See you not Learning in his Looks? See it more Lively in his Books.  
Tho. Cross Sculpsit    

THE ILLUSTRIOUS HUGO GROTIUS OF THE LAW OF WAR AND PEACE WITH ANNOTATIONS.  
III. PARTS. AND Memorials of the Author's Life and Death.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 M. Antonin. Imp. l. 9 
LONDON, Printed by T. Warren, for William Lee, And are to be sold at his shop, at the sign of the Turks-head in Fleetstreet, M. DC. L V.   

TO THE ENGLISH GENTRY, WITH ALL DUE HONOUR TO THEIR WISDOM AND VALOUR, THIS WORK IS HUMBLY DEDICATED BY THEIR SERVANT THE TRANSLATOR.   

TO THE READER.  
THat This Book may obtain General Acceptance, I have somewhat to say to every sort of Readers. The Divine shall here behold the Evangelical Law shining above all other in the perfect Glory of Charity and Meekness. The Gentlemen of our Noble Inns of Court shall here read the most Common Law, that of Nature and Nations. The Civilian may here observe some footsteps of the Goodly Body of his Law. (To the Statesman and the Soldier 'twill be enough to see the Title, of War and Peace.) The Philosopher, the Poet, the Orator, and Historian, shall here meet with the choicest Flowers gathered out of their spacious Gardens by a most skilful hand, the hand of Him that was excellent in all these kinds of good Learning, the Incomparable HUGO GROTIUS. This Great Name, as well as the Usefulness of the Argument, we hope, will commend the Book to every Ingenuous Reader; to whose candid Censure it is in all humility submitted by  C. B.  

The Author's Dedication to the most Christian KING.  
THis Book, Most Eminent of Kings, is bold to bear Your Royal Name in the Front, in Confidence, not of Itself, not of the Author, but of the Argument. Because it is written for Justice. Which Virtue is so properly Yours, that, by your own Merits, and by the Suffrage of Mankind, You have thence received a Title most worthy of so Great a King: being known every where now, no less by the Name of JUST, than of LUDOVIC. The Roman Commanders esteemed the Titles very specious, which were derived from Crete, Numidia, Afric, Asia, and other conquered Nations: How much more Illustrious is Yours, whereby you are declared both the Enemy every where, and all ways the Conqueror (of no people, of no man, but) of that which is Unjust? The Egyptian Kings thought it a great matter, if One were called the Lover of his Father, Another of his Mother, a Third of his Brother: How small parts are These of Your Name, which comprehendeth not only those things, but whatsoever can be imagined fair and honourable? You are Just, when, by Imitation of Him, you honour the Memory of your Father, a King Great, above all that can be said; Just, when you instruct your Brother every way, but no way more than by your example; Just, when you grace your Sisters with Highest Matches; Just, when you revive the Laws almost buried, and, as much as you can, oppose yourself against the declining Age: Just, but withal Clement, when you take away nothing from your subjects (whom Ignorance of your goodness had transported beyond the limits of their Duty) beside the licence to offend; and offer no Violence to Souls of a different persuasion in matter of Religion: Just, and withal Merciful, when, by your Authority you relieve oppressed Nations, afflicted Princes, neither permit Fortune to be too insolent. Which singular Beneficence of yours, and as near like to God, as human Nature suffers, compels me, on my own behalf also, to make this public thankful Acknowledgement. For, as the Heavenly Stars do not only communicate their Influence to the greater parts of the world, but vouchsafe it to every living Creature; So you, being the most beneficent Star on earth, not content to raise up Princes, to ease people, have been pleased to be a safeguard, and a Comfort, even to me, ill used in my own Country. Here is to be added, to fill up the Orb of Justice, after your public Actions; the Innocency and Purity of Your private life, worthy to be admired, not by Men alone, but by the Angels too. For, how Few of the Inferior sort, yea of those that have secluded themselves from the Fellowship of the world, keep themselves so untouched by all faults, as You, being placed in such a Fortune, which is surrounded with innumerable allurements to sin? And how Admirable a Thing is This, among Business, in the Throng, in the Court, among so many Examples of Those that sin so many ways, to attain unto that, which solitude scarce, yea often not at all, affordeth others? This is indeed, to merit, even in this life, not only the name of JUST, but of SAINT, which was given by the consent of pious men, to Charles the Great & Ludovic your Ancestors, after their Death; that is, to be, not by a Gentilitious, but by your own proper right, Most Christian. Now, as every part of Justice is Yours, so is that which concerns the Matter of this Book, about the Counsels of War and Peace, yours peculiarly, as you are a King, and King of France. This your Kingdom is great, which stretcheth itself to both Seas, through so many spaces of so happy Lands: but it is a greater Kingdom than This, that You do not covet other Kingdoms. This is worthy of Your Piety, worthy of that eminency; not to Invade the Right of any Other by your Arms, not to remove ancient Bounds; but to do the Business of Peace in the time of War; neither to begin War, but with this Desire, to bring it to a speedy end. And, How Brave, How Glorious is This, How Joyful to Your conscience, that, when God shall call you up to His Kingdom, which alone is better than yours, you may confidently say, This sword have I received from Thee, for the safeguard of Justice; This I render to Thee pure and unstained with the blood of any man, rashly shed? Thus it shall come to pass, that the rules we now look for in books, hereafter may be taken from Your actions, as from a most perfect Exemplar. It is a very great matter, This; Yet doth the world of Christians dare to exact something more at Your Hands; Namely, that, the Flames of War being every where extinguished, not only Empires, but Churches may see their Peace returning to them by Your procurement: and, that Our Age may learn to submit to the Judgement of That Age, which All Christians profess to have been truly & sincerely Christian. The minds of Good men, weary of Discords, are raised to this Hope by the Friendship newly made 'twixt you & the King of Great Britain (a most wise Prince, & exceedingly studious of that Holy Peace) and confirmed by the most Auspicious Marriage of your Sister. Difficult is the Business, by reason of Partial Affections, inflamed and exasperated more and more: but Nothing is worthy of so excellent Kings, but That which is Difficult, but That which is Despaired of by all others. The God of Peace, the God of Justice, O Just & peaceable King, Crown your Majesty (nearest to His) as with all other happiness, so with this also, the procuring of a Just & Universal Peace. 1625.   

THE PREFACE OF THE AUTHOR.  
THE Civil Law, whether Roman, or that which is proper to any other Country, many Writers have attempted either to illustrate with Commentaries, or in a more compendious way to propose unto their Readers: But, that Law which is between many Nations, or their Rulers, whether proceeding from Nature itself, or constituted by divine precepts, or introduced by customs and tacit agreement, Few have touched, None have hitherto handled universally, and in a certain order, when yet the Doing hereof is of much Concernment to Mankind. For, Cicero truly called this an excellent Science, in Leagues, Covenants, and Agreements of several people, Kings and foreign Nations, and in all Rights of War and Peace. Euripides also 
† Sic enim Theoc'ymenem compellari facit: Nam turpe id essct, cum scias hominum ac Deûm Quod est eritque, justa te haud cognoscere.  prefers this science before the knowledge of divine and humane things. 1. This Work is the more necessary, because, both in our age there are, and in former times there have been some, who so contemned this part of Right and Law, as if it were only an empty word, and had no real existence. That saying of Euphemus in Thucydides, is almost in all men's mouths, 
* Thucyd. l. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Likewise, in the first Book, the Athenians being at that time in their pride, say thus to the Melians: Humane reason judgeth those things just which are necessary; and things possible to be done, are done by the mighty, and suffered by the weak.  That nothing is unjust, which is profitable to a King or Commonwealth having power. Whereto that is like, In the highest Fortune that is more right, which is more prevalent. And, A Commonwealth cannot be governed without injury. Add hereunto, that Controversies arising between Nations or Kings, commonly have no arbitration, but are determined by force. Now, this is not only the opinion of the Vulgar, that War is very far distant from all right and equity, but even learned and prudent men do often let fall words favourable to that opinion. For nothing is more frequent than Right 
† Ennius: Non ex jure manu consertum, sed magè ferro Rem repetunt. Horatius de Achille: Jura negat sibi nata, nibil non arrogat armis. Alius de alio: Hic pacem temerataque jura relinguo.  and Arms opposed one to aother. Old Antigonus derided one that presented to him a Commentary of Justice, when he was assaulting Cities. And Marius said, He could not hear 
† In Plutarch, Lysander showing his sword, saith: He that hath this in his hand, best dis●…utes of the bounds of his dominion. And Caesar in the same Author: Laws have no place in the time of war. And Seneca saith, Princes, in war especially, give with their eyes shut; One man cannot satisfy so many armed usts: nor can he at the same time act the good Man and the good General. De ben. lib. 4. c. 38.  the Laws for the clashing of Armour. That very Pompey, of so bashful a Countenance, was bold to say, What? would you have me think on Laws, now I am armed 
† Plutarch relates this saying of Pompey to the Momentines, thus: Will you never leave prating of the Laws to us that wear Sword●…? Curtius, lib. 9 So, doth war overthrow even the Laws of Nature. ? In Christian Writers many sayings of the like sense occur: One of Tertullias may suffice instead of all: Deceit, rigour, injustice, are the proper businesses of wars. All that are of this mind, will (no doubt) object against us that in the Comedy 
* Terent. Incerta haec, s●…tu postules Ratione certa facere, nihilo plus agas, Quam si des operam, ut cum ratione insanias. : These uncertain things, if you seek to order by certain Reason, you do but endeavour to be mad with Reason. Wherefore, seeing in vain is any Disputation of Right, if there be no such thing, it will pertain to the commendation and defence of our work, that this very great Error should briefly be refelled.  
Now, that we may not have to do with the Multitude, let us allow them an Advocate: and whom rather than Carneades, who had attained to that, which was the height of his Academy, that he could put forth the strength of his Eloquence for Error no less than Truth. He therefore, when he had undertaken to oppose Justice, that especially of which we treat, found no stronger Argument than this: That Men had established for themselves various Laws (with respect to their Utility) according to their Customs; and among the same Men often changed with the times: That there is no natural Right or Law; But, that all Men, and other living Creatures, are carried by the guiaance of Nature to things profitable for them: Wherefore, there is no Justice; or, if there be any, it is extreme Folly, because it hurteth itself, taking care for the benefit of others.  
But, what the Philosopher saith here, and the Poet followeth 
* Nec natura potest justo secer●…re bonestum. , That Nature cannot make any difference 'twixt right and wrong, must not be admitted. For, Man indeed is an Animal, but excelling all the rest, and differing farther from them, than they do from one another: Which is confirmed by many Actions proper to Mankind. And, among these things that are proper to Man, is the Appetite of Society, that is, of Community, not of any sort, but Quiet, and (according to the measure of his understanding) Orderly, with those of his own kind: which the Stoics called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
† Chrysostom on the Rom. Hom. 30. saith, we men have by nature society with men. What else 〈◊〉 when even the Beasts have so too. See the same Father in the 1. Ch. to the Eph. where he shows, that we have given unto us by nature, the seeds of virtues. Marc. Antoninus, that Philosopher in the Throne: It hath appeared, that we are born for Society. Is it not plain, worse things are ordained for the Better, and the better for one another? . What is objected then, that every living Creature is by nature carried only to its own profit, so universally taken, ought not to be granted. For, even some of the mere Animals, in some sort, restrain 
* It is an old Proverb, A Dog eats no Dogs-flesh. Juven. Tigris agit rabida cum Tigride pacem: Parcit cognatis maculis sera. Philo hath an excellent passage upon the fifth Command: Be you Men imitators of the mute Creatures. They are taught to requite benefits, etc. See Porphyry (de non esu animal. 3.) of the exceeding care of Doves about their young ones.  the desire of their own profit, with a respect, partly of their Issue, partly of others of their own kind. Which, in them truly, we think proceeds from some external intelligent principle; because, in other actions not more difficult than the former, they do not discover such intelligence in themselves. And the same is to be said of Infants: in whom, before all Discipline, there shows itself a certain propension to do good to others, prudently observed by Plutarch: as also, in that Age Compassion breaketh forth of its own accord. But, in a Man of perfect Age, knowing to do like things in the like manner, with an exceeding appetite 
† Mar. Antonin. l. 9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And he saith, One may more easily find a thing of an earthly nature not inclining to the earth, than a man separating from Mankind. Add August. de doct. Christ. l. 3. c. 14.  of Society, having Speech, the peculiar instrument thereof, as his privilege above all other Creatures, we must conceive there is an Ability of Understanding and Working, according to general precepts; and the things agreeable thereto, belong not now to all living Creatures, but are peculiar to humane nature. Now, this custody 
* Nam quo alio tuti sumus, quam quod mutuis juvamur officiis? hoc uno instructior vita, contraque incursianes subit as ●…citior est, beneficiorum commerc●…o. Fac nos singulos, quid sumus? praeda animalium & victimae, ac vilissimus & facillimus sanguis. quoniam caeteris animalibus in tutelam sui sat is virtum est. quaecunque vaga nascuntur, & actura vitam segregem, a●…mata sunt. hominem imbecillitas cingit: non ●…guium vis, non dentium, terribilem caeteris fecit. duas res dedis, quae illum obnoxium caeteris validissimum sacerent, rationem & societatem. It que qui par esse nulli posset si diduce●…tur, rerum potitur, etc. Seneca 4. the benefic. c. 18.  of Society (which we have thus rudely expressed) convenient to humane Understanding, is the fountain of that Law, which is properly called by such a name: to which pertains Abstinence from that which is Another's; and if we have any thing of that sort, or have gained by it, Restitution; Obligation to fulfil promises; Reparation of Damage unjustly done, and the Merit of Punishment amongst Men.  
From this signification of Law is derived another more large: for, because Man above other Animals, hath not only that social virtue which we mentioned, but also judgement to discern what things delight or hurt, not present only, but future; and what things can lead to either; it is convenient to humane nature, according to the measure of humane understanding, in these things also to follow a rectified judgement, and neither to be corrupted with fear, or the allurement of present pleasure, nor to be transported with any impetuous rashness: And that, which is plainly repugnant to such a judgement, is also conceived to be against the Law of Nature, to wit, humane.  
What we have now said, would have some place, though we should grant, which cannot be granted without the highest sin, That there is no God: or, That he hath no Care of humane Affairs: the contrary whereof being implanted in us, partly by Reason, partly by perpetual Tradition, and confirmed by many Arguments and Miracles testified in all Ages, it follows, that we must without exception obey God, as our Maker, to whom we owe ourselves, and all we have: especially, seeing he hath many ways declared his infinite Goodness and Power; So that, he is able to give unto those that obey him greatest Rewards, and eternal, being himself eternal; and may be believed willing; and much the more, if he hath expressly promised it: Which we Christians, convinced by undoubted testimonies, do believe. This is now another fountain of Law, beside that natural, coming from the free will of God 
* Ind M. Antonino judice, lib. 9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. He that is unjust, is irreligious, in the judgement of that Philosophic Emperor. , to which, that we ought to be subject, our own understanding doth irrefragably dictate to us.  
Moreover, that natural Law of which we have spoken, (whether it be the Social, or that which is more largely so called) though it proceedeth from principles internal to man, yet it may deservedly be asscrib'd to God 
* Chrysost. 1. ad Cor. 11. 3. Cum naturam dico, Deum dico; ipse enim est naturae opifex. , because it was his will that such principles should be in us: in which sense Chrysippus and the Stoics said, The Original of Law came from no other Head but Jupiter 
† Jus à Jovis nomine dictum, nisi forte veriùs pe●… abscissionem, ut ex ostum os, va ex justum, jus, jusis, postra ju is, ut ex pap●…si, Papi 〈◊〉. d. quo vid Cic. l. 9 epist. 21. Chiy fig. 3. de Diis: Non po t●…st inveniri principium oliud aut origo justiciae, quam ab j v. & communi natura. Ind enim initium duci debet, ubi de botis ma●…isque disserendum est. . Add, that God, by Laws given, hath made the said principles more conspicuous, even to men of Weaker minds: and those impetus and passions regarding ourselves and others, and drawing us several ways, He hath forbid to wander, regulating their vehemency, and keeping them in compass. And the sacred History, besides that which consists in precepts, doth not a little excite that social affection, by showing that all men are descended from the same first Parents: so that, in this sense may be rightly said what Florentinus said in another, Nature hath made us all Kinsmen: Whence it follows, that 'tis impiety for one man to be treacherous to another 
* Leg. ut vim. D. de just. & ju. . Among men, Parents are as it were Gods 
† 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hier. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ph. l. Secunda post Deum federatio. Hieron. Dcorum simulacra. Pla. Horos parentibus ut dits debetur. Arist. ; to whom therefore, not an infinite, but a peculiar observance is due.  
And further, being it is a point of the Law of Nature, to stand to Covenants, (for some way of binding themselves was necessary among men, nor can any other natural way be imagined) from this very fountain Civil Laws have flowed. For, they that had joined themselves to any Assembly, or subjected themselves to Man or Men, had either expressly promised, or by the nature of the business ought to be understood to have promised tacitly, That they would follow what either the major part of the Assembly, or Those to whom power was given, had constituted. Wherefore, what Carneades and others say 
* Utilitas justi propè mater & aequi. Ad quem locum Acron, aut quisquis est vetus Horatii interpres: Repugnat praeceptis Stoicorum. ostendere vult justitiam non esse naturalem, sed natam ex utilitate. Contra hanc sententiam, vide quae disputat Augustinus, de doct. Christ. l. 3. c. 14. , That Utility is even the Mother of Justice and Equity, if we speak accurately, is not true. For the mother of Natural Law is humane nature itself, which would carry us to a desire of mutual society, though we wanted nothing: but the mother of Civil Law is the very obligation by consent, which having its virtue from the Natural Law, Nature may be called the Grandmother of this Law also. But to Natural Law Utility is added: for the Author of Nature was pleased we should be weak singly, and stand in need of many things useful to our life, that we might the more vigorously embrace Society: To the Civil Law, Utility gave occasion: for that consociation or subjection aforesaid, began to be ordained for some Utilities sake. And they that prescribe Laws to others, are wont, or aught, to respect some Utility therein.  
But, as the Laws of every Common wealth respect the interest and profit of the same; so, between Commonwealths, either all, or most, some Laws may have arisen from Consent, (and it appears they have arisen) which might respect the Interest, not of several Societies, but of the Whole. And this is that which is called the Law of Nations, as oft as that name is distinguished from Natural Law. Which kind of Law Carneades omitted, distributing all Law into Natural Law, and the Civil Law of single Nations: when yet, being to treat of that Law which is common to Nations one with another (for he added a discourse of War, and things got by War) he ought by all means to have mentioned the same.  
And it is another error of Carneades, to traduce Justice by the name of Folly. For, as by his own confession, the Citizen is not a fool, who follows the Civil Law in the Commonwealth, though for his reverence unto it he must omit some things profitable to himself: So, neither is that people foolish, that value not so much their own Interest, as to neglect therefore the Common Law of Nations. The reason is the same in both. For, as a Citizen 
† Antoninus useth this similitude appositely, lib. 9 Whatsoever action of thine hath not respect, either near or remote, to the common Good, it makes a breach, and is against the peace, and seditious, like him that separates himself from the people. And as the same Antoninus saith, What is good for the Hize, is good for the Bee. , who breaks the Civil Law for his present Commodity, breaks that wherein his own and his posterities perpetual benefit is contained: Even so a people violating the Laws of Nature and Nations, destroy the muniments of their own Tranquillity for the future.  
Again, though no profit were expected out of the observation of Law, yet were it a point of Wisdom, not of Folly, to be carried unto that, to which we feel ourselves directed and inclined by our nature. Wherefore, neither is that 
* Jura inventa metu in justi fateare necesse est.  which one hath in Plato, Laws were found out through fear of receiving injury, and Men are forcibly drawn to advance justice, universally true. For that pertains only to those Institutes and Laws, which are invented for the more facile execution of Law: as, Many weak of themselves, that they might not be oppressed of the stronger, conspired to institute, and by united force to maintain Courts of Justice, that all together might prevail against those they could not match single. And in this sense may that Saying be well taken, Law is that which pleaseth the Stronger, conceiving Law to want its external end, unless it have Force to back it: as Solon did very great matters, 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ovid: Valet causa, causamque tuentibus armis.  joining Might and Right together, as he said himself. Yet doth not Law, though destitute of Force, want Effect altogether; for Justice brings security to the Conscience, Injustice torments and tearings, such as Plato describes in the breasts of Tyrants. Besides, the consent of honest man approves of Justice, condemns Injustice. And, which is the greatest of all, this hath God for an Enemy, that for a Friend; who doth so reserve his judgements after this life, that he often too represents the power of them even in this life, as Histories do show by many examples.  
Now, whereas Many require not that justice in a State or Governor, which they exact of private Men; the Cause of that error is, first, in that they consider nothing in the Law, but the Profit arising thence: Which is evident in single Citizens, unable to defend themselves; but great Cities and States, seeming to contain all things in themselves, which are needful for the well supporting of life, seem not to have need of that virtue that looks abroad, and is called Justice. But (not to repeat what was said, that Law was not only provided for profits sake) there is no Commonwealth so strong, that may not sometime stand in need of help from without; either for commerce, or also for repelling the Forces of many foreign Nations united together against it: Whence we see the most potent States and Kings have desired Leagues, all virtue whereof is taken away by those that confine Law within the bounds of a City. It is most true, 
* Omnia sunt incerta, cum à jure discessum est. Cic. ep. 11. 16. Plutarch blames that saying of Pyrrhus, That he should be his Heir who had the sharpest sword, as a bloody speech, adding, So unsociable and savage is Ambition.  Take away Law, and all things are uncertain. If there be no Community that can be conserved without Law, (which Aristotle proved by a memorable example of Thiefs 
† Thiefs, if they be not true to one another (saith Polybius, 4.) and do not keep a Law among themselves, cannot subsist. ) certainly that which binds Mankind and many Nations together, hath need of Law: as he perceived who said, Unhonest things are not to be done, no not for ones Country. Greatly doth Aristotle 
* Platarch in his Agesilaus, saith, The Lacedæmonians know no honesty but prosit, nor law but that which makes for the advantage of Spá●…ta. The Athenians in Thucydides, l. 5. say of the same, That they are civil to one another; but, in respect of others, that seems honest, which is pleasant; just, which is profitable.  accuse them, who, when they would have no man govern among themselves, but he that hath right, have no regard of right or wrong toward Foreiners. That same Pompey, whom we named afore on the other part, corrected this Speech of a Spartan King, That Commonwealth is most happy, whose bounds are terminated by the Spear and Sword, saying, That's truly blessed, which hath Justice for its bounds: to which purpose he might have used the authority of another Spartan King, who preferred Justice before Military Valour 
† Agesilaus, when he heard the Persian King styled Great, How, saith he, is he Greater than 〈◊〉 am, unless he be Juster? , upon this ground; because Valour must be governed by Justice; but if all men were just, there would be need of Valour. Valour itself is defined by the Stoics to be a virtue fight for equity. Themistius elegantly shows, that Kings, such as the rule of Wisdom requires, have not a tender eye only to one Nation committed to their trust, but to all mankind, being, as he speaks, not 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lovers of Macedonians,.  or 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Lovers of Romans, but 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Lovers of Men 
† Excellently Autonmus: As I am Antoninus, Rome 〈◊〉 my Country; as I am a Man, the world. . 
* Vide cyril lum adversus Julianum, l. 6.  Minos' his name was hated among Posterity, because he restrained equity to the bounds of his Empire.  
But so far is it from Truth, which some imagine, that all Laws cease in War) War ought neither to be undertaken, but for the obtaining of right, nor to be waged, being undertaken, but within the limits of Justice and Faith. Well said Demosthenes, War is against them, who cannot be ruled by Judgements; for Judgements prevail upon them, who feel themselves weaker: but against them, who make or think themselves equal, Arms are taken up, which truly, that they may be right, are to be exercised with no less religion, than Judgements are wont to be exercised. Let the Laws than be silent among Arms, that is, those Civil Judiciary Laws which are proper to peace, not those other Laws that are perpetual, and accommodate to all times. For it was excellently said by Dion Prusaeensis, Written Laws indeed, that is, the Civil, prevail not among Enemies, but the not-written Laws prevail 
† K. Alfonsus being asked, Whether he owed more to Books, or Arms, said, He had learned out of Books, both Arms, and the Laws of Arms. Plutarch saith, There are among good men some Laws also of Arms: Nor is Victory so to be pursued, as not to refuse profit arising out of unjust and impious actions. , that is, those that are dictated by Nature, and established by the Consent of Nations. This appears by that old Formula of the Romans, I judge those things are to be required by a pure and pious War 
* Eas res ●…uro pioque duello quaerendas censco. . The same ancient Romans, as Varro noted, undertook Wars slowly, not licentiously, because they thought none but a pious War was to be waged. Camillus' said, Wars are to be waged justly, as well as valiantly. Africanus: That the People of Rome did both undertake Wars, and finish them with Justice. In another you may read, There are Laws of War also, as of Peace. Another admires Fabricius, a brave man, and (which is a rare thing) innocent in War, and one that believed an Enemy might be wronged. What power the Conscience of Justice 
† Benè apud Appianum Pompeius: Confivere oportet diis, & causae belli, honesto justoque suscepti study, ad tuendum patriae statum. Cassius apud eundem: In bellis spes optima, & causae jus. Josephus 15. antiquae historiae: Abs quo stat jus, ab eo Deus. Belisarius apud Procopium: Victoriam fortitudo datura non est, nisi justitiam habeat commilitem. In Longobardorum sermone ad Herulos, sunt haec, sed correcta à nobis: Testamur Deum, cujus potentiae vel minima particula omnem humanam vim aequiparat; is, ut credibile est, belli causas intuens, dabit debitum utrisque praelit exitum: quod dictum eventus mox admirabilis comprobat. Sic & apud eundem Procopium ad Gotthos Totilas: Fieri nequit, Nequit (inquam) fieri, ut qui vio entia & injustitia utitur, decus pugnando par●…at; (ed prout vita cuique est, ita ei obtingit belli fortuna. Precopius hath many passages to the same effect. And Agathias. l. 2. saith, Injustice and neglect of God are to be eschewed always as hurtful, but then most of all, when men go forth to Battle. Which he proves in another place by the illustrious examples of Darius, Xerxes, and the Athenians in Sicily. In Thucydides, l. 7. The Lacedæmonians confess they were justly overthrown for refusing to submit their quarrel to judgement; and renewed their hopes of better success, when they saw the Athenians refused judgement after they had done many wicked acts.  hath in Wars, Historians frequently demonstrate, often ascribing Victory to this cause especially. Thence those common Sentences: The Hearts of Soldiers rise or fall at consideration of the Cause: He seldom returns in safety, that fights unjustly: Hope waits upon a good Cause, and the like. Nor ought any to be moved at the prosperous Successes of just Attempts. For 'tis sufficient, that the Equity of the Cause hath a certain peculiar, and that a great influence upon the Action, though that influence (as it happens in humane affairs) is oft hindered in its efficacy by the intervention and opposition of other causes. Also, for the procuring of Friends, which, as particular persons, so States have need of to many purposes, much avails an Opinion and Fame of War not unwisely nor unjustly undertaken, and piously managed. For, no man is desirous to join himself to such, whom he supposeth to hold justice, piety, and faith in vile esteem.  
When, upon the grounds and reasons aforesaid, I saw most clearly, that there is among Nations a Common Law, which availeth both to Wars, and in Wars, I had many and weighty causes to write thereof. I saw, through the Christian world, such licence of going to War, as even barbarous Nations may be ashamed of; that men take Arms greedily for light causes, or none at all: which being once put on, all reverence of divine and humane Right is put off, even as if the Furies had commission given them to work all kind of mischief. In contemplation of which immanity, many good Men have gone so far, as to deny all Arms 
* Tertullian. de resurrect. carnis: Gladius benè de belle cruentus, & melior homicida.  to a Christian, whose Religion consisteth chiefly in Charity toward all the world: in which opinion seems to be sometimes, both Johannes Ferus, and my Countryman Erasmus, great Lovers of Peace both Ecclesiastical and Civil; but with that intent, as I suppose, wherewith we are wont to bend what is crooked to the other side, that it may return into straitness. Yet indeed, this endeavour of too much contradiction, is often times so far from being profitable, that it hurts, because it is easily found, that excess in some sayings takes away authority for other, even when they stand within the limits of truth. Wherefore both Parties had need of a Moderator, that it might appear, Neither nothing, nor every thing is lawful.  
And withal, my Design was, by my private study and diligence, to advance the profession of the Laws, which heretofore in public Offices I had exercised with as much integrity as I could: This comfort of my studies was left me, after I was unworthily cast out of myown Country, honoured by so many Labours of mine. Many, before me, have purposed to bring this into a form of Art, but no man hath done it perfectly: Nor is it possible, unless (which hitherto hath not been done with care enough) the things which are by Constitution be rightly separated from Natural. For, Naturals, because they are always the same, may easily be collected into Art: but the things that come from Constitution, because they are often changed, and are divers in divers places, are put without Art, as other precepts of singular things. Nevertheless, if the Priests of true Justice would undertake to handle the parts of natural and perpetual Jurisprudence (laying aside what hath its original from free will,) One of Laws, another of Tributes, another of the Judge's Office, another of the conjecture of Wills, another of proving Facts, thereupon might be composed a Body of all parts collected. What course we thought fit to take, we have showed in deed, rather than words: this work, containing that part of Juris-prudence, which is by far most noble. For in the first Book, having first spoken of the Original of Right and Law, we have examined that question, Whether any War be just and lawful. After, to know the difference 'twixt public and private War, we had to explain the nature of the Supreme Power; what States and Kings have it full, what in part; what with right of alienation, what otherwise. Last of all, we had to speak of the duty of Subjects towards their Superiors. The second Book expounds what are the Causes whence War may rise: And there we speak of Community and Propriety, Leagues, Oaths, Embassages, Punishments, etc. The third Book having expounded what is lawful in the time of War, and distinguished what is done without fault, from what is done without punishment, ends with Arguments and Peace.  
Now this Argument seemed the more worthy of our pains, because, as I have said, no man hath handled the whole; and, they that have handled the parts, have so handled them, that they have left much for another's Industry. The old Philosophers have nothing extant in this kind, neither the Greeks, among whom Aristotle made a Book, entitled, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, nor They that gave their name to new Christianism (which was much to be wished:) And the Books of the old Romans, De jure Feciali, have transmitted to us nothing of themselves, but the Title. I have seen also special Books De Jure Belli, partly by Divines, viz. Franciscus Victoria, Henricus Gorichemus, Wilhelmus Matthaei 
* Add to these Joannes de Carthagena, set forth at Rome, An. 1609. ; partly by Doctors of Law, viz. Jannes Lupus, Franciscus Arius, Joannes de Lignano, Martinus, Laudensis: But all these have said but very little of a most copious Argument; and most of them so, that without order they confounded things of Natural Law, and of Divine, and of the Law of Nations, and of the Civil, and of the Canon Law, and mingled them all together. What was most wanting to all these, the light of Histories, the most learned Faber in some Chapters of his Semestria (but as it stood with the purpose of his work, and alleging only testimonies:) Balthasar Ayala more largely, and bringing a heap of examples to some definitions, have attempted to supply. Albericus Gentilis yet more largely: by whose diligence, as I know others may, and profess myself to have been helped; so what may be wished in him, in the kind of teaching, in order, in distinguishing the questions, and several sorts of Law, I leave to the Readers judgement. This only I will say, He is wont, in determining Controversies, to follow either a few examples not always to be approved, or also the authority of the new Lawyers, in his Answers; Many whereof are framed in favour of those that consult them, not to the Nature of Right and Good. The Causes whence War may be called just, or unjust, Ayala hath not touched: Gentilis hath, as it pleased him, delineated some general heads, and hath not so much as touched many places of both noble and frequent Controversies. We have endeavoured to speak of all, showing also the fountains, whence it may be easy to define what we have here omitted.  
It remains now, that I declare briefly, with what aids, and with what care I set upon this business. First, my Care hath been, to refer the proofs of things pertaining to the Law of Nature, unto Notions so certain, that no man, without offering violence to himself, may be able to deny them. For, the principles of that Law, if you mark them well, are open and evident of themselves, even after the manner of things perceived by our outward senses: which, if the organs be well form, and other necessaries be present, do not deceive. Therefore Euripides in his Phoenissaes makes Polynices, whose cause he will have to be manifestly just, speak thus:  

* 
Haec sum prosatus, mater, haud ambagibus  
Implicita, se●… quae regulis aequi & boni  
Suffulta, rudibus pariter & doctis patent.   'tis plain, and grounded on good right,  
To th' 
* Idem Euripides Audioma●…hen Hermione dicenti: Non barbarorum more in urbe hac vivitur: respondentem facit: Quae turpia illis, hîc quoque hau●… culpâ vacant.  rude and learned clear as light.  
And presently he adds the judgement of the Chorus (which consisteth of Women, and those Barbarians) in approbation of her speech.  
I have also used to the proof of this Law, the testimonies of Philosophers 
* What else? when Alexander Severus continually read Cicero's Books, De Rep. & De Officiis. , Historians, Poets, and lastly, Orators: not that we must give credit to them without difference; for they are wont to serve their Sect, Argument, Cause; but that, where many in divers times and places affirm the same thing for certain, it ought to be referred to an universal Cause: which, in our questions, can be no other, than either right Illation proceeding from the principles of Nature, or some Common Consent. That shows the Law of Nature, This the Law of Nations. The Difference of which Laws is to be conceived, not from the testimonies themselves (for Writers do commonly use the words, Law of Nature and of Nations, promiscuously:) but from the quality of the Matter. For, that which cannot, by sure consequence, be deduced out of sure principles, and yet appears every where observed, must needs have its rise from free will and consent. These two therefore, I have still been very careful to discern one from the other, and both from the Civil Law. Yea, in the Law of Nations also, I have distinguished what is truly and in every respect Right, and what only brings forth a certain external effect, like unto that Primitive Right, viz. that it may not be resisted; or also, that every where, for some Commodity's sake, or the avoiding of great incommodities, it must be defended. Which observation, how necessary 'tis to many things, will appear in the contexture of the Work itself.  
Among Philosophers, Aristotle deservedly obtains the principal place, whether you consider the order of his discoursing, or the acuteness of his distinguishing, or the weight of his Reasons. Only I wish that Principality had not, for some Ages, gone into Tyranny; so that Truth, to which Aristotle was 〈◊〉 faithful servant, is oppressed by nothing more, than by the name of Aristotle. For my part, both here and elsewhere, I imitate the liberty of the Ancient Christians, who were sworn to no Philosopher's sect: not, that they did assent to them, who said, Nothing could be known, than which nothing is more foolish; but, that they judged no sect had seen all Truth, and not any but had some. Wherefore, to gather up Truth dispersed among them all, and diffused into Sects, into a Body, This they thought was indeed to deliver Christian Institutions 
* Lactant. Instit. l. 6. c. 9 Justin in his former Apolog. saith, The doctrines of Plato are not altogether different from those of Christ, nor altogether the same. And so of the rest. For every one saw and expressed in part. what was planted in him by reason. Tertullian calls Seneca often, ours: but saith, the university of spiritual documents, no man ever had besides Christ. Augustin. epist. 202. The good Manners, which Cicero and other Philosophers commend, are taught and learned in Churches all the world over. See the same Austin of the Platonists, who, he saith, a few things being changed, are Christians. epist. 56. & de vera relig. c. 3. & Confess. l. 7. c. 9 & l. 8. c. 2. . Our purpose is to magnify Aristotle, but with that liberty, which He, in love of Truth, indulged to himself towards his own Masters. Histories have a twofold use, as to our Argument: For they supply us with Examples, and with Sentences. The Examples have so much the more authority as the times and Nations are more virtuous: therefore we have preferred the old Greek and Roman above the rest. Nor are the Sentences or Judgements of Historians to be contemned, especially when they are agreeing: for the Law of Nature, as we have said, is in some sort proved thence; and the Law of Nations cannot be proved otherwise. Sentences of the Poets and Orators have not so much solidity: and we use them oft, not so much for proof as ornament.  
I do often use the Authority of the Books either written or approved by Men inspired of God, making a difference 'twixt the old Law and the new. Some do urge the Old Law for the very Law of Nature: erroneously, no doubt: for many things in that proceed from the free will and pleasure of God, which yet never is contrary to the true Law of Nature: and so far is an argument rightly drawn thence, while we distinguish accurately the Right of God which God sometimes executes by Men, and the Right of Men among themselves. We have therefore, to our power, avoided both this error, and another opposite to it, that thinks there is no use of the Old Covenant, since the times of the New. Our judgement is otherwise, both upon that ground now mentioned, and because such is the nature of the New Covenant, that the things pertaining to virtue and good manners, commanded in the Old, ' the same, or greater, are commanded in the New: And we see the Ancient Christian Writers have used the testimonies of the old Covenant in the same way. But, to understand the meaning of the Books belonging to the Old Covenant, no little light may be borrowed from the Hebrew Writers 
* Ira sentit Cassianus, Instit. divin. Scripture. , those especially who throughly knew the Languages and the Manners of their own Country.  
The New Covenant I use to this end, that I may teach, what cannot be learned elsewhere, what is lawful for Christians: which yet, contrary to the opinion of many men, I have distinguished from the Law of Nature; being assured, greater Sanctimony is commanded us in that most Holy Law, than the Law of Nature exacteth by itself alone. Yet have I not forgotten to observe, what is rather commended to us than commanded, that we may know, 'tis impious and penal to decline from the precepts; to aspire unto the highest perfection, is the part of a generous mind, and shall not go without reward. Synodical Canons, which are right, are Collections out of the general sentences of the Law Divine, fitted unto the present Occurrences. These also either show what the Divine Law commandeth, or exhort to that which God persuades. And this is the office of the true Christian Church, to deliver those things which are delivered to Her from God, and after the same manner wherein they are delivered. Moreover, the Customs among those old Christians, who filled up the measure of so great a name, either received or praised, justly have the force of Canons. Next to these is their Authority, who flourished among the Christians in several Ages, Men renowned for their Piety and Learning, and noted for no grievous Error. For, what these men say with great asseveration, as certain, aught to have no small moment for interpretation of things that seem obscure in Holy Scriptures: and the more, by how much greater is their Consent, and nearer access to the times of the first purity, when neither domination as yet, nor any Faction, could adulterate the Primitive Truth. The Schoolmen, that succeeded the Fathers, often show what good Wits they had: but they fell into unhappy times, and ignorant of good Arts: the less cause we have to wonder, if, among many things to be praised, they have some things to be pardoned. Yet, when they agree in matter of morality, they seldom err: having very clear eyes to perceive what was awry in the Sayings of other men. Nevertheless, in this contentious study, they give us a commendable pattern of Modesty, opposing one another with Reasons, not (which is a fashion of late times risen up to the disgrace of Learning) with reproaches, the unhandsome issue of an impotent and unruly mind.  
The Roman Lawyers are of three sorts. First are they whose labours appear in the Pandect, the Codes of Theodosius and Justinian, and in the Novel Constitutions. The second rank are they that succeeded Irnrius, viz. Accursius, Bartolus, and a number of names more, that a long time reigned in the Court. In the third place we have those, who joined polite Learning with the study of Law. To the first I owe much: for they do both often afford excellent reasons, to demonstrate that which is of the Law of Nature; and often yield testimony to the same Law, and no less to the Law of Nations: But thus, that they, as well as others, often confound these names; yea, and call that the Law of Nations, which is only of some people; and that, not as on Agreement, but, which some have received by imitation of others, or by chance. Besides, they often handle what is truly of the Law of Nations, promiscuously and indistinctly, with those things which are of the Roman Law, as appears by the Title, De Captivis & postliminio. That these things therefore might be discerned, we have taken some pains. The second sort, incurious of Divine Law, and of ancient History, was pleased to define all the Controversies of Kings and Nations out of the Roman Laws, assuming now and then the Canons. But these men also, by the infelicity of their times, were hindered from a right insight into those Laws, being otherwise subtle enough to search into the nature of Right and Good: whence it comes, that they are often very good Authors of Law to be made, even when they are bad Interpreters of Law made before. But then chiefly are they to be heard, when they bear witness to such a Custom that makes the Law of Nations of our times. The Masters of the third order, who confine themselves to the Roman Laws, and expatiate, either never, or very lightly, into that which is Common, have scarce any use in our Argument. Two Spaniards, Covarruvias and Vasquius (the latter with great liberty, the other more modestly, and not without exact judgement) have joined Scholastical subtlety with their skill in the Laws and Canons, not abstaining from the Controversies of Nations and of Kings. The French have been more studious to insert Histories in the same profession of the Laws: amongst whom, Bodin and Hottoman are of great name, the former in a continued Work, the latter in scattered Questions: whose determinations and reasons will often furnish us with matter to examine.  
In the whole Work I have proposed to myself three things; to make the reasons of defining most evident, to dispose in a certain order the matters to be handled, and to distinguish perspicuously the things which seemed to be the same, and were not. I have abstained from things that are not of this Treatise, as, those that show what is useful to be done: because they have their special consideration in the Politics, which Aristotle handles so judiciously and distinctly, as to mingle nothing that is impertinent, otherwise than Bodin hath done, in whom this Art is confounded with the Art of our Law. Notwithstanding, in some places I have mentioned what is profitable, but on the by, and that I might distinguish it more plainly from the question of just. He will do me injury, that thinks I had an eye upon any Controversies of our Age, either already up, or like to rise. For I profess sincerely, as Mathematicians consider Figures abstract from Bodies, so have I in treating of Right, elevated my Meditations above all particular Actions. As to the stile and manner of speech, I was not willing, by adding a multitude of words to the multitude of matter, to cloy my Reader, whose Good I intended. I have therefore followed, as near as I could, a concise and plain way of expression convenient to a Teacher: that such as have a hand in public Affairs may here behold, as in one view, both what Controversies are usually incident, and what are the Principles whereby they may be judged: which being known, it will not be difficult to accommodate that which is said to the subject matter, and to extend it as much as you will. I have sometimes alleged the very words of ancient Writers, where they were such, that they might seem spoken with authority, or with a singular grace: which I have done in the Greek too now and then, but especially where either the sentence was short, or whose Elegancy I could not hope to equal by my translation.  
To conclude; the Liberty I have taken to myself in judging the Sentences and Writing of other men, let All, I humbly entreat them, into whose hands this Book shall come, take the same to themselves upon me. They shall not more readily admonish me of any error, than I will obey their admonition. And at this instant, if here be any thing spoken by me diffentaneous to piety, or good manners, or holy Scripture; if any thing against the Consent of the Christian Church, or against any Truth, with all my heart I wish it never spoken.   


