatick year, out of his love to his Master, voluntarily prefer service to his Master, before his freedom, therefore he had no refuge or relief from the year of The Jews surrender of himself to his Master's service, did not put him in an irreversible estate. jubilee; first he saith it is so, and then he throws a little dirt upon it for proof. But I must tell this Doctor, that this voluntary Surrender made by the Jew of himself, did not put him in an irreversible condition, if it may be called a voluntary surrender, for (as I take it) this Jew had wife and Children, whom he is said to love, Exod. 21. 5. as well as his master; and I conceive that there was duty and necessity that did call upon him to cohabit with his wife, which was a greater bent upon his will, than his love to his Master, to serve him till The Jews surrender of himself to his Master's service, not absolutely voluntary. Lev. 156. they were also free. It seems to me a strange thing for any man to offer to conclude this Jew (who as the Doctor saith) hath voluntarily given up his liberty to his Master at the sabbatick year) should be exempt from the benefit of that {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Sabbath of rest, That the whole land should have, when there was release of Mortgages and redemption of lands to those that were able, and a freedom gratis to those that were not, Levit. 25. and sure this Jew could not be kept off from the benefit of that jubilee which was after seven sabbaths of years, i. e. fifty years. On the tenth day of the seventh month, in the day of Atton●ment shall you make the trumpet to sound throughout all the Land, and you shall hallow the fiftieth year, and proclaim liberty throughout ALL the Land, to all the Inhabitants thereof, and it shall be a jubilee to you, viz. Jews, and you shall return EVERY man to his possession, and you shall return EVERY man unto his family, Levit. 25. 9, 10. And I find nothing that hath not in this Chapter the benefit of the year of jubilee, but the house in the The house in the walled City, and the stranger only exempted from manumission at the jubilee. Walled City. and the Stranger, the house in ver. 30. (if it were not redeemed within a year after it was sold) should be stablished to him that bought it for ever, throughout all genetations, and not go out at the jubilee; the Stranger in ver. 45. should be their possession for ever, and the inheritance of their Children; but God tells the Jews, as to their brethren they should serve them till the year of jubilee, and then they and their children should depart, and return into their own possession and family, for saith God, they are my Servants, and they shall not be sold as bond men, ver. 40, 41, 42. and ver. 55. and this is most evident, that he that was able to pay the price of his redemption, might go out at the sabbatick year, and he that was not, should gratis be free at the year of jubilee. Let this Doctor tell me whether God is not here so great a favourer of the liberty of his people, that he that hath made the most unthrifty bargain for himself, hath the advantage of a time of release: And I shall add for better confirmation of what is here alleged, a little more, (if the word of God needed any earthly advocate) Let this Doctor consult Raschi, Aben Esram, and Diodati, and he shall find them unaminously say this [for ever] in Exod. 21. 6. did refer to the year of jubilee, and terminate there, and Cornelius à Lapide upon this place hath this critcism {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} for ever having a Hholem without a. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. (as you will find it in this place) signifies till the year of jubilee, but when it hath a {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. for its Hholem, it intends a long time, or to eternity, as you may find it to have in the aforementioned place of Isaiah 45. 17. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} usque ad seculum eternitatis, and Buxtorsius renders this word in this place spacium 50. annorum, the space or term of 50. years, the last year whereof was the great Sabbatick year; I hope I have hereby given satisfaction to all unprejudicate Readers; and if this Doctor shall not yet think himself satisfied, I cannot at present do him further service. But this Doctor saith, That though it were granted to E. P. that this Jew were to be set free at the next Sabbatick year, or the great year of jubilee, pag. 7. of the doctor's Vindication, Sect. 18. yet E. P. could not avoid his concludency of the lawfulness of passing away his freedom, which (saith he) in another place in his Vindication includes his all but Life. But yet though E. P. did acknowledge Liberty might be exchanged upon Adequate consideration, as is acknowledged by this Doctor, Pag. 8. Sect. 28. This Dr. must know, That when the The Jews possessions out of his Master's power, proved, notwithstanding Dr. H. confident assertion. Jew did pass away his Freedom, &c. to his Master's Will, it doth not appear that his Master had any power of his possessions, which (in the doctor's sense) is part of his Freedom, and his All by his making himself a slave, for in Livit. 