I. Of the Lawfulness of War.  
II. Of the Causes of War.  
III. Of what is lawful to be done in War.   
THE CONTENTS.  

I. PART.  
I. WHat is War. pag. 1.  
II. What is Law. 2  
III. Of Natural Law. 2  
IU. Of the Law of Nature and Nations. 5  
V. The proof of Natural Law. 5  
VI Of Voluntary humane Law. 6  
VII. Voluntary Divine Law. 7  
VIII. That the Law given to the Hebrews, obligeth not other Nations. 8  
IX. What Arguments Christians may deduce from Moses Law, and How. 10  
X. That War is not against the Law of Nature. 12  
XI. Further proof out of the Sacred History. 15  
XII. That War is not contrary to the Voluntary Divine Law before the time of the Gospel. 17  
XIII. Of the Gospel-Law. 22  
XIV. That War is not against the Gospel-Law. The first Argument. 25  
XV. The second Argument. 27  
XVI. The third Argument. 29  
XVII. The fourth Argument. 30  
XVIII. The fist Argument. 31  
XIX. The sixth, seventh, and eighth Arguments. 33  
XX. The ninth, tenth, and eleventh Arguments. 35  
XXI. Objections answered. The first. 37  
XXII. The second Objection answered. 38  
XXIII. The third Objection answered. 43  
XXIV. The fourth Objection answered. 46  
XXV. The fifth, sixth and seventh Objections answered. 48  
XXVI. Of the opinion of the Ancient Fathers. The first Observation. 50  
XXVII. The second Observation. 53  
XXVIII. The third Observation. 54  
XXIX. A Confirmation of the Lawfulness of War, out of the Ancients. 56  
XXX. Further proof out of Ecclesiastical History. 58  
XXXI. The twelfth Canon of the Nicene Council objected and answered. 60  
XXXII. Leo's Epistle objected and answered. 63  
XXXIII. The last proofs out of Church-story. 64  
XXXIV. That all private War is not unlawful by Natural Law. 66  
XXXV. Nor by the Law Evangelical. Objections proposed. 69  
XXXVI. The lawfulness of Private Defence confirmed. 71  
XXXVII. The Objections answered. 72  
XXXVIII. Public War solemn, or less solemn. 76  
XXXIX. Of War waged by inferior Magistrates. 79  
XL. Wherein consisteth Civil Power 83  
XLI. What Power is Highest. 84  
XLII. That the Highest Power is n●… always in the People. 86  
XLIII. The same further proved. 90  
XLIV. Arguments to the contrary answered. 9●…  
XLV. Of mutual Subjection. 9●…  
XLVI. Cautions for the understanding of the true opinion. The first. 9●…  
XLVII. The second Caution. 10●…  
XLVIII. That some highest Empires are holden fully, that is, alienably. 10●…  
XLIX. Some highest Empires are not holden fully. 109  
L. A further manifestation of the second Caution. 110  
LI. A third Observation. 111  
LII. The fourth Observation. 114  
LIII. A further explication of the last note, about division of Power, and mixture. 116  
LIV. True Examples of the Supreme Power divided. 118  
LV. Whether he can have Supreme Power that is comprehended in an unequal League. 123  
LVI. An Objection answered. 126  
LVII. Another Objection answered. 129  
LVIII. That the Highest Power may consist with paying of Tribute. 132  
LIX. That the Highest Power may be holden in Fee. ibid.  
LX. The Right and Exercise of it distinguished. 134  
LXI. Of the War of Subjects against their Superiors. The question stated. 135  
LXII. By the Law of Nature, War upon Superiors, as such, is not ordinarily lawful. 136  
LXIII. Nor is it allowed by the Hebrew Law. 138  
LXIV. Lest of all by the Evangelical Law. The first proof out of St. Paul. 139  
LXV. The second proof out of St. Peter. 143  
LXVI. Further proof from the Examples of the ancient Christians. 144  
LXVII. It is not lawful for the Inferior Magistrates to make Wa●… upon the Highest. 147  
LXVIII. In case of extreme and in evitable Necessity, what may b●… done. 149  
LXIX. The King's Person sacred 154  
LXX. of Christian Subjection. 156  
LXXI. The famous example of the Thebaean Legion. 158  
LXXII. In what cases Force is lawful against a Prince. 16●…  
LXXIII. How far we must obey a●… Invader of another's Empire. 16●…  
LXXIV. Whether it be lawful to kill an Invader, or expel him by force, and in what cases. 166  
LXXV. Who may lawfully wag●… War. 170   

II. PART.  
I. WHat are called the Justifiek Causes of War. 173  
II. Three just Causes of Wars. 176  
III. War is lawful in defence of life, only against an Assailant, and in present certain danger 177  
IV. Of the loss of a member, and defence of Chastity. 181  
V. Defence may lawfully be omitted. 182  
VI Defence is unlawful sometimes against a Person very profitable to the Public. 183  
VII. It is not lawful to kill another for to avoid a box on the ear, or the like disgrace. 185  
VIII. In defence of Goods, to kill a man is not unlawful by the right of Nature. 188  
IX. How far the same is permitted by the Law of Moses. ibid.  
X. Whether, and how far it is permitted by the Evangelical Law. 192  
XI. Whether the Civil Law permitting one to kill another in his own defence, give a right, or only impunity. 193  
XII. When a single Combat may be lawful. 194  
XIII. Of Defence in Public War. 195  
XIV. It is not lawful to take Arms, to diminish a Neighbour's power. 196  
XV. Defensive War also is unjus on his part, who gave just cause o●… War. ibid.  
XVI. The Rise and Progress of Propriety. 198  
XVII. Some things cannot be mad●… proper, as the Sea taken for the whole, or principal parts, and why 204  
XVIII. Of things that may be made proper. 205  
XIX. Over things made proper, men have a right to use them i●… time of necessity, and whence i●… comes. 20●…  
XX. Three Cautions to be applied to this case of necessity. 209  
XXI. An example of this right in Wars. 210  
XXII. Another right of men over things proper, without damage to the Owner. 211  
XXIII. The right of Passages explained, by Land and Water. 212  
XXIV. Of passage for merchandise, and of impost. 215  
XXV. The right of staying for a time, of inhabiting, and having desert places. 218  
XXVI. Of Oaths. How great their virtue is even in the opinion of Pagans. 220  
XXVII. In an oath is required a deliberate mind. 222  
XXVIII. In what sense the words of an Oath bind. 223  
XXIX. An Oath deceitfully procured, when binding. Of Josua's oath. 226  
XXX. The words of an Oath not to be extended too far. 228  
XXXI. An Oath binds not, being made of unlawful Matter. 229  
XXXII. Or which hinders a greater moral Good. 230  
XXXIII. Of Oaths about things impossible. 231  
XXXIV. In Oaths God is named, and in what sense. ibid.  
XXXV. In Oaths also other things are named with respect to God. 232  
XXXVI. Of swearing by false Gods. 234  
XXXVII. The Effect of an Oath. 235  
XXXVIII. When an Oath gives 〈◊〉 right to God and Man, when 〈◊〉 God alone. ibid.  
XXXIX. Of an Oath to a Pirate, o●… to a Tyrant. 236  
XL. Of an Oath to one that is perfidious. 238  
XLI. Of the Heir's obligation. ibid.  
XLII. Two cases wherein the Obligation ceaseth. 239  
XLIII. Of that which is done again●… one's Oath. 240  
XLIV. What Superiors can do about the Oaths of their Subjects ibid.  
XLV. What Oaths are properly mean●… in the charge of Christ against swearing. 242  
XLVI. Of Faith given without an Oath. 245  
XLVII. Of Leagues. They are lawful with Aliens from true Religion by the Law of Nature. 246  
XLVIII. They are not universally forbidden by the Hebrew Law. ibid.  
XLIX. Nor are they forbidden by the Evangelical Law. 252  
L. Cautions about such Leagues. 255  
LI. All Christians are obliged to join in League against the Enemies of Christianism. 256  
LII. If divers Confederates wage war, which is to be aided. 257  
LIII. Of the Dissolution of a League. 258  
LIV. Of Interpretation. 259  
LV. How words of art are to be interpreted. 261  
LVI. Interpretation by Conjecture. 262  
LVII. Some Distinctions and Rules for interpretation. 263  
LVIII. Whether in the name of Confederates are contained those that shall be so. 266  
LIX. One shall not wage war without leave of the other, How understood. And, That Carthage shall be free. 268  
LX. Of Agreements Personal and real. 269  
LXI. A League made with a King is extended to him being expelled, not to the Invader. 272  
LXII. To whom a promise made to the First is due, when more have performed a thing together. 273  
LXIII. How far States are accountable for damages done by their Subjects. 274  
LXIV. Of the right of Embassages. 276  
LXV. Among whom the right of Embassages hath place. ibid.  
LXVI. Whether an Embassage be always to be admitted. 278  
LXVII. Of not violating Ambassadors. 280  
LXVIII. The Law in favour of Ambassadors binds not him to whom he is not sent. 286  
LXIX. An Enemy to whom an Ambassador is sent, is bound. 288  
LXX. Ambassador's may not be wronged by way of retaliation. 289  
LXXI. The Companions also of Ambassadors, and their Goods, are inviolable. 290  
LXXII. The Right of Ambassadors vindicated by War. 293  
LXXIII. Of the right of Burial. It springs from the same Law of Nations. 293  
LXXIV. What was the first Cause of this Custom. 296  
LXXV. Burial is also due to public Enemies. 301  
LXXVI. Whether burial be due to notorious Malefactors. 302  
LXXVII. Whether it be due to those that have killed themselves, to the sacrilegious, and traitorous. 304  
LXVIII. Of Punishments. The definition of punishment, and the Original. 309  
LXXIX. Who should punish an evil-doer. 311  
LXXX. Of the End of punishment. 312  
LXXXI. In what sense Revenge is naturally unlawful. 314  
LXXXII. The Utility of Punishment is three fold. 317  
LXXXIII. Of punishing a Delinquent for his own benefit. 318  
LXXXIV. Of Punishment for his profit who is offended, and of Revenge by the Law of Nations. 320  
LXXXVI. The End of Punishment is also the profit of all. 325  
LXXXVII. What the Evangelical Law hath constituted about this matter. 328  
LXXXVIII. An Objection taken from God's mercy, in the Gospel, answered. 334  
LXXXIX. Another Objection answered, about precision of Repentance. 335  
XC. Three Inferences from the former Doctrine. 337  
XC. Whether humane Laws, that permit the kill of some men, give the killers a true right before God, or only impunity among men. 339  
XCII. What acts are not punishable by men. 340  
XCIII. That it is lawful to pardon both before and after the penal Law. 344  
XCIV. Causes of freeing one from punishment of Law. 348  
XCV. Of war for punishment; and whether war be just for Offences begun. 350  
XCVI. War for violation of Natures Law. 352  
XCVII. Three Cautions to be observed. 356  
XCVIII. Whether war may be undertaken for Offences against God. 358  
XCIX. Four most common principles of Religion. 362  
C. The first violators of these may be punished. 365  
CI. Wars are not justly made against them that will not embrace Christian Religion. 370  
CII. Justly against them, that deal cruelly with Christians, only for Religion's sake. 373  
CIII. Not against them who are mistaken in the sense of Scripture. 375  
CIV. Justly are they punished that are irreverent to the Gods they own. 379  
CV. Of Communication of Punishment. How it passeth to partakers of the fault. 380  
CVI The Community or Rulers are engaged by their subjects fault, if they know, and do not forbid it when they ought. 381  
CVII. Likewise, if they receive them that have offended elsewhere, unless they punish them, or yield them up. 384  
CVIII. Whether the persons yielded up, and not received, remain Citizens. 387  
CIX. That the rights of Suppliants belong to the miserable, not to the guilty; with the exceptions. 388  
CX. How Subjects are partakers of the faults of their Rulers, or parts of the whole, and how their punishments differ. 392  
CXI. How long the right of punishment lasts against a Community. 394  
CXII. Whether the punishment may pass without communication of the fault. Two distinctions here needful. 396  
CXII. None is justly punished (in propriety of speech) for another's fault. 400  
CXV. Of unjust Causes. Causes of War, some are justifiable, others suasory. 407  
CXVI. Wars without any cause are wild and brutish. 409  
CXVII. Against wars, which have not justifick causes, or not truly such. 409  
CXVIII. Fear of an uncertain danger, no just cause of War. 411  
CXIX. Of some other unjust causes. 413  
CXX. Of the title of universal Emperor. 415  
CXXI. Of the Empire of the Church. 417  
CXXII. Of a desire to fulfil prophecies. 420  
CXXIII. Of that which is due, not by strict justice, but otherwise. 421  
CXXIV. A distinction of War, unjust in respect of the cause, or of some accident. ibid.  
CXXV. Of doubtful cases. Whence doubts do arise in moral matters. 423  
CXXVI. Nothing is to be done against ones own judgement, though crring. 424  
CXXVII. How the judgement is drawn either way. 425  
CXXVIII. In doubtful cases, the safer way is to be taken. Three ways to avoid a doubtful war. 426  
CXXIX. Whether war may be just on both sides. 432  
CXXX. Admonitions. For the eschewing of war, Right is often to be remitted. 434  
CXXXI. Punitive right especially is to be remitted. 4●…6  
CXXXII. Again, of the remission of punishment. 438  
CXXXIII. War is to be declined in favour of ourselves, and our own party. 440  
CXXXIV. Rules of prudence about the election of good. 442  
CXXXV. An example of a debate about Liberty and Peace. 444  
CXXXVI. He that is not much the stronger, aught to remit punishment. 447  
CXXXVII. War not to be undertaken, but upon necessity, or upon greatest cause, with greatest opportunity. 448  
CXXXVIII. The evils of War. 449  
CXXXIX. Of War for others. And first for Subjects. And, whether an Innocent person may be yielded up. 451  
CXL. War may also be undertaken justly for Confederates, for Friends, yea for all men. 455  
CXLI. Whether man is bound to defend man, and one people another. 457  
CXLII. Whether War be just to relieve the Subjects of Another. 458  
CXLIII. Concerning Soldiers of Fortune. 461  
CXLIV. Of just Causes, that War may be waged by those that are under others command. Who they are, and what they should do, where they are left free. 462  
CXLV. What they should do, when they are commanded to war, and believe the cause of the war to be unjust. 463  
CXLVI. What they should do, when they are in doubt. 466  
CXLVII. Such are to be dispensed with, upon payment of extraordinary tribute. 471  
CXLVIII. When the Arms of Subjects are just in an unjust War. 472   

III. PART.  
I. HOw much is lawful in War. General Rules. First, things are lawful in war, which are necessary to the end. 475  
II. The second Rule. Right is considered, not only in respect of the first, but after-causes. 477  
III. The third Rule. Somethings follow without injury, which could not be lawfully intended. 478  
IU. What is lawful against them that send things to the Enemy. 480  
V. Whether it be lawful to use Guile in war. 483  
VI Guile in the negative act is not unlawful. 485  
VII. Guile in the positive act, when lawful. 486  
VIII. Whether Guile by acts signifying by agreement be lawful? The difficulty of the question. 490  
IX. Not all use of speech, which may be known will be taken in another sense, is unlawful. 492  
X. The form of a Lie, as it is unlawful, consists in its repugnance to the right of Another. 494  
XI. Five illations thence, about the lawfulness of speaking false. 497  
XII. False-speaking, whether lawful toward Enemies. 500  
XIII. This is not to be extended to promising words, nor to Oaths. 504  
XIV. It is more grievous and agreeable to Christian simplicity, to abstain from false speech also against an Enemy. 505  
XV. It is not lawful to make a Traitor; it is, to use him. 508  
XVI. Goods of Subjects bound for the Ruler's debt. Naturally none is bound for another's debt but the Heir. 509  
XVII. By the Law of Nations Subjects are tied for the debts of the Ruler. 511  
XVII. An example hereof in the apprehension of men and of goods. 513  
XVIII. Of Reprizals, after right denied. Life is not engaged. 514  
XIX. A distinction, in this matter, 'twixt the Law Civil, and the Law of Nations. 516  
XX. Of just and solemn war, by the Law of Nations. Between whom this war is; and, That it must be denounced. 518  
XXI. In denouncing war, what is of the Law of Nature, what proper to the Law of Nations. 522  
XXII. War proclaimed against any one, includes his Subjects and Adherents: But, not as considered by themselves. 526  
XXIII. The cause why Denunciation is requisite to some effects, which are not found in other wars. 527  
XXIV. War may be indicted and waged together. War indicted for violation of Ambassadors. 529  
XXV. The right of kill Enemies in a solemn War. The effects of that War in general. 530  
XXVI. Lawful is distinguished into that which is done without punishment, and that which is done without fault. 531  
XXVII. The effects of solemn war generally considered, are referred to the latter sense of lawful, in respect of impunity: And, why such effects were introduced. Testimonies. 534  
XXVIII. Of Strangers found in an Enemy's Country. 537  
XXIX. The Enemy's Subjects may every where be offended. This right extends to Infants and Women; to Captives, and such as yield themselves without Conditions. 538  
XXX. That right ill referred to other causes. It reacheth also to Hostages. 542  
XXXI. By the Law of Nations, it is forbidden to kill with poison. Of poisoning weapons, and waters. 544  
XXXII. Whether it be against the Law of Nations to use Murderers. 547  
XXXIII. Of ravishing of Women in war. 551  
XXXIV. Of Waste. The Enemy's Things may be spoilt. 553  
XXXV. Of spoiling things sacred and religious. 554  
XXXVI. About acquisition of things taken in war. What is the Law of Nature: what, of Nations. 558  
XXXVII. When movable Goods are by the Law of Nations judged taken: when Lands. 562  
XXXVIII. Things that are not the Enemies are 〈◊〉 acquired by War. Of Goods found in the Enemi●… Ships. 564  
XXXIX. By the Law of Nations, the things are mad●… ours, which our Enemies took from others by war. 565  
XL. Of the right over Captives. Their condition, an●… the reason of it. 567  
XLI. This right over Captives prevailed not among 〈◊〉 Nations, nor doth it prevail among Christians. 570  
XLII. Of Empire over the Conquered. 571  
XLIII. Admonitions about things done in an unju●… War. 575  
XLIV. A Temperament about the right of kill i●… a just War. General Rules. 581  
XLV. Children, Women, Old Men, Priests, Scholars Husbandmen, are to be spared. 589  
XLVI. Captives, and they that yield, are not to b●… killed. 594  
XLVII. Objections answered. 59●…  
XLVIII. The Multitude spared. Hostages spared Needless Fights to be avoided. 601  
XLIX. A Temperament about Waste, and the like. What Wast is just; when not to be made. 604  
L. Things sacred and religious are not to be spoilt. 611  
LI. The Utilities of Moderation. 615  
LII. A Temperament about things taken. 618  
LIII. A Temperament about Captives. 621  
LIV. A Temperament about acquisition of Empire. 631  
LV. Restitution of things unjustly taken away. Questions answered. 641  
LVI. Of Neuters in War. How they are to be used, and how to behave themselves. 645  
LVII. Of things done privately in public War. 650  
LVIII. Admonitions touching Faith and Peace. Conclusion. 657    

HUGO GROTIUS OF WAR AND PEACE.  

I. PART.  

I. What is War.  
WAR is the State of those that contend by Force, as they are such. Which general Description comprehends all sorts of War that we shall speak of. For I exclude not here the Private, which indeed hath priority, and without question hath the same nature with the Public; and therefore may properly be denoted by the same word. But if the name of War beat any time given only to the Public, it is as many other general words are, often applied particularly to that 
* Philo. 2. de leg. special. Hests non soli existimantur qui 〈◊〉 Naudi aut T●…rrestri praelio decertant, sed pro talibus habendi et qui machinas admovent portubus aut manibus, eti●…st nondum pugnam incipiunt Se●…v. ad illud primae A 〈◊〉 Nec bello major et armis. Bellum et Consilium habet: arma tantum in actu ipsi sunt.  Species that is most excellent.   

II. What is Law.  
LAW, taken in the largest sense, is a Rule of Moral Actions, obliging to that which is Right. We say Obliging; For Counsels and other Precepts, though right, yet not obliging, are not called Laws; and Permission properly is not the Action of Law, but the Negation of that Action, unless as it obligeth some other not to hinder him that is permitted. We said, obliging to that which is Right, not simply to that which is just; because it pertains not to Justice only, but to other virtues 
* For example, Zaleucus made a law inflicting punishment upon him, that against his Physician's Precept, drank Wine. . The best division of Law is out of Aristotle, into Natural and Voluntary.   

III. Of Natural Law.  
NAtural Law is the Dictate of right Reason 
* Philo. Lex mentiri nescia est ●…ecta ratio, quae lex, non ab hoc aut illo mortali mortalis, non in Chartis aut 〈◊〉 exanimis oxa●…ima, sed cocumpt nescia, quipye ab immortali natura insculptain immortali intellectu. Tertul. Quaeres igitur Legim Dei, habens communim illam in publico mundi, in naturalibus rabulis. Vid. Chiysost. 12. et 13. de star. Thom. second 57 2. & Sco●…. 3. 37.  showing moral turpitude, or moral necessity to be in some act, by its convenience or disconvenience with the Rational Nature: and consequently that it is forbidden or commanded by the Author of Nature, God. The Acts, concerning which is ●…ant ●…uch a dictate, are due, or unlawful of themselves, and therefore are conceived necessarily to be commanded of God, or forbidden. By which note, this Law differs not from humane only, but from the Divine vo untary; which doth not command or forbid what is by itself and in its own nature, due or unlawful; but by forbidding makes the thing unlawful, and by commanding makes it due. For the better understanding of Natural Law, we must observe, some things belong unto it not properly, but reductively, viz. the things whereto the Law Natural is not repugnant: So are things called just, which are without in justice. Sometimes also by abuse of the word, the things which Reason alloweth for honest and better than the opposite, although they be not due and necessary, are said to be of the Law Natural. Observe farther, this Law is not only conversant about things not subject to human pleasure, but about many things also which are consequent to the Acts of Man's Will. So the Will of Man introduced Dominion, such as is now in use: But, that being introduced, the law of 
* Furtum natura turpe Ulpian. Namque odit jose vim Deus: nec  Nature tells me 'tis wickedness for me to take away, without thy consent, that which is under thy dominion. 
divites nos esse rapto, sed probe partu cupit. Eurip. H●….  Moreover the Law of Nature is immutable: yet sometimes it comes to pass that in the Acts determined by that Law, a seeming mutation deceius the unwary; when in truth the Law of Nature is the same, but the matter about which it is, is changed. For example, If my Creditor accounts the debt I owe him as received, I am not bound to pay: The reason is not, because the Law of Nature is become more indu●…gent, & requires me not to pay what I owe; But because by the indulgence of my Creditor the debt is forgiven me. So if God command a person to be slain, or his Goods to be taken away, it will not follow that Manslaughter or Theft is lawful; which words include a Vice; but the act is not Manslaughter or Theft which is done at his command who is supreme Lord of our Lives and Goods. Lastly, there are some things that do not simply, but in such a state of affai●…s, belong to Natural Law: as the common use of things was natural before Dominion was introduced; and before positive Laws, every man had right to get his own by force.   

IV. Of the Law of Nature and Nations.  
AS for that distinction extant in the Roman Law-Books, between the immutable Law, common to other Creatures with men, (called the Law of Nature;) And that which is proper to men alone, (usually called by them the Law of Nations,) it is of very little or no use. For no nature, that hath not the use of general precepts, is properly capable of a Law 
* In equis, in leonibus jusli●…iam non di●…imus. C c Offic. 1. . If at any time 
* Pliny notes a likeness of Justice in Elephants. 〈◊〉 8. and he speaks of an Asp that killed her own young one, because that young one had killed the man's son that entertained her. l. 10. c. 74. Sen. Muta animalia, ai●…, humanis aff●…cti-bus carent: habent autem similes illis quosdam imp●….  Justice is attributed to the brute creatures, it is improperly, for that there is in them some shadow and print of reason. Whether the act itself, determined by the Law of Nature, be common to us with other creatures, as the breeding up of our Issue; or proper to us, as the worship of God, it is not in this respect material.   

V. The proof of Natural Law.  
A Thing is proved to be of Natural Law two ways, à priori, or à posteriori. That way of proof is more subtle, this more popular. The proof is à priori, if we show the necessary convenience or disconvenience of any thing to the rational and social nature; à posteriori, if, though not with full certainty, yet very probably, we conclude that to be a point of Natural Law, which is received for such amongst all, or at least the most civil Nations. For an universal effect hath an universal cause; and of so general an opinion, there can hardly be any other cause, but sense itself which is called common 
* Argumentum veritatis est aliquid omnibus videri. Sen. . But I said, with good reason, the 
* Non 〈◊〉 penitus est vana est senten●…a, multi quam populi celebrant. Hesiod. Tertul. Quod apud multos unum invenitur, non est erratum sed traditum.  more civiil Nations; for as the Philosopher hath it, 
* Justin coll cum Tryph. Exceptis illis qui ab impuris spiritibus abrenti & per malam educationem, instituta prava & le●…es iniquas corrupti naturales notiones perdiderunt.  What is natural we must judge by those in whom nature is least corrupt, and not by the depraved. 
* Arist●…t. Polit. 1. 5.    

VI Of Voluntary Humane Law.  
THe other kind of Law is Voluntary, which draws its original from the will. And this is either Divine, or Humane Law. We begin with Humane, because more known. And this is either Civil, or of larger extent, or of less extent than Civil. The Civil Law is that which proceeds from the Civil power. The Civil Power is that which rules the Commonwealth. And a Commonwealth is a society of Freemen united for their common benefit. The Law of less extent, and that comes not from the Civil power, though subject to it, is various, containing the precepts of Fathers, Masters, and such like. That of larger extent is the Law of Nations, i. e. which by the will of all, or of 
* jasqu. 2. controv. 54. 4.  many nations hath received force to oblige. I add, of many, because there is scarce found any Law, besides the Natural, (which is also called the Law of Nations) common unto all. Y●…a, ofttimes in one part of the world, there is not the same Law of Nations as in another: as we shall show hereafter. This Law of Nations is proved in the same manner with the unwritten Civil Law, by continual use and the testimony of skilful men. And to this purpose Historians are of singular profit.   

VII. Voluntary Divine Law.  
VOluntary Law Divine (as the words at first sound inform us) is that which hath its rise from the will of God; whereby it is distinguished from Natural Law, that may be also, as we have said, entitled Divine. Here hath place that indistinct 
* Anaxarchi apud Plut. in Alex.  saying: God wills it not, because 'tis just; but 'tis just, (i. e. due in Law) because God wills it. This Law was given either to mankind, or to one people; thrice to mankind; presently after the creation, again in the restauration after the flood, lastly in that more sublime restauration by Christ. All these Laws doubtless oblige all men, after they have sufficient notice of them.   

VIII. That the Law given to the Hebrews obliged not other Nations.  
THe Hebrews were the only people in all the world, to whom God peculiarly gave his Laws, as Moses, and the Psalmist tell them. And certainly 
Deut. 4. 7. Ps. 147.  those Jews are out (one is Trypho in his disputation with Justin) who think all strangers, if they will be saved, must take upon them the yoke of the Hebrew-Law. No Law binds them to whom it was not given; To whom this Law was given, the Law itself speaketh, Hear O Israel! With them the Covenant is made; They are taken for a peculiar people of God, as Maimonides confesseth, and proves out of Deut. 33. 4. Amongst the Hebrews indeed there always lived some strangers 
* These pious men of the Gentiles, as Maimonides often faith, shall be partakers of future happiness.  that feared God, such as Cornelius, Acts 10. and the worshipping Greeks, Acts 17. These, as the Hebrew Masters say, were bound to observe the Laws given to Ad●…m, and to Noah, namely to abstain from Idols and from blood: but to the proper Laws of the Israelites they were not bound. The Prophets when they Preached unto the Gentiles never imposed on them a necessity to submit to Moses Law. And the Jews in 
* Antiqu. 22. 2.  Josephus said well, that God might be worshipped and his favour obtained without circumcision 
* Tryphon Justino sic air. Si in illa Philosophandi ratione mansisses erat tibi reliqua spes aliqua status 〈◊〉. Gal. 5. 3. . For, the reason why many strangers were circumcised, and by circumcision bound themselves to the Law (as Paul explains it) was to procure the Privileges of that Commonwealth (for such Proselytes 
* Justin. coll. cum Tryph. 〈◊〉 qui circum●… populo se aggregavit par est indigenae.  had the same right with native Israelites) and to partake of those promises which were not common to mankind, but peculiar to the Hebrew people. Ye●… I deny not, in after times it grew to an erroneous opinion in some, as if without Judaisim were no salvation. That we are bound by no part of the Hebrew Law, as it is properly Law, we collect hence, because all obligation, except by the Law of nature, comes from the will of the Law-give●…: but, that it was the will of God, others besides the Israelites should be holden by that Law, we have not the least intimation. Wherefore, as to us, there is no abrogation of that Law; for how could it be abrogated in respect of them whom it never obliged? From the Israelites indeed is the bond taken off, as to Rituals, presently after the first publication of the Gospel (which was revealed to Peter Acts 10.) and as to other points, after that people by the overthrow of their City and their utter desolation, without all hope of restitution, ceased to be a people. But, for us foreiners, we obtained not this by the coming of Christ, to be freed from Moses Law: but, we who before had only an obscure hope placed in the goodness of God, are now sustained with a perspicuous Covenant, and the Hebrews Law, the partition Wall between us, being taken away, we are incorporated with them into one Catholic Church.   

IX. What arguments Christians may deduce from Moses Law, and how.  
NOw, seeing the Law given by Moses cannot induce upon us a direct obligation, as we have showed; let us see what other use it may have, both in this of War, and other the like questions. To know this is very useful to many purposes. First then, the Hebrew Law doth manifest, that which is commanded in that Law not to be against the Law of Nature. For, the Law of Nature, as we have said, being perpetual and immutable, it consisteth not with the justice of God to command any thing contrary unto it. Moreover, the Law of Moses is called pure and right by the Psalmist; and, by the Apostle, 
P●…. 19 Rom. 7.  holy, just and good. I mean the precepts; for, of the permissions we must speak more distinctly. Legal permission (for that which is merely of fact, and signifies removal of the impediment, is not pertinent here) either is plenary, which gives a right to do a thing lawfully; or less than plenary, which only gives impunity among men, and a right that no other can lawfully hinder the doer, From the former permission, as from a pr●…cept, it follows, that the thing permitted is not against the Law of Nature: not, from the later. But this consequence seldom is of use: because, the permitting words being ambiguous, we must rather, by the Law of Nature, interpret what kind of permission is meant, than from such a kind of permission prove it to be the Law of Nature. Our second observation is, That it is now lawful for Christian Governors to make Laws of the same sense, with the Laws given by Moses: unless the whole substance of any Law concern the time of Christ expected, and of the Gospel not yet revealed; or, unless Christ himself, either in general or in special, hath ordained the contrary. For, no other reason can be imagined, why any of Moses constitutions can be now unlawful. A third observation's this: Whatsoever pertaining to the virtues Christ requires of his Disciples, is given in precept by Moses, the same is now also, if not more, to be performed by Christians. The ground of this observation is, that the virtues required of Christians, as Humility, Patience, Love, are required in a greater degree 
* Chrysost. de Virgin. 94. Major 〈◊〉 vi●…tus ostenden da est, qu●…a multa nuno spiritus essusa est gratia, & ingens donum est Christi adventus. & v. Iren. l. 4. c. 26. Heb. 7. 19 8. 7. Rom. 10 5. Gal. 3. 25.  than they were in the State of the Hebrew Law. And justly, because also the heavenly promises are much more clearly proposed in the Gospel. Hence, in comparison of the Gospel, is the old Law said to have been neither perfect nor faultless; and Christ is called the end of the Law; and the Law a Schoolmaster to bring us unto Christ. So, that old Law of the Sabbath, and that other of Tithes 
* V Iren. l. 4. c. 34. & Chrys. ad Eph. 11. 10.  do show, that Christians are obliged to separate no less than a seventh part of their time for God's service; nor less than a tenth of their fruits, for the maintenance of his Ministers, and the like pious uses.   

X. That War is not against the Law of Nature.  
WE said afore, when the question is about the Law of Nature, the 
Ex. l. 1. c. 2.  meaning is, whether a thing may be done, not unjustly: and, that is unjust which hath a necessary repugnance to the rational and social Nature. Now, among the first principles of Nature, there is nothing repugnant unto War; there is much in favour of it. For, both the end of War, the conservation of life and members, and the keeping or acquiring of things useful unto life, is most agreeable unto those principles: and, if need be, to use force to that purpose, is not disagreeable, since every living thing hath, by the gift of Nature, 〈◊〉 strength, to the end it may be able to help and defend it se●…f. Galen 
* Dente lupus, cornu taurus petit; unde nist intu●… monstratum? Hor.  saith, that Man is by nature fitted for Peace and War; though coming into the world unarmed, yet he hath a hand fit 
* De usu part 1.  to provide and to handle arms; which also Infants, we see, of their own accord without a teacher make use of for a weapon. So Aristotle 
* De part. anim. 4. 10.  saith, the hand is to man instead of a spear, of a sword, of any arms whatsoever; because it can 
* Cassiodor. de anima. Et quoniam neque cornu, neque dente, neque fuga (sicut alia animalia) corporis humani formase praevalet vindicare, robustus illi thorax, brachiaque concessa sunt: ut illatam insurtam mann defenderet, & objectu corporis quasi quodam clipeo vindicare●….  take and hold all. Moreover, Right reason and the nature of society inhibites not all force, but that which is repugnant to society, that is, which depriveth another of his right. For the end of society is, that by mutual aid every one may enjoy his own. This were so, although the Dominion and propriety of possessions had not been introduced; for life, members, liberty would yet be proper to every one, and therefore could not without injury be invaded by any other. And, to make use of what is common, and spend as much as may suffice nature would be the right of the occupant. Which right none could without injury take away. This is more plain, since by Law and use Dominion is established: which I will express 〈◊〉 Tully's words: If every member shoul●… 
De offic. 3.  think to gather more strength by drawing to itself the strength of the member next it, the whole body must needs 〈◊〉 weakened and destroyed: So, if every one of us snatch unto himself the commodities of other men, and draw away from every one what he can to advantage himself, humane society cannot stand. Nature gives leave to every man, in the acquisition of things useful, to supply himself before another; but by the spoili of another to increase his own store, that nature doth not permit. It is not then against society to provide for one self, so that another's right be not diminished: nor is that violence unjust, which doth not violate the right of another, as the same Author saith: Of the two kinds of contention, by debate, and by force, the one agreeing to men, the other more becoming beasts, we must fly unto the later, when the former will not serve. And elsewhere: 
Epist. Fam. 12. 3. L. 1. Sect. Vim vi. D de vi & vi arma●….  What is there that can be done against force, but by force? Ulpian saith: Cassius writes, that it is by nature lawful to repel force by force; and arms by arms. 
* Armaque in armatos sumere jura sinunt. Ovid. Caius Juriscons. Adversus periculum natura●… ratio permittit se defendere.    

XI. Further proof, out of the sacred History, that all War is not against the Law of Nature.  
THis is further proved out of the sacred History. For when Abraham having armed his servants and friends, pursued the four Kings that had spoiled Sodom, and returned with victory, God by his Priest Melchizedeck approved his action. Blessed be the most high God, said Melchisedeck, who hath 
Gen. 14. 〈◊〉.  delivered thine enemies into thine hand. Abraham, as appears by the story, had taken Arms without any special commission from God: therefore the Law of Nature was his warrant, whose wisdom was no less eminent than his sanctity, even by the report of aliens, namely of Berosus and Orpheus. The History of the seven Nations, whom God gave up to be destroyed by the hand of Israel, I shall not use: because there was a special mandate to execute God's judgement upon people guilty of the greatest crimes; Whence, in the Scripture, these Wars are properly called the Wars of God, undertaken by his command not by humane Coun●…el. It is more pertinent, that the Hebrews, under the conduct of Moses and Joshua, when they were opposed by the Amalekites, repulsed them by Armies. The Action was 
Exod. 17.  not set upon by God's command, yet was it approved by him after it was done. Moreover, God hath prescribed to his people general and perpetual Laws of waging War, thereby showing, War 
Deut. 20. 10. 15.  may be just even without his special mandate. For he doth plainly distinguish the cause of the seven Nations from the cause of other people: and prescribing nothing about the just causes of entering into War, thereby shows them to be manifest enough by the light of nature, as t●…e cause of defending the frontiers in the War of Jephtha against the Ammonites; and the cause of Ambassadors 
Jud. 11.  violated in the War of David against 
2 Sam. 10.  the same. It is also to be noted, which the divine writer to the Hebrews saith, that Gedeon, Baruc, Samson, Jephtha, David, Samuel and others, by Faith overthrew 
Heb. 11. 33. 14.  Kingdoms, prevailed in War, put to flight the Armies of Aliens. Where, in the name of Faith, as we learn by the series of that discourse, is included a persuasion whereby is believed that the thing done is pleasing unto God. So also the wise woman saith of David, that he fought the battles of God, that is, pious and just. 
1 Sam. 25. 28.    

XII. That War is not contrary to the voluntary Divine Law, before the time of the Gospel.  
THe greatest difficulty lies in this point, concerning the positive Divine Law. Nor may any object, the Law of Nature is immutable, and therefore nothing could be constituted by God to the contrary; for this is true in things commanded or forbidden by the Law of Nature; not in things permitted only: which things, being not properly of the Law of Nature but without it, may be either forbidden or commanded. First then, against War is brought by some that Law given to Noah and his posterity: And surely (saith 
Gen. 9 5, 6.  God) Your blood of your lives will I require: at the hand of every beast will I require it; and at the hand of man, at the hand of every man's Brother will I require the life of man. Who so sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man. Here do some most generally understand that which is said of requiring blood: and what is said of shedding blood for blood, they will have to be a commination, not an approbation. I can allow of neither; for the prohibition, not to shed blood, is not of larger extent than that in the Law, Thou shalt not kill: and this, 'tis manifest, hath neither taken away capital punishments nor Wars. Wherhfore, both this Law and that doth not so much constitute any new thing, as declare and repeat the old natural Law obliterated and depraved by evil custom. And the words are to be understood in a sense which includes a crime: as in the wor●… homicide, we understand not every kill of a man, but that which is on purpose and of an innocent person. The which follows, of shedding blood for blood seems to me not to contain a naked act but a Right. I explain it thus. By nature it is not unjust, that every one suffer as much evil as he hath done; 〈◊〉 
Quae fecit st quisque ferat, jus fiet & aequum.  of a sense of this natural equity, 〈◊〉 accused of parricide by his own conscience said, Whosoever findeth me she flay me. But, God in those first times 
Gen. 4. 14.  either by reason of the paucity of men or because there being yet but few offenders, exemplary punishments were 〈◊〉 necessary, repressed by his edict th●… which seemed naturally lawful, and appointed the manslayers company to be avoided, not his life taken away. The like was decreed by Plato in his Laws, and of old practised in Greece 
* Euripides. Quam bene parenium provida aetas statuerat: ut cogeretur de vita decedere Hominumque visu caede patrata nocens, Fugaque lueret triste non letho seelus. . Pertinent is that of 
* Histd. 3.  Thucydides: Anciently great crimes had little punishments 
* Servius ad 1 Ae●…. Luetts, 〈◊〉, Et hic sermo 〈◊〉 pecunia descendit; antiquo 〈◊〉 enim 〈◊〉 omnes pecuniariae fuerunt. : but in progress of time, those being contemned, death was inflicted. From one notable act a conjecture being made of the divine pleasure went into a Law: so that Lamech also, upon the like crime committed 
* O●… rather [if he had committed the like: for the words bear this sense. , promised to himself impunity from that example. Nevertheless, 
Adhuc enim videbatur nesas, quamvis malos, lamen homines, 〈◊〉 capi●… affis 〈◊〉. Lactant. l 2. Gen 4. 24.  when before the flood, in the Giant's age, a promiscuous licence of shedding blood had prevailed, mankind being again restored after the flood, God, to restrain that licence, thought it meet to use more severity; and laying aside the lenity of the former times, permitted now what nature did before dictate not to be unjust, that he should be guiltless who slew the manslayer 
* Josephus. Edico ut à caede humana purae habeaniur manus; quod si quis eadem commiserit, poena●… scrat. . This, after Courts of Justice were established, was upon very great reasons restrained to the Judges only: yet so that some Print of the former custom was seen, even after Moses Law, in his right, who was the next Kinsman to the person slain. We have no mean Author to countenance our interpretation. Abraham, who being not ignorant of the Law given to Noah, took arms against the four Kings, not doubting but his enterprise was very reconcilable with that Law. And Moses too gave order that the Amalekites violence should be withstood by Arms, using the right of nature: for it appears not that God was consulted 
Exod. 17. 9  with in this. Moreover, capital punishments, it appears, were used not against man-slayers only, but other Malefactors; 
Gen. 38. 24.  and that as well among the holy people as other nations. By the aid of natural reason, having some ground to make conjecture of the divine will, they proceeded from like to like, and collected, that the constitution against the manslayer, might extend also to other notorious and great offenders. For, some things there are equal unto life, as reputation, virginal chastity, conjugal fidelity; or without which life cannot be secure, as reverence to authority, whereby society is preserved: Offenders against these seem no better than man-slayers. Hither pertains an old tradition extant among the Hebrews, that more Laws were given unto Noah's Sons by God, but Moses did not relate them all, because it was sufficient for his purpose, that they were after comprehended in the peculiar Law of the Hebrews; so, against incestuous Marriage, there was extant an old Law, though not remembered by Moses in its place, as appears Levit. 18. And among the Laws God gave to Noah's children, this also they say was decreed, that not only homicides, but adulteries, incests and rapes should be punished with death; which is confirmed by the words of Job. Also, the Law given by Moses 
Chap. 31. 2.  adds unto the capital sanctions, reasons, that are of no less value among others, then among the Hebrew people: peculiarly it is said of homicide, that the earth cannot be purged but by the bloodshed of the manslayer 
* As Levit. 18. 24, etc. Psal 104. 5. Prov. 20. 8. . Besides, it is absurd to think, the Hebrew 
Num. 25. 31, 33.  people were allowed to secure their Government, and the public and private safety, by capital punishments, and to bear Arms for their own defence, but other Kings and Nations at the same time were not allowed to do so; and yet were never admonished by the Prophets for using capital punishments and making War, as they were oft reproved for other sins. Yea on the contrary, who would not believe, seeing Moses Judicial Law is an express of the divine pleasure, other Nations who would take a Copy thence, did well and wisely: as it is probable the Greeks, especially the Athenians did? whence there is so great similitude in the old Attic Law, and the offspring thereof, the Roman of the 12. Tables, with the Hebrew Laws. This is enough to show, that the Law given to Noah is not of such a sense as they would have it, who impugn all Wars by that Argument.   

XIII. Of the Gospel-Law.  
THe objections against War taken out of the Gospel have a greater show; in the examination whereof, I will not say with many, that in the Gospel, beside the precepts of Faith and the Sacraments, nothing else is found but what is of Natural Law; for, as most understand this, it is not true. This I willingly acknowledge; in the Gospel nothing is commanded us, which hath not a natural honesty and comeliness; but, that we are not further obliged by the Laws of Christ, than we are by natural Law, I cannot grant. It is marvellous to see what pains they take, why are in the other opinion, to prove the things forbidden by the Law of Nature, which by the Gospel are made unlawful, such as are concubinacy, divorce prolygamy 
* Spectat huc illud Hicronymi: Aliae sunt leges Caesarts, aliae Christi; aliud Papinianus, aliud Paulus noster praecipit. . Things indeed of such: nature, that to abstain from them, reason itself tells us is more honest and becoming: Yet not such, as contain in them (set the divine Law aside) any apparent wickedness. And who can say, nature hath bound us to that which the Christian Law gives in precept, to 
1 John 3. 16.  lay down our lives for the brethren? It is a saying of Justin Martyr 
* ocus est, ad Zenam 〈◊〉 idemque sensus apud Originem in excerptis illis quae Philocatia dicuntur. , To live according to nature is his duty, wh●… hath not yet attained to the Faith of Christ. Neither will I follow their conjecture, who suppose Christ in his Sermon on the Mount, was only an Interpreter of Moses Law. These words 
Mat. 5, etc.  of his so oft repeated have another sound: Ye have heard, that it hath been said to them of old: but I say unto you. Which opposition, and the Syriack and other versions prove the truth of that reading, to them (not, by them) of old. Those of old, or the ancients, were no other than they that lived in Moses time; for the commands rehearsed as spoken to the ancients, are not the sayings of the Lawyers, but of Moses, either word for word, or at lest in sense. Thou shalt not kill. Whosoever shall kill shall be in 
Ex. 20. 13. Leu. 21. 21.  danger of judgement. Thou shalt not 
Ex 20. 14.  commit adultery. Whosoever shall put away 
Deut. 24. 1.  his Wife, let him give her a writing of divorcement. Thou shalt not forswear thyself, but shalt perform unto 
Ex. 20. 7.  the Lord thine oaths. An eye for an eye, 
Leu. 24. 20.  and a tooth for a tooth (understand thou mayst require in the Court of judgement.) Thou shalt love thy neighbour 
Leu. 19 18.  (i. e. the Israelite) and hate thine enemy (i. e. the seven Nations 
* In hos odium lege permitti ait illustrissimus Aba ' baniel add Deut. 23. 21. Ex. 34 11. Deut. 7 1. Ex. 27. 19 , to whom they might not show friendship nor pity: to these the Amalekits are to be added, against whom the Hebrews are commanded to have War for ever.) But, to understand the words of Christ we must note, that the Law given by Moses may be taken two ways: according to what it hath common with other Laws, made by men, restraining the greater offences with fear of open punishments, and hereby containing 
Heb. 2. 2.  the Hebrew people in the state of civil society; in which sense it is called the Law of a carnal Commandment, and the 
Heb. 7. 16. Rom. 3. 27.  Law of Works: Or, according to what is proper to the divine Law, as it requires also purity of mind, and some acts, which may be omitted without temporal punishment; in which sense it is called a spiritual Law, re oycing the 
Rom. 7. 14. Ps. 19  heart. Now the Lawyers and Pharisees, contenting themselves with the form●… part, neglected the second, which is the better part, nor did they inculcate it into the people. The truth of this appears not only in our Books, but in Josephus also and the Hebrew Masters Moreover, as to this second part, we must know, the virtues exacted at the hands of Christians, are either commended or commanded to the Hebrews also, but surely not commanded in the same degree and latitude 
* Egregius imprimis Chrysostom. locus de Virgin. cap. 44. Olim tanta nobis injuncta non eral virtutis mensura, sed & vindictam sumere de injuriam inferente, etc. At post Christi adventum multo arctior facta 〈◊〉 via. E d. l. 3. c 83. Non eadem virtutis mensura à nobis & ab illis exigitur. Idem in orat. filium Patri esse aequalem, ait, in Evangelio esse, P●…aeceptorum & intensionem & adjectionem.  as they are to Christians. In both senses Christ opposes his precepts to the old ones: whence it is manifest, his words contain more than a naked Interpretation. The knowledge whereof conduces both to our present matter and to many other things, lest we strain the Authority of the Hebrew Law beyond its reach.   

XIV. That War is not against the Gospel-Law. The first Argument.  
OMitting Arguments of less value in our judgement, our first and principal proof, that the Right of War is not wholly taken away by the Law of Christ, shall be that of Paul, to Timothy. I exhort therefore, that first of all, 
1 Tim. 2. 1, 2, 3.  supplications, prayers, intercessions, and giving of thanks be made for all men: For Kings, and for all that are in authority, that we may lead a quiet and a 
* Sen. Ep. 73. Philosophiae fideliter dedito●…, falso ait contemtores magist atuum ac ●…gum existimari. E contrario ait, nulli adversus illos gratiores sunt: nec immerito; nullis enim plus praestant, quam, quibus s●…ui tranquillo otio licet. D'gna est, quae legitur, Epistola, ubi & hoc: Hujus pacis beneficium, ad omnes 〈◊〉, al●…us ad eos p●…venit qui illa b●…ne utuntur.  peaceable life in all godliness and honesty. For this is good and acceptable in the sight of God our Saviour: who will have all men to be saved, and to come unto the knowledge of the truth. Here we are taught three things; That it is pleasing to God, Kings should become Christistians: That being made Christians, they should remain Kings; We pray (saith Justin Martyr) that Kings and Princes, together with their regal power, may also attain unto a right understanding; and in the Book entitled Clement's Constitutions, the Church prays 
* Nisi hic interpretari malis, Christianum vitae exitum. Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Rom. 13. 4.  for Christian Magistrates: Lastly, that this is also pleasing to God, that Christian Kings should procure for other Christians a quiet life. How so? The Apostle showeth in another place: He is the Minister of God to thee for good, but if thou do that which is evil, be afraid: for he beareth not the sword in vain: for he is the Minister of God, a revenger to execute wrath upon him that doth evil. By the right of the sword is understood all coercive power (as in the Lawyers sometimes) yet so, that the highest part of it, which is the true use of the sword, is not excluded. For the illustration of this place much light may be had from the second Psalm: which, although it were verified of David, yet more fully and perfectly pertains to Christ, as we learn out of the Acts and 
Acts 4. 25. 13. 33. Heb. 5. 5.  the Epistle to the Hebrews. Now this Psalm exhorts all Kings to receive the Son of God with reverence, i. e. to do service to him, as they are Kings, as Augustin explains it well: whose words are to this effect, Herein do Kings, as 
Cont. Crescon. Gram. l. 3  they are commanded, serve God as Kings; if in their Kingdom they command good things, forbid evil things, not only pertaining to humane society, but also to divine Religion. And elsewhere: How 
Ad Bonifac. Epist. 50.  then shall Kings serve the Lord in fear, but by prohibiting with religious severity, and punishing offences against the commands of the Lord? For he serveth one way as a man, another way as a King. Again: Herein therefore do Kings serve the Lord, as Kings, when they do him that service, which none can do but Kings.   

XV. The second Argument.  
A Second Argument is delivered us by St. Paul in the place cited already in some part, out of the Epistle to the Romans: where the highest power, 
Rom. 13.  such as the regal is, is said to be of God, and is called the ordinance of God: whence it is inferred, that obedience and honour is to be given to it, and that from the heart: and he that resisteth it, resisteth God. If by Ordinance a thing were to be understood, which God only will not hinder, as in vicious acts, than would there follow thence no obligation either of honour or obedience, especially laid upon the conscience: nor would the Apostle say any thing, where he so much extols and commends this power, which might not agree to robbing and stealing. It follows therefore, that this power be conceived to be ordained by the will of God approving it: whence it further follows, that, seeing God wills not contraries, this power is not repugnant to the will of God revealed by the Gospel, and ob●…iging all men. Nor is this Argument avouded, because the persons that were in power when Paul wrote, are said to have been enemies to Christian piety: For first, that is not true of all. Sergius Paulus Propraetor 
Acts 13. 2.  of Cyprus had given his name to Christ before this time: to say nothing of the King of 
* Est Edessa in Osroene Nomen Abea●…i frequens illis locis. App●…et ex nummis, Tacito, Appiano. Dione, tum in pridem editis, tum in novis Excerptis, Capitolino.  Edessa, of whom there is an old tradition, grounded (as it seems) on truth, though perhaps a little mixed with fables. Moreover, the question is not of the persons, whether they were impious; but whether that function in them were impious: we say, the Apostle denys that, when he saith, the function, even for that time, was ordained of God, and therefore to be honoured, even within the recesses and secrets of the heart where God alone hath Empire. Wherefore both Nero might, and that King Agrippa too, whom Paul so seriously invites to his 
Acts 26.  Religion, might subject himself to Christ, and retain, the one his regal, the other his imperial power: a power, which without the right of the Sword and of Arms cannot be understood. As then of old, the Sacrifices according to the Law were pious, although administered by impious Priests; so Empire is a pious thing 
* Bene hoc exsequitur ad hunc locum Epist. ad Rom. Chrysostomus. , although it be in the hand of an impious Prince.   

XVI. The third Argument.  
THe third Argument is from the words of John the Baptist, who being seriously asked by the Jewish Soldiers (many thousands of that Nation served the Romans in their Wars, as Josephus and other writers clearly tell us:) what they should do, to avoid the wrath of God, He answered not, that they should forsake War (as he must have answered, if that be the will of God) but abstain from violence and falsehood, and be content with their wages. To these words 
Luke 3. 14.  of the Baptist, containing an approbation of War plain enough, many answer, The Baptists prescripts are so different from the precepts of Christ, that we may conceive their Doctrine not to be the same. Which I cannot admit, for these reasons. John and Christ use the same beginning, and declare the sum of their doctrine in the same words, Amend your lives, for the kingdom of Heaven is at hand. Christ himself saith, the 
Mat. 3. 2. 4. 17.  Kingdom of Heaven (i. e. the new Law, for the Hebrews use to style the Law by the name of Kingdom,) began to be invaded from the days of the Baptist. 
Mat. 11. 12.  John is said to have preached the Baptism of repentance for the remission o●… 
Mar. 1. 4. Acts 2. 38.  sins: just as the Apostles are said to have done in the name of Christ. Jo●… requires fruits meet for repentance, and 
Mat. 3. 8. 10.  threatens destruction to them that bring not forth such fruit. He requires works 
Luke 3. 2.  of Love above the Law. The Law is sai●… to have continued unto John: as if, 〈◊〉 more perfect doctrine had from him begun. 
Mat. 11. 13.  And the beginning of the Gospel is 
Mar. 10. 1. Luke 1. 77. Mat 11. 9 Luke 7. 26. Luke 2. 77. Luke 3. 18.  deduced from John. John himself is therefore greater than the Prophets: being se●… to give saving knowledge to the people and to Preach the Gospel. Nor doth 〈◊〉 any where distinguish Jesus from himse●… by the difference of precepts (only th●… things delivered by John more gene●…ly, and confusedly, and in the mann●… of rudiments, are more plainly and fully declared by Christ, the true light: but by this, that Jesus was that prom●…sed Messias: the King of a heavenl●… 
Acts 19 4. John 1. 29. Mat. 3 2. Mar. 1. 8. Luke 3. 16.  Kingdom, who should give the powe●… of the Holy Spirit to them that believe on him.   

XVII. The fourth Argument.  
THe fourth Argument seems to me 〈◊〉 no small weight. If the Right 〈◊〉 capital punishments, and of defendin●… the people by force of Arms again●… Robbers 
* Chrysost. in Serm. ad pat. sidelem. Propter hos sunt judicia & leges & supplicia totque poenarum modi.  and Spoilers, be taken away. thence will follow licence of wickednes●… and a deluge as it were, and flood of evils: when as, although Justice be now executed, that stream is hardly kept within the banks. Wherefore, had it been the mind of Christ, to bring in such a state of things, as was never heard of, doubtless he would in most plain and express terms have commanded, that none should give sentence of death, that none should bear Arms: which command he hath no where promulged: for, the alleged places are very general, or very obscure. Now equity and common reason shows, not only general words must be restrained, and doubtful words commodiously explained, but the propriety and received use of words somewhat declined, that a very incommodious and incoherent sense may be avoided.   

XVIII. The fifth Argument.  
FIftly, it can be evinced by no Argument, that the Judicial Law of Moses, expired before the destruction of Jerus●…lem, wherewith fell both the form, and the hope of that Commonwealth; for, neither is any term prefixed to that Law in the Law itself, nor do Christ or his Apostles ever speak of the Cessation of it, but as it may seem comprehended in the destruction of the Commonwealth, as we have said: yea, on the contrary, Paul saith, the Highpriest was set to give judgement according to the Law of Moses. Christ himself in the 
Acts 24. 3.  preface to his precepts saith, He ca●… not to dissolve the Law, but to fulfil it; the sense of which words, as to Ri●…uals, 
Mat. 5. 17.  is not obscure: for the lineaments and shadowings are filled up and completed, when the perfect species of a thing is presented to our view; as to the judicial Laws, how can it be true, if Christ, as some do think, hath by his coming taken them away? But if the obligatior of the Law remained, as long as th●… Commonwealth of the Hebrews stood it follows, that even the Jews converted unto Christ, if they were called un●… Magistracy, could not shun it, and th●… they ought to judge no otherwise tha●… Moses had prescribed. Methinks, whe●… I weigh all things, there is not the leaf●… motive for any pious man, that hear●… Christ at that time speaking, to understand his words in any other sense; Thi●… I acknowledge, before the time of Christ some things were permitted, (whether in respect of outward impunity, or also of inward purity, I need not determine:) which Christ hath forbidden the Disciples of his institution, as, to put away ones wife for every cause, to seek revenge from the judge upon the injurious person●… yet, between the precepts of Christ and those permissions, there is a certain diversity, no repugnance. For he that keeps his wife, and remits the injury, doth nothing against the Law, yea he doth that which the Law wills most. 'Tis otherwise with the Judge, whom the Law not permits, but commands to put the Murderer to death, himself becoming guilty of blood before God, unless in this case he shed it. If Christ forbid him thus to punish the murderer; his precept is plainly contrary to the law, he dissolveth the law.   

XIX. The sixth, Seventh, and Eighth Arguments.  
THe sixth is from the example of Cornelius the Centurion, who received from Christ the Holy Spirit, an undoubted sign of his justification, and was Baptised in the name of Christ by the Apostle Peter: but, that he left his Office of War, or was advised by Peter to leave it, we do not read. Some answer, whereas he had instruction from Peter concerning Christian Religion, it is to be supposed that he was also instructed to desert his place. This were something, if it were certain and undoubted that Christ among the rest of his precepts had forbidden War. But, when that is no where else expressed, here at least was a fit place to say somewhat of it, that the age to come might not be ignorant of the rules of their duty. Nor is it the manner of Luke, where the quality of the persons required a special change 〈◊〉 life, to pass it over with silence; as 〈◊〉 may see elsewhere. The seventh Argument, 
Acts 19 19  like to this, is taken from th●… which we began afore to say of Sergi●… Paulus; for in the story of his conversion, there is no intimation of his 〈◊〉 nouncing his office, nor of any adm●…nition given him to do so. Now, th●… which is not related, (as even now 〈◊〉 said) when it is of most concernment, a●… the place requires it, is to be conceive not at all to be done. The eighth m●… be this, that 
* Utitur hujus loci autoritate Concil. Afric. Quorum contra furorem possumu●… non insolita nec à scripturis aliena impetrare praesidia, quando Apostolus Paulus, sicut in Apostolorum Act. fidelibus notum est, factiosorum conspirationem militari etiam submovit auxilio. Augustin. Epist. 154. ad Pub●… Neque si in illa arma scelerati homines incidissent, Paulus in 〈◊〉 sanguinis suum crimen agnosceret.  Paul the Apostle havi●… understood the Jews plot against him willed it to be revealed to the chief C●…tain: 
† Acts 23.  and when the chief Capta●… gave him a guard of Soldiers to sec●… his journey, he accepted of it, maki●… never a word to the Captain or 〈◊〉 Soldiers, that God was not pleas●… with resisting of force by force. And 〈◊〉 Paul was a man, who would himself 〈◊〉 mit, nor suffer others to omit, no occ●…sion of teaching men their duty 
* 2. Tim. 4. 2. .   

XX. The ninth, tenth, and eleventh Arguments.  
NInthly, The proper end of a thing just and lawful, cannot but be just lawful. It is not only lawful, but we have a precept obliging the conscience, 
Rom. 13.  to pay tribute; And the end of Tribute is, that the public powers may have wherewith to defray the charge upon them, for the defence of good men, and the coercion of the bad. Tacitus speaks 
Hist. 4.  to our purpose, The quiet of the world 
Augustin. contra Faust. l. 22. c. 74. Ad hoc tributa praestamus, ut propter necessaria militi stipendium prae beatur.  cannot be had without Arms, no Arms without Soldiers pay, nor pay without contribution. Tenthly, 
* Acts 2. 5. 11. So also Acts 28. 18. For there was no cause of death in me. C. 2. 19 20.  Paul speaks thus, If I be an offender, or have committed any thing worthy of death, I refuse not to die 
† Justin Apol. 2. Ut autem puniantur, qui non convenienter praeceptis illis vivunt, & nomine solo sunt Christiani, & quidem à vobis, & nos opta●….  Whence I collect, that in Paul's judgement, even since the publication of the Gospel, there are some crimes, which equity alloweth, yea and requireth, to be punished with death. Which also Peter showeth in the first of his Epistles. Had the will of God been so now, that capital judgements should cease, Paul might indeed have made an Apology for himself, but he ought not to have left in the minds of his hearers such an opinion, as this, that it was no less lawful now than heretofore, to put offenders to death. Now, it being proved, that capital punishments are rightly used since the coming of Christ, it is withal proved, as I suppose, that some War may be lawfully waged, to wit, against a multitude of armed offenders, who must be overcome in battle, before they can be brought to judgement. For, the forces of offenders, and their boldness to resist, as in a prudent deliberation it ha●… some moment, so it diminisheth nothing of the right itself. Lastly, the Law of Christ hath taken away the Law of Moses only, which was the partitio●… wall between the Gentiles and the H●… brews. 
Eph. 2. 14.  Things by nature honest, and by the consent of civil nations, it is so far from taking away, that it hath comprehended them all under the gener●… precept of all honesty and virtue. But 
Phil. 4. 8. 1 Cor. 11. 13, 14.  the punishment of crimes, and Arms to keep off injury are accounted laudable in their Nature, and are referred to the virtue of justice and beneficence. And here, on the by, we must note their error, who draw the Israelites right to War, from this alone, that God had granted to them the Canaanites Land. For this is not the only cause, though it be 〈◊〉 just one. Before those times, men of piety, conducted by their reason, waged Wars: and the Israelites themselves afterward upon other grounds, as David for the violation of his Ambassadors. Besides, what any one possesseth by humane right, is no less his own, than if God had made an immediate grant thereof; which right is not taken away (but confirmed) by the Gospel.   

XXI. Objections answered. The first.  
LEt us now also see, by what Arguments the opposite opinion underprops itself, that the pious Reader may more easily judge, which of the two is more firm and weighty. The first is usually brought out of Esay's prophecy 
* Id de pace quae orbi contigit beneficio Romani Imperii interpretatur Chrylost. oratione Christum esse Deum: Neque vero praedictum tantum est, stabilem fore, immotam, atque inconcussam banc religionem, sed cum ea adventuram orbi pacem, desituras illas in singulis civitatibus plurium potentias, regnaque ipsa, & unum fore super omnes imperium, ac cjus pleraque pacem habitura, contra quam ante fiebat, etc. & vid. Euseb. 〈◊〉 praepar. l. 1. c. 10. , who saith, it shall come to pass, 
Es. 2. 4.  that the Nations shall beat their swords into ploughshares, and their spears into pruning-hooks: Nation shall not lift up sword against Nation, neither shall they learn War any more. But this prophecy, either is to be understood (as many other) conditionally: Such shall be the state of things, if all people undertake and fulfil the Law of Christ; to which purpose God will suffer nothing to be wanting on his part: Sure enough it is, if all be Christians, and live Christianly, there will be no Wars 
* Lactant: Quid fiet, si omnes in concordiam consen serint? Quod certe fieri poterit, si pernicioso & impio furore projecto innocentes as justi esse velint. Justin. de Christianis. Non pugnamus in hosts. Planè ut de Essenis Philo in Orat. Omnem bonum effe liberum: Nullum inter 〈◊〉 reperias qui aut sacula, aut sagittas, aut gladium, aut galeam, out 〈◊〉 kam, aut scutum fabricet; Nullum qui aut arma conficiat aut 〈◊〉 nas. Simile est quod Chrysostomus ait ad 1 Cor. 13. 3. Si●… inter bomines qualis oportet dilectio, nullas fore poenas capitales. : Or, it is to be understood simply and purely; and thus, experience tells us, this prophecy is not yet fulfilled, but the impletion thereof, as also of the general conversion of the Jews, is yet to be waited for. Which way soever you take it, nothing can be inferred hence against the justice of Wars, so long as there are who suffer not the lovers of peace to live at peace, but offer violence and use force against them.   

XXII. The second Objection answered.  
OUt of the fifth of Matthew sund●… Arguments are deduced; which we cannot rightly judge of, unless 〈◊〉 remember what was said afore: If Christ had purposed to take away all capital judgements, and the right of Wars, he would have done it in words most express and special, by reason of the greatness and newness of the matter: and the rather, because no Jew could think otherwise, but that the Laws of Moses, pertaining to judgements and the Commonwealth, aught to have their force upon the men of that Nation, so long as their state endured. This being premised, let us weigh the places in their order. The second muniment of the adverse party is from these words, Ye have 
Mat. 5. 38, 39  heard that it hath been said, An eye for an eye, and a tooth for a tooth: But I say unto you, that ye resist not the injurious person (so the Gr. turns the original word, Exod. 21 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ut & Lucas in Stephani oratione: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. .) But whosoever shall smite thee on the right cheek, turn to him the other also. Hence do some infer, that no injury is to be repelled or revenged; neither privately, nor publicly. But this is not the meaning of the words; for Christ speaks not here to Magistrates, but to those that are injured; nor doth he speak of every injury, but of such as a blow on the cheek: the following words restrain the generality of the precedent. So likewise in the next immediate precept, If any man will sue thee at the Law, and take away thy coat, let him have thy cloak also 
* Id ita exponit Cyprianus de patientia: Ut tuae oblata non repetas. Irenaeus l. 4. c. 27. Tollenti tibi tunicam, remit ei & pallium, sed non quasi nolentes fraudari contristemur; sed quasi volentes donaverimus, gaudeamus. Et si quis te, inquit, angariaverit mille passus, vade cum eo alia duo, ut non quasi servus sequaris, sed quasi liber plaecedas. Etiam Libanius, qui Evangelia legerat, laudat non litigantes de chlamyde & tunica, in orat. de custodia reorum. : Not every suit before the judge or arbitrator is forbidden (let Paul be the Interpreter, who denies not all suits, but prohibits the Christians to contend in the Courts of Heathens; and that after the Jews example, whose common saying it was, Whosoever brings the affairs of Israel before the stranger, pollutes the name of God:) but the will of Christ is, to exercise our patience, that we should not go to Law about things which may easily be repaired, as a Coat, or (if it so happen) the cloak also: but that, although our cause be good, we should omit the prosecution of our right. Apollonius Tyaneus said, It was not 
Philostrat. 2. 15.  the part of a Philosopher to contend about a little money. The Praetor (saith Ulpian) approoves his doing, who would 
L. Item. si S. 1. & D. de al. en. jud. mut. causa facta.  content himself and sit down with the less of a thing, rather than be troubled with often suits about it. For this man's disposition, that cannot endure contention, is in no wise to be dispraised. What Ulpian here saith is approved by the best, the same doth Christ command, choosing the matter of his precepts from among the things that are most honest and m●… approved. But, you may not colle●… hence, that it is unlawful for a Paren●… or for a Tutor, to defend that before 〈◊〉 Judge, without which the Children without which the pupils cannot to maintained. For the coat and cloak is one thing, the Livelihood another. In Clement's Constitutions it is said of a Christian man, if he hath a suit, let him 
L. 1. c. 45.  endeavour to end it, though he bear some damage. As in matters of morality, so here we say, these things do not consist in a point, but have a certain latitude belonging to them. So in that which follows, And whosoever shall compel thee to go a mile, go with him twain: Our Lord said not, a hundred mile, a journey that would take a man off too far from his own occasions; but one mile, or, if need be, twain: a walk, not very irksome. The sense therefore is, in these things which import no great incommodity, we must not stand upon our own right, but yield, even more than another would require, that our patience 
* Justi●…us Ap●…get. 2. Quae dicit, huc pertinent, ut adversus owns s●…nus pttieates, 〈◊〉, minime tracundi.  and our benignity may be known unto all men. It follows, Give 
† Just. Apol. eod. De comm●…icandi ve●…ò facultatib. nostris eam egentibus, & nequid ad gl●…iam aucupandam saciamus, ho & dixit: Omni pe enti date, etc. Alioi, Communico●…●…stra omni ●…genli. 1 Tim 5. 8. 2 Cor. 8. 13.  to him that asketh thee: and from him that would borrow of thee, turn not thou away. If you carry it on infinitely, and without measure, nothing is more hard. He that provideth not for those of his own house is worse than an infidel, saith Paul. Let us then follow the same Paul, the best interpreter of his Master's Law, who stirring up the Corinthians to exercise beneficence toward the poor of Jerusalem: Not, saith he, that other men be eased, and you burdened: but by an equality: that your abundince may be a supply 
* Sen. de benefic. 2. Dabo egenti, sed ut ipse non egoam. Chrysost. in loc. Deus pro sacultote poscit, quatenus habet quis, non quatenus non habet. Q100 ut secte intelligatur accedant sequentia: Laudat quidem quod facultates exsuperat (nempe in Thessalonicensibus:) sed hos (Achaeos' sc.) non cogit idem facere.  for their want; which sense is also in Xenophon's Cyrus; What I shall see superfluous in my own estate will serve the necessities of my friends. The like equity must we use for the interpretation of that precept now in hand. The Hebrew Law, as it did indulge a liberty of divorce, to prevent the cruelty of Husbands toward their Wives; so also, for the restraint of private revenge, whereto that Nation was very prone, allowed the offended party a right, to exact, not by his own hand, but by the sentence of the Judge, a retaliation: a Law imitated in the 12. Tables. But Christ, a Teacher of more patience, is so 
Si membrum vupit, talio esto.  far from approving that ardent desire of revenge in the person wronged, that he would not have some kind of injuries to be repelled, either by force, or Law. What injuries? Such as are tolerable; not, that patience is not laudable in the more 
* Vid. Chrysostomum dicto jam loco.  grievous, but he is content with a patience more limited. Therefore he puts the case in a stroke on the cheek, which endangereth not the life, maimeth not the body, but only signifies a certain contempt of us, which makes us nothing the worse. Seneca in his Book of a wise man's constancy distinguishes between an injury and a disgrace, The former, saith he, is by nature the more grievous: this is lighter, and only grievous to the delicate, whereby they are not hurt, but offended. Again, Contumely is less than injury, which we may rather complain of, than return: which the Laws also have thought worthy of no revenge. The same Seneca a little after saith, The grief arising from disgrace, or an affront, is an affection coming from a meaness and lowness of the spirit, contracting itself for some word or deed against our reputation. In such a case therefore, Christ commandeth patience: to turn the other cheek, is by an Hebraism, to bear patiently, as appears in 
* Es. 30. 6. Jer. 3. 3. Praebere o●… contumelios. Taci●…. & Terentius.  other places: and lest any one object that common sentence, To suffer one injury is to invite another, He adds, that we must rather bear 
* Chrys 7. add Rom. Haec egregia victoria, plus illi largiri quam velit, & fines improbae in illo lubidinis liberalitate propriae patientiae transcendere.  a new injury, than repel the former: because there is no evil to us thence, but that which consists in a foolish 
† Idem de statuis 1. Contumelia non ab inferentis animo, sed ex judicio eorum qui patiuntur aut fit aut perit.  persuasion.   

XXIII. The third Objection answered.  
THe third Objection is taken from the words that follow in the same place of Matthew 
* Mat. 5. 43. 44. : Ye have heard, that it hath been said, Thou shalt love thy neighbour, and hate thine enemy. But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you; and pray for them which despitefully use you and persecute you. Some there be that hold, this love and beneficence towards enemies and persecutors cannot consist with capital judgements or Wars. But they are easily refuted, if we do but consult with that saying of the Hebrew Law. It was commanded the Hebrews to love their Neighbour, that is, their fellow-Hebrew 
* Cui par proselytus. : for so 
Levit. 19 17, 18.  the word Neighbour is taken there. Nevertheless were the Magistrates commanded to put Murderers to death, and other capital offenders; nevertheless was the Tribe of Benjamin, for an abominable transgression, prosecuted in a just War by all the other Tribes; nevertheless did David, who fought the Lord's battles, rightly recover the Kingdom promised him, from Isbosheth by Arms. Be it so then, that the signification of Neighbour is larger now, and contains every man; for all are now received into common grace, no people are by God devoted and given up to destruction: yet will that be lawful towards all, which was then lawful towards the Israelites, who were commanded to be loved as well, as all men now. But, if you would have a greater degree of love to be commanded in the Evangelical Law, let this be granted also, so that this be agreed on too, that all are not 
* Tertul. adv. Mareion. 4. Secundus gradus bo ita●… est in extraneos: in proximos primus. Hieronym. adv. Pelag. dialogo 1. Praeceptum est mihi ut diligam inimicos, & orem pro persecutoribus. Nunquid iustum est ut itae diligam, quast p●…oximos & consanguineus; ut inter aemulum & necessarium nulla distinctio sit.  equally to be loved, but a Father more than a foreiner. And so the good of an innocent person is to be preferred before the good of a nocent, the common good above the private, by the Law of regular charity. Now, from the love and care of the innocent, 
* Vid. Prov. 24. 11.  both capital judgements and pious Wars have their original. Wherefore, the precepts of Christ, concerning love and charity to every one, ought so to be fulfilled, unless a greater and more just and necessary point of charity will not suffer. That old saying is well known: To pardon all is cruelty, as much as to pardon none 
* Sen. de Clem. 1. Tam omnibus ignoscere, crudelitas est, quam nulli: Chrys. 1. ad Cor. 3. 12. etc. de paenis hum. agens: Non ex saevitia, sed, ex bonitate talia faciunt homines. Augustin: sicut est aliquando misericordia punicns, ita & crudelitas parcens. Valentinianus, Theodosius & Arcadius, in lege tertia, Cod. Theod de defensorib. Civit. Removeantur patrocinia, quae favorem reis & auxilium sacinovosis impertinendo, maturari scelera faciunt. Totilas apud Procop. Got. 2. Peccare & prohibere poenas peccantium in pari pono. Joh. 4. 2. Exod. 34 6. Num. 14. 18. Rom. 2. 8. : Add, that we are enjoined to love our enemies after the example of God, who makes his Sun to shine upon the bad. Yet the same God executeth punishment, even in this life, upon some bad ones, and hereafter will severely punish all. Whereby is also answered whatsoever is wont to be alleged here out of the precepts of Christian lenity. For God is called gentle, merciful, and long suffering: Yet do the Holy Scriptures set forth in sundry places the anger of the same God against the obstinate 
* Vide hac de re Cyrillum lib. 5. cont. Julian. , and his will to punish the ungodly: And the Magistrate is ordained the Minister of this wrath Moses is commended for his exceeding 
Rom. 13. 4.  meekness: yet this same Moses punished the guilty, and that with death We are often bid to imitate the meekness and patience of Christ: yet Christ 〈◊〉 he, who did inflict most heavy judgements, 
* Mat. 21. 44. 22. 7. Luke 19 12, 14, 27. Chrysost. ad Rom. 14. narratis malis ierosoly more rum Christum esse qui haec secerit, audi ipsum praeci●…entem, tum per parabolas, tum apertè & exsertè.  upon the rebellious Jews, an●… will at the day of judgement condem●… the wicked according to their desert●… Their Master's lenity was followed 〈◊〉 the Apostles, who did nevertheless ma●… use of the power 
* Chryso●… 1 Cor. 4. 21. Interficiam, mutilabo? Est enim ut lenitatis, 〈◊〉 severitaus' spiritus. Vide & Augustin. de serm. Dom. in mo●… lib. 1. & alios quoscitat Gratian. 23. 8.  given them from above for the chastisement of ungod●…men, as we read in several 
* 1 Cor. 4. 21. 1 Cor. 5. 〈◊〉 1 Tim. 1. 20.  places.   

XXIV. The fourth Objection answered.  
THe fourth place, which is objected is, Recompense to no man evil fo●… 
Rom. 12. 17, 18. etc.  evil. Provide things honest in the sigh●… of all men. If it be possible, as much 〈◊〉 lieth in you, live peaceably with all me●… Dear beloved, avenge 
* Tertul. de pat. Quid mibi cum ultione, cujus modum regere non possum per impatientiam dol●…ris?  not yourselves but rather give place unto wrath, for 〈◊〉 is written, Vengeance is mine, I will repay, saith the Lord. Therefore if thi●… enemy hunger, feed him: if he thirs●… give him drink; for in so doing thou shalt heap coals of fire on his head. Be 
August. Epist. 154. Hinc autem dictum est, non resistamu●… malo, ne nos vindicta delectet, quae alieno malo ●…aimum pascit.  not overcome of evil, but overcome evil with good. But here also the same Answer offers itself, which was given above. For at what time it was said by God, Vengeance is mine, I will repay, at the same time were capital judgements exercised, and Laws written concerning Wars. Moreover, benefits are commanded to be done (even then) to enemies, being their own Countrymen. 
Exod. 23. 4. 〈◊〉.  These things notwithstanding, there were, as we have said, both capital punishments, and just Wars upon the Israelites themselves. Wherefore, the same words or the like precepts, though of larger extent, are not now neither to be forced to such a sense: the less, because the division of Chapters is not from the Apostles, nor their age, but of much later time, for the more distinct reading, and easy allegation of the text. So, the beginning of the 13. to the Romans, Let every Soul be subject to the higher powers, and that which follows, was continued with those foregoing precepts against revenge. Now, in this dissertation Paul saith, the public powers are Ministers of God, to execute wrath (i. e. punishment) upon them that do evil: therein most plainly distinguishing between vengeance for the public good (which is administered in behalf of God, and is to be referred to the vengeance reserved to God;) and that revenge for private satisfaction, which he forbade in the former words. For, if you will have that vengeance also which is expected for the public good, comprehended in that ininterdict, what will be more absurd, than for the Apostle, when he had said we must abstain from capital judgements, presently to add, The public powers are ordained of God for this end, to exact punishments in his stead?   

XXV. The fifth, sixth and seventh Objections answered.  
THe fifth place which some make use of is in the second Epistle to the Corinthians: Though we walk in the 
2 Cor. 10. 3, 〈◊〉.  flesh, we do not War after the flesh: For the weapons of our warfare are 〈◊〉 
* Chrysostomus hoc loco intelligit, opes, gloriam, potentiam, eloquentiam, solertiam, ●…sationes, as●…tationes, sallacias.  carnal, but mighty through God 〈◊〉 the pulling down of strong-holds, etc. Bu●… this place makes nothing to the matter. For both the antecedents and consequents do show, that by the name of flesh, Paul understands here the weak constitution of body, which came under their eyes, and in respect of which he was contemned. Hereunto Paul opposeth his weapons, that is, the power given him, as an Apostle, to subdue the refractory, such as he used upon Elymas, upon the incestuous Corinthian, upon Hymeneus and Alexander. This power, he saith, is not carnal, that is, weak: yea on the contrary, he asserteth it to be most mighty. What is this to the right of capital punishments, or of War? Yea, on our side, because the Church at that time was destitute of aid from the public powers, Therefore had God raised up, for her defence, that prodigious power, which began afterward to fail about the time when Christian Emperors were given the Church, even as Manna ceased, when the Hebrew people were come into the fruitful Land. That which is alleged, 
Eph. 6. 11.  sixthly, out of the Epistle to the Ephesians, Put on the whole Armour of God, that ye may be able to stand against the wiles of the devil: for we wrestle not against flesh and blood, (supply, only, after the Hebrew phrase) but against principalities, etc. This place, I say, speaks of the fight which belongs to Christians, as they are Christians, not, which they may have common with other men, upon certain occasions. The place of James which is urged, seventhly, From 
jam. 4. 1.  whence come Wars and fightings among you? come they not hence, even of your lusts that War in your members? etc. This contains nothing universal: only it saith, the Wars and fights, whereby the dispersed Hebrews were at that time miserably dashed to pieces, and beaten one by another (some part of which sad story is to be seen in 
* Antiq. l. 18. cap. 12. & lib. seq.  Josephus) had their rise from causes not commendable: a thing which comes to pass in our days also, as we see with grief 
† Divitis hoc ●…tium est auri. nec bello suc●…, Fagious asta bat●…●…phus ante dapes. T●…bul. Lucan 〈◊〉 O prodigia 〈◊〉 〈◊〉, nunquam 〈◊〉 con●… pa●… tu. etc. Cic. the fi●… 1. Ex capioitalibus odia, dissilia, discordiae, seditiones, bella nascuntur. Mar●…, Tire us. Nunc omnia bellis plena: ubique enim oberrant cupiditat●…, & per omnes terras excitant appetitum rerum alienarum. Dioge●… dictum huc pertinet: Non enim ex his qui polentam edunt, 〈◊〉 sures existunt, aut bellorum auctores. Hicronymus adversus Jovinianum 2. Diogenes tyrannos & sub●…rsores urbium bellaqut 〈◊〉 hostilia, vel civilia, non pro simplici victu olerum pomorunique, 〈◊〉 pro carn 'em & ●…pularum deliciis asserit oxcitari. Polybius: 〈◊〉 mus necessariis contentus, also ad saptendum Magistro non eget. . As for that which was spoken to Peter, They that take the sword shall perish by the sword, seeing it properly pertains not to War considered in common, but to private War (for even Christ himself gives this reason, why he forbade or neglected the defence of himself, because his Kingdom was not of this world) it shall be more rightly handled in its own place.   

XXVI Of the opinion of the ancient Fathers. The first Observation.  
WHen the question is about the sense of a writing, both the following practice, and the authority of wise men is wont to have much value. This is a good rule in the interpretation of holy Scripture. For it is not probable, that the Churches founded by the Apostles, did either suddenly, or all of them depart from those things, which the Apostles having briefly written, had explained more largely by word of mouth, or also introduced into the practice and use of Christians. Now, our opponents that fight against Wars, usually draw out unto their aid, some speeches of the ancient Christians: to which I have three things to say. The first is this: No more can be collected out of those speeches, than the private opinion of the speakers, not the public judgement of the Churches. It is moreover to be noted, that the Authors of those sayings love to go single, for the most part, and to teach somewhat of a higher strain, than others; namely, Origen and Tertullian; who yet are not very constant to themselves. For the same Origen saith, God hath given us a lesson in the Bees, That just and orderly Wars may be waged amongst men, if necessity require. And the same Tertullian saith, That it is good when Offenders are punished no man denies 
† Idem Tertul. de anima. Quis non praeserat saeculi ●…ustitiam, quam & Apostolus non seustra gladio accinctum accinctum, que pro homine saeviendo religiosa est? Et ad Procons. Scapula: Non te terremus, qui nec time●…us. Sed velim ut omnes salvos sacere possimus, monendo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Potes & officio jurisdictionis tue fangi, & humanitatis meminisse, vel quia & vos sub gladio estis. . And he is at a stand concerning Warfare; for in his De Idolatria, he proposech the question, Whether Christians may turn Soldiers, and Soldiers Christians; Where he seems to incline to the opinion against War. But in his De corona militis, when he had disputed some things against warfare, presently he distinguishes those that were Soldiers before their Baptism, from others that after Baptism enter into Arms. Plainly, saith he, their case is otherwise, whom Christian Religion found out after they were engaged in the profession of Arms, as the Soldiers whom John admitted to his Baptism; as the most faithful Centurions, whom Christ commendeth, and whom Peter instructeth. Provided, that after their receiving of the faith 
* Distinctionem quam hic de militia affert, alibi ad nuptias applicat, tum lib. de Monogamia, tum exhortatione castitatis.  and signing it, they forsake the War, as many have done; or else, by all means beware, they commit no offence against God. His opinion therefore was, that they continued Soldiers after Baptism: which certainly they would not have done, had they understood warfare to have been forbidden by Christ; no more than Soothsayers, Magicians, and other professors of unlawful 
† Tertul. de idolatria. Ad ecclesiam non admittuntur, qui artes exercent, quas Dei disciplina non recipit. Aug. de fid. & op. Meretrices & histriones & quilibet alii publica turpitudinis professores, nisi solutus aut diruptis tatibus vinculis, ad Christi sacramenta non permittuntur accedere. De histrione exemplum vide apud Cyprianum Ep. 65.  Arts, were permitted after Baptism to remain in their Art formerly professed. In the same Book, praising a certain Soldier, and one that was a Christian, he spareth not to exclaim, and style him, 
* O militem in Deo gloriosam!  a Soldier glorious in God.   

XXVII. The second Observation.  
OUr second Observation is, That the Christians have either disallowed or avoided serving in the Wars, by reason of circumstances and condition of the times, which would scarce permit Military orders to be executed without some acts repugnant to the Christian Law. In the Letters of Dolabella to the Ephesians, extant in Josephus, we see the Jews requested immunity from expeditions of War; because in such a mixture with strangers, they were not able to keep their legal rites with due observance: and because they were constrained to carry Arms, and make long marches upon the Sabbath days. For which causes, they obtained a dismission from L. Lentulus, as the same Josephus showeth. He declares in another place, that when the Jews were commanded to depart the City of Rome, some of them were listed, others punished for their refusal out of a reverence toward their own Country-Laws; for those reasons which we have mentioned: unto which sometimes a third was added, because they had a necessity imposed on them to fight against their own Country men. But, to take arms against those of their own Nation was great impiety, to wit, when their Country men were persecuted, for observing the Laws of their Fathers. Nevertheless as often as the Jews could eschew these incommodities, they bore arms, eve●… under foreign Kings; but, 
* Joseph. 11. Historiae ant quae.  persisting in their Father's Ordinances, and living according to their prescript: which they were wont to secure themselves of, by agreement aforehand, as the same Josephus testifieth. To these hazards 〈◊〉 those most like, which Tertullian objecteth against serying in the Wars in his time: The ensign of Christ hath 〈◊〉 
Lib. de Idol.  agreement with the ensign of the dev●… nor the oath of God with that of man for the Soldiers were made to swear by the Gods of the Gentiles, J●… Mars, and the rest. Again: shall a Christian 
Lib. de cor. miluis.  keep watch for the Temples, whi●… he hath renounced, and eat there when the Apostle will not permit him? s●… he guard those evil spirits by night whom he hath exorcised by day? a little after: How many other great off●…ces may be viewed in the Camp-Offices which must needs be interpreted transgressions of our Law?   

XXVIII. The third Observation.  
THirdly we note, that the Christians of the first times were inflamed with so great ardour to undertake all things which were most excellent, that they oft embraced divine Counsels for commands. The Christians (saith Athenagoras) do not go to law with them that by violence take away their goods. Salvian saith, it is the will of Christ, that we let go the things ab ut which is any controversy, that we may be acquitted of the suit. But this, so generally taken, is perhaps a matter of Counsel, and of a more sublime and perfect way of life 
* Concil. Carth. 4. Episcopus nec provocatus de rebus tran●… litiget. Ad●… A bros l. 2. Off. c. 21. & Grego●…. M. l. 2. Ind. 11. Epist. 58. , but not under any precise command. In like manner, very many of the ancients disapprove all oaths, without exception; yet Paul, in a matter of great consequence, used an oath. Tatian speaks of a certain Christian that refused the praetorship: and saith Tertullian, a Christian loves not to be made an Aedile. So Lactantius will not let a just man (such he would have every Christian) go to War: neither would he have him go to Sea. And how many of the old Doctors dehort Christians from Marriage? All which particulars, suppose they be laudable, excellent, very acceptable to God, yet are they not required at our hands by the necessity of any Law. And this is sufficient for the solution of objections.   

XXIX. A Confirmation of the lawfulness of War, out of the Ancients.  
NOw, that we may confirm our doctrine; first there are not wanting to us Writers, and those of the more ancient sort, who think both capital punishments, and Wars which depend thereon, may lawfully be used by Christians. For Clemens of Alexandri●… saith, A Christian, if he be called to govern, will be like Moses, a living La●… unto his subjects, and he will render 〈◊〉 the good rewards, to the evil punishments. And elsewhere describing 〈◊〉 habit of a Christian, he saith, it becom●… him to go barefoot, unless perhaps he be a Soldier. In the 
* Vid●…tur scrip●…usis liber fin ente sae●…ulo secundo.  Constitutions 
L. 7. c. 3.  which bear the name of Cleme●… Romanus, we read thus: All kill●… is not unlawful, but only of the innocent yet is that which is just reserved only 〈◊〉 the Magistrates. But, private authorities being laid aside, let us come to the public authority of the Church which ought to be of greatest weight I say then, that the Church never rejected, nor excommunicated any for serving in the Wars; Which yet oug●… to have been done, and would hav●… been done, if War had been repugnan●… to the new Testament. In the Constitutions 
L. 8. C. 22.  now cited, that writer speaking of such as anciently were wont to be admitted to Baptism, or rejected from it, saith: Let a Soldier requiring Baptism be taught to abstain from injuries and oppressions: to be content with his wages. If he observe these things, let him be admitted. Tertullian in his Apologetic speaking in the name of Christians; We go to Sea, and to War 
C. 42. C. 37.  in your Company. A little before he had said: We are strangers, and yet we have filled all places, your Cities, Islands, Castles, Towns, Councils, yea your Camps also. In the same Book he had related, how by the prayers of the Christian Soldiers a shower of Rain was obtained from Heaven to refresh the Army of Marcus 
* Vide & Xiphilinum de hac historia.  Aurelius Emperor. In his De corona he saith, That Soldier that threw away his Garland was more constant than his other Brethren; and showeth, that he had many Christian fellow-soldiers. Moreover, some Soldiers were not wanting, who having suffered torments for Christ, even to the death, received from the Church the same honour with the rest of Martyrs; Among whom are remembered the three Companions of Paul 
* Add militem quendam à Cornelio Baptizatum, cujus apud Adonē mentito. ; Cerialis under Decius, Marinus under Valerian, fifty under Aurelian; Victor, Maurus, and Valentinus the Master of the Soldiers under Maximianus; Marcellus the Centurion about the same time; Sevorian under Licinius. Concerning Laurentinus and Ignatius Africans, these are the words of Cyprian, Being Soldiers in the secular warfare, but spiritual Soldiers too, whilst they get the victory over the Devil by the confession of Christ, they have obtained, by their passion, victorious palms and glorious Crowns of their Lord.   

XXX. Further proof out of Ecclesiastical History.  
FRom the former testimonies it is evident, what opinion the community of Christians had of War, even before the Emperors were Christian. If, in those times, the Christians were not willingly present at capital punishments, it may not seem a wonder, when for the most part Christians were the persons condemned. Add hereunto, that in other matters also, the Roman Laws were harder than Christian lenity would suffer, as appears sufficiently, though we instance only in the 
* Cujus asperita●em mitigavit Adrianus Imp. ut apud Spart●anum est. Asperis Romanorum legibus addi possunt quae servum nisi tortum testimonium dicere vetant.  Silenian Decree of Senate. But, after Constantine began both to approve and advance the Christian Religion, capital punishments did not therefore cease. Yea Constantine himself, among other Laws, made one about sowing up parricides in a sack: which Law is extant in the Toad 
* Tit. de iis qui par. vel lib. occiderunt. : though otherwise in exacting punishments he was so gentle, that he is accused of too much 
* Zonaras: Clementem se os●…ndebat iis qui pravam vit●…m deseruerant, quod diceret abscindendum membrum agrotans ac putridum, ne sana contagio corrumpat, non id quod aut sanatum jam sit, tue 〈◊〉. Vide & Eusebium. S. cut de nimia Constantini Christianos, ita de 〈◊〉 aldi regis questos Dan●…s a pud Saxonem Historicum invenias.  lenity by some Historians. Besides, He had in his Army very many Christians, as the Histories do teach us, and inscribed on his Ensign the name of Christ. And from that time was the military oath changed into that form, extant in Végetius: By God and Christ, and the Holy Spirit, and by the Majesty of the Emperor, next after God to be loved and honoured by mankind. And at that time, among so many Bishops, of whom many had suffered very much for Religion, we do not read of any one, who deterred either Constantine wholly from capital punishments, and from War, or the Christians from serving in the War, by threatening them with the wrath of God for the same: when yet there were very many most rigid keepers of Discipline, and such as would not dissemble or pass by any thing that pertained either to the Office of the Emperors or of other men. Such a Prelate was Ambrose in the time of Theodosius, whose words are these: It is no sin to be a 
Serm. 7.  Soldier; but, for a Soldier to fight for the spoil only, that's a sin. And in another place: Valour, which either in 
De Offic. l. 1. c. 27.  War defends our Country from Barbarians, or at home defends the weak, or our friends from robbers, is full of justice. This Argument is to me of so much weight, that I require no more. Yet am I not ignorant, that Bishops 
* Augustin. Officium sacerdotis est intervenire pro reis. In ejus Epistolis multa sunt hujus bonitatis specimina.  often, and the Christian people, by the●… intercessions averted punishments, especially the capital ones: and, that 〈◊〉 custom was introduced, that persons who had fled unto the Church 
† Vide Chrysostomum 16. de Statuis. Concil. Aurelian. c. 3. legem Wisigothorum l. 6. tit. 5. 16. 9 tit. 2. 3.  and taken Sanctuary, were not rendered without promise given to save their lives: and, that at Easter 
* L. Nemo, C. de Episc. audientia. , they should be delivered out of prison, whom their crimes had ●…aid there: But, whosoever, shall advisedly consider these, and such like things, will find, they are indeed signs o●… Christian goodness, taking all occasion of showing mercy, not arguments of a mind condemning all sentences of death upon capital offenders: wherefore, those benefits, and intercessions too, were tempered and limited by certain 
† Quas vide apud Cassiadorum. 11. 40. etc. inter alia de immunitate Ecclesiastica in Decreto.  exceptions both of times and places.   

XXXI. The twelfth Canon of the Nicene Council objected and answered.  
SOme do here object against us the twelfth Canon of the Nicene Council, which is to this effect: Such 
* Simeon Magister in ejus Canonis epitome: Qui vi adhibita vis●… sunt restit isse, sed ab impietate victi sunt, & militiam resumsere, decem per annos abstineantur. Eundem hujus Canonis sensum exprimunt Balsamo & Zonaras & Russinus l. 10. c. 6.  as have been called by grace, that have showed their first love and faith in throwing off their belt, and have afterward like Dogs returned to their vomit; some giving money and bribes to return into their place; let them lie among the penitents ten years, after they have been three years among the Hearers. But in them all must be observed the sincerity and measure of their repentance. For, they that by fear, and tears, and patience, and good works do show their conversion to be without hyprocrisy, after they have fulfilled their appointed time of hearing, shall be admitted to the prayers of the Church, and afterward the Bishop may entertain some favourable thoughts concerning them. But, they that have indifferently and slightly taken their fall, and think it sufficient to their conversion, if they have but entered into the Church, shall without any dispensation fulfil the whole time appointed. The time itself of thirteen years is evidence enough, that no light or ambiguous fault, but some grievous and undoubted crime is here meant. And certainly 'tis no other than 
* Quod principale crimen, summus saeculi reatus dicitur Tertulliano de Idolatria: Gravissimum & extremum delictum Cyprian, Ep. 12.  Idolatry. For the times of Licinius mentioned afore in the eleventh Canon, aught to be understood in this: as it often happens, that the sense of the Canons subsequent depends upon the precedent; for example, see the eleventh Canon of the Eliberin Council. Now Licinius, as Eusebius relates, cashiered the Soldiers that would not sacrifice 
† Sulpitius Severus: Sane tum Licinius qui adversus Constantinum de Imperio certavit, milites suos litare praeceperat: abeuntes militia rejiciebat. Ob hanc causam Valentinianus, quia Imperator postea sactus est, & sub Juliano absecit cingulum. Non dissimile est quod Victor is icensis narrat, mullos sub Hanericho R. militiam temporalem abjicisse quia cum Arianismo connexa.  to his Gods: which also Julian after did: and therefore Victricius with others are read to have cast off the Belts for Christ's sake. So, in for●… times, had one thousand one hundred and four likewise done in Armenia who are remembered in the Martyroso gies; and, in Egypt, Menna and H●…sychius. And so, in the times of Licinius many cast off their Belts, of whom were Arsacius, named among the Confessors and Auxentius, afterward made B●…shop of Mopsvestia. Wherefore they who touched in conscience had once left the Army, had no access unto 〈◊〉 again, under Licinius, but by denial of the Christian Faith. Which denial because it was so much the more grievous, by how much their former a●… did testify their greater knowledge 〈◊〉 the divine Law, therefore are these Apostates more grievously punished th●… those mentioned in the former Canon who without peril either of life or fortunes had renounced Christianity. But to interpret the alleged Canon of Warfare in general, is against all reason: for the History plainly shows, They, that had forsaken the Army under Licinius, and returned not unto it during his reign, lest they should violate the Christian Faith, had their choice given them afterward by Constantine, whether they would be free from serving in the War, or else return again into their places: which, without question, many did.   

XXXII. Leo's Epistle objected and answered.  
SOme do also object an Epistle of Leo, which saith: It is contrary to the Ecclesiastical rules, after repentance, to return unto the secular warfare. But, we must know, in penitents, as well as in the Clerks and Monks, was required a Christian life, not of an ordinary strain, but of a singular kind of purity; that they might be as great examples 
* Leo Epist. 9 ad Rust. Illicitorum v●…niam potistantem oportet etiā●…ultis licitis abstinere. In Epistola Episcoporum ad Ludovicum Regem legimus 〈◊〉 Quilibet tanto à se licita debet abscindere, quanto se meminit & illioita perpetrasse. In Capit. Calvi: Tanto quisque masora quaerat bonorum operum lucra, quanto graviora sibi intulit damna per culpam:  for correction of manners, as they had been afore of transgression. Likewise, in the most ancient customs of the Church, commonly called the Apostolical Canons, that by this sacred name they might be the more reverently received, in the 82. Canon it is enjoined: That no Bishop, Presbyter or Deacon follow the War, and retain at once a Roman office and a sacerdotal Function. For let Caesar have the things that are Cesar God's. Whereby it is manifest, Warfare was not interdicted such Christians as did not aspire unto the honour of the Clergy. More than this, they also were 
† Eusebius demonstrationum l. 1. duplicem describit Christianerum vitam, aliam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, aliam inferiorem, qui in hac sunt eos inter alia iis qui jusle militant agendo indicare.  excluded from the Clergy, who after Baptism had meddled either with Magistracies, or Offices of War, 〈◊〉 may be seen in the Epistles of Syrici●… and Innocentius, and in the Council 〈◊〉 Toledo. The Clergy, we may be su●… were chosen, not out of ordinary Christians, but of those that had given testimony of a most exact conversation. Add, that the military, and some of the civil offices brought with them a perpetual obligation; but, it was not fit th●… the persons devoted to the Holy Ministry, should be diverted from it 
* Vide Canone●… Concilii Moguntini apud Gratianum, titulo, Ne clerici vel monachi.  by any other daily care and labour. Wherefore the 6. Canon too ordains, That no Bishop, Presbyter or Deacon, administ●… any secular charge: the 80. That 〈◊〉 intrude not himself into public administrations: and the 6. among the African Canons, That he undertake nor the procuration 
* Vide Epist. Hieronymi ad Nepotianum.  of other men's affairs, or the defence of causes: and Cyprian judgeth, it is unlawful such persons should be appointed 
† In Epistola ad Presbyteros diaconos & plebem Furnis consistentem. Add l. Generaliter, c. de Episc. & Clericis.  Guardians.   