25. 41. when the servant Jew was set free from his servitude, he was to RETURN to his own Family, and to return unto the possession of his Fathers; which word [Return] doth clearly manifest that his possessions were out of his Master's power or liberty of dispose, and as to the Jew himself, his Master had but the bare usu-fruit of him, not that causalis usus fructus, whereby mincing. lib. 2. Titul. 4. the Civilian intends propriety, for he was not his Lord proprietary; what is the design of this Doctor by this opinion of the Jews freedom, being wholly in his Master's power without release, is easily seen, it is but by way of parallel, to put our Persons and Estates in the absolute dispose of the Royal Will without possibility of recall. I now hasten to wash E. P. from the stains that this doctor's Pen E. P. his opinion touching power of life, cleared from the mal●ce of Doctor Hamond. hath bespattered him with in his second Point, concerning the power of life, which man hath over himself: And here I must profess to the world (as well as this Doctor) that I should have little thought E. P. should be rendered to the world, a man that held Self-murder lawful, an opinion point blank contrary to the sixth commandment: They that read Eutactus Philodemius his Book will (I am sure) find the contrary in express terms, in the 18, 19, 20. pages of his Book; and to this purpose is this Doctor, who is his Adversary therein, become his Advocate, pag 11. of his Vindication, and Sect. 28. before mentioned, viz. That no man hath power of life committed to him, but the Magistrate. I am not willing to take up every excess of this Doctors excrementitious Pen, his malice hardly admitting of definitive bounds; or to tell him where he doth but say over again what E. P. said before; Now not to speak here of that duty and necessity that lies upon men to lay down their lives for Christ, or when they do Heroically hazard the same for their Countries good, &c. which is acknowledged by E. P. and infisted upon needlessly by this Doctor, 15, 16, 17, 18, 19 pages of his Vindication. I hasten to tell the Reader first the Opinion E. P. held, and then the Occasion thereof: You may find E. P. his Opinion to be this, pag. 19 which is set down by way of Question, (viz) Whether God and nature hath invested man with such a power over his own life, as freely to consent that his life should be taken away, or willingly to expose the same, as a private man, to death, for a greater, a publicker good, (viz.) for the preservation of societies, and the lives of many others. The innocency of this Opinion (I hope) needs no Apology, notwithstanding the slanderous Tongue and Pen of this man, whom I challenge to show a contrary opinion to this asserted by E. P. Or that there are any such words in Terminis asserted by him, as this Doctor doth charge him withal; Well Doctor, now you have slandered, to make the world believe you in your slander, must be your next design. And truly (Sir,) one of your profession, that had not the conscience to forbear the first, I fear may have too much credit with them that believe lies in the last. But Doctor take heed, the Fly that biteth the tortoise breaketh her beak, and if you spurn and La moscha che ponge la ●artaruca rompie il becco. bite against Truth, it will at length make you repent; your own Pen is a better friend to Truth than you would have it be, which (after all your malice) will not be silenced from clearing the innocency of E. P. See Vindic. pag. 11. Sect. 28. before mentioned. The occasion of Eutactus Philodemius speaking of the Point beforementioned, was this: He had before spoken of the original and end of civil powers, and urged that the people were the first, and common seat and subject of all Civil Powers, and now he was speaking how the Magistrate was the proper and formal subject or receptacle Fortescue de laudibus legum Angliae, pag. 31. c. 13. of this power from the people, who are the immediate root (next to God) of this formal power in the Magistrate; for the better clearing whereof, I add thus much out of Fortescue, Chief Justice, and afterwards Chancellor to Hen. 6. His words are these. In a body politic, the intent of the people is the first living thing, having within it blood, that is politic provision for the Utility and Commonwealth of the same people, which it imparteth, as well to the head, as to the members of the same body; And a little before he saith, As out of an embryo ariseth a body natural, so out of a multitude of people ariseth a Kingdom. And Contzen, in lib. 5. pol. c. 8. Parag. 