XXXIII. The last proofs out of Church-story.  
BUt for our opinion we have the express judgement of the Church in the first Council of Arles, held under Constantine; the 3. Canon whereof determines thus: It seemeth good unto us to keep them from Communion, who throw down their Arms in peace: that is, who forsake the War in the times when the Church is free from persecution; for the Christians understood this by the name of peace 
* Tertullianus idolat●…ia: Imo quomodo etiam in pa●… militab 〈◊〉 Idem de fuga persecutionum: Nostrae: ●…ci quod est bellum quam persicu●…? Cyprianus Epistela 10. Quando ipsa ante 〈◊〉 aler nostra Ecclesia pacem de misericordia Domini prior sumscrit. Epist. 22. Cum Dominus coepe●…it ipsi Ecclesiae pacem dare. Epist. 31. Ecclesiae pacem sust. nendam, i. e. exspectandam. De lapsis, Disciplinam pax longa corruperat. Sulpitius Severus: Antonino Pio imperante pax Ecclesiis fuit. Mox Interfectus deinde a inis 38 pax christianis suit. E●…n Constantini aetate: Exinde tranquillis rebus paceperfruimur. Et initio historiae. Vexalionesque pop. Christiani & mox pacis tempora. , as appears in Cyprian and others. Add the example of the Soldiers under Julian, Christians of no mean proficiency, being ready to bear witness to Christ even to the death; of whom saith Ambrose, The Emperor Julian, though an Apostate, had Christian Soldiers under his command. When he gave them the word, Draw out for the defence of the Commonwealth, they obeyed him: but when the word of command was, Draw out against the Christians, than they acknowledged the Emperor of Heaven. And of the same resolution was the Thebaean Legion long before, which in the time of the Emperor Diocletian had received the Christian Religion from the hand of Zabdas the thirtieth Bishop of Jerusalem, and showed forth an example of Christian constancy and patience memorable to all posterity, which we shall relate hereafter. Here it may susfice to set down that speech of theirs, which with solid brevity expresseth the Duty of a Christian Soldier: We offer against any enemy in the world these our hands, which we think impiety to imbrue with the blood of innocent men. These our hands are expert to fight against wicked men and enemies, they know not how to cut in pieces pious men and those of our own Country. We have not forgotten that we took up Arms for our Countrymen, not against them. We have always fought for justice, for piety, for the safety of the innocent: these have been hitherto the price of our perils. We have fought for Faith; which, how shall we keep with yond (they speak to the Emperor) if we preserve it not with our God? Basil, of the more ancient Christians, thus, The slaughters made in War, our Ancestors accounted not for slaughters, having them excused who draw the sword on behalf of piety and virtue.   

XXXIV. That all private War is not unlawful, by natural Law.  
THat some private War may be lawfully 
Ex. l. c. c. 3.  waged, as to the Law of Nature, appears sufficiently by what hath been said above, when we showed, it is not repugnant to the Law of Nature to repel force by force, and defend one's self from injury. But haply some may think it now unlawful, since the constitution of public Courts of Justiee; for although these Courts be not from nature, but from humane Ordinance, yet seeing it is much more honest and becoming, and more conducible to man's quietness, that the matter should be tried before an indifferent Judge, than that the parties themselves interessed, who too often favour themselves overmuch, should execute what they think right, by force; equity and natural reason dictate to us, that it is our duty to observe so laudable an Institution. Paulus the Lawyer saith: It is not to be granted to the parties to do that which may be done publicly by the Magistrate, 
L. non est de R. 1 Cass. l. 4. Var. Epist. 4.  lest it be an occasion of making a greater tumult. And the King Theodoricus 
* Eundem vide in Edicto c. 10. & 124. : Hence it is, that the reverence of the Laws was found out, that nothing might be done by force, nothing by ones own impulse. For what difference between the clamness of Peace and the confusion of War, if controversies be determined by force. The Laws call it force, as often as any man requireth that which 
L. Exstat. D. quod metus.  he thinks due unto him, not by course of Law. Certainly, it must be confessed, the licence permitted before the constitution of Courts of Justice, is much restrained since. And yet since, it sometimes taketh place, namely, where public Justice is wanting: for the Law forbidding a man to seek his own otherwise than by course of Law, ought commodiously to be understood with this clause, where Law and judgement may be had. Now, this is wanting either at the instant, or for continuance: at the 
* Seru. ad 11. Aeneid. Injecere manum parcae. T●…axerunt debitum sibi. Et sermone usus est iuris, nam manus injectio dicitur, quoties nulla iudicis autoritate, rem nobis debitum vindicamus.  instant, as, where the Judge cannot be waited for, without certain peril and loss: for continuance, either by right, or by fact. By right, if one be in places unpossest, as on the Sea, in a desert, in void Islands, and if there be any other places wherein there is no Government: by fact, if the Subjects do not acknowledge the Judge, or the Judge openly hath rejected the trial of such a cause. That we have said, all private War is not repugnant to natural right, even since the constitution of Courts of Justice, may also be made apparent from the Law given the Jews. where God speaks thus by Moses. If a thief be found breaking up, and be smitten that he die, there shall no blood be shed from him. If the Sun be risen upon 
Ex. 22. 2. 3. Molin. disp. 100 sect. dubium vero.  him, there shall be blood shed for him. Truly, this Law, so accurately distinguishing, seems, not only to induce impunity, but withal to explain natural right: nor seemeth it to be grounded in any peculiar divine mandate, but in common equity: Whence we see other Nations also have followed the same. That of the 12. Tables is notable, drawn no doubt, from the old 
* Solonis verba: Si quis de die quod plus quinquaginta drachmu valeleat, suretur, eum jus sit ad undecim viros deduci; quod si quis noc●… vel minimum quid suretur, etiam liceat vel occidere.  Attic Law: If a thief steal by night, and be killed, he is justly killed. So, by the Laws of all Nations, whom we have known, is he judged guiltless, who hath by arms defended his life against a violent assault. This so manifest consent is testimony enough, that here is nothing contrary to natural right.   

XXXV. Nor by the Law Evangelical. Objections proposed.  
COncerning the more perfect, voluntary divine Law, that is, the Evangelical, there is more difficulty. That God, who hath more right over our lives than we have ourselves, might have required of us so much patience, as to lay down our lives, and, when we are brought in danger by the assault of a private person, rather choose to be killed than to kill, I do not doubt. But, the question is, whether it hath pleased him to oblige us so far, or no. On the affirmative part, are usually brought two places, which 
Mat. 5. 39 Rom. 12. 19 Ubi Latina versio habet, Non vos defendentes.  we alleged afore upon the general question. But I say unto you, resist not the injurious person: and Revenge not yourselves, dearly beloved. There is a third place in those words of Christ 
* Mat. 26. 52.  to Peter, Put up thy Sword into the sheath; for they that take the Sword, shall perish by the Sword. Some add unto these, the example of Christ who died for his 
Rom. 5. 8, 10.  enemies. Nor are there wanting among the old Doctors, who although they disapproved not public Wars, were nevertheless of opinion that private defence was forbidden. We have above set down some places of Ambrose for War; and more of Austin, and more clear, known to all. Yet hath the same Ambrose said: And perhaps therefore 
Lib. 10. in Luc.  the Lord said to Peter, showing two Swords, It is enough, intimating it was lawful until the Gospel came, which instructeth us in the truth, as the Law did in Justice. The same Father elsewhere: A Christian if he fall upon 〈◊〉 armed thief, cannot strike him again 
De offic. 3. 3.  that striketh; lest while he defends his safety, he offend against piety. And Augustin hath said: I do not indeed reprehend the Law which permitteth suc●… 
Lib. 1. de Lib. arb. c. 5. Epist. 154. ad Publicolum. Cap. 43. & 55.  (thiefs and other violent assaulters) to be slain, but how to defend those the slay them I do not find. And elsewhere: As to killing of men, lest one be killed, I do not like that course, unless perhaps one be a Soldier, or bound by public Office, that he doth not this for himself but others, having received lawful power. And that Basil was of the same mind, appears sufficiently out of his second Epistle to Amphilochius 
* Add Conc'l. Aurelianensis canonem citat. à Gratiano c. ult. caus. 13. q. 2. .   

XXXV. The lawfulness of private defence confirmed.  
BUt the opposite opinion, as it is more common, so it seemeth unto us more true, that an obligation is not laid upon us to be so patient. For we are commanded in the Gospel to love our neighbour as ourselves, not above ourselves: yea where equal evil is imminent, we are not forbidden to provide for ourselves 
* Cassiodorus de Amic. Sane nullus aliquo praecepto, vel aliqua ratione tenetur, salutem animae proximi perditione animae suae; aut corporis ejus liberationem, citra spem perpetuae salutis, proprii Corporis interitu procurare.  rather than for others, as we showed above by the authority of Paul explaining that rule of beneficence. Some perhaps urge against us thus: Although I may prefer my own good before my neighbour's, yet this hath not place in unequal goods: wherefore my temporal life is rather to be deserted than the invader permitted to fall into eternal damnation. But thus it may be answered: He that is invaded hath oftentimes himself also need of time to repent, or hath some reason to think so; and that the assailant too may possibly find some space for repentance before his death. Besides, in a moral judgement, that peril seemeth not fit to be regarded, into which a man casts himself, and from which he may free himself, if he will. Certainly, some of the Apostles, even to the last times, Christ himself seeing and knowing it, scem to have made their journies armed with the sword: and that othe●… Galileans travelling out of their Country toward the City did the same, 〈◊〉 reason of danger on the way from Robbers, we earn out of Josephus; Wh hath also delivered the same of the 〈◊〉 senes, men most innocent and harmele●… Hence it was, that when Christ said 
Luke 22. 36.  the time was at hand, when he th●… wanted a Sword should sell his garment and buy one, presently the Apost●…es answered (for there were non●… but Apostles in that Company:) they had among them two Swords. Moreover, that which Christ said, although in truth it contains not any precept, but is a proverb, signifying very grea●… dangers to be at hand, as appears plainly 
Vers. 35.  by the opposition of the first 〈◊〉 which was safe and prosperous; yet 〈◊〉 it such, as is manifestly taken from the usual custom, and which the Apostles esteemed lawful. And surely 〈◊〉 were not lawful to have Swords (they are the words of Cicero) if it be not lawful in any wise to make ●…se of them.   

XXXVI. The Objections answered.  
THat precept of Christ, not to resist him that doth injury, is not more universal, than that which follows, Give to every one that asketh: which yet admits of an exception; So that ourselves be not too much burdened: yea, to that precept of giving, no restriction is added, but it is restrained only by the sense of equity, whereas the precept of not resisting hath its explication adjoined by the example of a blow on the cheek; that we may understand ourselves to be then precisely bound, in case the injury offered us be either a blow on the cheek, or equal to it; for otherwise it had been fitter to say, Resist not the injurious, but rather lose your life, than use your arms. In the words to the Romans, Avenge not yourselves: for so it is, (not Defend not yourselves:) as the 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 1 Judith 2. & 2. 1. Luke 18. 7, 8. 21. 22. 2 Thes. 1. 8. 1 Pet. 2. 14. Rom. 13. 4. 1 Thes. 4. 6.  word is used in other places, and here the connexion manifestly shows: The words are these, Recompense to no man evil for evil: a description of revenge, not of defence, this. And Paul supports his precept with a place of Deuteronomy, Vengeance is mine, I will repay: where the word in Hebrew, translated Vengeance, hath properly that signification, and the sense of the place will admit no other. That speech of Christ to Peter, contains indeed a prohibition of using the Sword, but not in the case of defence: neither had he any need to defend himself: for Christ had spoken on behalf of his Disciples: Suffer these to go away: that his saying might be fulfilled; Of those whom thou 
* Jo. 18. 8, 9  hast given me, have I lost none: 〈◊〉 Christ; for he would not be defended. Therefore he adds in John, this cause of his prohibition, Shall I not drink 〈◊〉 
Vet. 11.  the cup which my Father hath give●… me? and in Matthew he saith, How then should the Scriptures be fulfilled which say these things ought to be done? Wherefore, Peter a man of a hot Spirit, was transported, itseems, with 〈◊〉 mind of revenging, not of defending his Master. Add, that he took arms against those that came in the name 〈◊〉 the public powers; Whom, whethe●… in any case it be lawful to resist, is a peculiar question, to be handled by us hereafter. That which the Lord saith after, All they that take the sword, shall perish by the sword, either is a proverb taken from vulgar use; whereby is signified, that blood draweth blood, and so the use of arms is never without peril: or, it declares 
* Quae Origenis, Theophylacti, Titi & Eu thymii sententia est. , that we have no reason to prevent God in taking revenge, which he in his time will duly exact: just as in the Apocalypse, He that killeth with the sword, must be killed with the sword: Here is the patience and the faith 
Apocal. 13. 10.  of the Saints. Wherewith agrees that of Tertullian: So bounteous a rewarder of patience is God; that if you commit 
Adeo satis idoneus patientiae sequester Deus: si injuriam deposuer is penes eum ultor est; si dolorem, medicus; si mortem, resuscitator est: quantum patientiae licet, ut Deum habent debitorem. Tertul.  your injury to him, he is a Revenger; if your grief, a Healer; if your death, a Reviver. How great is the power of patience, to have God himself a Debtor to it? And withal, in these words of Christ, seems to be contained a prophecy of the revenge, which was to be executed upon the bloody Jews by the sword of the Romans. To the example of Christ, who is said to have died for his enemies, it may be answered, That it is true, all the actions of Christ are full of virtue, and such as (so far as may be) it is laudable to imitate, and 'twill not want a reward: yet are they not all of such a sort, that they either proceed from some Law, or impose a Law on us. For, that Christ died for his enemies and the wicked, was not determined by any Law, but by agreement as it were, and special Covenant made with his Father: who, upon that condition, promised him not only the highest glory, but a seed to endure for ever. Besides, Paul 
Es. 43. 10. Rom. 5. 7.  shows this to be a singular and unparallelled act of Christ: and Christ commands 
1 Jo. 3. 16.  us to expose our lives to danger, not for all sorts of men, but for those that are partakers of the same Discipline. As for the sayings produced out of Christian writers, they seem partly to contain Counsel rather and a commendation of a more excellent way, than any strict precept; and partly are their own private opinions, not of th●… whole Church. For in the oldest Canons 
* Can. 45. c. si vero: etc. signif. , which are called the Apostles excommunication is not denounced 〈◊〉 against him, who in a fray at the 〈◊〉 stroke hath slain his enemy, 
* Ob nimium calorem.  for his too much heat and forwardness And Austin, whom we brought on the 
Ambros. l. 10. in Luc. O domine, cur me emere subes gladium, qui ferire me prohibes? Cur haberi praecipis, quem vetas promi? nist 〈◊〉 ut sit parata defenslo, non ultio necessa●….  other side, seems to go into this opinion, quaest. 84. in Exod.   

XXXVIII. Public War solemn, or less Solemn.  
Public War is either Solemn by the Law of Nations, or less Solemn. What I here call solemn is commonly called just, in the same sense as a just Testament is opposed to Codicils 
* Ita inter cives erant quaedam matrimonia non justa, non justi liberi. Paul. sent. l. 2. t. 19 Sic & libertas quaedam non justa. Sen. de vit. bea. c. 24. : not that it is not lawful for him that pleaseth to make Codicils, but because a solemn Testament hath, by the Civil Law, some peculiar effects. This is worth our observation, seeing many misunderstanding the word just, conceive all Wars to be condemned as unjust and unlawful, whereunto this appellation of just is not agreeable. That War, according to the Law of Nations, may be solemn, two things are requisite: first, that it be waged on both sides by his authority who hath the highest power in the Commonwealth: Secondly, that certain rites be used, of which we shall speak in due place. One of these, because they are both required, without the other, doth not suffice. Public War less solemn, may want those rites, and 〈◊〉 waged against private persons, and ●…ave for the author any Magistrate. And truly, if the matter be considered without civil Laws, it seemeth that every Magistrate hath right to wage War, as for defence of the people committed to his charge, so for the exercise of jurisdiction, if he be opposed by force. But because by War the whole Commonwealth is endangered, therefore by the Laws of all people almost, it is provided, that War be not undertaken without the authority of him, whose power in the Commonwealth is highest. There is exstant such a Law of Plato's 
* Ult. de leg. L. 3. D. adl. Jul. maj. ; and in the Roman Law, it is called treason in him, who without the command of the Prince hath waged War, or listed Soldiers and raised an Army. In the Cornelian Law brought in by L. Cornelius Sylla it was, without the command of the people. In Justinians Code is exstant a Constitution of Valentinian and Valens: 
* Nulli prorsue nobis insciis atque inconsultis quorumlibet armorum movendorum copia tribuatur.  None have leave to take any arms without our knowledge and direction. Pertinent is that of Austin 
* Citat Gratian. c. 23. qu. 1. ex Lib. 22. c. 74. cont. Faust. Apud Heb●…aeos bellum omne quod speciali Dei sussu suscipitur, vocatur Bellum potestatum. : Natural order for preserving peace among men requires this, that 〈◊〉 thority and counsel in undertaking 〈◊〉 should remain in the Princes. But, 〈◊〉 all sayings how universal soever 〈◊〉 be interpreted by equity, so must 〈◊〉 Law. For first, there is no doubt, 〈◊〉 that 'tis lawful for one having juri●…ction, by force of his Apparitors or 〈◊〉 jeants to constrain a few disobed●… persons, as oft as there is no need 〈◊〉 greater power to that purpose, and 〈◊〉 danger imminent to the Commonwealth. Again, if it be so present 〈◊〉 danger, that time will not admit of consultation with him, who hath sup●… power, here also necessity affordeth 〈◊〉 exception. By this right L. Pin●… 
* Liv. l. 39  Governor of Enna a Garrison in 〈◊〉 cily, having certain information that 〈◊〉 Townsmen were falling off to the 〈◊〉 thaginians, making a slaughter of then kept the Town. Without such necessity, to revenge the injuries which the King neglecteth to pursue, a right of 〈◊〉 ring is allowed to the Citizens by the bolder pen of 
* Vict. deju. belli, n. 9 Molin. disp. 100 sect. idem Vict.  Franciscus Victoria but his opinion is by others justly rejected.   

XXXIX. Of War waged by inferior Magistrates.  
IN such cases, wherein the lower powers have right to make War, the Interpreters of Law do not agree, whether that War may be called public. Some say, Yea 
* Ajala deju. bell. l. 1. c. 2. : some, No 
* Innoc. c. olim de rest. spol. n. 8. . Certain●…y, such Wars are public, if by pub●…ick we mean that which is made by the right of the Magistrate; and therefore, they that in such a case oppose themselves against the Magistrates fall into the punishments of persons contumacious against Superiors. But if public be taken in the more excellent signification for that which is solemn (as it is without controversy oft taken) those Wars are not public, because to the plenitude of that right, both the judgement of the highest power, and other things are requisite. Nor am I moved with this, that in such contention also they are wont to take the spoil of the resisters and give it to the Soldier 
† Livius D. loco. : for this is not so proper to solemn War, but it may have place elsewhere 
* Vct. n. 29. Cajet. 2. 2. qu. 40. art. 1. . And it may also happen, that in an Empire of larger extent, the inferior powers may have power granted them to begin a War: in which case, the War is supposed to be made by the highest Power; because, every one is judged author of that which he giveth another Commission to do. That is more Controver●… whether a conjecture of the will of th●… highest, where there is no mandate, 〈◊〉 sufficient. To me it seemeth not. For 〈◊〉 sufficeth not to see, what would be the pleasure of him that hath the highe●… Power, if he were consulted with in this conjuncture of affairs; but this is rather to be considered, what he, wher●… the matter admits delay, or is of doubtful deliberation, may desire should be done without consulting with him, if a Law were to be made about it. For, although in some particular fact the particular reason ceaseth, which moves the will of the Sovereign, yet the universal reason holdeth, which requires dangers to be withstood. Which cannot be, if every Magistrate draw unto himself the judgement thereof. Justly therefore 
Liv. l. 48.  was C. Manlius accused by his Legates 
* Or, Lieutenants. , because without command of the Roman people he had made Wa●… upon the Gallo-Grecians; for, albeit the Legions of the Galli had served in the Army of Antiochus, nevertheless after the peace agreed on with Antiochus, whether that injury were to be revenged upon the Gallo-Grecians, was not at the pleasure of C. Manlius but of the people of Rome. That C. Caesar for carrying War against the Germans, should be yielded up to the Germans, was the sentence of Cato; not so much (as I conceive) regarding justice, as desiring to acquit the City from the fear of an Usurper; for the Germans had given aid to the Gauls, enemies of the Roman people, and therefore had no reason to complain of injury done them, if the Romans had just cause of warring against the Gauls. And yet Caesar ought to have been content with the expulsion of the Germans out of Gallia, the Province committed to him, and not to pursue the Germans with War within their own bounds, especially without any appearance of danger thence, unless he had advised first with the people of Rome. So then, the Germans had no right to require him to be given up into their hands, but the people of Rome had right to punish him: just as the Carthaginians answered the Romans, Whether Saguntum wa●… assaulted by private or public Counsel, 
Liv. l. 31.  we conceive is not to be made the question; but this, whether it was assaulted justly, or unjustly: for to ourselves is an account to be given by our Citizens, whether he did it of himself, or by Commission; With you this alone is disputable, whether it vere a violation of the league or no. Cicero defends the action both of Octavius and Decimus Brutus, who on their own heads took Arms against Antonius. But, suppose Antony dese●…ved hostile opposition, yet was the judgement of the Senate and people of Rome to be waited for, whether it were for the good of the Commonwealth to dissemble what was done, 〈◊〉 to revenge it; to come to conditions of peace, or go forth to War. For no man is compelled to use his own right, which is often conjoind with hazard. Again, suppose Antonius be declared an enemy, 
App. c. 4.  yet the deliberation was to be left to the Senate and people of Rome, by whose conduct especially they would p ease to make the War. Thus the Rhodians answered Cassius, when he demanded aid according to the league, that they would send him aid if the Senate would command. Being admonished by this example (and we may meet with more) let us remember not to approve of all things, though delivered by Authors of greatest name; for they often serve the times, or their affections, and bend the rule as occasion requires? wherefore 〈◊〉 must take some pains in matters of this nature to clear the eye of our judgement, and examine things thoroughly, and no●… rashly draw into example what may rather be accounted capable of excuse, than worthy of our praise and imitation: Wherein some fall into pernicious errors. Now whereas it hath been said, that public War is not to be waged unless by his authority who hath the highest power, to the understanding hereof, and of that question that is about solemn War, and so to many other purposes, it will be necessary to understand what is that highest Power, and who have it: and so much the more necessary, because in our age learned men, every one having pursued that Argument rather according to the exigence of present affairs, than according to the Truth, have rendered the matter much more difficult, which of itself is not very easy.   

XL. Wherein consisteth civil Power.  
THe moral faculty of Governing a City 
* Or, Common wealth. , which is styled by the name of civil Power, is described in Dionysius Halicarnessensis by three especial notes, a right of creating Magistrates, a right of making and abolishing Laws, 
* Servius ad 1. Aen. Omni ditione. Rectius omni quam omnis: ut significet omni potestate, pace, le gibus, bello. Lib. 4. Lib. 7. Lib. 2.  a right of decreeing War and Peace; elsewhere he adds a fourth, Courts of justice; and elsewhere the care of Religion, and calling of assemblies. Others 
* Thucydides civitatem, quae vere civitas est, vooat, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  express themselves otherwise. But if one will make an exact partition, he shall easily find all that pertains hither, so that nothing may be wanting or superfluous. For the Governor of a City governs it partly by himself, partly by others. By himself he is either conversant about universals, or about singulars. About Universals, by making and abolishing Laws, as well about sacred (so far as the care of them belongs unto the City) as about civil affairs. This art is called by Aristotle architectal. The singulars about which he is 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  conversant, are either directly public, or private, yet in order to the public. Directly public are Actions, as of Peace, War, Leagues; or Things, as Tributes and the like: Wherein is comprehended also that eminent Dominion, which the City hath over the Citizens and their estates for the public use. The Art about these is expressed in Aristotle by the general name political or civil, and 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  is also called the Art of consultation. Private things are such as are controverted between party and party, which it concerns the public quiet to be determined by public authority. And this Art is by Aristotle termed judicial. The things done by another, are dispatched 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  either by Magistrates, or by other procurators, to which number Ambassadors are to be referred. And in these particulars consisteth the civil power.   

XLI. What Power is Highest.  
THat is called the Highest Power whose acts are not under the right of another, so as to be made void at the pleasure of another humane will. When I say of another, I exclude him who enjoyeth the highest Power (who may change his own will) as also his Successor 
* Cacheran Decis. pedem. 139. num. 6. , who enjoyeth the same right, and therefore hath the very same power. Let us now see, in what subject this highest power is. There is a common subject, and a proper subject: as the common subject of sight is the body, the proper is the eye; so the common subject of the highest Power is a City, that is, a perfect society. We exclude therefore people or Countries that have yielded up themselves, or fallen to the dominion of another people, such as were the Provinces of the Romans: for these are not by themselves a City, as now we take the word, but less worthy members of some great City, as servants are members of the family. Again it comes to pass, that several Nations or Countries have one and the same head, which do nevertheless every one make up a perfect society by themselves: for it is not in the moral body as in the natural; in the natural, one cannot be the head of several bodies; but in the moral, the same person, considered in a divers relation, may be the head of bodies many and distinct. Whereof this is a certain Argument, that the Royal Family being exstinct, the Empire 
Vict. de ju. belli, n. 7.  returns to every people severally. So also it may happen, that more Cities may be confederated one with another by a most close league, and make certain System, as Strabo uses to speak and yet, not any one of them ceases 〈◊〉 retain the State of a perfect City: which is noted both by others, and by Aristotle in more places than one. 〈◊〉 then, let a City, so understood as we hav●… said, be the common subject of the highest Power: the proper subject is a person, one or more, according to the 〈◊〉 and customs of every Nation 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Galenum lib. 6. de placit. Hip. & Plat. .   

XLII. That the highest Power is 〈◊〉 always in the people.  
HEre is first to be rejected their opinion, who will have the highest Power every where, and without exception, to be in the people, so 〈◊〉 they may restrain and punish Kings, as oft as they use their power amiss: which opinion, how many mischiefs 〈◊〉 hath occasioned, and may yet produce, if it be throughly en●…rtain, every wise man sees. We oppose these Arguments against it. It is lawful for 〈◊〉 every man to addict and yield himself into private servitude to whom he pleaseth, as appears both out of the Hebrew 
Ex. 21. 6. Instit. de jure person. sect. Servi aut. Gell. l. 2. c. 7.  Law and the Roman. Why then may not any people, being at their own dispose, give up themselves to one or more, so as to transcribe the right of governing them wholly to their Ruler, no part of that right retained or reserved to themselves? Nor may you say, that cannot be presumed: for we do not here inquire, what may be presumed in a doubtful case, but what may be done in 
Gall. de Arrest. 1. 6. 22. & seq.  point of right 〈◊〉 vain also are here alleged the incommodities that follow, or are possible; for what kind of Government soever you shall frame in your mind, you will never exclude all incommodities or hazards. You must be content, in every way, to take the good and evil 
* Aut haec cum illis sunt habenda, aut illa cum cumhls mittenda sunt. Com. Est iniqua in omni re accusanda praetermisses boni●… malorum enumeratie. Cicero.  one among another. Now as there are many courses of life, one more excellent than another, and every man is at liberty among many to choose which he doth most affect; so may any people also make choice of what form of government they please: neither is the right to be measured by the excellency of this or that form (for divers men have divers judgements hereof) but by their 
* At the same time the City Augusta petitioned Charles the Emperor, that the Decrees of their Senate might not be of force without the consent of the Masters of the Curiae; when Norimberga desired the plain contrary thing.  will. And indeed there may arise many causes, why the people may abdicate from themselves the whole right of commanding, and give it to another, viz. because being brought into danger of their life, they can find no other way to preserve themselves; or because being oppressed with want, they can have no sustenance or●… other terms. For if the Campanians 〈◊〉 old, being subdued by necessity, subjected themselves 
* 〈◊〉 Falisei apud Liv. l. 5. Samuites, l. 8. Ste Epida●… à Coreyr●… deserti Corini●…is se ●…runt, ut protegerentur. Thucyd. l. 〈◊〉. Popusum Campanum, urbem que Capuae, agrns, delu●… a Deû●…, divina 〈◊〉 aque omnia, in vestram P. C. dutonem dedtmas.  to the Roman people in this form: The people of Campania, and the City Capua, our Lands, the Temples of our Gods, all divine and humane things, we yield up into your hand, O ye Con'cript Fathers: and fund●… people when they desired to subj a themselves to the dominion of the Romans 
* Et Venetorum. Bembus lib. 6  were not accepted, as 〈◊〉 saith: what hinders, but that a people after the same manner may yield up 〈◊〉 self into the hand of one propotent and over-mighty man 
* Apud Virgilium legimus, Nec cumse sub leges pacis intqua Tradiderit regno. ? Moreover, it 〈◊〉 happen, that some Father of a Family, possessing a large estate of Lands may please to receive no inhabitant 〈◊〉 to his possession, but upon such condtion: or, that some Master having 〈◊〉 great number of servants may manu●… and set them at liberty, on conditio●… that they be subject to his Government and pay him tribute. Which cases 〈◊〉 not without their examples. Tacit●… concerning the servants of the Germans, saith, Every one is Master of his own house and estate: The Lord impi●…seth and requireth of them (as his farmers) a rent of Corn, or Cattle, or clothes; and the servant so far is sub●…ect. Add, that as Aristotle hath said, some 〈◊〉 are by nature servants, i. e. fit for servitude; so also some Nations are of this disposition, that they know better how to be ruled, than how to rule: Which the Cappadocians seem to have thought of themselves, who preferred the life under 
Strabo. 12. Justin. 38.  a King before the Liberty offered them by the Romans, and affirmed, they could not live without a King. So Philostratus, 
Lib. 6.  in the life of Apollonius, saith, It is a folly to bestow Liberty upon the Thracians, Mysians, Geteses, which they would not gladly accept. And moreover, some might be moved by the examples of those Nations, which for many ages lived happily enough under a Government plainly regal 
* Sen. de benef. l. 2. c. 20. de Bruto locutus: Mthi, cum vir magnu●… fuerit in aliis, in bac re videtur vehementer 〈◊〉, nec ex institutione Stoica segestsse: qui aut Regis nomen extemuit, cum optimus civitatis status sub Rege iusto sit; aut ibi speravit libertatem futuram, ubi tam magnum praemium erat & imperandi & serviendi; aut exillimavit civitatem in priorem sormam posse revocari, amissis priflinis moribus; futur amque ibi aequalitatem civilis juris, & staturas suo loco leges, ubi vide at tot millia hominum pugnantia, non an servirent, sed utri. Vide & Bizarrum hist, Genuensi. l. 14. p. 329. . The Cities 
† Sic multos ex liberis Graeciae Civitatibus in Salamma Cypri, quod Evagorae regnum erat, venisle narrat Isoc ates.  under Eumenes, saith Livy, would not have changed their fortune with any free City whatsoever. L. 42. Sometimes also the State of the 
* Or, Commonwealth.  City is such, that it cannot be safe, unless under the free Empire of 
† Dion apud Philostrat. 5. 11. Met●… ne Romani longis dominatibus edomiti nullam jam ferre passint mutationem.  One: which conceit many prudent men had of the Roman, as the case stood in the time of Caesar Augustus. For these causes therefore, and the like, it may not only possibly, but doth usually come to pass, that men subject themselves to the Empire and power of another: which also Cicero notes in the second of his offices.   

XLIII. The same further proved.  
FUrther yet, by a just War (as we have said afore) as private dominion may be acquired, so also civil dominion, or the right of reigning without dependence. Neither do I speak this only in behalf of the Empire of One, where that is received, I would not be so mistaken: but the same Arguments are of force for conserving the Empire of many, where many nobles or states have this same right of supreme power, and govern the City, the Plebeians being excluded. What, that no Commonwealth hath ever been found so popular, wherein some, such as are very poor or foreigners, and also Women and Youth are not kept from public Counsels? Besides, some 
† Sie Samii ●…lta in continents oppida tenuere, ut S●…abo docet lib. 14. Sex oppida Halicarnasso attributa per Alexandrum magnum, memoral Plinius Histor. nat. l. 5. c. 29. Idem lib. 33. cap. 4 Lindum insula●… ait esse Rhodiorum. Tantundem de Caun●… habes, lib. 35. Testatur idem Cicero Epist. ad 〈◊〉. Rhodiis iisdem, quod Romanos contra Antiochum juvissent, complures urbes dono datu●… ait Eutropius lib. 3. nempe Carum & Lycio●…um, quae rursus eis ablatae à senatu. Utrumque est in exceptu Polybii.  States have other people under them, not less subject, than if they did obey Kings. Whence that question, Is the Collatine people in their own power? and the Campanians, when they had yielded up themselves to the Romans, are said to be under the power of others. Many are the examples to this purpose; and they are all of no value, if we once grant this, that the right of ruling is always subject to the judgement and will of them who are ruled. But on the contrary, it is evident both by sacred and profane history, that there are Kings 
Deut. 17. 14. 1 Sam. 8. 4. 1 Sam 9 16. 10. 1. 15. 1. 2 Sam. 5. 2. 1 Reg. 4. 1. Ps. 144. 2. Luke 22. 25.  that are not inferior to the people, though taken all together. If thou shalt say, saith God speaking to the people of Israel, I will set a King over me: and to Samuel, Show unto them the right of the King that shall reign over them. Hence is a King called, the Anointed over the people, over the inheritance of the Lord, over Israel: Solomon King over all Israel. So David giveth thanks to God, for subduing his people under him. The Kings of the Nations, saith Christ, bear rule over them. And that of Horace 
* Regum timendorum in proprios greges; Reges in ipsos imperium est Jovis.  is well known:  
Commands of Kings their subjects move:  
And Kings are subject unto Jove.  
Seneca thus describes the three forms 
Ep st. 14. Interdum populus est quem timere debeamus; interdum, si ea civitatis disciplina est, ut plurima per senatum tran●…gantur, grati●…si in ea timentur viri; interdum singuli quibus potestas populi & in populum data est.  of Government: Sometimes the people are they whom we ought to fear; sometimes, if the Discipline of the Commonwealth be so, that most things be transacted by the Senate, the gracious men therein are feared; sometimes single persons to whom the power of the people and over the people is given. Such are they who, as Plutarch saith, have a command not only according to the Laws, but over the Laws also; and, in Herodotus, Otanes thus describes a single Empire: to do what one pleaseth, so as not to be accountable to any other; 
3. Pol. 14.  and Dio Prusaeensis defines a Kingdom; to have command without control. Pausanias 
* Messenicis.  opposes a kingdom to such a power as must give account to a superior. Aristotle saith, there are some Kings with such a right, as else where the Nation itself hath over itself, and that which is its own. So, after that the Roman Princes began to take upon them 
Institut. de jure not. sect. sed & quod.  an Authority truly regal, the people is said to have conferred upon them all their Authority and power, and that over themselves, as Theophilus interprets. Hence is that saying of M. Antonius the Philosopher: None but God alone can be 
Xiph. vita M. Ant. l. 4.  judge of the Prince. Dion. of such a Prince: He is free, having power over himself and the Laws, that he may 
Lib. 53.  do what him pleaseth, and what likes him not, leave undone. Such a kingdom was of old that of the Inachidae a●… Argos 
* In Argiva Trag. Supplicibus, sic ●…opregen. regen 〈◊〉 〈◊〉 〈◊〉 Aes●…hylum: Tu res populi, tuque 〈◊〉 tota es, Non judictu subditus 〈◊〉, Regni 〈◊〉 sultus ut ara, Vnoque regent cuncta arbitrio. ; far different from the Athenian Commonwealth, where Theseus 
† Rex ipse Theseus apud Euripid. , as Plutarch tells us, acted only the part of a General, and Guardian of the Laws, in other respects not superior 
* Thesei filius Demophon apud eund. Nec enim potestas barbarum in morem mihi, Sed justa refera obsequia, dum juste impero.  to the rest. Wherefore, King's subject to the people are but improperly called Kings: as after Lycurgus, and more, after the Ephori were established, the Kings of the Lacedæmonians are said 
† Polyb. l. 4. Plut. in Cleom. Cornel. Nep. Verba ipsius aut quisquis is est qui vitas illustres scripsit, in Agesilao: Vt duos haberent Reges nomine magis quam imperio. Alibi: Lacedaemoniorum autem Agesilaus nomine non potestate suit Rex, sicut caeteri Spartani.  to have been Kings in name and title, not really and indeed. Which example was also followed by other States in Greece. Pausanias' Corinth. The Argives in love of equality and liberty have 
— Haec juris sui Parere domino civitas uni negat: Rex ipse populus annuas mandat vices Honoris huic illive.—  long since very much abated the regal power, so that they have left the Sons of Cisus, and his posterity, nothing beside the name of a Kingdom. Such Kingdoms Aristotle saith, do not make any proper kind of Government, because they only are a part in an Optimacy or Populacy. Moreover, in Nations that are not perpetually subject unto Kings, we see examples as it were of a Kingdom temporary 
* Livius Salinator in censura omnes tribus except â unâ ararias fecit, ac sic ostendit jus sibi esse in populum ●…neur. , which is not subject to the people. Such was the power of the Amymones among the Cnidians, and of the Dictator's among the Romans in the first times, when there was no appeal 〈◊〉 the people: whence the Dictator's Edict, as Livy saith, was observed as 〈◊〉 Oracle, and there was no help but 〈◊〉 their care of obeying it: and the force of the regal power, was besieged with the Dictatorship, as Cicero speaketh.   

XLIV. Arguments to the contrary answered.  
THe Arguments brought on the contrary part are not hard to be solved. For first, that they affirm the Constituent to be superior to the Constitutel is true only in that constitution whose effect perpetually depends on the will of the Constituent; and not in that which at first proceeds from the will, but afterward hath the effect of necessity: even as a woman makes to herself a husband by consent, whom she must of necessity obey for ever. Valentinian the Emperor, to the Soldiers who had made him so, when they asked somewhat of him which he thought unreasonable, gave this answer 
* Sozom. hist. Eccl. lib. 16. Verba ejus sic refert Theodoretus l. 4. c. 5 Vestrum sun, milites, cum Imperator nullus esset, mihi tradere Imperii hujus hab●…nas, eas ex quo adeptus sum; de catero non vestrum sed meum dispi●… quid reip. expediat. : To elect me to rule over you, was in your power, O my Soldiers, but since you have elected me, the thing you ask is at my pleasure, not yours. You as subjects ought to obey, I must consider what is fit to be done. Besides, the Assumption is not true, that all Kings are constituted by the people: which may be sufficiently understood by the examples of a Father of a family admitting Tenants on condition of obedience, and of Nations overcome in War, which above are mentioned. Another Argument they draw out of that sentence of Philosophers; All Government is for the benefit of them that are governed, not of them that do govern: Whence they think it follows from the Nobility of the end, that the Governed are superior to the Governor. But, neither is that universally true, The good of the governed is the end of all Government: for some Governments are by themselves for the Ruler's sake, as that of a Master: for the servants profit is there extrinsical and adventitious; even as the Physicians F●…e pertains nothing to the Medicine itself. Other Governments there are for mutual benefit, as the Husband's. So, certain Empires may have for their end the utility of the Kings; namely, such as are gotten by conquest, and are not therefore to be called Tyrannical, seeing Tyranny, as the word is now taken, includes injustice. Some also may respect as well his utility that rules, as his that is ruled; i. e. when an impotent people set over themselves a potent King 〈◊〉 their defence. Yet do I not deny, that in many Empires is properly respected the profit of the subjects; and true it is, which Cicero after Herodotus, Herodotus after Hesiod hath delivered, That Kings were constituted to the end justice may be had. And yet, it doth not follow thence, what they infer, that the people are superior to the King; for tutelage also was found out for the Pupils good, yet is tuition a right and power over the Pupil. Nor is the objection of any moment, if 〈◊〉 say, the Tutor may be put out of his charge upon maladministration of the Pupils estate, and therefore the same must take place upon the King: for this holds in the Tutor, who hath a Superior; but in Empires, because a progress in infinitum is not granted, we must by all means make a stop in some person or persons, whose faults, because they have no Superior Judge, God himself 
Jer. 25. 12.  testifies that he takes into his peculiar cognizance. And he either doth justice upon them, if he judgeth it to be needful, or else forbeareth them for a punishment or trial of the people. Excellently saith Tacitus: As drought 
Tacitus: Quemodo sterilitatem aut nimios imbres, & caetera naturae mala, ita luxum vel avaritiam dominantium tolerate. Vitia erunt donec homines; sed neque haec continua, & 〈◊〉 Interventu pensantur.  or excessive rain and other evils of naeture, so bear ye patiently the luxury or avarice of Rulers. Vice's will continue as long as there are men: but, neither are they continual, and they are recompensed by the intermixture of better things. And it was a good saying of M. Aurelius: Magistrates judge of private persons, Princes of Magistrates, God of Princes 
* Xiphilin: Desummo principatu Deus solus potest judicare. Vitigis rex apud Cassiodorum Causa regiae potestatis supernis est applicanda judiciis, quandoquidem illa è coe●…o petita est, & soli coelo debet innocentiam. A pud eundent Cassiodorum rex: Alteri subdi non possumus, quia judices non habemus. . Notable is the place in Gregorius Turonensis, where that Bishop thus addresses himself to the King of France: O King, if any one of us go beyond the bounds of justice, he may be corrected by you: but if you exceed, Who shall chastise you? For we speak unto you, and you hear us, if you will; but if you will not, who shall condemn you, but He who hath pronounced Himself to be JUSTICE? Among the doctrines of the Essens, 
† Lib 5.  Porphyry remembers this: That Empire falleth not to any man without God's 
* Homerus: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ab Jove summus honos. D●…odorus Sic. l. r. de Aegyptiis. Existimant enim non sine divina quadam providentia pervemsse Reges ad summam de omnibus potestatem. Augustin. l. 5 de Cl. D. Qui Vespasiana vel patri vel silio, suavissimis Impp. ipse & Domitiano crude●…ssimo; & ne per singulos ire necesse sit, qui Constantino, ipse Apostatae Juliano: nempe, majestatem dedit, quod 〈◊〉. Vit ●…is apud Cassiodorum: Omnis provectus, maxim Regius, ad divinitatis ●…nera reserendus est. Titi Imperatoris erat dictum, Potestates fato dari.  especial care, Irenaeus very well: By whose appointment men are born, by his appointment also Kings are constituted, fit for the people, who in those times are gogoverned by them. There is the same sense in the Constitutions which are called Clement's: Thou shalt fear the 
〈◊〉. b. 7. c. 17.  King, knowing that he is chosen by the Lord. Nor doth it overthrow these things which we have said, that we read the people punished sometimes for 
2 Sam. 24. 17.  the sins of their Kings: for this can not so to pass, because the people dd not punish nor restrain the King, but because they did, at least tacitly, consent to his faults. Nevertheless it is certain too, without that, God might use his supreme dominion, which he hath over the life and death of every one, for to punish the King; whose punishment indeed it is, to be deprived of his Subjects.   

XLV. Of mutual Subjection.  
OThers there are, who feign un●… themselves a certain mutual subjection, so that the whole people ought to obey the King governing well; and the King governing ill, aught to be subject to the people. These men, if they did say, Things manifestly unjust are not to be done at the King's command, would speak a truth, which is acknowledged among all honest men: but this includes no coaction, or right to command the King. And, had it been the purpose of any people to divide the power with the King (of which we shall say somewhat hereafter) such bounds surely aught to have been assigned to either power, which might easily be distinguished by the difference of places, persons, or affairs. But, the goodness or illness of act, especially in civil matters which oft have an obscure disceptation, are not fit to distinguish parts. Whence very great confusion cannot but follow, whilst under pretence of a good or evil act, on the one side the King, on the other side the people draw unto themselves, according to their right of power, the cognizance of the same matter. Such a perturbation of things, so far as I can remember, never any people was so fantastic as to introduce.   

XLVI. Cautions for the understanding of the true Opinion. The first.  
FAlse opinions being removed, it remains that we set down some cautions, that may open a way to make a right judgement, to whom the right of supreme power in every Nation belongs. Our first caution is, that we be not deceived with the ambiguous sound of a name, or the show of external things. For example, although among the Latins principality and Kingdom are wont to be opposed, as when Caesar saith, the Father of Vercingetorix held the principality of Gallia, but was slain for affecting the Kingdom; and when Pisi in Tacitus calls Germanicus the Son of a Prince of Romans, not of a King of Parthians; and when Suetonius saith Caligula wanted but a little of turning the principality into a Kingdom; and when Maroboduus is said by Velleius to have embraced in his mind, not a principality consisting in the will of those that obey, but a regal power: Nevertheless, we see these names are often times confounded; for, both the Lacedaemonian Leaders of Hercules posterity, after they were subject to the Ephori, were yet styled Kings, as we have said afore; and the ancient Germans had Kings, which, as Tacitus speaketh, were Sovereign by the authority of persuading, 
Lib. 1.  not by the power of commanding. 
Lib. 15. Cap. 7.  And Livy saith of King Evander, that he ruled by authority rather than command: and Aristotle and Polybius call Suffetes King of the Carthaginians, and Diodorus too, as also Hanno 
Lib. 13.  is called King of the Carthaginians by Solinus. And of Scepsis in Troas 
Sic qui vitam scripsit Annibalis: Vt enim Rome consuls, sic Carthagine quotannis annui bini Reges creabantur. To these improperly styled Kings may be added the Sons of Kings, to whom that royal name was given by their Fathers, retaining the power in themselves. Such was that Darius, whom his Father Artaxerxes caused to be judged and put to death. Plutarch. Artax.  Strabo relates, when having joined to them the Milesians into one Commonwealth, they began to use a popular Government, the posterity of the old Kings retained the royal name & somewhat of the honour. On the contrary, the Roman Emperors, after that openly and without any dissimulation they held a most free regality, yet were styled Princes. Moreover, Princes in some free Cities have the Ensigns and marks of royal Majesty given unto them. Now, the Assembly of the States 
* Pralati, nyoceres, missisque potentibus urbes, ut Guntherus loquitur. , that is, of them that represent the people distributed into classes, in some places indeed serve only to this purpose, that they may be a greater Council of the King, whereby the complaints of the people, which are oft concealed in the Privy Council, may come unto the King's ear: in other places have a right to call in question the actions of the Prince, and also to prescribe Laws, whereby the Prince himself is bound. Many there are, who think, the difference of the highest Empire, or of that less than the highest, is to be taken from the conveyance of Empire by way of election or succession. Empires devolved this way, they affirm to be highest, not those that come the other way. But it is most certain, this is not universally true; for succession is not the title of Empire, which gives it form, but a continuation of what was before The right begun from the election 〈◊〉 the Family is continued by succession wherefore, succession carries down 〈◊〉 so much, as the first election did confe●… Among the Lacedæmonians, the Kingdom passed to the Heirs, even after 〈◊〉 Ephori were ordained. And of such Kingdom, that is, a principality, 〈◊〉 Aristotle 
* Pol. 3. 14. : some of them go by rige●… of blood, some by election: and in the Heroical times most Kingdoms in Greece were such, as besides him, Thucydid●… 
* Lib. 〈◊〉 Notatum id & Dionys. Halicarnass. l. 2. & 5.  notes. On the contrary, the Roma●… Empire, even after all the power boti●… of Senate and people was taken awa●… was bestowed by election.   

XLVII. The second Caution.  
LEt this be the second caution. 〈◊〉 one thing to inquire of the thing, ●…nother 
Vide cui vacat Car. Molinaeum ad consuesud. Pa●…s. Tit. 1. sect. 2. gl. 4. num. 16.  of the manner of holding it: which is appliable not only to corporal things but incorporal also. For, as a Field is a thing possessed, so is a passage, an act, a way. But these things some hold by a full right of propriety, others by a righ●… usufructuary, other by a temporary right; So the Roman Dictator, by a temporary 
* You have an example of an Emperor made for a time, in Gregoras, lib. 4. initio.  right, had the Highest power: and some Kings, both the first that are elected, and they that succeed them in a lawful order, by an usufructuary right; but some Kings by a full right of propriety, as they that by a just War have gotten their Empire, or into whose power some people, to avoid a greater evil, have so given up themselves, that they excepted nothing. Neither do I assent to them, who say the Dictator had not the highest power, because it was not perpetual; for the nature of moral things is known by the operations: wherefore such faculties as have the same effects are to be called by the same name. Now, the Dictator, within his time, exerciseth all acts by the same right 
* So that the people, when they would save Fab. Rutilian, made Petition to the Dictator. , as a King of the best right; nor can his act be rendered void by any other. As for duration, that changeth not the nature of the thing: though if the question be of dignity, which is wont to be styled Majesty, this is greater, no doubt, in him to whom perpetual right is given, than to whom temporary right; because the manner of the Tenure is of moment in respect of dignity. And I would have the same understood of these, that before Kings come to age, or whilst they are hindered by loss of reason or their liberty, are appointed Curators of the Kingdom, so, that they be not subject to the people, nor, their power revocable before the appointed time. Another judgement is to be made concerning those that have received a right revocable at any time, that is, a precarious right, such as of old was the Kingdom of the Vandals in Africa, and of the 
Procopius. Vandal. 1. Aimol. 2. 20. & 4. 35.  Goths in Spain 
* Moris' an●…iqui vestigium in B●…hetriis, vide Marianam l. 16. , when the people deposed them, as oft as they were displeased 
† ●…oc de Herulis etiam prodidit Procepius Gol. 2. de Longobardis Paulus Warnasredi l. 4. & 6. de Burgundis Ammianus lib. 28. de Moldavis Laonicus Chalco●…las, de rege Agalis apud Af●…os Joannes Leo lib. 7. de Norwagis at Guil. Neubrigensis regem ibi factum quisquis regem occidisset. 〈◊〉 Q●…adis & Jazygibus similia habes in excerptis Dionis. ; for every act of such Kings may be rendered void by these that have given them a power revocably; and therefore, here is not the same effect, nor the same right, as in other cases.   

XLVIII. That some highest Empires are holden fully, i. e. alienably.  
THat which I have said, that some Empires are in full right of propriety, i. e. in the patrimony of the Ruler, is opposed by some learned men with this Argument, That freemen are 〈◊〉 
Hotem. cont. ill. qu. 1.  in commerce. But, as power is either Lordly, or Regal; so also Liberty is either personal, or civil; and again, either of single persons, or of all together: for the Stoics too did say, there is a certain servitude consisting in 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dog. Laert. 1 Sam. 22. 28. 2 Sam. 10. 2. 1 Reg 9 22.  subjection; and in the holy Scriptures the King's subjects are called his servants. As therefore personal liberty excludes Mastership, so civil liberty opposes regality, and any other dition properly so called. So Livy opposeth them, saying, The people of Rome are not in a kingdom, 
Lib. 45.  but in liberty: and elsewhere he distinguisheth the people enjoying liberty 
* Thucydides: Pars Thracum libera. Seneca pater suasoria. Non eadem modo in libera civitate dicendam esse sentenciam, quo apud Reges. Josephus antiq. hist. l. 13. ad Reges p●…losque liberos. Cicero Epist. 15. 4. Populorum liberorum, regumque saciorum auxilia. Plinius l. 6. c. 20. de Indis: Jam hi montium qui perpetuo tractu Oceani oram tenent, liberi & regum expertes.  from those that lived under Kings. Cicero 
† Lib. 3. de legib. Annal. 1. Lib. 12.  said, Either the Kings should not have been expelled, or liberty should have been given to the people really, and not in words. After these Tacitus, The City of Rome from the beginning was under Kings: L. Brutus brought in Liberty and the Consulship. Strabo saith of Amisus, it was sometime free, sometime under Kings. And frequently in the Roman 
* De bello & de judiciis recuperatoris.  Laws, foreiners are divided into Kings and free State:. Here then the question is not concerning the liberty of single men, but of a people. And further, as for private, so for this public subjection some are said to be, not of their own right, not of their own power 
† Hinc illa: Quae urbes, qui agri, qui homines Aetolorum juris aliquondo fuerunt. Et, Estne pop. Collatinus in sua potestate? Liv. lib. 38. & lib. 5. . Yet properly, when a people is alienated, the men themselves are not alienated but the perpetual right of governing them, as they are a people. So, when the freed servant of a Patron is assigned to one of his children, it is not the alienation of a freeman, but he transcribes and makes away the right he had over another man. Nor is that more firm, which they say, If a King hath gotten any people by War, whereas he subdued them not without the blood and sweat of his subjects, they are rather to be taken for the acquest of the Subjects than of the King. For haply, the King maintained his Army out of his own private 
* M. Antoni nus ad be lum Marcomonnicum cum 〈◊〉 ario exhausto indicere populo nihil vellet, facto in foro Trajani sectione, distraxit vasa aurea, pocu●… Chrystallina & murrina, uxori●… & suam sericam & auream vestem, multa ornamenta gemmarum.  substance, or out of the profits of that Patrimony 
† Ideo Ferdinandus Grana tensts Regni partem alteram, ut stante matrimonio ex Castellae proventibus quaesitam, sibi vindicavit. Docet Moriana lib. 28. Hist. Hispan.  which follows his principality; for suppose a King hath but the usufruit of that very Patrimony, as also of the right of governing the people which hath elected him, yet are those fruits his own. (As it is declared in the 
† L. in fidei ●…missaria sect. plane. D. ad S. C. Trebell●…anum.  civil Law, that the fruits of an inheritance, which is commanded to be restored, are not restored; because they arise not from the inheritance, but from the Thing.) Wherefore it may come to pass, that a King may have command over some people by a proper right 
* Balduino concessere. qui cum ipso in orientem belli causa venerant, ut urbium, provinciarum, vectigalium, rerum bello captarum dimidium ipsi cederet. , so that he may also alienate them. Strabo 
† Lib. 8.  saith, the Island Cythera lying over against Taenarus was by his own private right pertaining to Eurycles Prince of the Lacedæmonians. So, King Solomon gave to Hirom 
* Ita enim eum Graece vocat Philo Biblius qui Sanchuniatonis historiam vertit. 1 Reg. 12. , King of the Phoenicians, twenty Cities; not of the Cities of the Hebrews: for Cabul (which name is attributed to those Cities) is seated without the Hebrew bounds, Jos. 19 27. but of those Cities, which the conquered Nations, enemies 
1 Reg. 9 6. ibid. 12.  of the Hebrews, had retained till that 
1 Paralip. 8. 14.  day; and which partly the King of Egypt, Salomon's Father-in-Law, had overcome, and given as a dowry to him, partly Solomon himself had taken in; for that they were not inhabited by the Israelites, at that time, is proved by this argument, because after Hirom restored them, then at last Solomon carried thither Colonies of the Hebrews. So Hercules 
* Idem Hercules Dryopes, qui juxta Paruassum habitabant, à se victos donavit Apollini. 〈◊〉 vius ad 4. Ae●…eid. Herculem adversus Lapithas belli socium sibi sumsit Doriensium Rex, parte Regni in mercedem societatis data. Cychreus Salaminis Rex prole carens regnum testamento reliquit Teucro. Peleus' ab Eurylione Phthiae Rege tertiam Regni partem accepit in doten●…; quae hobet Apollodorus. Apud Livium est libro 1. Proca Numitori regnum legate.  is read to have given to Tyndareus the Empire of Sparta taken in War, upon 
Diod. l. 4.  these terms, that if Hercules should leave any children, it should be returned to them. Amphipolis was given as a dowry to Acamas the Son of Theseus; And in Homer Agamemnon promiseth to give Achilles' seven Cities. King Anaxagoras freely bestowed two parts of his Kingdom upon Melampus 
* Lanassa nubens Pyrrho Epirolarum Regi in dotem ei attulit Corcyram urbem ab Agathocle patre suo bello captam. Plutarch Pyrrho. . 
† Lib. 5.  Justin saith of Darius, He gave by Testament the Kingdom to Artaxerxes, to Cyrus' certain Cities, whereof he was Governor. So the successors of Alexander are to be thought, every one for his part, to have succeeded into that full right and propriety of ruling over the Nations, which were subject to the 
* Ammianus de Perside, non exacte tamen ad histo●…iae fidem: Ex testamento nationem omnem in successoris unius jura translatam libro. 22.  Persians, or else themselves to have acquired that power by the right of Victory. Wherefore it is no marvel if they assumed to themselves a right of alienation. So when King 
† Vale●…us Maximus: 〈◊〉 testam●…nti aequitate grat●… Asiam pop. Romano legavit. Florus de ea re: Addita igitur haereditate provinciam pop. Romanus, non quidem bello nec armis, sed quod est aequius, testamenti jure 〈◊〉. Flor. l. 2. Epit. Liv. 58.  Attalus the Son of Eumenes had by his testament made the people of Rome heir of his Goods, the people of Rome under the name of Goods comprehended his Kingdom too. And after when Nicomedes King of Bythinia dying had made the Roman people Heir, the Kingdom was reduced into the form of a 
* Cic. secundum in Rullum: Haereditatem crevimus, regnum Bithyniae. Cic. de lege Agraria: Qui ignorat Regnum Aegypti testamento Regis Alexandrini, populi Romani esse factum? Ex Josepho discimus Herodem, Augusto si concedente ut Regnum cui è liberis vellet relingueret, testamentum aliqu ties mutasse. Antiq. hist. l. 15. & 16. Alfonsus Arragonius Neapoleos Regnum, ut armes partum, Ferdinando noto suo reliquit. In eodem Regno urbes quasdam Ferdinandus legavit nepoti. Mariana lib. 30.  Province.   

XLIX. Some highest Empires are not holden fully.  
BUt in Kingdoms which are conferred by the will of the people, I grant 
* Imperium non deb. re relinqui ut agros & servas dicit Vopiscus Tacito. Salvianus: Non ●…terat populos quos regebat per testamentum egenis tradere.  it is not to be presumed that it was the will of the people, that an alienation of his Empire should be permitted to the King. Wherefore, what Crantzius notes in Unguinus as a new thing, that he had bequeathed Norway by his testament, we have no reason to disapprove, if he respecteth the manners of the Germans, among whom Kingdoms were not held with so full a right. For, whereas Charles the Great and Lewis the pious and others after them even among the Vandals and Hungarians have disposed of Kingdoms in their testaments, that had rather the virtue of a commendation 
† Vide Capitalum 〈◊〉 conventus ad Ca●…siacum sub Carolo Calvo. Huc refer testamentum Pelagii quo Hilpaniam reliquit Alfanso & Osmifindae, & de Dania quaedam apud Saxonem. Neque mirum igitur, quaedam testamenta improbante populo fuisse irrita, ut Alfonsi Arrag●…i. Vide Marianam lib. 10. Et Alphonsi Legionensis, cum 〈◊〉 filias filio prae●…lisset. Idem Ma●…. l. 12.  among the people, than the force of a true alienation. And of Charles, Ado specifies the same, that he desired his testament should be confirmed by the chiefest of France. Whereunto that is like which we read in Livy, that Philip King of Macedonia, when he had a mind to keep Perscus' from the Kingdom, and in his place to advance Antigonus, his Brother's Son, visite●… the Cities of Macedonia to commen●… 
† Vide rem similem apud Cassiodorum Lib. 8. Epist. 8. & seq. Ita pacta successionis mutuae inter Sanctium & Jacobum Arr. gonenses à proceribus firmata. Mariana lib. 12. & Henrici Navarrae Regis qua Joannem instituit haeredem. Id. l. 13. & Isabellae Reginae Castellae. Id. lib. 28.  Antigonus to the Princes. Nor is 〈◊〉 material, that the forementioned Lew●… is read to have rendered the City Rome to Pope Paschal, seeing the Franks migh●… rightly render to the people of Rome that power over the City, which they had received from the same people: 〈◊〉 which people he did sustain as it We●… the person, who was Prince of the first order.   

L. A further manifestation of the second caution.  
THe truth of our foresaid note, about distinguishing the height of power from the fullness of having it, will appear in this, that as many highest Empires are not, so many not highest are held fully. Whence it is that 
* Vide de Vrgetii principatu Marianam lib. 12. c. 16.  Marquessates and Earldoms are wont to be sold and disposed of by will more easily than Kingdoms. Moreover the same distinction shows itself in the Protectorship 
† Vide cothmannum Tomo 1. Cons. 41. num. 2. , whilst a King, either by nonage or by disease, is unable to manage his own power. For, in Kingdoms that are not Patrimonial, the Protectorship belongs to them, to whom the Public Law, or in defect thereof the consent of the people 
* Vide Marian. in Alphonso 5. Legionis R●…ge. At testamentum Regis Joannis de tutela & administratione Regni à proceribus improbatum. Mar. lib. 18.  doth commend it: in Patrimonial Kingdoms, to them who are chosen by the Father 
† Ptolomaeus Rex Aegypto Tutorem filio suo reliquit populum Romaenum. Val.  or by the next of Kin. So we see in the Kingdom of the Epirots, which arose from the people's consent, Aribas a Pupil-King had Tutors publicly appointed him: and so had the posthume Son of Alexander the Great by the Macedonian Peers. But in the lesser Asia, gotten by War, King Eumenes appointed his Brother to be Tutor to his Son Attalus. So Hiero the Father reigning in Sicily ordained by his testament whom he pleased to be Tutors to his Son Hierom. Now, whether a 
Max. l. 6. c. 6. 1.  King be withal, in his private right, a Lord of Land, as the King of Egypt 
Justin. l. 13. Justin. l. 67. Plutarch. de am. frat. Lib. 2. Lib. 15.  was after the time of Joseph, and the Indian Kings which Diodorus and Strabo speak of; or be not, this is extrinsical to his Empire, and perteins not to the nature of it: wherefore, it neither maketh another kind of Empire, nor another manner of holding the same Empire.   

LI. A third Observation.  
LEt this be observed in the third place, An Empire ceaseth not to be supreme, although he that is to rule promise certain things 
* Trasanus caput suum, dex●… suam, st scienter setellisset, Deorum irae consecrabat. Plin. Paneg. Adrianus Imp. jaravit nunquam se senatorem nist ex senatus sententia 〈◊〉. Anasta fiu, Imp. juravit servaturum se decreta Chalsedonensis Concilii. Meminere Zonaras, Cedrenus, alii. Seriores Imperatores Graeci Ecclesiae jurabunt. Vide eun. dem Zonaram Michaele Raugabe & alibi. Vide & in Gotthis Regibus exemplum apud Cassiodorum. 10, 16, 17.  to the subjects or to God, even su●… things as pertain to the way of ruling. Nor do I now speak of keeping the natural and divine Law, add also that of Nations, unto which all Kings are bound, though they promised nothing; but of certain rules, to which without a promise they were not bound. The truth of what I say appears by silimitude of a Father of a Family: who, 〈◊〉 he hath promised his Family to do somewhat which belongs unto their Government, shall not thereby cease to have, so far as may be in a Family supreme right therein. Nor is the Husband deprived of marital power, because of some promise to the Wise. I confess, by this means the Empire is in some sort straightened, whether the obligation lie upon the exercise of the act only, or also directly upon the faculty itself. In the first way, the act done against promise will be unjust: because, as we show elsewhere, a true promise gives hima right, to whom 'tis made: and in the other way, it will be null by want of faculty. Nor yet doth it thence follow, that he that makes the promise hath any superior: for, in this case, the act is rendered null, not by superior force but in Law. Amongst the Persians, the King was Supreme and absolute 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plutarch. ; adored as the Image of God: and as Justin 
† Lib, 10.  saith, he was not changed but by death. A King was he that to the Peers of Persia spoke thus: I 
Val. Max. lib. 9 c. 5.  have called you together, that I might not seem to use only my own Counsel: but remember it is your duty rather to obey than persuade. Yet he took an oath at his entrance, as Xenophon and Diodorus Siculus have noted, and it was not lawful for him 
* Dan. 6. 8, 12. 15.  to change certain Laws made after a particular form. The same is related of the Ethiopian Kings by 
Plutarch. in Themistocle. Diodurtis Siculus lib. 17. & multo post tempore Procopius Persici belli lib. 1. Vbi insignis ad banc rem historia exstat. Tamen idem de Lethe castello legem à Rege mutatam refert, sed non probat.  
† Lib. 3. Lib. 1.  Diodorus Siculus. And by his relation the Egyptian Kings, who (no doubt) as well as other Kings of the East had Supreme power, were bound to the observation of many things: but, if they had done the contrary, could not be accused living; dead, their memory was accused 
* Leges tyrannorum corpora insepulta extra fines projici jubent. Applanut Civilium tertio. Andronidus Imp. Patrem suum Michaelem, quod fidem Latinans sequi coepisset, mortuum sepultura privavit. Gregoras lib. 6. , and being condemned they wanted solemn burial: as also the bodies of the Hebrew Kings 
† Vide Josephum de Joramis duobus, altero Hierosolymorum, 〈◊〉 Isratlu Rege, lib. 8. cap. 3. & 5. Item de Joaso Hierosolymorum Rege. , who had reigned ill, were not buried in the royal Sepulchers: an excellent temperament, whereby, both the highest power was kept sacred, and yet by fear of a future judgement, Kings were kept from breaking their trust. That the Kings also of Epirus were wont to swear, they would reign according to the Laws, we learn of Plutarch 
* Plutarch: Solebant Reges in Cassarorum terra, quae Molottidos pars est, Jovi Areo sacrisisare ac juramenium praestare Epirotis. Jurabant aut●…m Reges se imperaturos sicun dum leges. Epirocae autem se imperium ejusdem conservaturos secundum easdem leges.  in the life of Pyrrhus. But suppose it be added, If the King breaks his trust, he shall be dep●…sed 
† Vide exemplum apud Crantzium lib. 9 Suedicorum. ? Yet will not the power hereby cease to be the highest, but the mann●… of holding it weakened by this condition, and the Empire will be as it were temporary. It is said of the King of Sabaeans, that he was absolute 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Agatharchides apud Photium.  and of a most free power, but that he might be stoned if he went out of his Palace 
† Quod & Artemidoro auctore Strabo annotavit. lib. 16. . In like manner, an estate of Land, that is held in trust, is an estate, as well as if it were possessed in full dominion, but it is holden for a time or at the pleasure of another. And such a Commissory Law or condition may be annexed not only in the bestowing of a Kingdom, but in other contracts; for some Leagues too with neighbours, we see, are entered with the like 
* Aut etiam ne subditi Regem pacta viol●… juvent: aut ne ei pareant. Vide Crommerum Polonicis 19 & 21. Est & exemplum apud Scasnaburgensem in rebus Henrician. 1074.  sanction.   

LII. The fourth Observation.  
FOurthly it must be noted, Although the highest power be one and undivided by itself, consisting of the parts above set down, supremacy 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  being added; Yet may it sometimes happen to be divided 
* Vide Zazium singularium responsorum lib. 2. c. 31. , either by parts, which they call potential, or by parts subjective. So when the Roman Empire was one, it often came to pass, that one Ruler had the East, another the West, or that three divided the world between them. And so it may be, that a people choosing a King may reserve some acts to themselves, and may commit others to the King with full right. Yet is not that done, as we have showed already, whensoever the King is bound up with certain promises, but then we must conceive it to be done, if either a partition be made expressly 
† Ita Probi tempore Senatus firmabat principum leges, de appellationibus cognoscebat, proconsules creabat, legatos consulibus dabat. Vide & Gail. lib. 2. observ. c. 57 num. 7. & Card. Manticam de tacitis & ambiguis conventionibus lib. 27. tit. 5. num. 4. , of which we have spoken afore; or, if a people, yet free, lay upon their future Kings a charge by way of an abiding precept; or, if a clause be added to signify that the King may be compelled or punished. For a precept is from a superior, superior at least in that particular which is given in precept: and to compel is not always the property of a superior (for also naturally every one hath a right to compel his debtor) but is repugnant to the nature of an inferior. Parity therefore at least follows from coaction, and so a division of the supremacy. Against such a State, as being double headed, many allege many incommodities: but (as we have also said above) in civil affairs there is nothing wholly without incommodities; and Right is to be measured, not by that which seems best to you or me, but by the will of him whence right ariseth. An ancient example is brought by Pla●… in his third de legibus: For when the House of Hercules had built Arg●… Messena and Lacedaemon, the King were bound to keep their Governmen●… within the bound of prescribed Laws; an●… whilst they did so, the people were obliged to leave the Kingdom to them and their posterity, and suffer none to take it from them. And to this, not only King and their own people have mutually 〈◊〉 venanted, but Kings with other Kings, 
* Exempla sunt cum plura in historia populor 〈◊〉 septentrionalium. Vide Joannem Magnum historia Suedica lib. 15. & 29. Crant●… Suedicorum 5. Pontanum Danicorum 8.  and one people with another people, and Kings with neighbourig States, and States with neighbouring Kings, have entered into Covenant, and promised aid to 〈◊〉 other respectively.   

LIII. A further explication of the last note, about division of power and mixture.  
YEt are they much deceived, who think the power of Kings divided, when they will have some of their acts not accounted firm unless they be approved by the Senate, or some such Assembly. For the acts voided for want of such approbation, must be understood to be canceled by the Kings own command, who ordained this by way of caution, lest any thing fallaciously gained from him, should pass under the notion of his true and deliberate will. King Antiochus the third sent such a 
Boer. ad c. 1. de const. in Decret. Plut. Apoph. L. unica. c. quando Imperator. Addel. 1. c. de petitionibus bonorum sublatis.  ●…escript to the Magistrates, that they ●…hould not obey him, in case he should command any thing against Law: and Constantin published the like, that Orphans and Widows be not constrained to come to the Emperor's Court for Justice, no not if the Emperor's rescript ●…e showed. Wherefore this case is like to that of testaments, which have a clause, that no later testament shall be of force: for this clause also makes it be presumed, that the later testament proceeds not from the true will of the maker. Nevertheless, as this clause, so that other by the King's express command and special signification of his later will may be annulled. Again, I do not here use the authority of Polybius neither, who refers the Roman Commonwealth to a mixed kind of Government; which, at that time, if we respect not the doings themselves but the right of doing, was merely popular. For, both the authority of the Senate, which he refers to an Optimacy, and of the Consuls, whom he will have to be like Kings, was subject to the people. The same may be said concerning other writers of the Politics, who conceive it more agreeable to their design, to behold rather the external appearance and daily administration of affairs, than to weigh the right itself of the highest power.   

LIV. True examples of the supreme power divided.  
MOre pertinent is that which Aristotle hath written: Between 〈◊〉 full Kingdom 
* Quod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocat; eadem est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Soph●… Antigene, Plutarcho 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, S●…aboni 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , and a Laconical 
† Dionysius Halicarnassensis de Laconicis regibus: Neque enim Lacedaemonii pleno jure Reges erant.  which is a mere principality, some other species are interjected. An example hereof, as I suppose, may be found in the Hebrew Kings; for, of these, that they ruled, in most things, by the highest right, I think it is impiety to doubt; for the people desired such a King as their neighbours 
* Putabat populu●… nihil esse absurdi si cum viciniregnareatur, ipsi eandem im pe●…ii so●…mam acciperent. Josephus.  had: but the Nations of the East were subject to their Kings in the most humble way 
† Aeschylus Persis de Rege Persa●…um sic loquentem facit Atossam:— 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. No'um illud Maronis:— Regem non sic Aegyptus, & ingens Lydia, nec po●…uli Parthorum aut Medus Hydaspes Observant.— Apud Livum: Sylli & Asiatici 〈◊〉 hominum servituti nata; à quo non discrepat illud Apollonii apud Philostratum: Assyri & Medi dominationem etiam adorant. Arist. 3. Polit. 14. Aesia●…ci dominatum aequo a●…imo serunt. Cicero de p●…or consularib. 〈◊〉 & Syris nationibus natis servituti. Sallust. de gentibus o●…lentis: Adeo illis ●…genita est sanctitas Regii nomi●…. Apud Tacitum Civilis Batavis ad Gallos': Hist. 4. Servirent Syria Asiaque & suet●… Oriens. Name & in Germania & in C●…llia tum Reges erant, sed ut idem Tacitus notat, precari●… 〈◊〉 regnandi, & autoritate suadendi, non jubendi potestate. . And above we have noted, that the whole Hebrew people was under the King. And Samuel describing the right of Kings, sufficiently shows that the people have no power left in themselves against the King's injuries. Which the Fathers do rightly gather from that of the Psalm: Against thee only have I sinned. Upon which place Hierom 
* Idem Hieronymus Epist. ad Rust. de paenitent●…a: Rex enim crat: alium non timebat, alium non habebat super se. : Because he was a King, and feared not another. And Ambrose: Being a King, he was in danger of no Laws, because Kings are free from such bonds; neither do any Laws bind them over to punishment, being secured by their Sovereign power 
† Paria habet ad ●…dem Psalm●…m Arnobius minor Vit'ges apud Cassiodorum: Causa Regiae potestatis supernis est applicanda judiciis, quandoquidem i'la à Coelo telita est, ita seli Coelo debet innocentiam. Idem legere est apud Isidorum Pelusiot. Epist. postre●… edita●…um. 383. : against man therefore he sinned not, to whose restraint he was not obnoxious. I see there is consent among the Hebrews, that stripes were inflicted on the King offending against those written Laws exstant about the King's office; but those stripes among them had no insamy, and they were of his own accord received by the King in token of repentance, and therefore he was not beaten by an Officer, but by one whom he was pleased to make choice of, and at his own pleasure he was eased. As to coactive punishments, the Kings were so free from them, that even the Law of excalceation, as having in it something ignominious, was not of force upon them. The Hebrew Barnachmon hath a sentence exstant amongst the sayings of the Rabbins, in the title of Judges: 
* Nulla creatura judicat Regem, sed Deus benedictus. Ex. 32. 8. Deut. 1. 17. Psal. 72. 1. 2 Chron. 19 6. 8. 1 Chron. 26. 32. 2 Chron. 19 11.  No creature judgeth the King, but the blessed God. These things being so, neverthelels I think some causes were exempted from the King's judgement, and remained in the power of the Synedry of LXX. instituted by Moses at God's command, and by perpetual succession continued to the times of Herod. Therefore, both Moses and David call Judges Gods, and judgements are called the judgements of God, and Judges are said to judge not in the place of man but of God. 〈◊〉 the matters of God are plainly distinguished from the matters of the King where, by the matters of God, the mos●… learned of the Hebrews bid us understand judgements to be exercised according 〈◊〉 Gods Law. The King of the Jews, 〈◊〉 deny not, exercised by himself certain capital judgements (in which particulae Matmonides prefers him before the King of Israel) which also is evinced by examples not a few, both in the sacred Scripture and in the writings of the Hebrews: Yet certain kinds of causes seem no●… permitted to the King's cognizance, viz. of the Tribe, of the high Priest, of the 
* Non capit Propbetam perire extra Jerusalem. Luke 13. 33. Jer. 38. 5.  Prophet. And hereof there is an argument in the history of the Prophet Jeremy, whom when the Princes required unto death, the King answered: Behold, he is in your power, for the King can do nothing against you: to wit, in this kind of matters. Yea, and the person that for any other cause was impeached before the Synedry, could not by the King be exempted from their judgement. Therefore 
Joseph. Antiqu. 14. 17.  Hircanus, when by power he could not hinder their judgement concerning Horod, eluded the same by Art. In Macedonia, they that descended from Calanus, as Calisthones in Arrian saith, bare rule over that people not by force but by Law. The Macedonians, saith Curtius, are accustomed 
Lib. 14.  to the Regal government, yet are in a greater shadow of liberty than other nations: For even the judgement of life and death was not in the King's hand. Of Capital matters, saith the same Curtius, by the 
Lib. 6.  old custom of the Macedonians, the Army did inquire, in time of Peace the Commons; the power of the Kings prevailed no further than their authority could move. There is in another place of the same Author another token of this mixture: The Macedonians decreed according to the custom 
Lib. 8.  of their nation, that the King should not hunt on foot, without the attendance of his elect Princes or courtiers. Tacitus relates of the Gothones: They are now in greater vassalage under their Kings, than other Germans: nor are they yet deprived of all liberty. For he had afore described the principality by the authority of persuading, not by the power of Commanding: and after he expresseth a full Royalty in these words: One commandeth, without all exceptions, not by a precarious right of governing. Eustathius upon the sixth of the Odysseys, where the Commonwealth of the Phaeaces is described, saith it had a mixture of Power, of the King, and of the States 
† Laonicus Cha●…cocondylas taliae ait esse regna Pannonum & Anglorum, l. 2. Arragonum, l. 5. & Navarrae eodem libro, ubi ait, nec magistratus à Rege creatos, nec praesidia imposita nisi volentibus, nec quicquam populo imperatum contra mores. Reges alios esse pleno cum jure, alios sub legibus, etiam Judaeus Levi Gersonides notavit ad 1 Sam. 8. 4. Mira quae de Taprobane scribit Plinius lib. 6. c. 22. Eligi regem à populo senecta clementiaque liberos non habentem, & si postea gignat, abdicari, ne fiat haereditarium regnum. Rectores ei à populo xxx, dari, nec nisi plurium sententia quenquam capite damnari. Sic quoque appellationem esse ad populum, lxx. judice dari. Si liberent two reum, non amplius xxx. (ita enim legi locus hic debet) iis nullam esse dignitatem, gravissimo probro. Regi cultum liberi patris, caeteris Arabum. Regem si quid delinquat m●…rte mulctari, nullo interiment, sed aversantibus cunctis & commercia etiam sermonis negantibus. Servius ad illud 4. Aen. populumque patresque. Quidam hoc loco volunt tres partes politiae comprehenlas, populi, optimatum, regiae potestatis. Cato enim ait detribus istis partibus ordinatam fuisse Carthaginem. . Something like it I observe in the times of the Roman Kings; for then all matters almost went through the Royal hand. Romulus' reigned over us, as he pleased, saith Tacitus. It is manifest, at the beginning of the City Kings had all power, saith Pomponius: yet Halicarnassensis will have something excepted by the people even at that time. But if we give more credit to the Roman Authors, in some causes there lay an appeal from the Kings to the people, as Senoc●… hath noted out of Cicero's books de 
Epist. 100  Republica, out of the Pontifical books also, and Fenestella; shortly after, Servius Tullus advanced to the Throne, not so much by right, as by the favourable breath of the people, yet more abated the regal power. For, as Tacitus speaketh, 
3. Annal.  he established Laws, which even the Kings themselves were to obey. The less cause have we to wonder at that which Livy saith, The power of the first Consuls differed from the regal in little more than that 'twas annual. Such a mixture also of a Democracy and Optimacy was at Rome in the time of the Interregnnm, and in the first times of the Consuls. For in certain affairs, and those of the greatest moment, the will of the people was a law, if the Fathers would go before them with their authority 
* Plutarch Coriolano: Populus jus non habebat aut legem condendi aut aliud quid jubendi nisi Senatus praecessisset auctoritas. Similem mixturam in Genuatium rep. suis temporibus observat Chalcocondylas l. 5. Liv. lib. 6. , and (as it were) prepare the bill; which authority afterward, the people's power increased, was only for a show, when the Fathers, as Livy and Dionysius note, began with their voices, but the Assembly did what they pleased. For all this, in after times there remained somewhat of a mixture, whilst, as the same Livy speaketh, the Government was in the hand if the Patricians, that is, of the Senate, but the Tribunes, that is, the Plebeians, had a share, to wit, a right of forbidding or interceding. And so Isocrates will have the Athenian Commonwealth, in Solon's time, to have been 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  an Optimacy mixed with a Democracy.   

LV. Whether He can have supreme power, that is comprehended in an unequal league.  
UPon these premises, let us examine some questions, which are of frequent use in the argument we have in hand. The first is, whether He may have supreme power, who is comprehended in an unequal league. By an unequal League I understand here, not that which is made between parties unequal in their forces, as the Theban City in the time of Pelopidas had a league with the King of Persians, and the Romans of old with the Massilians, and afterward with King 
Justin. l. 43. Vol. Max. l. 7. cap. 1.  Massanissa; nor that which hath a transient act, as when an enemy is received to friendship, on condition he pay the cost of the war, or perform somewhat else: but, that which in the very nature of the agreement gives a certain permanent prelation to one side; that is, when the one is bound to conserve the Empire and Majesty of the other; as it was in the league of the Etolians with the Romans; that is, both to endeavour that the others Empire may be in safety, and that his dignity, which is signified by the name of Majesty, may be inviolat 
† Imperii reverentiam dixit Tacitus, & sic explicat: Scde fixibusque in sua ripa, ment avimoque nobiscum agunt. Lib. 4. Florus: Illi quoque reliqui, qui immunes imperii erant, sentiebant tamen matnitudinem, & victorem gentium populum Romanum reverebantur. . Unto which kind are to be refer certain Rights of them which are now called Rights of Protection, Advocacy, Mundiburg: also the Right of mother-cities amongst the Grecians over their Colonies. For the Colonies whereas free, saith Thucydides, as the mother-Cities, but they ought to exhibit 
Lib. 1.  reverence to their Metropolu, and certain signs of honour. Livy saith of the old 
Lib. 1.  league between the Romans, who had received all the right of Alba, and the Latins of the Alban race: In that league the Roman state was superior. Rightly speaks Andronicus Rhodius after Aristotle: It is the property of friendship 'twixt 
Nicom. l. 9 c. 18.  unequals, that the stronger have more honour, and the weaker have more help. We know what Proculus answered to this question, 
L. non dubito D. de cap.  to wit, that the people is free which is sub ect to the power of no other, though it be contained in the league, that that people should fairly conserve the Majesty of the other people. If then a people bound in such a league remain free, if they be not subject to another's power, it follows that they retain the highest power. And the same is to be said of a King; For there is the same reason of a free people and of a King, who is truly so. Proculus adds, such a clause is in the league, to signify, the one people is superior, not that the other is not free. Superior here is meant, not in power (for before he had said, the one people is subject to the others power) but in authority and dignity; which the following words do express by a fit similitude: As we understand our Clients to be free, though they be not equal to us, neither in authority, nor in dignity, nor in every right: So also are they to be conceived free, whose duty it is to have a fair respect to the conservation of our Majesty. Clients are under the trust of their patrons, so are a people inferior 
* Vide Cardinalem Tuscbum PP. concl. 935. exemplum habet in Dilimnitis, qui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 suique juris Persis militabant apud Agathiam lib. 3. Sic Irene consilium fuit inter mariti liberos ita parti●… Imperium ut post natos faoeret dignitate quidem minores, caeterum sui juris plenaeque potestatis. Vide Crantzium Saxonicorum 10. de urbibus quaesein Austriacorum protectionem dedere. Herodian. l. 5. Osroënorum & Armoriorum, quorum hi subditi erant, illi amici & socii.  in the league under the trust of that people which in dignity is superior. They are under patronage not under rule, as Sylla speaks in Appian 
† Appian. Mithr. . Livy 
* Liv. lib. 3●….  saith, in part, non in ditione: and 
† Cic. Offic. 2.  Cicero, describing those more honest times of the Romans, tells us, they had patrocinium sociorum, non imperium. With whom agrees well that saying of Scipio 
Liv. lib. 26.  Africanus the elder: The people of Rome had rather oblige men by favour than fear, and unite foreign Nations to them by a faithful association, than subdue them to a grievous servitude: and that which Strabo relates of the Lacedæmonians after the Romans came into Greece: They remained free, conferring nothing, beside a friendly aid. As private patronage taketh not away personal liberty, so public patronage taketh not away Civil liberty, which without supremacy of power cannot be understood. Therefore we see these are opposed in Livy, To be under protection, and To be under command: And Augustus, in Josephus, threatens the Arabian King Syllaeus, unless he would cease from doing his neighbours wrong, He would take order, that of a friend he should be made a subject: of which quality were the Kings of Armenia, who (as P●…tus wrote to Vologeses) were within the Roman dominion; and therefore were Kings, rather in the sound of the name than really: such as were the Cyprian and other Kings of old under the Kings of Persia: 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. lib. 16.  Subjects, as Diodorus saith.   

LVI. An Objection Answered.  
Proculus' addeth somewhat which seemeth opposite to that we have said: There are accused before us some of the confederate Cities, & after sentence of condemnation we inflict upon them punishment. But, for the understanding hereof, we must know, that four kinds of Controversies may happen. First, if the subjects of a people or King, that is under the protection of another, be said to have done against the league: Secondly, if the people or the King himself be accused: Thirdly, if the Fellows, which are under protection of the same people or King, contend with one another: Fourthly, if the subjects complain of the injuries of their own Rulers. In the first kind, if a fault appear, the King or people is bound, either to punish the offendor, or to give him up to the party injured: which holds, not only 'twixt unequals, but between those that are equally confederate, yea and among them that are not at all confederate, as we shall show elsewhere. He is also bound to endeavour that damages may be repaired: which at Rome was the Office of the Recuperators 
* Gallus Aelius apud Festum: Reciperatio est cum inter populum & Reges nationesque ac civitates peregrinas lex convenit, quomodo per reciperatorem reddantur res, reciperenturque resque prevatat inter se prosequantur. Liv. lib. 23. . But one of the Associates in the league hath no direct right to apprehend or punish the subjects of his confederate. Wherefore Decius Magius, a Campanian, being put in bands by Annibal, and carried to Cyrene, and thence to Alexandria, showed that he was bound by Annibal against the league, and so was freed. In the second way, the confederate hath a right to compel his Confederate, to stand to the Articles of the league, and, if he will not, to punish him. But this also is not peculiar to the unequal league: it hath place too in that which is equal. For, that one may take revenge of him that hath offended, 'tis sufficient, that he be not subject to the offender (of which elsewhere:) wherefore the same thing comes to pass between Kings, or people not confederate. In the third kind, as in an equal league, controversies are wont to be brought before an Assembly 
* Talae conventus vocatur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  of the Confederates, to wit, such as are not concerned in the question; as we read the Grecians, the ancient Latins, and the Germans of old have done; or else before Arbitrators, or before the Prince of the Association as a common Arbitrarot: So in a league unequal, it is agreed for the most part, that the controversies be debated before him who is superior in the league. This therefore doth not prove any power of command: for Kings also do usually try their causes before judges of their own constitution. In the last kind, the confederates have no right of cognizance. Therefore when Herod voluntarily carried to Augustus' certain accusations against his sons; You might, said they, punish 
Joseph. l. 16. 6. 7, 8.  us yourself, both as a father, and as King. And Scipio 
* Vide Polyb. in legationum ex●…pto 105. , when Annibal was accused at Rome by certain Carthaginians, said, the Conscript Fathers ought not to interpose in a business of the Carthaginian 
Val. Max. l. 4. c. 1.  Commonwealth. And herein (as Aristotle teacheth) a confederacy and a commonwealth do differ, that Confederates 
Polit. 3. 9  take care no common injury be done unto them; not that the Citizens of a Confederate Commonwealth do no injury one against another.   

LVII. Another Objection answered.  
IT is objected also, that in histories he that is superior in the league is sometimes said to command; he that is inferior, to obey. But, neither aught this to move us. For, either it is treated of things pertaining to the common good of the Society, or of his private utility who is superior in the league. In common affairs, out of time of Assembly, even where the League is equal, the custom is for him who is chosen Chief of the league, to have command over his Confederates, as Agamemnon over the Grecian Kings, the Lacedæmonians over the Grecians afterward, and after them the Athenians. In the Speech of the Corinthians in Thucydides we read: It becomes them that are Princes of the league, not to seek their own particular advantage, but content themselves with an eminency above the rest in taking care of the common Interest. Isocrates relates, that the ancient Athenians had the conduct of Greece, and the charge of all their Fellows, but so, that they left them all their liberty entire. 
* Isocrates alibi: itae ut imperium habere belli, non dominari se debcre censerent: Item: Socialiter non heriliter res corum curantes.  This the Lati●… call, Imperare to command, the Greek more modestly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to order. The Athenians, when the conduct of the war against the Persians was committed to them, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, saith Thucydides, they ordered (so the Commissioners from Rome to Greece were said to be sent thither 
† Plinius epist. 8. 24.  for ordering the state of the free Cities) wh●… towns should contribute money against the Barbarians, what should provide stips. Now, if he doth this, who is only chief in a league, no marvel he doth the same who is superior, in a league unequal. Wherefore Empire in this sense, that is, the 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  conduct of affairs, takes not away the liberty of others 
† Rhodii in oratione apud Senatum Romanum, quae apud Livium exstat l. 37. Graeci domesticis quondam viribus etiam imperium amptectebantur: nunc imperium ubi est, ibi ut sit perpetuum optant: libertatem vestris tueri armis (atis habent, quoniam suis non possunt. Sic post Cadmeam à Thebanis receptam narrat Diodorus lib. 15. multas civitates Graecas convenisse, Omnes ut liberae essent, sed Atheniensium ductu uterentur. De ipsis Atheniensibus Philippi Macedonis tempore Dion. Prusaeensis: quo tempore ductu belli omisso libertatem solam retinebant. Sic Caesar, quos sub imperio Suevorum fuisse dicit, cosdem mox socios nominat. . But in those things that concern the proper utility of the Superior, his Requests are usually called Commands, not by right, but by likeness of the effect, as the Desires of Kings are so called, and as Physicians are said to rule their patients. Livy 
* Lib. 42. : Before this Consul (C. Posthumius) never was any one in any thing a charge or burden to our Confederates: therefore the Magistrates were furnished with Mules, tents, and all other necessaries, that they might not command such things from our Fellows. Mean while 'tis true, it often comes to pass, that the Superior in a league, if he much excel in strength, by little & little, usurps an Empire properly so called, especially if the league be perpetual, with a right of bringing in Garrisons into towns, as the Athenians did, when they suffered an appeal to be made unto them from their Fellows; which the Lacedæmonians never did. In which times Isocrates compares the Empire of the Athenians over their Confederates, to a Kingdom. So the Latins complained, they endured servitude 
* Hal. l. 6. Liv. l. 34. Hist. 4.  under the shadow of a league with Rome: so the Etolians, of a vain show and empty name of liberty; and the Achaians afterward, that a league in appearance was now become a precarious servitude. So in Tacitus 
† Hoc ipsum est quod Arato Plutarch dicit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Molle servitlum, wcula apud Tacitum hist. 4. Festus Rufus de Rhodiis: Primum liberè agebant, postea in consuetudinem parendi, Romanis clementer provocant bus, pervenerunt. Vide Agathiam lib. 1. ubi monentur Gotthi quid à Francis cum tempore exspectandum habeant.  Civilis the Batavian complaineth of the same Romans: We are not Associates, as heretofore, but are esteemed as slavoes: and in another place, A miserable slavery is falsely named peace. Eumenes also in 
* Lib. 35. Lib. 37.  Livy saith, the Fellows of the Rhodians were Fellows in word, indeed subjects to their Empire, and obnoxious: And Magnetes, that in show Demetrias was free, but indeed all things were done at pleasure 
* Tales & Lazi Jusi●…niani temporibus. Vide Procopium Pers. 2.  of the Romans. So Polybius notes, the Thessalians had a seeming liberty, but really were under command of the Macedontans. When these things are done, and so done, that patience passe●… into a right (of which elsewhere) then either they which were Fellows become Subjects, or at least there is a partition of the supreme power, such as we have declared above to be possible.   

LVIII. That the highest power may consist with paying of Tribute.  
I See no cause to doubt, but they that 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, ut est apud Thucydid.  pay a certain Tribute 
† Persae pecuniam annuam ab Jussiniano accipi●…bant, qua de●…e vide Prococopium Persicorum 2. & Gotthicoium 4. Id molli vocabalo vocabalur stipendium ad tutandas portas Caspias. Turca Arabas montanas pecunia placant.  either for redeeming of injuries, or to gain safeguard (such as were the Hebrew 
* Joseph. l. 15. Negabat An tonius rectum elie reg●…m vocari ad rat ones reudendas de iis quae ut Rex fec. 〈◊〉: ●…ta enim ne regem quidem cum fore. Par esse ut qui honerem ei dederint, et●…am potestare quam liberr mè uti eum sinant. Chrysostomus 2. de Eleemosyna: Judaei, ex quo retro ferri res eorum coepere, Romano attributi imperio, neque in plena, ut ante, erant li e●…: neque tamen ita ut nunc omnino servi, sed sociorum vocabulo honorabantur, regibus suis tributa a pendents & ab iis accipientes praefectos. Caeterum in plerisque suis utebantur legibus, ita ut & popularium delinquontes ipsi punirent secundum mores patrios.  Kings, and of the neighbouring nations after the time of Antonius) may have the highest power; although this confession of their weakness diminish somewhat of their dignity.   

LIX. That the highest power may be holden in Fee.  
TO many it seems a more difficult question concerning feudal obligation, but it may easily be solved out of that which hath been said. For in this contract, (which is proper to the Germane Nations, nor is any where found but where the Germans have seated themselves) two things are to be considered, Personal obligation, and Right over the thing. Personal obligation is the same, whether one by feudal right possess the right itself of Governing, or any other thing also placed else where. Now, such an Obligation, as it would not take away from a private man the right of personal liberty, so neither doth it take away from a King or people the right of the highest power, which is civil liberty. Which is most apparently to be seen in the free feuds which they call Franca, which consist not in any right over the thing, but in personal obligation only. For these are nothing but a kind of unequal league, (whereof we have spoken) wherein the one party promiseth aid and service, the other safeguard & protection. Suppose also that aid was promised against All, which Feud they now call Ligium (for that word was of larger signification) this detracteth nothing from the right of the highest power over subjects: not to mention now that there is always a tacit condition, while the war is just, of which elsewhere. But, as to the right over the thing, truly it is such, that the right itself of governing, if it be holden in Fee, may be lost, either the family being extinct, or also for some sort of crimes. Yet in the mean it ceaseth not to be highest: for we must distinguish (as hath been said) between the thing itself, and the manner of having it. And by such a right I see many Kings constituted by the Romans, so, that the royal family exspiring, the Empire should return to themselves: which is noted by Strabo concerning 
Lib. 12.  Paphlagonia and some other.   

LX. The Right, and the Exercise of it distinguished.  
MOreover, both in Empire and Dominion, we must distinguish the Right from the Use of right, or the first act from the second. For as an Infant King hath right, but cannot exercise his power; so also one of an alienated mind, and in captivity, and that lives in the territory of another, so that freedom of action about his distant Empire is not permitted him: for in all these cases Curators or Vicegerents are to be given. Therefore 
* Vide Plutarch. Demetrio.  Demetrius, when being in the power of Saleucus he was under some restraint, forbade any credit to be had, either to his seal, or letters, but appointed all things to be administered, as if he had been dead.   

LXI. Of the war of Subjects against their Superiors. The question 
L. 1. c. 4.  stated.  
WAr may be waged, both by private men against private, as by a traveller against a robber; and by those that have the highest power against those that have it likewise, as by David against the King of the Ammonites; and by private men against those that have the highest power, but not over them, as by Abraham against the King of Babylon and his neighbours; and by those that have the highest power over private men, either subject to them, as by David upon the part of Isboseth; or not subject, as by the Romans against the pirates. Only the question is, whether it be lawful for private or for public persons to make war upon them, under whose power, whether supreme or subordinate, they are. And first, that is beyond all controversy, Arms may be taken against inferiors by those who are armed by authority of the Highest power: as Nehemias' was armed by the Edict of Artaxerxers against the neighbouring Governors. So the Roman Emperors grant 
L. votu mc. de Metatorib. l. 12.  leave to the Lord of the soil to force away the Camp-measurers. But it is enquired, what is lawful against the Highest Power, or the Lower Powers doing what they do by authority of the Highest. That's without controversy amongst all good men; If they command any thing contrary to natural right or to the divine precepts, what they command is not to be done. For the Apostles, when they said, we must obey God rather than men, appealed to a most certain rule, written in all men's minds, which you may find almost in the same words in Plato: but if for any such cause, or otherwise because it is the pleasure of the Sovereign, injury be offered us, it is to be suffered with patience, rather than resisted by force.   