5. &c. Upon that place of Scripture, Non est potestas nisi à Deo, i. e. There is no power but of God (saith he) Cum Respublica constituta est, in ejus (i. e. dei) potestate est, regimen Monarchicum, vel Aristocraticum, vel populi politiam instituere, atque ita respub. à Deo primo & immediate est: Magistratus ab ea (i e. Rep.) designati à Deo mediatè à populo immediate potestate habent quae ex natura rei, est TOTA in Communitate primo & immediate. And this Dr. will find further. that the Ius legum condendarum, i. e. right of making Laws, or a legislative power (which infallibly includes power of life) that greatest Ingredient of Supremacy) is in & de ipsa republica (as the same Contzen affirmeth) seu hominum multitudine, non uno quopiam, jamdudum (saith he) explosa est ista Canonistarum quorundarum opinio qui naturâ hanc potestatem supremo principi & successoribus tribuerunt, ipsa respublica jus suae Gubernationis, & legum tantum habet, si naturam s●…ectes, ideo CONDERE LEGES & magistratum sibi preficere potest & confer in eum POTESTATEM legum condendarum, and every man almost knows that Legis virtus est imperare vetare, permittere punire (which I suppose this Doctor will confess doth include power of life) & premio afficere; and Contzen tells you that he is not alone of this opinion, but many other learned * Tho. Aquinas. quaest. 9 art. 3. & quaest 97. Molin. T. 1. inst. Tract. 2. dist. 22. Balarm. T. 1. lib. 3. de laicis. men, and he gives this reason for his own opinion, nullus in alium habet potestatem, nisi aliena voluntate vel delicto, to which I will add that of Bracton lib. 1. cap. 4. propter delictum vel pactum non servatum privatur quis jure suo, and it is true, par in parem non habet potestatem, and saith he further, no man can claim this power of making laws, and of life naturally to be in himself either by virtue of Seniority, Primogeniture, or paternal right, as his due; the people first had it in themselves, and they give it their Governors: I suppose he that will but compare what is here asserted with the opinion of E. P. in page 19 will find no discord between them, as is most evident in the case of the ten men in the freedom of nature, 9 whereof did spontaneously subject themselves to the 10th. to be governed by him, according to such Laws as should be for mutual good, and against mutual Injuries; one of the nine kills his fellow subject, the tenth man, whom his own Vote and Consent (amongst the rest) set up to be a Magistrate, and empowered to make and execute Laws, put him to death: now in what measure the power of life is derived to the Magistrate, from the Consent and vote of the people, is easily concluded by * Mr. Hobbs, one of this doctor's party, though a man of dangerous, and unsound principles in other respects, yet in this agrees with E. P. That power of coercion, of the Sword, and consequently of Life, is transferred from the People to the Magistrate. Hobbs de corp. polit. par. 2. c. 1. rational men; and though this interessed Doctor doth undertake to make good in his said vindication, That † Doctor Hamonds' Vindication, pag. 20. Sect. 53. power of life flows from a higher principle upon the Magistrate, then from the people's consent, it proceeding from them only as the Causa sine quâ non, or by way of resultance, and God only communicating power of life to the Governor, and man's consent that he should be his Governor remotely (and by way of condition, or qualifying of the subject to a capacity of receiving that power from God) concurring to the vesting of that power in that person, like the temper of the air, that contributes to the qualifying of the slime or putrid matter to receive the same influences, which influences only beget life in it: This being (as I take it) more than he acknowledges elsewhere in his ‖ Doctor Hamonds' Address pag. 11. Pamphlet to the general and council of war (called his Address) I shall show you how the Ingenuity of this Doctor or his pen hath gone a little further, in his late * Doctor Hamonds' Reasonableness of Christian Religion, Cap. 4. Sect. 4. pag. 99 Book, viz. wheresoever supremacy of Power is placed by the laws of a Kingdom, there subjection is required, &c. from both which I shall urge thus much, Power of life is an ingredient (yea the greatest ingredient of supremacy, as this † Address, Pag. 10. Doctor acknowledges) Supremacy is vested in the Magistrate by the laws, and the laws are made by the people (that is) collectively or representatively; how then can this Doctor deny the people to derive any power of life to the Magistrate: it cannot be denied but God's approbation must concur to the right vesting of this power of life in the Magistrate, yet doth it not appear but that God hath invested them with this power naturally. The magistrate can make no law whatsoever that can be good, which is not either express or implied in the revealed will of the great Lawgiver, his work is only to regulate and dispose all human actions to the Common benefit and preservation of that public society over which he is, and to be an instrument Lex est quidem rationis ordinatio ad bonum commune. Aquinas. of Terror to those that will not submit to the Laws held forth by God for the benefit of mankind: laws are made for to be the common standard & measure of men's actions, & for the coercion of their wills, offending right Reason, and consequently transgressing the Will of God, the fountain thereof; and the Civil Magistrate is the instrument whereby that is done, and hath his immediate mission from the people for that end, and approbation from God, or his permission at the least, either of which (in respect of them that are subjects) is sufficient to make him a Magistrate to command obedience and compliance in order to these ends. This was the Author of E. P. his opinion in other words, as the Reader may easily find in the 18, 19, 20. pages of that Book. The place of Scripture to make his opinion good, Rom. 5. 