LXII. By the law of Nature, war upon Superiors, as such, is not ordinarily lawful.  
ALl men indeed naturally (as we have said above) have right to keep off injury from themselves. But, Civil society being ordained for the maintenance of tranquillity, thereupon ariseth presently to the Commonwealth a certain greater right over us and ours, so far as it is necessary to that end. The Commonwealth therefore may, for public peace and order, prohibit that promiscuous right of resisting: and no doubt is to be made of the will thereof, when without that the end cannot be attained. For if that promiscuous right of resisting continue, it will not be now a Commonwealth, but a dissolute multitude, such as were the Cyclops, of whom Euripides saith, Every 
Euripid. Cyclope.  one gives laws to his wife and children, and, A confused company, where every one commands and none obeys 
† De Bebricii similia pro●…idit Valerius: Non soedera legum Vlla col●…n placidas aut su ra tenentia me●…tes. : And the Aborigines, who, as Sallust relates, were a savage kind of people, without laws, without rule, disorderly and dissolute: and the Getulians, of whom he speaketh in another place, that they were not governed, neither by customs, nor by the Law or command of any Ruler. The manners of all Commonwealths are so, as I have said: It is a general agreement of human society, saith Augustin, to obey Kings. 
Rex est suo utens jure nulli obnoxius. Aeschylus. Nam Principes sunt: obsequendum. quippeni? Soph.  To the Prince, saith Tacitus, have the Gods given supreme power; to the subjects is left the glory of obedience. Hic quoque,  
Indigna digna habenda sunt Rex quae facit.  
Aequum atque iniquum Regiiimperium feras. Seneca. 
Imperia habentum perferenda inscitia est. Euripid.   
Add that which is in Sallust 
* Impune quidvis facere, id est Regem esse. Pertinent huc M. Antonii verba quae ex Josepho modo adduximus. L. Milites. §. irreverens'. D. de re milit. Rufus legi. militaribus. cap. 15. . To do what he will without punishment, that is to be King. Hence it is, that every where the Majesty, that is the dignity, whether of a people, or of One that hath the highest power, is defended by so many Laws, by so many punishments: which dignity cannot consist, if the licence of resisting do remain. A Soldier, who hath resisted his Captain willing to chastise him, if he hath laid hold on his rod, is cashiered; if he purposely break it, or laid violent hand upon his Captain, dies. And in Aristotle it is, If one that beareth office beateth any man, he must not lift up his hand against him.   

LXIII. Nor is it allowed by the Hebrew Law.  
IN the Hebrew Law, he is condemned 
Deut. 17. 12. Jos. 1. 18.  to death, who is disobedient, either to the High Priest, or to him who is extraordinarily appointed by God to be Ruler of the people. That which is in Samuel 
1 Sam. 8. 11. Deut. 17. 14.  of the King's right, plainly appears to him that looks rightly on it, neither to be understood of true right, that is, of a faculty to do a thing honourably and justly (for a far other manner of life is prescribed the King in that part of the Law, which declares his office) nor to signify a naked fact: (for there would be nothing peculiar in it, sith also private men are wont to do injuries to private men:) but a fact which hath some effect of right, that is, an obligation of non-resistence 
* Philo in Flaccum: Quando enim defectionis suspecti fuimus? quando non pacis amantes ab omnibus sudicati sumus? instituta vero, quibus utimur quotidie, nun extra reprehensionem sunt? nun ad concordiam bonumque statum civitatis conduount? . Wherefore it is added, that the people oppressed with these injuries should cry to God for help; to wit, because no human remedies remained. So then is this called right, as the Praetor is said reddere jus, to do right, even when 
L. jus pluribus. D. de just. & jure.  he determineth unrightly.   

LXIV. Lest of all, by the Evangelical Law. The first proof, out of S. Paul.  
IN the new Covenant Christ commanding to give to Caesar the things that are Caesar's, would have the disciples of his institution understand, that no less, if not greater obedience, with patience (if need be) is due to the Highest Powers, than the Hebrews owed to the Hebrew Kings: which his best Interpreter Paul the Apostle explaining more at large, and describing the duties of subjects, amongst other words hath these: Whosoever resisteth the power, resisteth the ordinance of 
Rom. 13. 2.  God: and they that resist shall receive to themselves damnation. He adds: For he 
Vers. 4.  is the Minister of God to thee for good. And again: Wherefore ye must needs be subject, not only for wrath, but also for 
Vers. 5.  conscience sake. In subjection he includeth a necessity of not resisting, nor that only that springs from fear of a greater evil, but that flows from the very sense of our duty, and obligeth us, not to men only, but to God. He adds two reasons: First, because God hath approved that order of ruling and obeying, both of old in the Hebrew Law, and now in the Gospel; wherefore the public powers are to be so esteemed by us, as constituted by God himself. For we make those things ours, which we grace with our authority. Second, because this order serves to our good. But, one may say, to suffer injuries is nothing profitable. Here do some, more truly I think than appositely to the meaning of the Apostles, say, these injuries are profitable to us; because the patience shall not go without reward. To me the Apostle seemeth to have considered the universal end proposed to that order, which is the public tranquillity, 
* Bene Chrisostomus: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. princeps nimirum Evergelium praedicanti. Dedolat ille quod tu descobtuas, , wherein also is comprehended the peace of every one. And truly, 'tis not to be doubted, but that for the most part we attain unto this good by the public powers: for no man wisheth ill unto himself: now, the Ruler's fecilitie consisteth in the felicity of his subjects. 
* Sint quibus imperes. Dictam hoc Sullae aiunt Plutarch, Florus & alii, unde ●…sit August nus l. 3. c. 28. de Civ. Dci.  Let there be, whom thou mayst rule, said One. The Hebrews have a proverb: If there were no Government, one man would devour another alive. Which sense is in Chrysostom too: Unless Cities had Rulers, we should lead a life more wild than the wild beasts, not biting only but eating us one the other 
† Est hoc de statuis lexto: sed & not Tolletribunolia, & omnem de vita tranquillitatem abstuler is. Deinde, N●… mibi illos. efer, qui mole usi sunt bonorivus, sed ipsius instituti vide pulchritudinem, & sapientiam ejus admirabilis qui primus ejus aucter suit. Idem ad Romanos: Magistratus siabstuleris, perierint omnia, non urbes stabunt, non agri, non sorum, nec quicquam aluid. Evertentur omnia, & fortioris esea fiet quilibet infirmier. Idem sensus apud eundem ad Ephes. 5. . But if at any time Rulers are transported by too much fear, or anger, or other affections diverting them from the way that leaderh to tranquiility, that is to be accounted among accidents less frequent, and which, as Tacitus saith, are recompensed by the intervenience of better things. Now, Laws content themselves with bearing a respect to what falleth out for the most part, as Theophrastus said; whereto is pertinent that of Cato, No Law is perfectly commodious; 
L. 〈◊〉 D. de Legib. 〈◊〉. 3. in fint. D. de pet. h●…ered. Liv. lib. 34.  this only is enquired, if it be profitable to the greater part and in the main. But the things that happen more rarely, are notwithstanding to be bound up in common rules, because although the reason of the Law in this special fact especially hath not place, yet the reason abides in its generality, whereunto the specials are to be subject. For that is better than to live without rule, or that the rule be left to every one's pleasure. Seneca to the purpose: better it was, that even the just 
Sin. de ben. cap. 16.  excuse of a few should not be accepted, than that all men should attempt to make some excuse. Here also hath place that speech of Pericles 
* Thucydid. lib. 2. q●…icum bene convenit illud Ambrofii lib. 3. de Offic. Eadem singulorum est utilitat quae universoium. Et illud in jure: Semper non quod privatim interest uni ex sociis servari debet, sed quod Communi societati expedit. L. Actiones. sect. Labeo. D. pro Socio. , never enough remembered: Thus I conceive, that the Commonwealth which is well in the general is better for particular men, than where private estates are flourishing, and the public is sick. For he that hath his domestic fortunes well settled, his country being overthrown, must needs fall with it. But he whose private estate is decayed in a prosperous Commonwealth, is thereby much more easily repaired. Wherefore, when the public may sustain losses of particular men, But particular men cannot make amends for the public calamities, why should we not all join together in maintaining the common Interest, 〈◊〉 doing as you do, while you are astonis●… at your private damage, betraying the Commonwealth. The sense whereof is in brief expressed by 
* Lib. 26.  Livy thus: The Commonwealth being safe, secures the private estates easily; in vain shall you keep your own, if you betray the public 
† Plato dixerat legum 4. Quod commune est connectit civitates, quod singulorum dissipat; quare & publice & privatim utilius est, ut publica magis quam privata curentur. Xenophon vero: Qui in bells contra ducem seditiose se gerit, facit hoc cum suae salutis periculo. Eodem & illa Jamblichi pertinent: Non disjuncta & privata utilitas à publica, i●…ò in bono communi singulare etiam continetur: & ut in enimalibus caeteraque natura, it a in civitatibus, in totius salute salus est partium. . Non among things concerning the public, the principal no doubt is that order, which we have said, of ruling and obeying: and that cannot consist with a private licence of resisting. I desire to explain this by a noble passage in Dio Cassius: Truly I think it not becoming, that the Ruler of a City should give place to his subjects, nor is there hope of safety if they will command, whose duty is to obey. For consider, what order will be in a family if the elder be despised by the younger; What method in a school, if the learners care not for the teachers; how can the sick recover their health, if they will not in all things be obedient to their Physicians; how can Seamen escape danger, if the Sailors will not hearken to the commands of their Masters. For by nature it is necessary and safe for men, that some should govern, and some be subject.   

LXV. The second proof, out of S. Peter.  
TO Paul let us add Peter as a fit companion: his words are these; Honour 
1 Epist. 2. 18, 19, 20.  the King: Servants be subject to your Masters with all fear, not only to the good and gentle, but also to the froward. For this is thankworthy, if a man for conscience toward God endure grief suffering wrongfully. For what glory is it, if when ye be buffeted for your faults, ye shall take it patiently? but if when ye do well, and suffer for it, ye take it patiently: this is acceptable 
* Tertullian. de poenitentia. Timor hominis Dei honor est.  with God. And when he confirms this by the example of Christ. The same sense also is expressed in Clement's Constitutions in these words: Let a servant fearing God bear a good affection to his Master, though ungodly, though unjust. Two things are to be noted here. First, that the subjection due to masters, even to the froward, is also to be referred to Kings: for that which follows, built on the same foundation, respects no less the office of subjects than of servants. Second, the subjection required of us is such as carries with it patience of injuries. So is it usually said of parents:  

* Ames parentem, si aequ●… est: si non, sir as. Terentius Hec. Nam matris ferre injurias me, Parmeno, pletas jubet. Cic. pro Cluentio: Non modo reticere homines parentum injurias, sed etiam aequo animo ferre oportet. Habet ad hoc praeceptum pulchra Chrysostomus tum 2. ad Timoth. cum libro 5. adversus Judaeos. Pertinent huc & quae Epictetus & post eum Simplicius habent de duabus ansit.  A gentle parent's dear:  
Yet the ungentle bear.  
And a youth that had long frequented Zeno's school being asked, What he had learned there, answered, To bear my Father's anger. Justin of Lysimachus: Wit●… a good coutage he received disgrace fro●… the King, as from his father. And it 〈◊〉 in Livy; As the hardness of parents, so i●… that of our Country to be mollified by patience and sufferance. It is said in tacitus, The natures of Kings must be end●…red: and again, We must pray that we may have good Emperors, and tolerate th●… bad 
* ●…pud persas, laudante Claudiano, Quamvis crudelibus aequè Paretur dominis. .   

LXVI. Further proof from the examples of the ancient Christians.  
FRom this Law of our Lord, the practice 
† Ad quam pertinet Canon 18. Concilii Chalcedonensis, repetitus Canone 4. Concilii in Trullo: Concilium Tole●…num 4. Capitulum 2. Caroli Calvi in villa Colonia. Synodus Suessionensis canone 5.  of the ancient Christians, the best interpreter of the Law, departeth not. For although very ill men often possessed the Roman Empire, nor were there wanting who under colour of relieving the commonwealth opposed themselves against them, yet the Christians never adjoined themselves to their erterprises. In Clements' Constitutions we read, It is unlawful to resist the Royal power. Tertullian in his Apologetique saith: Whence are those Cassii, Nigri and Albini? Whence are they that set upon Caesar between the two laurels? whence are they that sh●…w their palestric art in stopping his breath? whence are they that break into the palace armed, bolder than all those 
* Xiphilinus Domitiano: Insidias autem ei communicato inter se consilio struxere Parthenius praepositus cubiculariorum, & Sigerius, & ipse è cubiculariis. Martial. l. 4. Sigeriosque mero●…, Partheniosque sonas. Corruptum id nomen non modo hic in Tertulliano suerat, sed adhuc est in Suctonio, ubi Saturius, & in Victore vulgari ubi Casperius legitur.  Sigerii (so the MS. plainly, in the library of the most worthy Puteans) and bolder than the Parthenit? They were of the Romans, unless I am deceived, i. e. of such as were not Christians. That which he saith of the palestrick art pertains to the death of Commodus, wrought by the hand of a palestrite at the command of the Perfect Aelius Laetus: than which Emperor yet, scarce any was more wicked. Parthenius, whose fact likewise is detested by Tertullian, was he that had slain the Emperor Domitian. To the●…e he compares Plautianus the Praetorian Perfect, who designed to kill Septimius Severus, a very sanguinary Emperor, in his palace: Against the same Severus, took arms, as on behalf of the Commonwealth, in Syria Pescennius Niger, in Gallia and Britain Clodius Albinus: But their enterprise also displeased the Christians, which Tertullian likewise boasteth of to Scapula: We are defamed concerning the Emperor's Majesty: yet could the Christians never be found, either Albinians, or Nigrians, or Cassians. Cassians were they that followed Avidius Cassius an eminent man, who having taken up arms in Syria, pretended he would restore the Commonwealth, undone by the negligence of M. Antonius. Ambrose, when he thought injury was done, not to himself alone, but to his flock, and to Christ, by Valentinus the son of Valentinian, would not use the commotion of the people ready enough to make resistance. 
* Idem Ambros. ep. 33. Vultis in vincularapere? voluntas est mihi. Non ego me vallabo circumfusione populorum. Imitatus est magnus Gregorius lib. 6. epist. 1. Si in morte Longobardorumme miscere voluissem, hodie Longobar dorum gens nec Regem, nec Deuces, nec Comites haberet, atque in summa confusione esset divisa.  Violence, saith he, 
† Lib. 5. Orat. in Auxent. Inseruit Gratianus caus. 23. quaest. 8.  being offered, I have not learned to resist: I can grieve, I can weep, I can sigh: against arms and soldiers, oven Goths, my arms are my tears. For such are the muniments of Priests. In any other sort, neither ought I, nor can I resist. After: It was required of me, that I should restrain the people: I answered, it was in me, not to raise them; in God's hand, to quiet them. The same Ambrose would not use the forces of Maximus against the Emperor, being both an Arrian and a persecutor of the Church. So was Julian the Apostate, 
Theodoret. hist. Eccles. lib. 5. cap. 4.  when he plotted the Church's ruin, repressed by the tears of Christians, as Nazianzen saith, adding. This was the only 
Orat. 1. in Julian.  remedy against a persecutor. And yet almost all his Army was made up of Christians. Add hereunto, that, as the same Nazianzen observes, that persecution of Julian, was not only injurious to the Christians, but had brought the Commonwealth also into extreme danger. We will close up this with a saying of Augustin, where he explains the words of Paul to the Romans: It is necessary for this life we should be subject, 
Prop. 74.  not resisting, if they (the Governors) shall please to take any thing from us.   

LXVII. It is not lawful for inferior Magistrates to make war upon the Highest.  
OUr age hath brought forth men, learned indeed, but too observant of times and places, who persuaded themselves first (for so I believe) and than others, that the things above spoken have place among private persons, not also among inferior Magistrates 
† P. Martyr ad Judicum 3. Paraeus ad 13. cap. ad Rom. Jun. Brutus. Danaeus lib. 6. polit. & alii. : who (as these men think) have a right to resist the injuries of the Sovereign; yea they sin, unless they do resist. This is not to be admitted. For as in Logic the intermediate 
* Genus speciale, Sen. epist. 58.  species, if you respect the genus, is species; if the species below it, is genus: so these Magistrates, in regard of their inferiors are public persons, but in relation to their superiors are private. For all faculty of governing, which is in Magistrates, is so subjected to the highest Power, that whatsoever they do against the will of the sovereign, is destitute of that faculty, and therefore to be accounted for a private act. For, that saying of the Philosophers hath place here also, 
* Averro 5. Metaph. tom. 6. Ordinem non dari nisi cum relatione ad aliquid primum.  There can be no order without relation unto somewhat which is first. Who think otherwise, to me they seem to introduce such a state of things, as the Ancients feign to have been in heaven before the the Rise of Majesty, when they say the minor Gods yielded not to Jove. But the Order (which I have mentioned) and 
† Sic in familia paterfamilias primus, inde materfamilias, inde filii, mox ordinarii servi, postremo servi vicarii. vide Chrysost. 1 Cor. 13. 3.  subalternation is not only known by common sense 
* Unde illud, Omne sub reguo graviore regnum est: Et Papinii illud, Vice cuncta reguntur, Alternisque regunt: Et Augustini dictum celebre, Ipsos humanarum rerum gradus adverte, si aliquid jusserit Curator, faciendum: non tamen si contra Proconsul jubeat: aut si Consul aliquid jubeat, & aliud Imperator. Non utique contemnis potestatem, sed eligis majori servire: n●… hine debet minor irasci, si major praelatus est. Et hoc ejusdem de Pilato, Talem quippe Deus dederat illi potestatem, ut esset etiam ipse sub Caesaris potestate. , but proved also by divine authority. For the 
† 1 Ep. 2.  Prince of the Apostles would have us to be subject otherwise to the King, otherwise to the Magistrates: to the King as supereminent, i. e. without any exception, beside those things which are directly commanded by God, who approves patience of injury, forbids it not: to the Magistrates, as sent by the King, i. e. deriving their power from him. And when Paul requires every soul to be subject to the highest powers, he included also the inferior Magistrates. If we look back upon the Hebrew people, where so many Kings were contemners of divine and human Law, we shall never find that the inferior Magistrates, amongst whom were very many men pious and valiant, took so much upon them, as to oppose any force against the Kings, unless they had received from God, who is King of Kings, a special mandate. But on the contrary, what is the duty of Peers, 
* 1 Sam. 15. 30.  Samuel shows, when in the sight of the Peers, and people, with accustomed veneration he attended Saul now ruling perversely. Moreover, the state of public Religion always depended on the will of the King and Sanedrin. For, that the Magistrates and people, after the King, promised their fidelity to God, this must be understood so far as it was in the power of every one. And more, the images of false Gods, publicly exstant, we never read to have been thrown down, unless by command either of the people in the free State, or of the Kings if they ruled. Howbeit, if at any time any thing was done by force against the Kings, it is related for testimony of divine providence permitting it, not for approbation of humane fact. The Authors of the contrary opinion are wont to object a saying of Trajan, when he gave a sword to the Praetorion Perfect; 
* Hoc pro me utere, si recte impero; si male, contra me.  Use it for me, if I govern well; if ill, against me. But we must know that Trajan, as appears by Plinio's Panegyric, was very studious to show nothing regal, but to act a 
† Quod postea imitati Pertinax & Macrinus, quorum orationes egregias apud Herodianum vide. Dion. lib. 6.  true Prince, subject to the judgement of Senate and people, whose decrees the Prefect's duty was to execute even upon the Prince himself. Like to this is that we read of M. Antoninus, who would not touch the public money without the advice of the Senate.   

LXVIII. In case of extreme and inevitable necessity, what may be done.  
THis is a greater question, whether the Law of not resisting bind us in extreme and most certain danger. For even some Laws of God, although generally expressed, have a tacit exception of extreme necessity: which in the time of the Hasmoneans was defined by wise men concerning the Law of the Sabbath Whence it is a common saying, Peril 〈◊〉 life drives away the Sabbath: and a Je●… in Synesius gives this reason of neglectin●… the Law of the Sabbath, We were brought 
Vide etians verba Jonathan. 1 Macc. c. 9 44.  into most certain danger of our life. Whi●… exception is approved by Christ himself as also in another Law of not eating th●… shewbread. And the Hebrew masters out of the old tradition, add the same exception to the laws of forbidden meats and to some other: And rightly; Not, that God may not bind us over to certain death, if he please; but, because certain laws are of such an argument, that it is not credible they were given out of 〈◊〉 rigid a will. Which holds more strongly in humane laws. I deny not, but even a humane law may command some act of virtue under certain peril of death, a●… the law of not deserting one's 
* Vide fose phum ubi de custodibus Saulus agit. Polyb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Station but we must not rashly conclude, that was the will of the Law, maker; nor d●… men seem to have taken so much right over themselves and others, but so far a●… extreme necessity requires it. For laws are wont (and so they ought) to be made by men with sense of humane imbecility. Now the law of which we speak, seems to depend upon their will, wh●… first consociate themselves into civil society, from whom thenceforth a right flows and comes unto the Rulers. And these, if they were asked, whether their will was to impose upon all this burden, to die rather than in any case to repel by force the force of their superiors, I know not whether they would answer, it was their will, unless perhaps with this additament; if resistance cannot be made without very great perturbation of the Commonwealth, or the destruction of very many innocent persons. For, what in such a circumstance charity would commend, may be also, I doubt not, deduced into a humane Law. One may say, that rigid obligation, to die rather than ever to repel any injury of superiors, proceedeth not from humane law, but from divine. But we must note, Men at first, not by divine precept, but drawn of their own accord upon experience of the infirmity of divided families to defend themselves against violence, closed together in the bond of civil society: whence civil power hath its spring, which therefore Peter calls a humane ordinance 
* 1 Pet. 2. 13. Rom. 13. , though elsewhere too, it is called a Divine ordinance, because God approved this wholesome institution of man. But God, approving humane law, is supposed to approve it as humane, and in a humane manner. Barclay, the most 
Barclaius lib. 3. adv. Monarchom. cap. 8.  stour defender of Regal Power, descendeth yet so far, as to grant the people, and an 
* Insigni parti.  eminent part thereof, a right of defending themselves against immane cruelty; when yet the same Author acknowledgeth 
Lib. 6. c. 23. & 24.  the whole people to be subject to the King. I do easily conceive, the more value that is of which is conserved, the more equity it is, which give us an exception against the words of of the Law: nevertheless, indistinctly to condemn either single persons, or a le●… part of the people, which heretofore hath used the last safeguard of necessity, so, as to have respect in the mean time to the common good, 
* Vix ausim.  I scarce dare. For David, who, except a few acts, hath testimony of a life exactly conformed to the laws, 
1 Sam. 22. 2. & 23. 13.  had about him armed men, first four hundred, and then a greater number; to what purpose, but to keep off violence, if it should be offered. But withal, this is to be noted, David did not this, till after he had found, both by Jonathan's discovery, and by very many other most certain arguments, that Saul sought after his life; And then, neither invades he Cities, nor takes occasions of fight, but retreats and hides himself, sometimes in the wilderness, sometimes amongst other people, and hath a religious care never to hurt his own Country. Parallel to this may seem the action of the Maccabees. For, that some defend their arms upon this title, as if Antiochus had not been King but an Invader, I think it vain; when the Maccabees and their followers, in all the history, never call Antiochus by any other but the name of King: and rightly, when long before the Hebrews had acknowledged the Macedonian Power, into whose right Antiochus succeeded. As for that prohibition to set an alien over the people, that Law is to be understood of voluntary election, not of what the people was compelled to do, drawn by necessity of the times. And for that which others say, that the Maccabees used the right of a people, who had liberty 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  to live by their own laws, it is not firm neither: for the Jews, subdued first to Nebuchodonosor by the law of war, by the same law were subject to the successors of the Chaldaeans, the Medes and Persians: all whose Empire devolved to the 
† Justin. lib. 36. Primus Xerxes Rex Persarum Judaeos domuit, postea cum ipsis Persis in ditionem Alexandri magni venere, diuque in potestate Macedonici Imperii sure. A Demetri●… cum descivissent, amicitia Romanorum petita, primi omnium ex Orientalibus libertatem receperunt, facile tunc Romanis de alieno largientibus.  Macedonians. Hence are the Jews called by Tacitus. 
* Vilissima pars servientium. Tac. Hist. 1. 5.  The most vile part of those that serve, while the East was in the power of the Assyrians, Medes and Persians. Nor did they covenant for any thing with Alexander and his successors, but without any condition came under their dominion, as before they had been under Darius. But if the Jews were sometimes permitted to have open exercise of their Rites and Laws, this was a precarious right, arising from the favour of the Kings, not from any law or condition annexed to the Government. There is nothing therefore that can clear the Maccabees, besides extreme and most certain danger: to wit, so long as they contained themselves within terms of sel●… defence, so, as to retire into devious places, after David's example, to secure themselves; and not to enter into batta●… but when they were assaulted.   

LXIX. The King's Person Sacred.  
MEan while, this caution is to be observed, even in such a danger the person of the King must be spared: which they that think David did, not out of any necessity of duty, but out of some higher design, are much mistaken. For David himself plainly said, No man can lay 
1 Sam. 26. 9 Exod. 22. 28. Optat. l. 2.  hands upon the King, and be innocent. Well he knew, 'twas written in the law, Thou shalt not revile the Gods (that is, the highest Judges) nor curse the Ruler of thy people. In which law the special mention made of the eminent powers, evidently shows something special to be commanded. (Wherefore Optatus speaking of this fact of David saith, He was hindered by a full remembrance of the divine commands. 
† Josephus de Davide. sed statim paenitudine ductus, injustum facinus esse dixit, Deminum suum occidere. Et post: Horrendum, regem quamvis malum interficere, poenam enim id facienti imminere ab eo qui regem dedit.  And he puts these words into David's mouth, I was willing to o'ercome my enemy, but that I chose rather to keep the Command of my God.) Now, for evil words that are false, it is not lawful to cast them at a private person: against a King therefore we must not use them, when they are true. For, as the Writer of the Problems, which bear Aristotle's 
Problem. sect. 40.  name, affirmeth, He that reproacheth the Ruler is injurious to the City 
* Julianus Misopogone: Sunt enim leges severae pro principibus, ita ut qui in principtm injuriosus fuerit, is ex animi libidine conculcaverit leges. . And if the Ruler must not be offended with the tongue, much less certainly with the hand: whence we also read, that David's heart smote him for violating the garment of the King; so much did he apprehend the sanctitude of his person. And not without cause: For sith the highest power cannot but lie open to the hatred 
† Quintil. Declamat. 348. Hanc esse conditionem omnium, qui administrationem reipub. aggrediuntur, ut ea quae maxim pertinent ad salutem commanem, cum quadam sui invidia efficere cogantur. Vide ea de re Liviae verba ad Augustum apud Xiphil. ex Dione.  of many, the Ruler's person was with a peculiar fence to be secured. The Romans made a Constitution that the Tribunes of the common people should be inviolable. The Essenes' had a saying, that Kings are to be accounted sacred 
* Plutarch. Agide: Nec fas, nec licitum regis corpori manus infer. Insigne illud apud Hometum:- Nam pro populi pastore timebat, Ne quid ei accideret. Bene Chrysostomus 1 Tim. 1. Si quis ovem jugulet ab eo gregem immi●…ui: ut si quis pastorem de medio sustulerit ab eo totum gregem dissipari. Seneca lib. priore de Clem. c. 3. Somnum ejus ●…octurnis excubiis muniunt: latera objecti circumsusique defendunt: incurrentibus periculis se apponunt. Non hic est sine ratione populis urbibusque consensus, etc. . It is in Curtius, that the nations which are under Kings, reverence their Kings as Gods. And Artabanus the Persian saith: 
* Apud Plutarch Theraistocle.  Amongst our many good Laws, this is the best, that the King is to be reverenced and adored, as the Image of God the Saviour of all.   

LXX. Of Christian subjection.  
'tIs a greater question, whether so much as was lawful for David, and lawful for the Maccabees, be allowed unto Christians; whose Master so often commanding his disciples to undertake the cross, seems to require a patience more exact. Certainly, where Superiors threaten Christians with death for religion sake, Christ gives them leave to fly; them I mean whom necessary office binds not to any place: beside flight he permits nothing, And Peter saith, Christ, when he suffered, left us an example to follow; Who did no sin, neither was guile found 
1 Pet. 2. 22, 23.  in his mouth: Who when he was reviled, reviled not again; when he suffered, he threatened not; but committed himself to him that judgeth righteously. The same Apostle bids Christians give thanks to God, and 
1. Pet. 4. 13. etc.  rejoice, if they suffer as Christians. And surely, by this patience most of all, we find Christian religion to have prevailed and spread itself. Wherefore, in my opinion, the ancient Christians, who, coming fresh from the discipline of the Apostles and Apostolical men, did more perfectly both understand and obey their prescriptions, are very much injured by them, who think the reason why they defended not themselves in most certain peril of death, was, because they wanted not will, but strength. Imprudent, no doubt, and impudent had Tertullian been, if, before the Emperors, who could not be ignorant of the truth, he had so confidently dared to tell a lie: If we were willing (saith he) to use open hostility, should we want numbers and forces? We have filled your Cities, Lands, Castles, Towns, Camps, Palace, Senate, all your places, but your Temples. And were our forces unequal to yours, we might easily make war upon you, when we are so willing to be slain, if our Religion did as well allow us to kill, as to be killed. Here also 
* Ad Demetrianum.  Cyprian follows his master, and openly proclaims; Hence it is, that none of us, when he is apprehended, resisteth: nor revengeth himself against your unjust violence, albeit our people is exceeding numerous. Our security of the future revenge makes us patient. The innocent yield unto the nocent 
† Ejudem haec libri primi epistola 1. Intellexit (adversarius) Christi milites vigilare, jam sobrios & armatos ad praelium stare, vinci non pesse, mori posse; & hoc ipso invictos esse, quia nec mori timent, nec repugnare contra impugnantes, cum occidere innocentibus nec nocentem liceat, sed prompt & animas & sanguinem tradere. . And Lactantius 
* Lib. 5. Lib. 6. qu. 10. in Jos.  We put confidence in his Majesty, who can as well revenge the contempt of himself, as the labours and injuries of his servants. And therefore when we suffer such horrid things, we oppose not so much as a gainsaring word, but leave vengeance to God. Nor did Augustin look upon any thing else when he saith: Let not the just man especially have any other thoughts in these matters, but that he may undertake war to whom it is lawful, for to all it is not lawful. And this is his: As oft as Emperors are in error, they make L●… to maintain error against the truth, 〈◊〉 which laws the righteous are exami●… and crowned. The same elsewhere: Princ●… are so to be borne with by the Common●… 
Epist. 166.  and Masters by their servants, that by the exercise of patience temporal things m●… be endured, and eternal things assured Which in another place he explains by the example of the ancient Christians thus. The City of Christ, though as ye●… 
De Civit. Dei. l. 22.  travelling on earth, and having so gr●… multitudes against ungodly persecuton, did not fight for temporal safety; but, to obtain eternal, refused to fight. They were bound, they were imprisoned, they were beaten, they were tormented, they were burned, torn in pieces, cruelly slain, and still they were multiplied. They could not fight for salvation, unless for salvati●… they did contemn their safety. And Cyrill●… words upon that of John, concerning the sword of Peter, are of like sense, and no less to the purpose.   

LXXI. The famous example of the Thebean Legion.  
THe Thebaean Legion, as the acts do show us, consisted if six thousand six hundred sixty six Soldiers, all Christians, Who, when Maximianus Caesar at Octodurum compelled his Army to sacrifice to false Gods, marched away first to Agaunum: and, when the Emperor had sent some thither to command them to come to sacrifice, upon their refusal, Maximianus commanded every tenth man to be slain, by his Sergeants. The command was executed easily without resistance of any one. Mauritius 
† De hujus Martyris hono●…ibus apud Helvetios vide Guillemanum in veteri scripto de translatione sancti Justini in novam Corbeiam: Unde juxta fidem Chronicorum sub atrocissima & incomparabili illa decima post Neronem persecutione passum eum colligimus: quae & prioribus persecutionibus immanior, dum venerabilem multitudinem Martyrum coelis mitteret, inter quos etiam praecipuum S. Mauritii Collegium, & innocentiae speculum. De Thebaeis martyribus Brunsvicum translatis vide Crantz●…um Saxonicorum. 7. 16.  the chief of that legion, from whom Agaunum was afterward called Vicus Mauritii, at that time spoke thus to his fellow soldiers, as Eucherius Bishop of Lions hath related: How afraid was I, lest any one by way of defence (which is easy for armed men) should attempt by violence to save those blessed men from death? For the restraint whereof I was preparing the example of our Christ, who by the word of his own Command put up the drawn sword of his Apostle again into the sheath: showing, that the virtue of Christian confidence is greater than all arms; that none should oppose the mortal work with mortal hands, but faithfully accomplish his undertaken duty with a persevering religion. After this decimation, when the Emperor gave the same command to the survivors, they all answer thus: Caesar, we are indeed thy soldiers, and have taken arms for defence of the Roman Commonwealth: nor have we ever been runaways or traitors; nor deserved any mark of dishonour for our cowardice. And willingly should we obey these your commands, unless the laws of our Christianity did forbid us the worship of Devils, and their altars alwaye's polluted with blood. We see, it was your will, either to pollute Christians with sacrileges, or to terrify us by slaying every tenth man. You need not make any long search after us. Know that we are all Christians. You shall have all our bodies subject to your power: but our souls look up to Christ their Lord, and you shall not lay hold on them. Then Exuperius the Ensign-bearer of the Legion, is related to have spoken to them in this manner: My right valiant fellow-soldiers, you perceive I carry the ensign of secular war: but I provoke you not to these arms; I call not your virtue and courage forth to these wars: Another kind of fight is to be chosen by you. You cannot, by these swords, attain unto the heavenly Kingdom. Afterward, he desires these words should be reported to the Emperor: O Emperor, desperation, which is most valorous in dangers, hath not armed us against thee. Behold, 
† Similia sunt illa Judaeorum Alexandrinorum ad Flaccum: Inermes sumus, ut vides. Et tamen sunt qui nos tanquam hostes publicos hic criminantur. Etiam tas quas ad nostri tutelam partes dedit natura retro vertimus, ubi nibil habent quod agant. Corpora praebemus nuda ac patientia ad impetum earum qui nos volent occidere.  we have weapons in our hands, yet do we not resist: because we had rather die, than overcome; and perish innocent, than live rebell●…. And again; We throw down our arms: thy officer shall find our hands without weapons; but our heart armed with the Catholic faith. After this follows the slaughter of them not resisting: in the narration whereof, these are the words of Eucherius 
* Ne justi punirentur multitudo non obtinuit: cum multum (male editur, mulrotum) esse soleat quod multitudo deliuquit. , The multitude availed not to free the just from punishment: albeit the crime is wont to go unpunished, when the multitude is the delinquent. In the old Martyrology the same thing is related on this wise. They were promiscuously slain with swords; without contradiction: yea, their arms being laid down, they offered their throats to the persecutors, or their uncovered body; neither provoked by their own multitude, nor by the motion of arms, to endeavour to assert the cause of righteousness by the sword; but, mindful of this alone, that they confessed him, who not reclaiming was led to the slaughter, and as a lamb opened not his mouth; They also, as a flock of the Lords sheep, suffered themselves to be torn in pieces, as it were by wolves running on them. 
† Vide excerpta ex Joanne Antiocheno, ex MS. lib. viri aeterna memoria dignissimi Nicolai Peiresii.  Valens impiously and cruelly raged against them, who according to the holy Scripture and the tradition of the Father's professed 
* The identity of nature of the Father and Son. 1 Pet. 2. 21.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, who, although a very great number, never defended themselves by force. Certainly, where patience is prescribed us, we see the example of Christ is oft brought in, and even now we heard it alleged by the Thebaean soldiers, as an example to be imitated by us; the example I say of Christ, whose patience extended itself even to the Death. And he 
Mat. 10. 39 Lu. 9 34.  that so loseth his life is truly pronounced by Christ to have saved it.   

LXXII. In what cases force it lawful against a Prince.  
WE have said, Resistance is not lawful against the highest powers. Now, lest the Reader think, they offend against this rule, who indeed offend not, we must add some advertisements. First then, Princes that are under the people, whether from the beginning they received such power, or afterward it was so agreed, as at Lacedaemon, 
† Plutarch Lysandro: Spartiatae regem ad capitis judicium vocarunt, quod ille declinans fugit Tegeam. Idem Silvius: Quibusdam regibus Spartiatae regnum ademerunt, ut ineptis regno, quip abjectis nihilique hominibus. De Agide injust, sed damnato tamen, vide cundem Plutarchum. Mosynaeciregem media puniebant. Mela lib. 2.  if they offend against the Laws, and the Commonwealth, may not only be repelled by force, but, if need require, punished with death: which befell Pausanias' King of the Lacedæmonians. And, sith the most ancient Kingdoms through Italy were of this kind, it is no wonder, if, after the relation of most cruel things done by Mezentius, Virgil adds: Then all Etruria flamed with ajustire: 
† Et aruspex Etruscus in Mezentium insurgent bus: — Quos justus in hostem Fert d●…r.  And call for the King's blood to quench the fire. Secondly, if a King, or any other hath abdicated his Empire, or manifestly accounts it as forsaken, after that time all things are lawful against him, as against private man. Yet is not he to be judged to desert his estate, who manageth it somewhat negligently. Thirdly, 'tis the opinion of 
* Lib. 4. c. 16.  Barclay, if the King alienate his Kingdom, or subject it to another, he forfeits it. I stop  
For such an act, if a Kingdom be conveyed by election or by successory law, is null: and therefore can have no effect of right. Whence also, concerning an Usufructuary, to whom we have compared such a King, it seems to me the truer opinion of Lawyers, that, if he 
Instit. de usus. §. fruitur. L. Usufr. D. de jure dotium.  yield his right to an extraneous person, his act is nothing. And, as to that, that the usufruit reverts to the Lord of the propriety, it is to be understood, in due time. But, if a King really attempt even to deliver up, or subject his Kingdom, I doubt not, he may be herein resisted. For, as we have distinguished afore, the Empire is different from the manner of holding it: which manner, the people may hinder from being changed; for that is not comprehended under the Empire. Hither you may fitly apply that of Seneca in a 
Lib. 2. contr. 9  case not unlike: Though a son must obey his father in all things, yet not in that, whereby he is made to be no father. Fourthly, the same Barclay saith, a Kingdom is lost, if the King be carried with a truly hostile mind to the destruction of the whole people 
† Paricausa tribunus plebis qui sit, ipso jure desinere esse talem, ingeniose desendit Gracchus, cujus verba digna lectu apud Platarchum. , which I grant. For, the will of ruling, and the will of destroying cannot consist together. Wherefore, he that professeth himself an enemy of all the people, thereby abdicates the Kingdom; but this seemeth scarce possible to happen in a King, that is himself, that rules over one people. It may happen, if he rule over more than one, that in favour of one people, he may will the ruin of another, to make Colonies there. Fiftly, if a Kingdom be committed; whether by felony against him whose Fee it is, or by a clause put in the very grant of the Empire, that, if the King 
† Vide de regno Arragoniae Marianam l. 8.  do so or so, the subjects be loosed from all bond of obedience; in this case also, the King falls back into a private person. Sixtly, if a King hath one part of the supreme power, the People or Senate the other part 
† Exemplum habes in Genuat. repub. apud Bezarum lib. 18. in Bohemia tempore Wences●…i historiae lib. 10. Add Azorium instit. moral. l. 10. c. 8. & Lambertum Scasnaburgensem de Henr. 4. , against the King invading that part which is not his, a just force may be opposed, because so far he hath no power. Which, I think, hath place, notwithstanding it be said, the power of war is in the King. For that's to be understood of foreign war: when otherwise, whosoever hath part of the supreme authority, cannot but have a right to defend that part. When this comes to pass, the King may also, by the Law of war, lose his part of the Empire. Seventhly, if in the conveyance of the Empire it be conditioned, that in a certain case 
* Exempla vide apud Thuanum hist. 131. in narratione anni 1604. & l. 133. in anno 1605. utrumque de Hungaria: apud Meierum narratione anni 1359. in Brahamia & Flandria. narratione anni 1468. in foedere inter Regem Galliae & Carolum Burgundum. Add de Polonia quae hobet Chytraeus Saxonicorum 24. & de Hungaria Bonsinius Decadis 4. libro 9  resistance may be made against the King, although it cannot be supposed, part of the Empire is thereby retained, yet is there retained some natural liberty, and exempted from the Regal power. And, he that alienateth his right, may abate of that right by covenant.   

LXXIII. How far we must obey an Invader of another's Empire.  
WE have considered him which hath, 
Vict. de potest. Civ. n. 23. Suarez de Legib. lib. 3. c. 10. num. 9 Lessius de just. & jurel. 2. c. 29. aub. 5. n. 73.  or had the right of governing. It remains that we speak of the Invader of Empire, not after by long possession or by covenant he hath gotten a right, but so long as there continues the cause of possessing it unjustly. And truly, whilst he is in possession, the acts of empire which he exerciseth, may have power to oblige, not out of his right, which is none, but from this, that it is most probable, He that hath the right of governing, whether people, King or Senate, had rather the Invaders commands should prevail and be of force, than utter confusion be brought in, the Laws and judgements taken away. Cicero condemns Sylla's Laws of cruelty to the sons of the proscribed, that they could not seek for honours: Nevertheless, he thought they were to be observed, affirming (as Quintilian tells us) the state of the City so to be contained in these 
Lib. 2. c. 1.  Laws, that it could not stand if they were dissolved. Florus of the same Sylla's acts: Lepidus went about to rescind the acts of so great a man, deservedly, if yet he could without great damage to the Commonwealth. And a little after: It was expedient for the sick and wounded Commonwealth to take some rest at any hand, lest the sores should be opened and bleed t●… much in the cure. Howbeit, in things 〈◊〉 so necessary, and which pertain to the establishing of the Invader in his unju●… possession, if without great danger obedience may be denied, it must not be given.   

LXXIV. Whether it be lawful to ●…d an Invader, or expel him by force? and in what Cases.  
TO this question we frame this answer. First, if the Invador, by unjust war, and such as hath not the requisits according to the Law of Nations, hath seized on the government; nor hath there followed any agreement, or faith given him, but his possession is kept only by force; in this case. the right of war seemeth to remain, and therefore it is lawful to act against him as against an enemy, that may lawfully be slain by any, even by a private man. Against Traitors, said Tertullian, 
Apolog. 9 c. quando liceat. lib. 2. In reos Majistatis & publicos hostes omnis homo miles.  and public enemies, every man's a soldier. So also, against desertors of the war that run from their colours, all persons, for the common quiet, have a right indulged to them to execute public revenge. And I am of Plutarch's 
* Qui ita sentit ib. de sato ad Pisonem.  opinion, that the same is lawful, if, before the invasion, a public Law were extant, giving power to every one to kill him, that shall adventure to do this or that, which falls under sight; as, that being a private man shall get a guard about him, or shall invade the Fort; that shall slay a Citizen uncondemned, or not by lawful judgement; that shall create magistrates without just suffrages. Many such Laws were extant in the Cities of Greece, in which therefore the kill of such Tyrants was to be esteemed Lawful. Such was at Athens the Law of Solon revived after the return out of the Piraeeum, against the overthrowers of the popular State, and such as had born offices after the overthrow of it. As also at Rome the Valerian 
* Plutarch Publicola. Vt injudicatum occidere eum liceret qui dominatum concupisceret. Mox addit: Solon ei qui dominatum invadit deprehenso diem dici vult. at Publicola etiam ante judicium talem permittit interfici. 2 Chron. 2●….  Law, if any one without the people's will should take the authority of a Magistrate: and the Consular Law after the Decemvirate, that none should create a Magistrate without appeal; whosoever had done so, it should be lawful to kill him. Moreover, it will be lawful to kill the Invader, by the express authority of the rightful Governor, whether King, Senate or People: As also, of the Protectors of Children that are Kings, such as Jo●…ada was to Joas, when he dethroned Athalia. Unless in these cases, I cannot yield it lawful for a private person by force to eupell or kill an Invader of the highest power. The reason is, because it may be, the rightful Governor had rather the Invader should be left in possession, than occasion given to dangerous and bloody Commotions, that do usually follow upon the violating or slaying of those men, who have a strong faction among the people, or foreign confederates also. Surely it is uncertain, whether a King or people be willing the State should be so endangered: and, without know●…ege of their w●…l, the force cannot be just. Favonius said: Civil war is worse than unlan full and usurped Government. And Cicero: 
† Mihi pax omni cum civibus bello civili utilior videtur. C●…c. Liv. l. 34  To me any peace with our Countrymen seemeth more profitable than Civil war. Better it had been, said Titus Quintius, the Tyrant Nabis had been let alone at Lacedaemon 
* Quod P●…tarchus in T. Quintii vita sic expl cat: Cum vide●…t ct sine gram altorum Laconum malo con posse tyrannum desicui. Non alienum est ab hac re quod Plutarchus refert, Laconem quendam cum legisset, Hos, dum Marte parant dominatum extinguere, saevus Ante Selinunti ●…oenia Mars rap●…it: Respond sse. Mento viri illi pe●…re. Exspectare enim debuerant ut ipse per se domina sus conflagraret. , when he could not otherwise be thrown down, but with the grievous ruin of the Commonwealth, likely to perish in the vindication of her liberty. To the same purpose is that of Arist●…hanes, A Lion is not to be bred in a City; but if he be brought up, he must be kept. Verily, seeing it is a most weighty deliberation, whether peace or liberty be to be preferred, as Tacitus speaks; and, in Cicero's opinion, it is a politic question of greatest difficulty, Whether, when our Country is oppressed by an Usurper, all endeavour is to be used against him, although the Commonwealth be thereby extremely endangered; Single persons ought not to arrogate unto themselves that judgement which belongs to the people in common. Nor can that saying be approved.  

* Detrahimus Dominos urbi servire●… paratae.  We pull the proud Usurpers down,  
That Lord it o'er the willing Town 
† Plutaich Catone Maj de Antiocho Magno. Bello praetextum sumebat, liberare Graecbs l●…bertatis non egentes. .  
So did Sylla answer, being asked why he troubled his Country with taking arms: 
* Appian. civ. 1.  That I may free it from tyrants. Better is the advice of Plato, 
* Cujus verba Lati e sic posuit Cic. ep. fam. l. 1. Tantum contendire in rep. quantum probare tu●… civibus possis: vim neque parenti, neque patriae ●…fferri o●…ortere.  in an Epistle of his to Perdicca; In the Commonwealth, contend so far as thou canst approve thy doings to thy Citizens; it is not fit to offer violence, neither to thy parent, nor to thy country. The sense whereof is extant in Sallust 
* Bell. Jugurth.  too: For to overrule thy country or thy parents, although thou art able, and canst reform what is amiss, yet is it uncivil; especially, seeing all changes in affairs of state portend slaughter, flight, and other hostilities. Thomas 
* 2. 2. Qu. 42. art. 2.  saith, The destruction, though of a tyrannical Government, is sometimes seditious 
† Huc & Ambrosii illud non male referas: Adjuvat hoc quoque ad prosectum bonae existimationis si de potentis manibus eripias inopem, de morte damnatum eruas, quantum sine confusione fieri potest; ne videamur jactantiae magis facere causa, quam misericordiae; & graviora inferre vulnera, dum minoribus mederi desideromus. De office 2. c. 2. Non long abit illud Stallii apud Plutarchum in vita Bruti: Aequum non esse ut vir prudens ac sapiens improborum & desipientium causa in pericula & turbas se conjiciat. Jud. 3. 15. Nehem. 9 27. . The fact of Ehud upon Eglon King of Moab ought not to bring us over to the contrary side: for the sacred Scripture plainly witnesseth, He was raised by God himself, and sent as an Avenger, to wit, by special command. And besides, it is not manifest, that this King of Moab had not some right of Government conditional. Against other Kings also God executed his judgements by what hand he pleased, as by Jehu upon Joram. Lastly, 
2. Reg. 9  it is to be noted, in a controverted case, a private man by no means ought to take upon himself to judge, but follow the possession. So did Christ command tribute to be paid to Caesar, because the Money 
Mat. 22. 20.  bore his Image; that is, because he was in possession of the Empire.   

LXXV. Who may lawfully wage war.  
AS in other things, so in voluntary actions there are wont to be three kinds of efficient causes, principal, adjuvant, and instrumental. In war, the principal is he, whose work is done; in private, a private person; in public, the public power, especially the highest. Whether, for those that stir not themselves, war may be raised by another, we shall see elsewhere. Mean while, this we take for certain, naturally every one may vindicate his own right. Therefore were our hands given us. But, to profit another in 
L. servus. D. de seru. export. Cic. l. 2. Offic. ex Panetio. DD. ad leg. si quis in servitutem. D. de su●…. l. prohib. c. de jure fisci.  what we can, is not only lawful but commendable. The writers of Offices truly say, Nothing is more serviceable to man, than another man. Now, there are divers bonds between men, which engage them to mutual aid. For kinsmen assemble to bring help, and neighbours are called upon, and fellow-citizens 
* Unde illud, Porro Quirites, & quiritari. . Aristotle said 
* Rhet. ad Alex. e. 3. , It behoveth every one, either to take arms for himself, if he hath received injury, or for his kindred, or for his benefactors, 
Bart. in l. Ut vim. D. de justi●. & jure n. 7. & 8. Jason ibid. n. 29 Panor. n. 18. Sylvest. in ver. Bellum. q. 8.  or to help his fellows, if they be wronged. And Solon taught, that the Commonwealths would be happy, wherein every one would think another's injuries to be his 
† Plutarch refert: Civ tatum illa felicissi●è colitur, in qua qui injuriam non sensere, & qui sensere se opponunt, & injuriam caeptantes puniunt. . But, suppose other obligations be wanting, the communion of humane nature is sufficient. No man is unconcerned in that which is humane.  

* M●nandri dictum est: 
Injuriarum si improbis auctoribus  
Reponeremus ultionem singuli,  
Nobis putantes fieri quod fit alteri,  
Inter nos juncti conspiratis viribus;  
Non praevaleret innocentia impetus  
Audax malorum, qui custoditi undique  
Jussique paenas quas merentur pendero,  
Aut nulli penitus essent, aut pauci admodum?   It is a saying of Democritus: Our duty is, to defend the oppressed with injury, and not neglect them: for that is just and good. Which is thus explained by Lactantius: 
Lib. 6.  God, who hath not given wisdom to other living creatures, hath secured them by natural muniments from assault and peril. But to man, because he form him naked and frail, that he might rather furnish him with wisdom, he hath given, beside other things, this pious affection, whereby one is inclined to defend, love, cherish another, and afford mutual aid against all dangers. When we speak of Instruments, we do not here understand 
L. cum Cumus. C. de agricolis, lib. 11.  arms, and such like things, but those persons, who act so by their own will, that their will depends upon another will. 
Arist. l. 5. de moribus. cap. 10. L. Gracch. cap. de adul. Sen. 1. cont. 4. Thom. 2. 2. 40. art. 2. Sylvest. de bello p. 3.  Such an instrument is the son to the father, being naturally a part of him: such also is a servant, as it were a part legally. Democritus: Use servants as parts of the body, some for one thing, some for another. Now, as a servant is in the family, so is a subject in the Commonwealth; and therefore an instrument of the Ruler. And, no doubt, all subjects naturally may be used for war, but some are exempted by special Law: as of old servants 
* Servius ad 9 Aen.  at Rome, now in most places Clerks 
† Ac Levitae olim extra belli munia, ut notatum Josepho. De Clericis vide Nicetam Chro●iatem lib. 6. Caroli Calvi capitulum in Sparnaco 37. in Gratiano c. clericum. dist. 5. & causa 23. qu. 8. Et Canon's quidem sic habent: sed quanto illi servati à Graecis quam à Latinis diligentiùs, vide Annam Comnenam. : which Law yet, as all of that kind, is to be understood with exception of extreme necessity. And so much be spoken generally concerning Adjutors and subjects: the specials shall be considered in their proper places.   
The end of the first Part.   

HUGO GROTIUS OF WAR AND PEACE.  
II. PART.  

I. What are called justifick causes of War. 
Ex l. 2. c. 1.   
LEt us come to the Causes of Wars; I mean justifick: for there are also other which move under the notion of profitable, distinct sometimes from those that move under the notion of just: which Polybius accuratly distinguisheth one from 
3. Hist.  the other, and both from the Beginnings 
* Exordit puguae, dixit Virgilius.  of war, such as the Stagg in the war of Turnus and Aeneas. But although the difference 'twixt these is manifest, yet the words are wont to be confounded. For, the causes which we call justifick, 
* Lib. 45.  Li●… in the Rhodians speech hath also called Beginnings: 
* Certè vix ulla gens tam diu constans mansit in spect ●…dis belli causis. Polybius apud Suidam, voce 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Rome ●…ni summopere id curarunt, ne priores ipsi finitimis inferrent violentas manus. Sed ut semper crederentur in hostem ire ad arrendas injurias. Ostendit id Dion egregia comparatione Romanorum cum Philippo Macedon & Antiocho in excerptis Peiresianis. In quibns est, Valde id student Romani justa ut bella sus●…iant, nihilque tale decernant sine causa ac temere.  Certainly ye are the Romans, who pretend that your wars are therefore prosperous, because they are just; nor do ye so much glory in the event of them, that you overcome, as in the beginnings, that you undertake them m●… without cause. 
* Eodem sensu 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dixit Aelianus: & Didorus Siculus, l. 14. easdem vocat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dixit Procopius Gotth. 3. Dion. Halic. l. 8. Olynth. 2.  Those justifick causes properly belong to our argument: whereto is pertinent that of Coriolanus in Halicarnass●…nsis: I suppose, it ought to be your first care, that you take a pious and just cause of war 
† Lib. 12. . And this of Demosthenes; As in houses, ships, and other buildings, the lowest parts ought to be most firm: so in actions, the causes and foundations 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sic & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 belli dixit Julianus 2. de laudibus Constantii  must be true and ●…ust. To the same purpose is that of Dio Cassius; 
† Lib. 12.  We ought to have greatest regard of justice; if this be preseut, the war is hopeful; if not, there is nothing certain to any one, though he have success at first according to his mind. And that of Cicero 
* De Repub. l. 3. ; Those wars are unjust, which are undertaken without cause: who elsewhere reprehends Crassus for passing o'er Euphrates, when there was no 
† Appianus eidem Crasso à Tribunis denunciatum diclt; ne bellum Parthis inferrec nulla injuria cognitis. Plutarch de codem: Coiba●… multi indignantes esse aliquem qui bellatum iret in homines non modo nullius injuriae compertos, sed & pace defens●…. Epist. 96.  cause of war. Which is no less true of public, than of private wars. Hence is that complaint of * Seneca: Do we restrain homicides and single slaughters? Why do we not restrain wars, and that glorious wickedness of slaughtering Nations? Avarice and cruelty know no bounds. By the Decrees of Senate and people outrages are done, and things piivately forbidden are 
† Idem Seneca de ira 2. c. 8. Progloria habita, quae, quandin opprimi possunt, sceler●… sunt.  publicly commanded. Wars, I grant, undertaken by public authority, have some effects of Law, as also Sentences: of which here after: but they are not therefore the less blamable, if there be no cause. So that Alexander, if without cause he warred upon the Persians and other nations, is, by the Scythians in Curtius, and by Seneca too, deservedly called a Robber 
† Locus est de Benef. 1. c. 13. Non male Just. Ma●…tyr Apolog. 2. Tantum possunt Principes qui opiniones vero praeserunt, quantum in solitudine latrones. Philo: Qui magna furta committunt, qui honesto principatus nomine obumbrant ea quae reipsa nihil nisi latrocinia sunt. , by Lucan a Spoiler, and by the Indian wisemen unjust 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arrian. lib. 7. , and by a certain pirate was drawn into the society of his crime. And likewise Justin relates, that two Kings of Thrace were spoilt of their Kingdom by his Father Philip, by the fraud and wickedness of a Robber. That of Augustin 
* De Civ. Dei. l. 4. c. 4. Remota justitiâ, quid sunt regnanisi magna latrocinia.  is to the same purpose, Take away Justice, and what are Kingdoms but great Robberies? To such agrees that of Lanctantius: Deceived with the show of vain glory, they colour their wickedness with the name of virtue 
† Lib. 1. de salsa relig. De Civit. 4. . Just cause of taking Arms can be no other, than injury. The iniquity of the adverse party brings in just wars, saith the same Augustin; where by iniquity 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . he means injury 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . So in the form of words used by the Roman Herald; I call you to witness, that people is 
Sylu. de bell. c. 1. n. 2.  unjust, and doth not perform what is right. 
* Ego Vos testor, populum illum injustum esse, neque jus persolvere.    

II. Three just causes of Wars.  
THere are, according to most Authors, these three just causes of wars, Defense, Recovery, Revenge 
† Camillus ad Gallos', Liv. l. 5. Omniae quae defendi, repetique & ulcisci fas sit. . In which enumeration, unless the word Recovery be taken more largely, is omitted the prosecution of that which is due to us: which Plato 
* Alcibi●…de.  omitted not, when he said, Wars are waged, not only if one be oppressed by force, or robbed, but also if one by deceived. With whom agrees that of Seneca 
* Lib. 3. de benes. c. 14. , It is a most equal word, and conformable to the Law of Nations, Render what thou owest. And in the Herald's formula it was: They have not given, nor paid, nor done the things they should. And in Sallust, By the law of Nations 
Liv. lib. 1. In Historiis.  I demand those things. Augustin, when he said, Just wars 
* Servius ad 9 Aen. de Romans: cum volebant bellum indicere, Pater patratus, h. c. Princeps Fecialium, proficiscebatur ad hostium fines, & praefatus anaedam solemnia, clara vo●… dicebat, se bellum indicere propter certas causas: aut quia socios laeserant, aut quia nec abrepta animalia, nec obnoxios redderent.  are those, that 
Lib. 6. q. 10. super Josue.  revenge insuries, took the word revenge more generally for to take away: as the following words do show, wherein is not an enumeration of parts, but an addition of examples: So is a nation or commonwealth to be opposed, which hath either neglected to avenge what was done wickedly by their men, or to render what was injuriously taken. Upon this natural knowledge the Indian King, as Diodorus relates, accused Semiramis, that she began a war, having received no injury. And so do the Romans 
† Liv. l. 5. Apodict. 2. c. 2.  require of the Senones, not to fight against them, that had done them no wrong. Aristotle saith: (Men war upon such as have provoked them by injury: and 
* Lib. 12.  Curtius of certain Scythians, They were manifestly the most just of all the Barbarians: they took not arms, unless they were provoked 
† Plutarch Nicia: Herculem etiam cuncta sub●…gisse, dum lacessitus se defendit. Josep●…us 17. antiquae hist. Quin id veniunt ut in nihil bestile cogitan●…es violentas inserant manus, high sunt, qui invitos cogunt ad arma semet tutatura confugere. .   

III. War is lawful in defence of life; only against an assail●…nt: and in present certain danger.  
THe first cause of just war is Injury not yet done, but offered either against Body or Goods. If the Body be assaulted by present force, with peril of life, not otherwise avoidable 
* Sylu. in verbo Bellu●…, p. 1. n. 3. & p. 2. P. 1. n. 36. , in this case war is lawful, even with the slaying of him that brings the danger; as we have said afore, when by this instance, as mo●… approved, we showed that some private war may be just. 'tis to be noted, this right of defence, by itself and primarily, springs from hence, that nature commends every one unto himself, not from the injustice or sin of the other, from whom the danger is 
* Bartol. ad leg. ut vim. D. de just. & jure. Bal. in rep. l. 1. c. unde vi. . Wherefore although he be without fault, as one that warreth faithfully, or thinketh me other than I am, or is beside himself, or affrighted, as to some hath happened, hereby is not taken away the right of self-defense: it sufficeth, that I am not bound to suffer what he offereth, no more than if another man's beast did threaten me with the danger. Whether also innocent persons, who being interposed hinder my defence or flight, without which death cannot be escaped, may be slain, is questioned. Some, even Divines, there are, that think it lawful. And surely, if we respect nature 
Cajet. 2. 2. art. 6 7. q. 2.  alone, with her the respect of society is much less, than the care of proper safety. But the law of Charity, especially the Evangelicall, which equals another to ourselves, plainly permits it not. That saying of Thomas, if it be rightly 
2. 2. q. 64. art. 1.  taken, is true: In a true defence a man is not slain on purpose: not that it is not lawful sometimes, if there be no other means of safety, to do that on purpose whence the death of the assailant will follow, but that in this case that death is not chosen as a thing primarily intended, as in judicial punishment, but as the only thing remaining at that time; when he that is assaulted, even at that time, aught to desire rather to do somewhat whereby the other may be terrified or weakened, than destroyed. Present 
* Hujus distinctioni, usum egregum vide apud Agathium lib. 4. Apud Thucyd. 8. Phrynichus: Cariturum invidia si ipse jam in vitae per ipsos adductus periculum, & hoc & aliud quidvis aggrediatur potius, quam ab hominibus inimicissimis perdi se sinat.  danger is here required, and as it were in a point. I confess, if the assailant draw his sword, and so that it appears he doth it with a mind to kill, it is lawful to prevent him: For in morals, as in naturals, a point is not found without some latitude. Nevertheless are they deceived and do deceive, who admit of any fear whatsoever, as a just occasion of such preventing. For it is well observed by 
† Offic. 1.  Cicero, Very many injuries proceed from fear, when he that thinks to hurt another feareth, unless he do it, himself shall receive hurt. Clearchus in Xenophon: Many have I known, drawn either by calumny or suspicion, whilst they fear others, and had rather prevent than suffer, to have done much evil to those, that attempted not, nor so much as thought any such thing against them. Cato in his Oration for the Rhodians: What, saith he, shall we first execute, that which we say they designed? Cicero 
* Citat Quintil. lib. 5. Insignis est illa apud Gellium sententia: Gladia'ori composito ad pugnandum, pugnae haec proposita sors est, aut occidere si occupaverit, aut occumbere si ussa, verit. Hominum autem vita non tam inequis neque tam indomitis necessitatib●… circumscripta est, ut ideirco prior injuriam facere debeas, quam nis●…seceris, pati passis. Locum hic habe illud Euripidis.  again: Who ever made this Statute, or to whom 

Te si, ut ais, interficere vir voluit tuus,  
Voluisse sat erat & tibi, ubi tempus solet.   may it be granted without extreme hazard of all, that one might lawfully kill him first, of whom he saith we was afraid, left himself should afterward be killed? Pertinent is that of 
Lib. 1. Lib. 3.  Thucydides: The future is yet uncertain: nor ought any one therefore to make a quarrel present and certain. The same Author, where he declareth the hurt of Sedition among the Grecian Cities, sets down this for one fault: He was praised, that first did, what another was about to commit 
† Livius lib. 3. Cavendo ue metuant homines, metuendos ultro se efficiunt, & injuriam à nobis repulsam, tanquam aut facere aut pati necesse sit, injungimus aliis. As Caesav, who when he seized on the Common. wealth, said he was forced to 〈◊〉 by fear of his adversaries. 〈◊〉 an excellent passage in Appian, civil●… 3. . To such agrees that saying of Vibius Crispus cited by Quintilian, 
* Quis tibi sic timere permisit?  Who permitted thee to be so fearful? And Livia in Dio 
* Lib. 55.  saith, They escape not infamy, that by way of prevention do the evil which they fear. Now, if any one offer not present force, but be found to have conspired or lain in wait, if to prepare poison, if to plot a false accusation, to suborn witnesses, to corrupt judgement, such a one, I say, cannot be justly slain: if either the danger may be otherwise avoided; or it be not certain enough, it cannot be otherwise avoided. For, for the most part, the delay of time interposed affords many remedies, and many accidents for our rescue; according to the Proverb, 
† Inter os & ossam. Bann. q. 〈◊〉. art. 7. dub. 4. Bald. in l. mul●…. C. de lib. cius. Lesle. lib. 2. c. 9 dub. 8. Covarruv. p. 3. s. 1. n. 2.  Between the cup and the lip. Yet there are not wanting both Divines and Lawyers that extend their indulgence farther. But the other also, which is the better and safer way, wanteth not the consent of Authors.   

IV. Of the loss of a member, and the defence of chastity.  
WHat shall we say of the danger of mutilation, and loss of some part of the body? Certainly, the loss of a member, especially one very needful, being very grievous, and as it were equiparable to life; besides, it being hard to know, whether it draw not after it peril of death; if there be no other way to come off, I may suppose the author of such a peril forefeits his own life, and may be justly slain by the defendant. In defence of Chastity, it can scarce be doubted but the same is lawful: when both common estimation, and the divine law too, equals chastity to life 
† Seneca de benef. 1. c. 11. Proxima ab his sunt sine quibus possumus quidem vivere, sed ut mors po●…ior sit, tanquam libertas & pudicitia & mens bona. Paulus sententiarum 5. t. 23. Qui latronem caedem sibi inserentem, vel alium quemlibet stuprum inferentem occiderit, puniri non placuit. Alius enim vitam, alius pudorem publico facinore defendit. Augustin. l. 1. de lib. arbit. Lex dat potestatem vel viatori ut latronem, ne ab eo ipse occidatur, occidat; vel cui●…iam viro aut faeminae, ut violenter sibi stupratorem irruentem, aut post illatum stuprum, si possit, inte●…imet.  Therefore Paulus the Lawyer said such a defence is right. We have an example in Cicero 
* Vide & Plutarchum Mario. Mars quoque deorum judicio absolutus dicitur interfecto eo qui filiae ipsius stuprum inferebat. Testis Apollodorus biblioth. 3. Add insignem historiam apud Greg. Turonensem lib. 9  and Quintilian, of a Tribune of Marius slain by a Soldier. Yea, and women have often slain the in vaders of their modesty, as histories relate. Chariclea in Heliodorus calls such an act, a just revenge on behalf of injured chastity.   

V. Defense may lawfully be omitted.  
WHat we have said afore, although it be lawful to kill him that attempts to kill, yet he doth more commendably who had rather be killed than kill; some do grant, so, that they except a person profitable to many: But, to me it seemeth unsafe, to impose this Law contrary to Patience upon all, in whose life others are concerned. Wherefore I may conceive it is to be restrained to them whose office 'tis to keep off force from others; such as are the companions in a journey undertaken on those terms, and public Rulers, to whom that of Lucan may be applied:  

* 
Cum tot ab hac anima populorum vita salusque  
Pendeat, & tantus caput hoc sibi fecerit orb's,  
Saevitia est voluiste mori.——  Curtius lib. 10. Sed cum tam avidè manifestis periculis offeras corpus, oblitus tot civium animas trabere te in casum.  'twas cruelty to yield himself to death,  
So many thousands living by his breath.   

VI Defense is unlawful sometimes against a person very profitable to the Public.  
ON the contrary it may happen, that, because the Invader's life is profitable to many, he cannot be slain without sin: nor that only by force of Divine Law, whether old or new (of which afore, when we showed the King's person to be sacred) but by the very Law of Nature. For the Right of nature, as it signifies a Law, doth not only respect those things which are dictated by that Justice that is called Expletrix 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot●…li, nimis acclo vocabulo: itaque 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 idem seliciùs dixil. , but containeth in itself the acts of other virtues also, as of Temperance, Fortitude, Prudence; as being, in certain circumstances, not only honest, but due. Now, to that which we have spoken Charity obligeth us. Nor doth Vasquez remove me from 
Lib. 1. controv. illust. 18.  this opinion, when he saith, a Prince who assaulteth an innocent person, ceaseth to be a Prince in that very act: than which, scarce any thing could be spoken, either less truly, or more dangerously. For, as dominions, so also Empires are not lost by delinquency, unless the Law ordain it. But, no where is found a Law ordaining this concerning Empires, that they should be lost by an offence against a private man; nor will ever such a Law be found, as I believe; for it would bring in very great confusion of things. As to that foundation which Vasquez lays for this and many other Conclusions, That all Empires regard the utility of those that obey, not of those that govern; grant it were universally true, it would not serve the turn: for the thing doth not presently fail, whose utility in some part faileth. And whereas he adds, that the safety of the Commonwealth is desired by every one for his own sake, and therefore every one ought to prefer his own safety even before the whole; this doth not sufficiently cohere. 'tis true indeed, for our own sake we would have the Commonwealth be safe: but not only for our own sake; others are: also to be regarded. For, it is a false opinion, and rejected by the sounder Philosophers, to think that Friendship is born of indigence alone 
† Resutat pernitiosam haue opinionem Seneca lib. 1. de Clem. c. 1. & lib. 4. c. 16. , sith of our own accord and by nature we are carried to it. Now, that I should prefer the good of a great many before my own proper good, Charity adviseth often, sometimes commandeth. Here is pertinent that of Seneca 
* Lib. 1. de Clem. c. 1. : Princes and Kings, and whosoever by any other name are Tutors of the public State, no wonder They are beloved, even above all private Relations. For, if to men of sound judgement public things are dearer than private, it follows, that he be dearer also, on whom the public affairs depend. Ambrose 
* De Offic. l. 3. cap. 3. : Every one thinks it better to keep off destruction from his Country, than 
Lib. 6. de Benef. c. 37.  danger from himself. The foresaid Seneca●…: Calistratus and Rutilius, the one at 
† Plutarch Pelop●…dae init'o: Primum virtutis opus servare servantem caetera. Cassiodorus de Amicitia: Si manus oculorum obsequio vibratum in aliud membrum senserit gladium imminentem, ipsa suum minimè discrimen attendens, plus alii quam sibi tim●…s, gladium excipit. Post: Proinde qui morte propria dominos suos à morte redimunt, rectè quidem hoc faciunt, si potius salutem animae suae quam liberationem alieni corporis in causa constituunt. Cum enim eis conscientia dictet, quod sidem dominis suis debeant exhibere, videtur etiam consonum rationi; quod suae vitae corporali vitam dominorum debeant anteferre. Deinde rursus: Dilectione itaque, & maximè pro salute multorum, potest quis salubriter morti suum corpus exponcre.  Athens, the other at Rome, would not be restored to their home, at peril of the Commonwealth: because it was better these two should endure one private loss, than all suffer a common evil.   

VII. It is not lawful to kill another for to avoid a box on the car, or the like disgrace.  
IF one be in danger to receive a blow on the cheek, or the like, 
* Navar. c. 15. n. 3. Soto lib. 5. q. 1. Sylvest. in verbo homicidium 1. qu. 5.  some are of opinion, he also hath a right to defend it by the slaughter of his enemy. I descent not, if we respect only expletory justice. For, although death and a blow are unequal, yet he which prepares to do me an injury, thereby gives me a right, i. e. a certain moral faculty 
† Apollodorus lib. 2. de Lino agens: Ad Thebas cum venisset, civisque Thebanus factus esset, ibi interim ab Hercule percuss●…s cithara. Nam cum Linus feriisset Herculem, tratus Hercules mortem ei intulit, reusque à nonnullis factus patratae caedis, legit in judicio legem Rhadamanthi, qua insens pronuntiatur, si quis nocuerit ci qui utm prior intulerit.  against himself in infinitum, in so much as otherwise I cannot keep off that evil from me. Charity also, by itself, seems not to bind us here, in favour of the offender. But the Evangelicall Law hath clearly made such a deed unlawful. For, Christ commands a blow to be received rather than any hurt be done the adversary; how much more forbids he him to be slain for to avoid a blow? By which example we are admonished to beware of that saying of Covarruvias, Humane 
Covar. p. 3. sect. 1. de Homicide.  understanding, not ignorant of natural right, allows not any thing to be permitted by natural reason, which very thing is not also permitted by God, who is Nature itself. For, God who is the Author of Nature, so, that he can also work freely above nature, hath a right of prescribing us Laws even of those things, which by their own nature are free and indefinite: and much more, that a thing may be due, which is by nature honest, though not due. But it is strange, seeing the will of God appears so manifestly in the Gospel, that there are found Divines, and those Christian Divines, who do not 
Navar. cap. 15. 4. Henr. de ir●…gul. c. 11. Victor de jure belli n. 5.  only think slaughter to be rightly admitted, that a blow may be avoided; but also after a blow received, if he that gave it fly; for a reparation of honour, as they say. Which to me seemeth very contrary to Reason and Religion. For, Honour is an opinion of excellency. But, he that beareth such an injury, shows himself excellently patient: and therefore hath increase of honour rather than diminution. Nor is it material, if some men of a corrupt judgement traduce this virtue with names made for disgrace: for those perverse judgements neither change the thing, nor the estimation of it. Neither did the ancient Christians only see this, but the Philosophers too, who said, It is a token of a weak spirit not to be able to bear contumely, as we have showed elsewhere. Hence also it is apparent, how unsound that is, which very many Authors 
* Dd. in l. ut vim. D. de just. & jure Sylu. in verbo Bellum, p. 2. n. 4.  say, That Defense with slaughter is lawful, to wit, by divine Law (for I contend not about the right of nature:) although one may fly without peril; because flight forsooth is dishonourable, especially for a Gentleman. But, here is indeed no dishonour; only a certain false opinion of dishonour, to be despised by all the Followers of virtue and wisdom. Wherein, I rejoice that I have, among the Lawyers, Carolus Molinaeus 
* In addit ad Alex. cons. 119.  of the same mind with me. What I have said of a blow and of flight, I desire should be understood of other things by which true honour and existimation is not lessened. And what if one should report that of us, which being believed among good men would touch our Name? He also may be kilied, say some 
† Petr. Navar. l. 2. c. 3. n. 376. : very falsely, and against the Law, even of nature too. For that is no fit way to defend our Reputation.   

VIII. In defence of Goods, to kill a man is not unlawful by the Right of nature,  
COme we now to the injuries whereby our goods are invaded. If we respect expletory of Justice, I will not deny, but for the conservation of our goods, the Invader, if need be, may be slain: For, the inequality between these things and life, is made up by favour to the innocent, and by hatred to the injurious. Whence it follows, if we regard only that right, that a Thief running away with stolen goods, if they cannot otherwise be recovered, may be overtaken with a Gun, or other weapon. Demosthe●…es 
* Oratione in Aristocratem.  said: It is very hard and unjust, and contrary both to the written Laws, and the common rules amongst men, not to be suffered to use force against him, who in hostile manner hath taken away my Goods. Nor doth Charity hinder by way of precept, the Law divine and humane set aside, unless the thing be of very small value, and therefore contemptible: which exception some do rightly add.   

IX. How far the same is permitted by the Law of Moses.  
LEt us see what is the meaning of the Hebrew Law, where with agrees also that old Law of Solon, which Demosthenes 
* Adversus Timocratem.  mentioneth, and the Law of the XII. Tables 
* Addi potest lex wisigotthorum l. 7. t. 1. c. 15. Et Capitulare Caroli M. l. 5. c. 191. Lege Longobarda, qui noctu alienam cortem ingreditur, nisi ligandum se praebeat, eccidi potest.  taken thence, and Plato's decree in the ninth of his Laws. For all those Laws meet in this, that they distinguish a Thief by night from a Thief by day. About the reason of the Law, there is the question. Some 
† Lessius dub. 11. num. 68  think this is it, that by night he cannot be discerned who comes, whether he be a Thief or a Murderer: and therefore may be killed as a Murderer. Others 
* Covarruv. d. loco.  conceive the difference lies here, that in the night, because the Thief is unknown, there is less possibility to recover the Goods. To me the Lawgiver seems to have properly respected, neither this, nor that; but to have meant thus rather, that no man, for Goods, aught directly to be slain: (which would be done, if, for ex-example, I should with a weapon knock him down as he runs away, that after he is slain I might recover my Goods:) but if myself be brought into danger of life, than it is lawful for me to avert the danger, even with the peril of another man's life. Nor is it against me, that I brought myself into that hazard, whilst I desire to keep or to recover my Goods, or to take the Thief: for herein no blame can be laid on me, who am about a lawful act, and do no injury to any one, but use my own right. The difference then 'twixt a Thief by day and by night lies here, that by night there is scarce at possibility of calling witnesses: and the●…fore if the Thief be found slain, more easy credit is given to him, who saith he was necessitated in defence of his own life to kill the Thief, being armed with some weapon, wherewith he might do hurt. For, that is required in the Hebrew Law, speaking of a Thief found 
Exod. 22. 2.  breaking up, as some translate; others perhaps better, 
* Cum perfossorio instrumento.  with an instrument to break up, as the word is rendered elsewhere by the most learned of the Hebrews. To this interpretation we are led by the Law of the XII. Tables, which fo●…bids a Thief by day to be slain, this exception added, unless he defend himself with a weapon. Therefore, against a Thief by night it is presumed, that with a weapon he defended himself. And, by a weapon is understood a sword, a club, a stone, as 
L. si pignore Sect. surem. D. de furtis.  Caius noteth upon this very Law. B●…t Ulpian hath declared, that what is said of the Thief by night, If one kill him he shall go unpunished, is to be conceived to have place, if he could not spare his life without peril of his own, to wit, in saving of his goods. There is then, as I have said, a presumption on his side who hath slain a 
L. furtum. D. ad legem Corn. de sicar.  thief by night: but if haply witnesses were present, by whom it is evident, the slayer of the thief was not brought into danger of his life, then will that presumption cease, and so the slayer will be guilty of Homicide. Add, that as well by day as by night the Law of the XII. Tables required, that he that found the thief should testify so much by an outcry (as we learn 
L. Itaque. D. ad legem Aquiliam.  out of Caius) to the end, if it might be, the officers or neighbours might run thither to bring help, and to bear witness. Now because such a concourse is more easily made by day than by night, (as Ulpian notes upon the forecited place of Demosthenes) therefore is more easy credit given to him, that affirms, he was in danger in the night time. In like manner, the Hebrew Law allows a maid credit concerning a rape in the field 
† Philo explains it well: that the place is set for more frequent example sake, not that thereby always the controversy may be determined. For it may come to pass, as he discourses in his book of special Laws, that a maid may be ravished in a City, her mouth being stopped, and in the field one may consent to the act. , and not in the town, because here she might and ought to have cried out, and called aid. Moreover, although in other respects there were no difference, yet this is considerable, that the things that happen in the night are more obscure, and cannot be so well known what and how great they are; and therefore are more terrible. The Law therefore, both Hebrew and Roman, gave in precept to the people, that which Charity persuades, that they kill no man for this reason only because he stealeth goods, but in case he that desires to save them, comes himself into danger. Moses Maimonides hath noted, that the kill of another is not permitted to any man on other terms, than to preserve that which is irreparable, as life and Chastity.   

X. Whether, and how far it is permitted by the Evangelicall Law.  
ANd what shall we say now of the Evangelicall Law: that the same is permitted by it, which is permitted by the Law of Moses; or that, as in other things it is more perfect than the Law of Moses, so here also it requireth of us more? I doubt not, but it requireth more. For, if Christ commandeth to lose a coat or cloak, and Paul would have us suffer damage rather than go to law, which is a contention without blood: how much more would he, that even things of greater moment be lost, rather than we should kill a man, the image of God, and of the same flesh and blood with us? Wherefore if our things may be saved, so that there seem not to be any danger of making slaughter, well; otherwise, we must suffer loss, unless haply it be such a thing, upon which our life and of our family depends, and which cannot be recovered in judgement, haply because the Thief is unknown, and there is some hope to carry the matter without slaughter. And although almost all, as well Lawyers as Divines, do now teach, that a man may 
Soto d. aut. 8. Lesle. dub. 11. 4. 74.  be rightly slain by us, in defence of our goods, even beyond those bounds, wherein 
Sylu. in verbo Bellum, 2. n. 3.  the Law of Moses and the Roman permit; as, if a thief having taken the thing fly; yet do not we doubt, but that which we have set down, was the judgement of the ancient Christians: nor did Austin doubt, whose words are these, How are 
Lib. 1. de lib. arb.  they free from sin before God, who, for these things which are contemptible, are polluted with human blood? No wonder if in this matter, as in many other, Discipline became loser 
† Hieronymus in vita Malchi: Postquam Ecclesia coepit habera Christianos Magistratus facta est quidem opibus major, sed virtutibus minot. Vide c. suscepimus, de homicidio voluntario, etc. de his, distinct. 1. Pan. c. 2. de Homicide, Lesle. d. loco.  with the time, and by degrees the Interpretation of the Evangelical Law began to be accommodated to the manners of the Age. Of old, the form of the primitive Institution was wont to be retained among the Clergy; at length, to these also censure was remitted upon the same ground.   

XI. Whether the Civil Law permitting one to kill another in his own defence, give a right, or only impunity.  
AQuestion is here proposed by some, Whether the Law, at least the Civil, as having right of life and death, in what case it permitteth a thief to be killed by a private person, doth also exempt the person from all fault. I conceive that is not to be granted: For first, the Law hath not right of death over all the Citizens upon every transgression, but upon a transgression so grievous that it deferr●… death. And it is a very probable opinio●… of Scotus, that 'tis not just to condemn any one to death, unless it be for those transgressions, which were punished wi●… death 
† Contra leges quae venantes rusticos morte puniunt, vide Gregorium Turonensem libro 10. c. 10. Joan. Sarisbur. policratici 1. cap. 4. Pet. Blesensem epist. 129.  by the Law given by Moses; th●…s only added; or which are equal to those in a right estimation. And indeed, knowledge of divine will, which alone quieti the mind, seems not possible to be had elsewhere in this business, but out of that law; which surely appointeth not pain of death for a thief. Moreover also, the Law neither aught, nor is wont to give a right, privately to kill, even those that have deserved death, except in crimes very heinous: otherwise, in vain were the Authority of Courts of judgement ordained. Wherefore, if at any time the law saith, a thief may be killed without danger of punishment, it is to be supposed to take away the penalty, not to grant a right.   

XII. When a single combat may be lawful.  
IT appears by what we have said, that two ways it may come to pass, that a single combat may be undertaken by private persons without sin. First, if the Invader grant the other licence to fight, and and will kill him unless he will fight: Secondly, if a King or Magistrate oppose two, that have both deserved death, one against the other: in which case, it will be lawful for them to lay hold on some hope of life; but he that appoints the Duel will seem to have not so well done his duty, sith it were better, if the punishment of one seem to be sufficient, to choose by Lot the party that should die.   

XIII. Of defence in public War.  
WHat hath been said by us hitherto concerning the right of defending one's self and his goods, perte●…eth most to private War; yet so, that it may be applied to public 
* Ammianus lib. 23. cum i●…ruentibus armis externis lex una sit & perpepetua salutem omni ratione defendere, nihil ●…enitente vi moris. Alexauder Imp. oratione ad milites apud Herodian. 5. Injurias qui prior insert nihil habet probabilis coloris: at qui libi molestos arcet ex bona conscien●…ia sumit fiduciam, bonaque ei syes adest, inae quod injuriam non inserat, sed auserat. , regard being had to the diversity. For, in private war the right is as it were momentaneous, and ceaseth, so soon as the matter admits of an access unto the Judge: but public, because it ariseth not, but where Courts of Justice either are not, or not exercised, hath a continued tract, and is perpetually cherished by addition of new damages and injuries. Farther, in private war mere defence, for the most part, is considered: but public powers, together with defence, have also a right of revenging. Whence it is, that they may lawfully prevent force, that is not present, but seems impending afar off; not directly, (that we have showed above to be injust,) but indirectly, by revenging a wrong begun already, but not consummate: Of which elsewhere.   

XIV. It is not lawful to take arms to diminish a Neighbor's power.  
THat is in no wise to be allowed, which some have delivered, that by the Law of Nations, arms may be rightly taken to abate a growing power, which being increased might be able to do hurt. I confess, in consultation about war this is wont also to come in, not under the respect of just, but of profitable: that if the war be just upon some other ground, upon this it may be judged prudently undertaken. Nor do the Authors cited 
Bald. lib. 3. de rer. divis.  here say any more. But, that a possibility of suffering force should give a right of offering force, this is far from all equity. So is the life of man, that full security is never in our hand. Against uncertain fears, we must guard ourselves by meditation of divine providence, and by harmless caution, not by doing violence to our neighbours.   

XV. Defensive war also is unjust on his part, who gave just cause of War.  
AS little are we pleased with this, 
Alb. Gent. l. 1. c. 13.  which they teach, that also their defence 
Cost. lib. 5. de Justit.  is just, who have deserved the war; because forsooth, few are content to return only so much revenge, as they have received injury. For, that fear of an uncertain thing cannot give a right to use force: whence, neither hath a person accused of a crime, any right to resist by force the public officers willing to apprehend him, for fear lest he may be punished more than he deserves. But, he that hath offended another, ought first to offer the offended party satisfaction, according to the arbitration of an upright man: and then afterward his arms will be lawful. So Ezechias, when he had not kept the 
2 Reg. 18. 7. etc. 19  league, which his Ancestors had made with the King of Assyria, being set upon by a war, confesseth the fault, and submits himself to a mulct at the King's pleasure. Having done that, and being after that again provoked by war, encouraged by a good conscience he withstood the enemy's force, and his cause was supported by the favour of God. Pontius Samnis, after restitution made to the Romans, and the Author of the breach yielded up; we have, saith he, expiated our fault, and pacified the wrath of heaven, that was against us for our violation of the league. I know full well, what Gods soever were pleased we should be subdued to a necessity of restitution, the same Gods are displeased with the Romans for their proud contempt of our expiation of the breach. A little after: 
* Quid ultra tibi Roman, quid foederi, quid Diis arbitris foederis debeo? Quem tibi tuarum irarum, quem meoru●… suppliciorum judicem feram? Neminem neque populum, neque privatum sugio.  What more do I owe to thee, O Roman! What to the league, what to the Gods the Judges of the league? Whom shall I bring unto thee to be judge of thy anger, and of my punishment? I refuse to people, nor private man. So, when the Thebans had offered all right to the Lacedæmonians, and they required more, the good cause passed over from these to them, saith 
* Leuctricâ primâ.  Aristides 
† De Principe Chalepi, qui pacem & residua tributorum obtulerat Romano Argyropolo Imperatori, vide Zonaram: simile de Cruciferis in Cromero lib. 17. De Helvetiis qui Caroh Burgundo, de curru ovium pellibus onusto, ademptoque mercatoribus, satisfactionem obtulerant, vide Philippum Comminaeum, lib. 7. .   

XVI. The rise and progress of propriety. 
Cap. 2.   
THere follows among the Causes of war, Injury done, and first against that which is ours. A thing is ours either by a common, or by a proper right. For the better understanding whereof we must know the Rise and beginning of propriety, which the Lawyers call dominion. God bestowed on mankind in general 
Gen. 1. 29. 30. & 9 2.  a right over the things of this inferior nature presently after the creation, and again upon the reparation of the world after the flood. All things, as Justin 
Lib. 43.  speaks, were undivided & common 
* Ejus vestigium mansit in Saturnalibus.  to all, as if all had one patrimony. Hence it was, that presently every man might take unto his uses what he pleased, and spend what might be spent. Which use of the universal right was then instead of propriety. For, what any one had so taken, another could not, without injury, take away from him. This may be understood by that similitude which is in Cicero, A theatre is common 
* Seneca de Benef. 7. 12. Equestria omnium Equitum Romanorum sunt: in illis tamen locus meus sit proprius, quem occupavi. , yet the place possessed 
De finibus, 3.  by any one, may be rightly called his own. Nor was it impossible for that state to have continued, if either men had persisted in a certain great simplicity, or had lived together in a certain mutual excellent charity. One of these, to wit, Communion by reason of an exceeding simplicity 
† Horatius: 
Campestres melius Scythae,  
Quorum plaustra vagos rite trahunt domos,  
Vivunt, & rigidi Getae;  
Immetata quibus jugera liberas  
Fruges & Cererem ferunt;  
Nec cultur a placet longior annua,  
Defunctumque laboribus  
Aequali recreate sort vicarius.  , may be observed in some people of America; who, through many Ages, without any incommodity, have persisted in that custom: The other, to wit, communion of Charity, the Essens 
* Et ab his orti Pythagoristae. Vide Porph●…yium, Diogenem Laertium, Gellium, 1. 9  practised of old, and then the Christians, who were first at Jerusalem, and now also not a few that lead an ascetic life. The simplicity, wherein the first parents 
† Adam typus humani generis. Vide Originem contra Celsum: neque nihil huc pertinet quod Tertullianus dixit libro de anima. Naturale enim rationale credendum est, quod anim●… à primordio sit ingenitum, à rationali videlicet auctore. Quid enim non rationale quod Deus jussae quoque ediderit, nedum id quod proprie afflatu suo emiserit? Irrationale autem posterius intellige idum est, ut quod acciderit ex serpentis instinctu, ipsum illud transgressionis admissum, atque exinde inoleverit, & coadoleverit in anima ad instar jam naturalitatis, quia statim in primordio naturae accidit.  of mandkind were created, was demonstrated by their nakedness. There was in them rather an ignorance of vice, than the knowledge of virtue, as Trogus 
Just. l. 2.  saith of the Scythians. The most ancient of mortals, saith Tacitus, lived without any evil lust 
* Seneca de iisdem epist. 90. Ignorantia rerum innocentes erant. Deinde locutus de justitia, ptudentia, temperantia, fort tudine, addit: Omnibus his virtutibus habebat similia quaedam rudis vita. Josephus: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , without dishonesty and witkedness, and so without punishment and coercion. And in Macrobius 
* 2. Ad Somn. Scip. Sap. 3. 24. , First, there was amongst men simplicity, ignorant of evil, and as yet void of craft. This simplicity seems to be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
† Sic & Paulus Eph. 6. 24. qui & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dixit, T●…. 2. 17.  by the Hebrew wise man, by the Apostle Paul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which he opposeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to craftiness. Their only business was the worship of God, whereof the Symbol was the tree of life 
* Sanctitas superior, Rabbinis. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Arethae ad Apoc. De paradiso vide Eccl. 40. 17. Et de fluminibus paradisi eundem librum 24. 35. & seq. , as the ancient Hebrews do expound, and the Apocalypse assenteth 
† Prov. 3. 18. Philo de mundi create Apocalyps. 22. 2. . And they lived easily of those things which the earth of her own accord brought forth without labour 
* Vide egregium hac de re locum lib. 2. Varronis de Re rustica, ex D●…caearcho: & confer quae ex eodem Dicaearcho habet Porphyrius de non esu animal 'em libro 4. . But in this simple and innocent way of life Men persisted not, but applied their minds to various arts, whereof the Symbol was the tree of the knowledge of good and evil 
† Josephu●…: Quae acbor crat sol●…rtiae & intelligentiae. Telemachus apud Homerum.— Omnia nout Quae bona, quae mala sunt, nec sum jam p●…vus ut ante Zeno●… Cittiensi prudentia, scientia bonorum & malorunt & medi rum. Est id apud Diogenem Laertium. Plutarch de Communibus notitiis: Quid nocebit, si ablatis malis nulla erit prudentia, pro eo autem aliam habeamus virtutem, quae non bonorum ae malorum, sed solorum bonorum sit scientiâ? , that is, of those things which may be used both well and ill 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 voca●…, Philo.  In regard of this Solomon 
* Ecclel. 8. 30.  saith, God created man right, that is, simple, but they have found out many inventions 
† 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, ut dicto loco Philo loquitur.  Dion. Prusaeensis, in his 6. Oration; To the posterity of the first men, their craf●…iness and various 
* Late hoc explicat Seneca epist. 90. quem lege: & Dicaea●…chum apud dictos jam scriptores.  inventions were not very conducible: for they used their wit, not so much for valour and justice, as for pleasure, The most ancient Arts, Agriculture and Pasture, appeared in the first Brothers; not without some distribution of estates; From the diversity of their courses arose emulation, and then slaughter: and at length, when the good were infected by the conversation of the bad, a gigantic 
* Seneca natural 'em 3. in fine: Extinctis pariter feris in quarum homines ingenia t●…ansicrant.  kind of life, that is, violent, such as theirs whom the Greeks call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The world being washed by the flood, in stead of that fierce life, succeeded the desire of pleasure 
† Seneca dicto loco: Illis quoque innocentia non d●…bit, nisi dum novi sunt. ; whereunto wine was subservient; and thence arose unlawful loves 
* Praemiumque summum ebrietatis libido portentosa ac jucundum nefas. Seneca ib dem. Gen. 10. 11. . But concord was chiefly broken by that more generous vice, Ambition; whose sign was the Tower of Babel: after which, men parted asunder, and severally possessed several parts of the earth. Yet afterward also, there remained among Neighbours a Communion, not of cattle, but of pastures. Because, in the small number of men, so great was the latitude of the Land, that without any incommodity it might suffice to the uses of many 
† Ne signare quidem aut par●…i limit campum, Fas erat. Virg. Georg. 1. : until, the number, as of men, so of cattle, being increased, Lands every where began to be divided, not among nations as before 
Gen. 13. & 21.  but among families too. But Wells, 
* De pureiss ad Oasim inter multos communibus, vide Olympiodorum apud Photium.  a thing in a thirsty Country very necessary, & not sufficing many, every one made his own by seizure. These are the things, we are taught out of sacred history, agreeing well with what the Philosophers and Poets have said of the first state of things common, and the distribution of things which followed: whose testimonies are produced by us in another 
* Marilibero, c. 15.  book. Hence we learn, what was the cause, for which men departed from the primitive communion of things, first of movables, and then of immovables also: to wit, because when, not content to feed upon that which grew of itself, to dwell in caves, to go naked, or clad with rinds of trees, or skins of beasts 
† Qualem vitam Scritefinnorum nobis accurate describit Procopius Gotthicorum 2. Add Plinium 12. 1. Vitruvium 2. 1. , they had chosen a more exquisite kind of life, there was need of industry, which every one should use in every matter. And the reason, why fruits were not brought together for common use, was, because of the distance of places, whereby men were separated; and moreover, the defect of Justice and love; whereby it came to pass, that neither in labour, nor in spending of the fruits, was observed due equality. Withal we learn, how things went into propriety: not only by act of the mind (for they could not know the thoughts of one another, what every one would have to be his own, that they might abstain from it, and many might desire the same thing:) but by a certain covenant, either express, as by division; or tacit, as by occupation 
* Vide quae hac de re ex Gemara & Alcorano nobisprotulit honos Britanniae Seldenus in Thalassocratico. . For so soon as communion did not please them, and division was not made, it ought to be supposed an agreement amongst all, that every one should have proper to himself, what he seized on 
† Cicero: Ex quo, quia suum cujusque fit eorum quae natura suerunt communia, quod cuique obtigit id quisque teneat. Quod similitutudine illustrate à Chrysippo reperta de stad●…o, ub●… currendo l●…cet vincere adversarium, non cum detrudendo. Scholiastes ad Artem poet. Horatij: Quemadmodum domus aut ager sine domino communis est, occupatus vero jane proprius fit. Varro in Age modo: Terra culturae causa attributa olim particulatim, ut Etruria Thuscis, Samnium Sabellis. . It is granted, saith Cicero, that every one may prefer himself before another, in getting things useful for his life, nature being not repugnant hereunto 
* Cicero Offic. 3. Solon. Divitias ha●…uisse velim, sed non bene partas non cupiam. Cicero Offic. 1. Nec vero rei amplifieatio nemini nocens vituperanda est, sed sugienda semper injuria. . To which is to be added that of Quintilian 
* Declam. 13. : On this condition, that what is come into a man's possession is his own, certainly whatsoever is possessed by right, is taken away by wrong. And the ancients, when they called Ceres 
* Macrob. Saturn. lib. 3. c. 12.  Legiferam, and her rites Thesmophoria, signified this, that by the division of lands came up the original of a certain new right 
† Postquam ex agrorum discretione nata sunt jura. Ita Servius ad illud 4. Aen. Legiserae Cereri. .   