7. is acknowledged by this Doctor, 21. page of his Vindication, Sect. 55. wherein he is of that author's mind: I must come to this close (when I consider this doctor's Vindication) and am of this opinion, that he was resolved to charge the Author of E. P. with two contradictory opinions, and with holding an opinion, that Self-murder was lawful though he proves neither, but what matters that, let E. P. clear himself as well as he can: Well done Dr. you are not it seems unacquainted with the Principles of Nicholas the Florentine. I need not tell you the rest of his name. I have done with you, hoping the Lord will never put me into the hands of so uncandid an adversary again, though I know the drift and design of your book was against them that have crossed your Court-expectation, and have not listened to the charms of your late Address, rather than against E. Philodemius. And now (Reader) having done with this uncandid Antagonist, I turn myself to thee, and wish thee, if well-affected (as for others, I leave them their own way) to a civil Government, and there-under to enjoy thyself, and thy properties in peace, according to that natural instinct that is in every sociable rational creature, that thou wilt not be carried away with the subtle insinuations of them who are Wolves in sheep's clothing, and lie in wait to deceive thee concerning the present Powers, and their Assertors; make use of thine own Reason, and be not hurled to and fro with the swing and rapt of that Billingsgate rhetoric, which proceeds from such as this Doctor and his party, who choosing to avoid the naturnal and sober course of Reason, make Railings their Reasonings against any that stand in the way to their Interests and Ends. This Doctor by a plausible Tongue and Pen hath done much mischief in his way; his course of writing hath been like the Waterman, who looks one way, and rows another; Let any man almost judge of him that hath heard of him, or knows his Writings, whether though he gives the good man his left hand of profession, the profane Cavalier hath not his right hand of fellowship; with that he is homogeneous in profession, with this he incorporates; in his heart there is Royalty effigiated, and his spirit is ductile only to that Interest, though with the pen of an artisan he delineates and holds forth the fair face of Religion, and would be thought to be Indenizened her subject. I seriously think that Story of the bat is most apposite to this man; The bat when he came among the birds; they would not own him, because he had feet and teeth like a beast, and when he would be entertained among the beasts, they would not own him, because he had wings like a bird. It hath been the unhappy privilege of this man's parts, not so much to act, as to teach disobedience to the present Authoririty and Powers, and therefore I think that each fault in him (and such as he is) is not so much a Crime, as a Rule of error, and a precedent to do evil. I shall now take my leave of thee (Reader,) and with a word touching present Powers, (not the lawfulness of obeying it, that is already proved▪) but the commendableness of it, though in some things it may use power irregularly. Thou wilt say, That though Oppressers are removed, yet Oppression in a great measure remains still; for heretofore we had good Laws, but bad Magistrates, and therefore could not expect that security to our persons and properties as was due to us. But now thou wilt say, we have good Magistrates, as well as good Laws, what hinders our jubilee of Peace, freedom, plenty, and security. I shall give thee this one answer. That thou must not expect while thou livest an even and a perpetual tenor of happiness in the enjoyment of a throughly well-tuned Government; the finest, and most refined on earth will have some course thread of irregularity, nay, of Oppression in it, it will have its Remissions and Intentions, some mixture of bad with good; Art thou not freed from much Oppression, Tyranny, and lawless entrenchments, upon soul and body? therefore bear a little, and forbear: The best of Magistrates, though called Gods, are but men, and shall die like men. Think that some inconveniences and mischiefs (like Ivy, twisting itself about an oak) will stick to the best of Governments, and that a Rose hath its prickles as well as its flowers. I must confess that that State is in a sad case, which is like that under the late King, whose Diseases, and distempers are (as the physician saith in another case of the natural body) chronic and continuate, or settled, not errant, but fixed and grown to a habit, which no rational man can say of the present Government, it being too young for malice to stain it with such an Ignominy. I have now done with thee, only I desire that thou wilt dismiss me, with thy favourable censure of a well-meaning man, and that I did my best to satisfy thee, and I must tell thee also thus much, that though I did not what I ought, yet I did what I could. FINIS.