XVII. Some things cannot be made 〈◊〉 per, as the Sea, taken for the whole or principal parts: and why?  
UPon these premises we say, that the Sea taken either in regard of the whole, or in regard of the principal parts, cannot go into proper right. Which, because some do grant it, of private persons, not of dations, we prove, first by moral reason. For, the cause, for which men departed from communion, here ceaseth, the Sea being so great, that it can suffice all nations for every use, for watering, for fishing, for sailing. The same were to be spoken of the air, if any use might be made thereof, to which the use of the earth were not necessary, as it is to Hawking 
* Et ad habitandi jus. Tam soli quam coeli mensura facienda est ait Pomponius, l. si opus. D. quod vi ●…ur clam. : whence it receiveth law from him, who hath command over the Land. In the same manner we judge of the 〈◊〉, where is nothing that can admit of culture, and the only use of fetching sand thence can never be exhausted. There is also a natural reason, which forbids the Sea considered as we have said, to become proper: because occupation proceeds not, but in a thing 
* Ideo iugera ●…uae possessorem non habent immetata dixit Horatius.  terminated: and liquid things, because they have no 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Inquit Aristoteles, De Gener. l. 2. c. 2.  bounds of their own, cannot be occupied, but as they are contained in some other thing: as lakes and ponds, and rivers, because they are contained with banks. Now the Sea is not contained by the earth, being equal to the earth or greater 
* Ita d●… Oceano sensit Jarchas apud Philostratum, 3. 11. ; whence the ancients say, the earth is contained by the Sea 
† 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Apollonii verba apud Philostrat. Sulpitius Apollinaris apud Gelt. Quid potest dici circa Oceanum esse, cum undique Oceanus circumscribat omnes terras, & ambiat? Marcus Acilius apud Livium: Oceano, inquit, qui orbem terrarum amplexu finite. In Senecae Suasoriis dicitur Oceanus totius orbis vinculum terrarumque custodia: Lucano, Unda mundum coercens. . Nor may we feign a division: for when first the earth was divided, the Sea, most part, was unknown: and so no way can be imagined for nations so far distant to agree upon the division. Wherefore the things which were common to all, and in the first division were not divided, they do not now pass into proper right by division, but by occupation; nor are they divided, unless after they have begun to be proper.   

XVIII. Of things that may be made proper.  
LEt us now come to things which may be made proper, but are not yet made so. Such are many incult places 
† Vide Bembum, Historiae 6. , Lands in the Sea 
* Ut Echinades, quas occupando suas secit Alcinaeon. Thucyd. lib. 2. in fine. , wild beasts, fishes, birds. But two things are to be noted, First, there is a twofold occupation, one by the whole, another by the parts: the former usually by the people, or by their Ruler: the other afterward by several persons; yet rather by assignation, than free occupatition. But if any thing, seized on in general, be not divided among several Lords, it is not therefore to be esteemed voi●… For it remains in the dominion of the f●… occupator, to wit, the people or K●… Such are wont to be rivers, lakes, pond●… woods, wild mountains. Next, concernning 
Covarr. c. peccatun●…. par. 2. Sect. 8.  wild beasts, fishes, birds, it is to be noted, that he who hath command over the lands and waters, may by his Law hinder others from catching and acquiring the beasts, fishes, and birds: and by that Law are foreiners also bound. The 
Dd. in l. cunctos populos. l. de sum. Trin. Covar. d. loco.  Reason is, because to the government of a people it is morally necessary, that they who mingle with them but for a ti●…e (which is done by entering the territory) render themselves conformable to the Institution of that people. Nor is that against us, that we read often in the Roman Law, saying, by the Law of nature, or nations, it is free to hunt and take such creatures. For, this is true, so long as no Civil Law intercedes; (as the Roman Law left many things in that primitive state, concerning which things other nations made other constitutions) But when the Civil Law ordaineth otherwise, the very Law of nature dictates, that it ought to be observed. For, the Civil Law, though it can command nothing which the Law of nature forbids, nor forbid what it commands, nevertheless may it circumscribe natural liberty, and prohibit what was naturally lawful, and also by its force antevert that very dominion, which naturally is to be acquired.   

XIX. Over things made proper, men have a right to use them, in time of necessity: and whence it comes.  
NOw let us see, what common right is competent to men over those things, which are made proper unto some. Which question, perhaps some may wonder at, seeing propriety may seem to have swallowed up all that right, which arose from the common state of things. But it is not so. For, it must be considered, what was the mind of them, who first introduced singular dominions: which is to be believed such, as hath receded as little as might be from natural equity. For, if also written Laws are to be drawn, as far as they may, into that sense; much more are Customs, that are not bound up in writing. First then, it follows hence, that, 
L. 2. Sect. cum in eadem. D. ad l. Rhodiam. l. quo ●…aufragium. S. quod ait. D. de incend. L. Quemadmodum. Sect. Item. D. ad L. Aquiliam. Thom. 2. 2. 66. 7. Covarr. c. peccat. 2. sect. 1. Soto l. 5. q. 3. art, 4.  in extreme necessity, that old right of using things revives, as if the things had remained common: because, in all human constitutions, and therefore in the Law of Dominion too, that extreme necessity seems excepted. Hence it is, that in navigation, if at any time victuals fail, what every one hath aught to be brought forth for the common use. And so, in a fire, I may pull down my neighbour's house to save mine: and cut in pieces the tackling or nets upon which my ship is driven, if it cannot be disintangled 
† Talia non procedunt nisi ex magna & satis necessaria causa. Ulp. l. Si alius. D. quod vi aut clam. Ubi sequitur exemplum illud de aedibus intercisis a●…cendi incendii causa.  by other means. All which are not introduced by the Civil Law, but expounded. For among Divines also, it is a received opinion, in such necessity, if one take from another what is necessary to save his life, he doth not commit theft. Of which the termination this is not the cause, that some allege, that the owners of the thing are bound by the rule of charity to give it to the necessitous; but, that all things seem divided amongst the owners, with a certain benign reception of the primitive right. For, if the first dividers had been asked their opinion thereof, they would have returned our answer. Necessity, saith Seneca the father, the defence of human imbecility, breaks every Law 
† Quicquid coegit defendit. l. 4. controv. 27. Exemplis idem Seneca illustrate in excerptis controversiae 4. Necessitas est, quae navigia jactu exonerat: necessitas est, quae ruinis intendia opprimit: necessitas est lex temporis. Cicero Philippica 11. Cassius in sy●…iam profectus est, alienam provinciam, si homi●…es legibus scriptis uterentur: his vero oppr●…ssis, suam lege naturae. Apud Curtium est: In communi calamitate, suam quemque habere for●…. Theodorus Priscianus vetus medicus: Expedit praegnantibus in vitae discrimine constitutis sub unius partis saepe ●…actura salutem merc●… certissimans; sicut arboribus crescentium ramorum accommodatur salutaris abscissio, & naves pressae onere, cum gravi tempestate jactantur, solum habent ex damno remedium. Prima illa verba ad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pertinent, cujus instrumenti descriptio apud Galenum & Celsum: ac proinde eadem vix restituenda apud Tertul. de anima. , understand human, or made after the manner of human.   

XX. Three Cautions to be applied to this case of necessity.  
BUt Cautions are to be used, that this licence be not extravagant. First, 
Lesle. lib. 2. cap. 12. dub. 12. num. 70.  By all means trial must be made first, whether the necessity may be evaded some other way, as by an address unto the Magistrate, or by endeavouring to obtain the use of the thing from the Owner by entreaty. Plato permits one to fetch water out of his neighbours Well, so that he hath digged in his own ground, as far as the chalk, to find water: if he hath digged forty cubits deep, saith Solon: where Plutarch adds 
* Subveniendum necessitati non instruendam pigritiam. , He thought necessity was was to be succoured, idleness not to be maintained. Xenophon 
* Expedit. Cyri, 5.  in his answer to the Sin●…penses: Where we are not permitted to buy, be it among Barbarians or Grecians, there do we take what we want, not out of wantonness, but necessity. Our second Caution is, This is not to be allowed, if the Possessor be pressed with an equal necessity. For in a like case the 
* Possidentis melior est conditio. L. 5. c. 16.  Possessor hath the advantage. He is not a fool, saith Lactantius, who thrusteth not a shipwrackt man from his plank, nor a wounded man from his horse, to save himself: because he hath kept himself from doing hurt, which is a sin; and to avoid this sin is wisdom. Cicero had said: Will not 
Offic. 3.  then a wise man, if himself be almost famished, force another man's food from him, being a man whose life is worth nothing No sure. For my life is not more dear 〈◊〉 me, than that disposition of mind, to vislate no man that I may profit myself. We read in Curtius 
* Metior est causa 〈◊〉 non eradentis, quam po●…centis ●…ienum. Q. Curtius. Adrian. quod. lib. 1. art. 2. c. 3. Covarr. d. loco. : Better is the cause of him that delivers not up his own, than of him that requires what belongeth to another. The third is this: Where it may be, restitution is to be made. Some think otherwise upon this ground, that he who hath used his own right is not bound to restitution. But it is more true, that the right here was not full, but restrained with a condition of restoring, when the necessity should be over. For such a right sufficeth to keep up natural equity against the rigour of dominion.   

XXI. An example of this right in Wars.  
HEnce we may collect, how it may be lawful for him, that wageth a pious war, to seize upon a place situate in a peaceable Country; to wit, if there be, not an imaginary, but a certain danger, lest the enemy invade that place, and thence do irreparable damage: moreover, if nothing be taken, but what is necessary for caution, i. e. the bare custody of the place, the jurisdiction and profits being left to the Lord thereof: Lastly, if it be with a mind to restore the custody so soon as the necessity is over. Enna, was retained either by an evil, or by a necessary enterprise, saith Livy: because it is 
Lib. 24.  evil here, whatsoever is different, even in the least degree, from necessary. The Grecians that were with Xenophon, having 
De exped. Cyri. 5.  extreme need of ships, by the advice of Xenophon himself, took up such as passed by; yet so, that they kept the lading safe for the Merchants, and to the Mariners gave both food and wages.   

XXII. Another right of men over things proper, for their benefit, without damage to the owner.  
BEsides that right of necessity, there is another relic of old communion, namely, the right of harmless utility. For why should not one, saith Cicero, when 
De Offic. 1.  without his own detriment he may, communicate to another, in those things, which are profitable to the Receiver, and to the Giver not chargeable? Therefore Seneca saith, it cannot be called a benefit, 
De benef. 4.  to give leave to another to light his fire by yours. We read in Plutarch, It is not lawful to spoil our victuals, when we 
Sympos. 7.  have more than enough; nor to stop or hide a fountain, when we have drank our fill; nor to abolish the way-marks either by Sea or Land, which have been useful for us. So a River, as a River, is proper to that people, or that Prince, within whose dominion it runs, and they may make a mill on it, and take what 
L. Quaedam. D. de rerum divis.  fish the River yields: But the same River, as a running water, remained common, as to drinking or drawing of it. Ovid 
* 
Qnis v●…tet apposito lumen de lumine sumi;  
Atque cavum vastas in mare servet aquas?  Ovid: apud quem & Lycios Latona sic alloquitur, Quid prohibetis aquas? Usus communis aquarum est?  therefore calls the use of water common, and Virgil saith, it is open to all.   

XXIII. The right of passages explained, by Land and Water.  
SO also Lands, and rivers, and if any part of the Sea be come into the propriety of any people, it ought to be open to those that have need of passage for just causes: namely, because being expelld out of their own Country they seek void places, or because they desire commerce with a remote Nation, or also because they contend for their own in a just war. The 
Bald. 3. cons. 293.  reason here is the same which hath been set down above, because dominion might be introduced, with a reception of such use 
† Seru. ad 7. Aen. Littusq: rogamus innocuum. Cujus vindicatio, ait, nulli possit nocere. Numb. 20. & 21. , which profits these, hurts not those: and therefore the Authors of Dominion are to be supposed willing rather to have it so. We have an eminent example in the history of Moses: who, when he had to pass thorough the countries of other Princes, made this offer, first to the Edomite, then to the Amorite; that he would go in the Highway, and not divert to private possessions: if he had need of any thing of theirs, he would pay them the just price. Which conditions when they were refused, he waged a just 
* Justa bella gerebantur à filils Israel contra Amorraeos, ait Augustinus. Sic Amyntorem Orchomeni regem obnegatum transitum interfecit Hercules, notante id Apollodoro. Add legem Longobardicam lib. 2. tit. 54. c. 2.  war, upon that score, against the Amorite. For harmless passage was denied, saith 
* Lib. q. 4. super Num. ad ca 20.  Austin, which by the most equal right of humane society should be open. The Grecians that were with Clearchus: We will go home, if no man trouble us: if any one do us wrong, by the Gods help we will endeavour to keep it off. Not much unlike is that saying of Agesilaus, when returning out of Asia he was come to Troas, he asked, whether they would have him pass as a friend, or as an enemy: And Lysander asked the Boeotions, whether they would have him pass with spears charged, or inclined. The Batavians 
Plut. Apoph. & in vita Agesilai. Plutarch in Lysand.  in 
† Hist. 4. Plutarch. in Cim.  Tacitus declare to the Bonnenses, If none opposed them, they would march quietly; if they met with force, they would cut their way with the sword. Cimon going to aid the Lacedæmonians, led his army through the territory of Corinth: being reprehended by the Corinthians for not ask leave of the City; for even he that knocks at another's door, enters not without the permission of the Masters; answered, But you did not knock at the doors of the Cleonaei and Megarenses, but broke them open, thinking that all things ought to give place to the stronger. The truth is in the middle sentence, that passage is first to be requested 
† Veneti & Germanis & Gallis de Marano certantibus iter praebuere. Paruta II. jidem Germanis conquerentibus de transuu hostibus dato, ostendunt id nisi armis impediri non 〈◊〉: quibus uti non mos sibi, nisi in hosts manifes●…s. eod. lib. Sic & poutifex se excusat, lib. 12. , and, if it be denied, it may be forced. So Agesilaus 
* Plutarch. in vita ejus.  returning out of Asia, when he had required passage of the Macedonia●… King, and he had answered, that he would consult: Let him consult, saith he, We i●… the mean time will march on. Nor may any rightly except, and say, he fears the multitude of those that pass. For my right is not taken away by thy fear: and so much the less, because there are ways of security; as, if the army pass in divided companies; if 
† E●…emplum in exce●…o lega tianum 12. apud Bembum 7. Hist. Ital. Vide & notabilia pacta de transitu inter Fredericum Barba●…ossam & Isacium Angelum apud Nicetam l. 2. de vita ejusdem Isacii aliquot locis. In s●…pe rio Germanic transitum postulans de damno resorciendo cavet. Vide & Cran●…ziu 〈◊〉 Saxon c. 10. & Mendosam in Belgicis. Caesar Helvetiis iter ●…r pr●…vinciam noluit concedere, quod homine iniquo animo existimabat non temperaturos ah injuriis & maleficio. De bello Gallko lib, 1.  unarmed, (which they of Agrippina said to the Germans, and Strabo notes that custom anciently observed in the Country of the Eleans:) if, at the charge of him that passeth, he that grants the pass, provide himself sufficient Guards; if Hostages 
* Exemplum hab●…s Procopii Persicorum. 2.  be given, which Seleucus demanded of Demetrius, that he might suffer him to quarter within the bounds of his Empire. So also, fear of him, against whom, he that passeth makes a just war, is no sufficient reason to deny passage. Nor is it more to be admitted, if you say, he may passsome way else: for any one may say as much, and by that means the right of passing world come to nothing: but it is enough, if, without deceit, passage be demanded, where it is next and most commodious. Indeed, if he makes unjust war, who would pass; if he lead my enemies 
† Hoc dicebant Franci, qui in Venetia erant, Narseti Longobardos secum ducenti, Gotthicorum 4. Alia negati itineris exempla habes apud Bembum lib. 7. Italicorum. apud Parutam. l. hist. Venet. 5. & 6.  with him, I may deny him passage: and more than so, I may meet him on his own ground and lawfully hinder his expedition.   

XXIV. Of passage for Merchandise, and of Impost.  
NOr is passage only due to persons, but to Merchandise also; for no man hath right to obstruct the way of Commerce to any Nation with any other that is remote; because the permission of Trade is for the interest of human society, and is not discommodious to any one. For, although some hoped gain, but not due, departs from any, that is not to be reputed as a loss. Philo 
* In legate. ad Caium.  speaks to our purpose: On the Sea, all Ships of burden safely pass, according to that right of Commerce 
† Apud F●…orum est. l. 3. Sublatis Comm●… cousin, ruoto foedere generis hamani. Servius ad Geotgic. 1. signisicat necessitate q●…aerendarum rerum homines navigandi peritiam ac studium reperisse. commune bonum erat patere Commercium maris. Ambrose in opere de Creatione: Bonum mare tanquam hospitium fluviorum, invectio Commeatuum, quo sibi diftantes populi copulantur; quae ex Basilio sumta Hexemeri 4. Mare forum mundi, insulas stationes in mari, eleganter dixit de Provide. 2. Theodoret. Adjungam his Chrysostomi ad Stebechium verba: Quomodo autem satis digne quis explicet facilitatem ad mutua commercia nobis datam? Ne enim itineris longitudo impedi●…tum aliorum ad alios commeatibus adferret, breviorem viam, 〈◊〉 scilicet, ubique terrarum disposuit Deus, ut mundum tanquam 〈◊〉 domum communiter inhabitants, crebro nos invicem viserimus; & apud se nata quisque alteri Communicans vicissita, commode accipere●… apud illum abundantes; ac sic exiguam tenens terrae partem, ita tanqu●… si teneret universam, frueretur ejus quae ubivis sunt bonis. Licet it●… nunc, tanquam in communi mensa convivarum, unicuique ea quae sibi apposita dare alteri longius accumbenti, ac contra quae apud ipsum s●… accipere manu tantum extenta. , which is between all Nations arising from the desire of natural society; while they supply one another mutually, with that, which the one wanteth, and the other can spare. For envy hath never invaded either the whole world, or the great parts thereof. Another testimony we have from Plutarch, speaking thus of the Sea: This element hath made our life sociable and perfect, that would otherwise be wild and without correspondence; it supplies our wants with mutual aid, and by exchange of things needful procures fellowship and friendship. Wherewith agrees that of Libanius: God hath not granted all things to every land, but hath distributed his gifts to several Countries, that men having need of one another might maintain society for their common good. Therefore hath he made the Merchant, to convey to all, what any place affords. Euripides 
* Supplicib.  also brings in Theseus, accounting Navigation among the Inventions, which human reason hath found out for the general benefit, thus:  
What nature any land denied,  
By Navigation is supplied.  
But it is a question, whether Tribute may be imposed, by him that rules the Land, upon merchandise passing by Land, or by river, or by part of the Sea, which may be called an accession of the Land. Certainly, whatsoever burdens have no relation to the merchandise, no equity suffers such to be imposed on the same. Neither can Head-money, put on the inhabitants to sustain the charge of the Commonwealth, be exacted of passengers. Nevertheless, if either to secure the goods, or if, among other reasons, for this also, the public be charged, some Tax, by way of compensation, may be laid upon the Commodities, so that the measure of the cause be not exceeded. For upon this depends the justness of Tributes & Toll 
* Vide legem Longobardicam tit. 31. c. 33. & epistolam Episcoporum ad Ludovicum Regem quae inter capitula legitur Caroli Calvi, c. 14. . So, Strabo 
* Libro octavo.  relates, that the Corinthians even from the most ancient times, received Tribute 
† De thure Plinius, 12. 14. Ev●hi non potest, nisi per Gebanitas: itaque & horum regi penditur vect●●gal.  of the Commodities, which to avoid the compass of Malea, were carried by land from Sea to Sea. So, the Romans received a price for the passage of the Rhine 
* Etiam in pontibus pro tranfitu datur, inquit Seneca. : and the Lawyer's 
† Pereg. l. 1. de jure Fisci cap. 1. num. 22. Aug. cons. 199. Zabar. cons. 38.  books are full of the like. But ofttimes an equal measure is not kept; whereof the Arabian Phylarches are accused by 
† Lib. 16.  Strabo, adding, It is a hard matter, amongst powerful and fieroe people, to compound upon terms not grievous to the Merchant.   

XXV. The right of staying for a time, of inhabiting, of having desert places.  
TO stay sometime, for health sake, 
Vict. de Ind. rel. 2. n. 1.  or for any other just cause, ought also to be permitted passengers. For this too is among the innoxious utilities. Wherefore Ilioneus in Virgil 
* Servius ad eum loc. Occupantis enim est possessio littor●…. unde ostenduntur crudeles, qui etiam à communibus prohibeant. Loomedon ab Hercule occisus, quod eum Trojae portu pelleret, Servio ibidem nartance. , when the Trojans were prohibited to stay on the shore of Afric, is bold to invoke the Gods as Judges: and the complaint of the Megarenses against the Athenians, who drove them from their havens 
† Pl●…ch. Pericle. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Diod. l. 12. Thucyd. 1. , against common right, was approved by the Greeks: so that the Lacedæmonians esteemed no cause of war more just. Consequent hereto is this, that is is lawful to build a Cottage on the shore, to shelter them for a season, though we grant the shore to be possessed by the Inhabitants. For, what Pomponius said, of having the Praetor's decree, that it may be lawful to build on the common shore or in the Sea, perteins to buildings 
* Quo & illud Poctae: 
Contracta pisces aequora sen●…iunt,  
Factis in altum molibus.   that are permanent. Moreover, perpetual habitation is not to be denied these foreiners, who being expulsed from their own seats, seek entertainment abroad; on condition, they submit to the government in being, and to other things needful for the avoiding of seditions. Which equity is well observed by the divine Poet, when he brings in Aeneas yielding to Latinus the Militia, 
Virgil: Socer arma Latinus habeto, Imperium solemne Socer. Lib. 1. Lib. 17.  and sovereign power. And in Halicarnessensis, Latinus himself saith, the cause of Aeveas was just, if compelled by want of room he came thither. It is the part of Barbarians to repel strangers, saith Strabo out of Era●…tosthenes: nor were the Spartans' in this respect commended: and in the judgement of Ambrose also, they 
De Offic. l. 3. c. 7.  that prohibit strangers to dwell among them, are in no wise to be approved. The Eolians admitted the Colophonians, the 
Herod. l. 1. & 4. Paus. l. 7. Oros. 7. Diod. l. 5.  Rhodians Phorbas and his Fellows, the the Carians the Melians, the Lacedæmonians the Minyans, the Cumeans others that came unto them. But, of the same Minyans, requiring a part of the Empire after they were admitted, Herodotus rightly saith, They were in urious, and 
Lib. 4. cap. 6.  did what was not lawful to do. And Valerius Maximus saith, They turned a benefit into an injury. Lastly, if within the territory of a people, there be some desert and barren ground, that also is to be granted to strangers upon their request, yea it is also rightly seized on by them; because, that ought not to be esteemed occupied, which is not cultivated, but only as to the Empire, which remains entire to the first people. To the Trojans were granted by the Latin Aborigines, seven hundred Acres of hard and rough Ground, as Servius noteth. In Dion Prusaeensis 
Ad 11. An.  we read, They do no offence, who inhabi 
Orat. 〈◊〉.  and manure a part of the land, that he neglected. The Ansibarians in Tacitus cry 
Tac. Annal. 13.  out: As the Heaven to the Gods, so is the Earth granted to mortals, and what is void is public: looking up to the Sun and Stars, they did openly as it were inquire of them, whether they were pleased in beholding any ground empty and without inhabitants: They should rather call forth the sea, and overwhelm the spoilers of the Earth. But these men did ill apply these general sayings to that particular business. For those lands were not altogether void, but served to feed the cattle and herds belonging to the Army; which was a just cause for the Romans to deny them. And no less justly did the Romans of old ask of the Galli Senones, What right they had to require lands from 
Liv. lib. 5.  the possessors, or to threaten them with War.   

XXVI. Of Oaths. How great their virtue is, even in the opinion of Pagans.  
AMong all people, and from all time, about promises and contracts, very great hath been the virtue of an oath 
† Sophocles 〈◊〉: 
M●…ns excitari jurejurande s●…let,  
U●…na diligenter evitet mala,  
Culpari amicis, & Deos offendere.   Our Ancestors, saith Cicero, esteemed no bond of faith stronger than this. Hence it hath been always believed, that some heavy punishment hangs over the head of perjured persous 
* Ut Hesiodus dixit de Juramento: 
— Clades Mortalib. unde  
Adveniunt, quoties fallaci pectore jurant.  : So that posterity 
† Vide Servium in excerptis Fuldensibus ad 1. Aeneid.  also paid for the sins of their forefathers: (which was not believed, but of most grievous crimes:) and even the will without the deed drew punishment upon it: both which Herodotus confirms by the narration of Glaucus Epicydides, who only deliberated, whether 
Lib. 2. ubi hoc carmen Pythiae adfert idem Herodotus: 
Ad juramento quaedam est sine nomine proles,  
Trunca manus, & trunca pedes: tamen impete magno  
Advenit, atque omnem vastat stirpemque domumque   he should break his oath concerning a thing committed to his trust.  
And Juvenal rehearsing the same story 
U. Zachar. 5. 1, 2, 3. & interpret. ejus loci Chrysostomum de Statuis 15.  so concludes:  
— Such is the pain,  
The bare intent of perjury doth gain.  
Well said Cicero: An oath is a religious affirmation: and what you have firmly promised, as in the presence of God, is 
Offic. 3. Est Jusiurandum affirmatio religiosa: quod autem affirmate quasi Deo teste promiseris, id tenendum est. Lib. de ira Dei.  to be made good. But, that he adds; For now it belongs not to the wrath of the Gods, which is none, but to justice and fidelity; if by the name of wrath he understand a perturbation, it is not to be rejected; if any kind of affection or will to punish, it is not to be received, as Lactantius tightly proves.   

XXVII. In an Oath is required a deliberate mind.  
LEt us now consider, whence ariseth the virtue of an oath, and how far it teacheth. First, what is said of promises and contracts hath place here also: that a mind having use of reason, and deliberate is required. Wherefore, if any one, not conceiving that he swears, utter swearing words, as is related of Cydippe, that may be said, which Ovid ascribeth to her, taken out of Euripides, I ha●…e not sworn; because my mind went not with my tongue 
* Ovid epist. Quae jurat mens est; nil conjuravimus illa. Eurip. H●…ppol. Jurata lingua est: ment juravi nihil. quia de re honesta ●…acenda, nutr●…cis verba intellexent Hippolytus, non de adulterio & incestu. Ovid. ibidem: Consilium prudensque animi sententia jurat, Et nisi judicii vincula null tenent. mox: Sed si nil dedimus praeter sine pectore vocem, Verba suis frustra viribus orba tenes. Non ego juravi; legi jurantia verba: etc. . But if one, willing to swear, is not willing to oblige himself, he is never the less obliged; because obligation is inseparable from an oath, and a necessary effect thereof 
† Soto lib. 8. qu. 1. art. 7. Covarr. ad c. quamvis. p. 1. 〈◊〉. 5. .   

XXVIII. In what sense the words of an Oath bind.  
BUt, if one deliberately pronounce swearing words, yet without a mind of swearing, some say, he is not bound, yet sins in swearing rashly. More truly, he is bound to make good his words, whereto he hath called God a witness. For, that act, which by itself is obligatory, proceeded from a deliberate mind. Consequent to this it is, that although that of Tully be true, What thou hast sworn according to thy mind, not to do is perjury 
† Tullius: Quod ex animi tui sententia jurasti, id non facere perjurum est. Quo & illud pertinet quod apud Homerum jurans Ulyssi C●…lypso ai●…: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ; Yet hath it this exception, unless he that swears know, or probably believe, the words are taken otherwise by him, with whom he dealeth. For calling God to witness his words, he ought to make the words true, as he thinks they are understood 
* Augustinus epist. 224. de illo locotus qui è Punicis castris egressus in castra redierat, inde Romam venerat: Ita non attenderunt qui illum Senatu moverunt, quid ipse j●…ndo cogitasset, sed quid ab illo quibus juraverat exspectarent. Vide & sequentia. Vide ad hanc ●…em pulcre dicta 〈◊〉 Trosl●…iano Tom. 3. Council editionis Sirmondianae, & apu●… Hi●…cmarum in opusculo de divoitio Lothar●…i & Tethbergae ad interrogationem 6. ubi in hanc lententiam recte de Deo dicitur: Qui non ut juras, sed ut is jurasse putavit cui juras, audi●… Sic es utrique●…eus. In professione jurata Hebraeorum per Hispaniam: Si non ea intentione persec●…ris, sicut à nobis me prositente audita atque intellecta sunt. . And this is that which the same Cicero saith: What is so sworn, as the mind of the giver of the oath conceives it must be done, it must be kept. In Tacitus we read, Trembling and changing the words of the Oath by various arts, cónscious 
Histor. 4.  of their own wickedness. Augustin: They are forsworn, who, the words being 
Epist. 224. Lib. 2. de sum. bono. cap. 31. 1. citatur causa 22. quaest. 5. c. quacunque.  salved, have deceived their expectation to whom they have sworn. And Isidore: with whatsoever art of words one swears, God notwithstanding who is a witness of the conscience, takes it so as he doth to whom it is sworn. And this is that which is meant by the phrase Liquido jurare 
* Donatus ad illud in Andria: Quia si forte opus ad ●…erum jurejurandum mi●…i, Non opposuisse, ut liquido possim. Liquido, pure, & manifest. Nicetas in Alexio fraudem Andronicuses. Comneni culpans: Oportuit non quaesita locutione verba adulterare, sed ut concepta ea fuerant, cloqui. qui & alibi de Alexio contra sensum verba captante: ita verbis illis insidebat, ut musca vibici. Graviter in hanc regulam peccavit aula Arcadiana, quae effecit ut Chalcedone occideretur, is qui Constantinopolim, salute ipsi per jusjurandum promissa, venerat. Zozomen. lib. 5. Appian. de bello civili lib. 1. Pan. in c. clericus de jurejur. Sil. in verbo jurament. 4. 〈◊〉. 23. 6. 17. ibi. Thom. Heb. 6. 17, 18. . Therefore did Metellus rightly refuse to swear to the Apuleian Law, albeit there were some that said, the Law, by fault in the preferring of it, was void; and that the oath to the Law was so to be understood, if the Law were rightly preferred and made. For, albeit in other promises is easily understood some tacit condition, which may exsolve the promiser, yet is not that to be admitted in an oath. Pertinent here is that noble place of the Apostle to the Hebrews: God willing most abundantly to show unto the heirs of promise the immutability of his counsel, confirmed it by an oath: That by two immutable things, in which it was impossible for God to 
* Ita recte verti puto illud 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sicut aperta locutio vocatur veritas, Dan. 7. 16. & 8. 16. & 10. 1.  deceive, we might have a strong consolation. For the understanding of which words, we must know, the holy Writers often speak of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and rather according to that which seems to us, than that which is. For, God doth not truly change his D●…crees; yet is he 
Jona. 4. 1.  said to change and to repent 
* Concil. Tolet. 8. c. 2. Jurare namque Dei est à seipso ordinata nullatenus Convellere: paenitere verò, eadem o●…dinata, cum voluetit, convellere. Retulit Gratianus in causam 22. q●… 4. explicata vero ut in textu nostro. , as oft as he doth otherwise than the words seemed to found; to wit, by reason of a condition tacitly understood 
* Senec. vide Nat. Quaest 2. 37. , that ceaseth, Jer. 18. 8. Examples are frequent to be 
* Gen. 20. 3. Exod. 32. 14. 1 Reg. 21. 29. 2 Reg. 20. 1. Es. 38. 1. Jonae 3. 5, 11.  seen. In which sense also God may improperly be said to deceive us: and the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that appears in the said place to the Hebrews, is wont to have the signification of an event frustrating hope, as we may see in sundry 
* Levit. 6. 2. Jos. 24. 27. Es. 58. 2. Ose. 1. 2. Abac. 3. 17. Job 41. 6. Ose. 9 2.  places. And this proceeds most easily in comminations, because they do not confer a right on any; in promises sometimes, to wit, where a certain condition is secretly couched. Therefore doth the Apostle name two things, that note immutability, the promise, because it gives a right; and the oath, because it repels tacit, and in some sort latent conditions; as we may see, 
† Psal. 89. 30, 31, 32, 33, 34, 35, 36.  Psal. 89. For, 'tis another thing if the very nature of the business openly declare some conditions. Whereunto some refer that which is read, Numb, 14. 30. But it is more true, that the promised land is by oath appointed to them, not the persons, but the people, that is, to the posterity of them, to whom God had sworn, v. 23. And such a promise may be fulfilled at any time, nor is limited to certain persons.   

XXIX. An oath deceitfully procured, when binding. Of Joshuah's oath.  
BY that which is said, may be understood what is to be judged of an oath procured by deceit. For, if it be certain, that he who sweareth supposeth something done, which indeed is notso 
* Ut Hippolytus, de quo modo diximus. ; and 
Navar. c. 12. n. 13.  that, unless he had believed it, he would not have sworn, the oath will not bind: But if it be doubtful, whether he would not, even without that, have sworn the same, he must stand to his word, because the greatest simplicity, that can be, agrees unto an oath. And hither do I refer the oath, which Joshua and the Princes of the people of Israel swore to the Gibeonites. 
Josh. 9  They were indeed deceived by the Gibeonites, feigning that they came from a far Country. Yet did it not follow thence, that Joshua and the Princes, had they known their vicinity, would not have spared them. For, what they said to the Gibeonites, Peradventure ye dwell among us, and how shall we make a league with you? may have this sense, that the Gibeonites may be asked, what league they desire, whether Social, or of dedition: or also, that the Hebrews may show, it was not lawful for them, with certain people, to enter into a social league: 
Deut. 20. 10.  and not, that they may deny, life might be given to those that yield themselves. For, the divine Law, which devoted those nations to destruction, by comparison 
† Imo & ex causa Legi do internecione addita, Ex. 24. 33. Deut. 7. 4. cessat enim ea causa in illis qui praecepta fillorum Noae suscipiunt, & tributa pendunt. Ita Malmonides, & Samson Micosi, & Moses de Kotzi in praecepto jubente 15, & 108.  with another law, was so to be understood, that it had place, except in them, that being summoned were ready to obey. Which is proved, as by other arguments, so by the history of Rahab 
* Et Gazere habitantium, Jos. 16. 10. Gergesaeos ad Christi usque tempora superstites fuisse ex Evangelio apparet, Matt. 8. 28. nam high ab initio se dediderant; Ideo omittuntur in hostium enumeratione. Deut. 20. 17. Jos. 9 1. , who was spared for her good deserts; and of Solomon, who received the relics of the Canaanites under Empire and tribute. And to this purpose is that we read in the Book of Joshua 
* Jos. 11. 19, 20. 2 Sam. 21. 6. De Officiis l. 3. c. 10. , That there was not one City of the seven Nations, which made their peace: for they were hardened, that mercy might not be showed them. Wherefore, sith it was credible, if the Gibeonites had told the plain truth, which for fear they did not, they should nevertheless have obtained their lives, and saved themselves on condition of obedience, the Oath was of force, in so much that afterward most grievous revenge was taken by the hand of God for the violation of it. Ambrose treating upon this story: Joshua (saith he) thought not sit to recall the peace which he had granted them, because it was confirmed by the Religion of an oath, lest while he condemned their fraud, he should lose his own credit. Notwithstanding, the Gibeonites, being now by their dedition become subjects of the Hebrews, sustained some punishment for their craft; For, they were put under a certain personal servitude 
† Ut Brutiani olim à Romanis, Gellius 10. 3. Festus verbo Brutiani. , when, if they had dealt openly, they might have been received into a tributary condition.   

XXX. The words of an oath not to be extended too far.  
YEt is not the signification of an oath to be extended beyond the received custom of speech. Therefore they were not perjured, who, when they had sworn they would not give their daughters in marriage to the Benjamites, permitted the ravished to live with the raptors. For, 'tis one thing to give; another thing not to require that which is taken away 
† Nec hortabantur Israelitae, nec prohibebant, ait in hac historia Josephus. Seneca excerptorum 6. 2. Lex eum tenet, qui juvat exulem, non qui patiatur juvari. . Ambrose, of this deed: Which indulgence seemeth to carry with it a congruous revenge upon their intemperance, when they were permitted only to enjoy whom they had ravished, without the solemnity of marriage 
* De Officiis lib. 2. c. 14. Livius lib. 39 . Whereto is not unlike, that the Achaians, when the Romans allowed not of some things done by them, and confirmed by oath, requested them to alter what themselves pleased; and not bind the Achaians with religion to make the things void, which by oath they had established.   

XXXI. An oath binds not, being made of unlawful matter.  
THat an oath may be of force, it is requisite the obligation be 
* Tractat hoc bene Ambrose de offic. 1. & alii relati in causae 22. quaestionem 4. Pertinet huc Canon 7. Concil. Hilerdensis relati in Tom. 3. Conciliorum Galliae, & in Hincmari opusculis non pauca.  lawful. Wherefore a sworn promise of a thing unlawful, either naturally, or by divine interdict, or by human also (of which hereafter) will have no force at all. Well saith Philo the Jew 
* Philo de special. Leg. : Whosoever, for his oaths sake, goes about any injust action, let him know, he is not an observer, but an eversor of an oath; which is worthy of great care and religion, and wherewith honest and righteous things are wont to be confirmed. For he adds one fault to another; to an oath not rightly made, and from which it had been better to abstain, he adds an act unlawful. Wherefore, abstaining from the unjust action, let him pray to God, whose property is to have mercy, that he may obtain his pardon. For to choose a double evil, when one may be eased of the one half, is extreme folly and madness, An example hereof may be given 
1 Sam. 25. Lib. 2.  in David, who spared Nabal, whom he swore he would kill. Cicero mentions a like example in the vow of Agamemnom; Dionysius Halicarnessensis in the conjuration of the Decemviri about oppressing the Commonwealth. 
† Seneca: Praestare fateor posse me tacitam fidem, si scelere careat: interim scelus est fides. Ubi interim valet interdum.  Ambrose 
* Offic. 1. c. ult. : It is sometimes against duty to perform a promise, to keep an oath. Augustin: If one's faith be pawned to commit a sin, it is strange to call it faith. Basil saith the same, in his second to Amphilochius.   

XXXII. Or, which hinders a greater moral Good.  
YEa, although what is promised be not unlawful, but hinders a greater moral good 
† Quale Honorii de pace nunquam facienda cum Alarico, Zozimo Harr aunt. Vide Concil. Hilerd. d. loco. Hincmarum quoque dicto opusculo ad interrogationem 14. , in this case also the oath will not be of value. The reason is, because we owe to God proficiency in good, so that we may not take away from ourselves the liberty thereof. Hither pertains a remarkable passage of the forecited Philo, worthy to be read here: Some are of so hard and unsociable a nature, either haters of mankind, or enslaved by that cruel mistress anger, that they grow more obstinate in their freity of manners by swearing, they will not admit such a one to their Table or within their doors, they will never do him any good, they will never receive any thing from him till death. That he saith, some swar never to do good to such or such 
* Vide Baba Kama c. 9 sect. 10. & ib●… notata à doctissimo. Conslantino. Levit. 5. 6. Mat. 15. 5. , the Hebrews called this A vow concerning beneficence. The form whereof, as the Hebrew Masters have it, is agreeable to that Korban in the Gospel, of this sense: Be it a gift ded●…cated to God, whatsoever good thou mightest ever receive from me. The vow, the penalty of consecration being added, was judged very valid by the Hebrew Masters (the worst interpreters in this part of divine Law) though 'twere made against one's parents: which, in that place, is refuted by Christ, in whose words to honour is to benefit, as appears by comparing the place 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  in Mark, and 1 Tim. 5. 3, 17. and Numb. 23. 11. But against whomsoever it is conceived, we shall rightly pronounce the oath not obligatory, because, as we have said, it is against proficiency.   

XXXIII. Of oaths about things impossible.  
WE need not speak of things altogether 
Ad impossibil●… neminem obligari.  impossible: for it is manifest enough that no man is obliged unto such. But, for that which is impossible for the time, or upon supposition, the obligation is pendent, so that he who hath sworn upon a supposition, is bound to do his best endeavour, to render that possible which he hath sworn.   

XXXIV. In oaths God is named, and in what sense.  
THe form of swearing differs in words, agrees in deed. For it ought to have this sense, that God may be invoked, to wit, in this manner, God be witness, or God be Avenger, which two are coincident. For, when a Superior having right of punishing is called to witness, there is withal asked of him a revenge of perfidiousness 
† Ambrose ad Valentinianum ●…mp. Quid est jurare, nisi ejus quem testare fidei tuae praesulem divinam potentiam consiteri? Vide formulam insignem Chagani Avarorum apud Menandrum exce●…ptis Legationum. : and he that knows all things is a revenger, because a witness. Plutarch 
* Quaest Roman. : Every oath ends in imprecation, if one shall be perjured. Hither pertain the old forms of leagus, wherein it was the custom to use sacrifices, as appears, Gen. 15. 9, etc. As that Roman form in Livy 
† 〈◊〉 jupiter ita illum ●…ito, ut ego hunc porcum. Liv. lib. 1. Lib. 21. Deos precatus ita se mactarent, ut ipse agnum mact asset. Sisciens fallo ita me D●…espiter ejiciat, ut ego hunc lapidem. : Thou O Jupiter so sm●…e him, as I do this Hogg. And elsewhere; Praying the Gods they would so slay him, as he had slain the Lamb. And in Polybius and Festus: If wit●…ingly I deceive, solet Die piter cast me away, as I cast away this stone.   

XXXV. In oaths also other things are named, with respect to God.  
MOreover, it is an ancient custom to ●…wear by other things named, & by other persons; either because they wished those to be hurtful to them, as the Sun, the earth, the heaven, the Prince; or because they desired to be punished in the same, as in their head, in their children, in their Country, in their Prince. Nor was this the custom of profane nations only, but of the Jews, as Philo 
* De special. Legitus.  sheweth. For he saith, men that are about to swear, ought not for every matter presently to have recourse to the maker and father of all things, but to swear by their parents, by heaven, earth, the universe. Wherewith agrees, what the Interpreters of Homer note, that those old Greeks were not wont hastily to swear by the Gods, but by other 
* De Socrate Apollonius apu●… Philostratum 6. Jurabat per ista, non ut per Deos, sed ne per Deos juraret.  things present, as, by this Sceptre: and that the same was constituted by the most righteous King Khadamanthus, is delivered by Porphyry and the Scholiast upon Aristophanes. So we read, that Joseph swore by the life of Pharaoh, according to the manner of the Egyptians, noted there by Abenesdras; Elisha, 
Gen. 42. 15. 2 Reg. 2. 2. Add 2 Reg. 4. 30. Cant. 2. 7.  by the life of Elija. And truly Christ, in the 5. of Matthew, doth not, as some think, pronounce these oaths less lawful, than the other made by the express name of God: but, whereas the Hebrews less regarded these, out of an opinion like to his who said, He did not think the sceptre to be God, He shows that these also are truly oaths. For Ulpian too hath 
L. Qui per D. de jurejur. Ita & Grat. causa. 22. quaest. 1. Matth. 23. 21.  very well said; He that swears by his life, seems to swear by God; for he swears with respect of the Deity. So saith Christ, He that sweareth by the Temple, sweareth by him that dwelleth therein: and, he that sweareth by heaven, sweareth by him that sitteth thereon. But the Hebrew Masters of those times were of opinion, that men were not bound by the oaths made by Creatures, except a penalty being added, as, if the thing of which the oath was made, were consecrated to God. For, this is the oath Korban, or of the gift, whereof, not only in the said place of Matthew, but in the Laws also of the Tyrians, mention was exstant, as we learn out of Josephus' disputation against Appion 
* Nec aliunde arbitre●… Orientis papulos dictos Graecis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quae vox apud Aeschylum & Euripidem exstat. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, apud eundem Aeschylum. . This error therefore, in that place, Christ opposeth. Tertullian saith, the ancient Christians swore by the life of the Prince more sacred than all Genii. In Vegetius there is a form, above mentioned, wherein the Christian soldier swear, not by God only, but also by the Majesty of the Emperor, which is next to God to be loved and honoured.   

XXXVI. Of swearing by false Gods.  
ANd, if one swear by false Gods, he shall be bound 
† Liber Sap. c. 14. ut vertit Latinus: Non enim juratorum virtus, sed peccantium poena perambulat semper injustorum praevaricationem. Aug. epist. ad Pub. 154. ; because, though under false notes, yet in a general notion, he looks upon the Deity: wherefore the true God, if one swear falsely, interprets it to be done to his dishonour. And we see that holy men, though they never gave an oath under that form, much less did they ever swear so; which I wonder is permitted by Duarenus; yet, if the persons with whom they dealt, could not be drawn to swear otherwise, they contracted with them, themselves truly swearing as they ought, but receiving from them such an oath as could be had. We have an example hereof in Jacob and Laban, Gen. 31. 53. This is that which 
* Se●…m. 28. de verb. Apostoli. citatur c. ecce dico, causa 22. qu. 5.  Austin saith: Even he that swears by a stone, if he swear false, is 
† Et qui per lapidem jurat, si falsum jurat, perjurus est. Non te audit lapis loquentem, sed punit Deus fallentem. Augustin.  perjured. After: The stone hears not thy words, but God punishes thy fraud.   

XXXVII. The effect of an oath.  
THe principal effect of an oath, is to end controversies, as the divine writer to the Hebrews saith: and likewise Philo, An oath is God's testimony of a thing in question: and Halicarnassensis, The last 
* Procopius Persicor. 2. Jusjur andum quod ab hominibus habetur omnibus ultimu●… atque firmissimum & fidei mutuae & veracitatis pignus. Diod. ' Sic. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  confirmation among men, both Greeks and Barbarians, which no time will abolish, is that which by oath calleth the Gods to be Sureties of their Covenants. So, to the Egyptians was an oath the greatest assurance among men. Wherefore he that swears is under a double tye, first that the words agree unto his meaning, which Chrysippus calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, next that the deed agree unto his words, which he calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. He that offends in the former, is said by the same Chrysippus 
* Hoc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vetatur Exod. 20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Levit. 19 ut Hebraei volunt praecepto jubente 240. , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in the later 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, very distinctly, though the terms are wont sometimes to be confounded.   

XXXVIII. When an oath gives aright to God and man, when to God alone.  
ANd verily, if the matter be such, and the words so conceived, that they be referred not to God alone, but to man, a right doubtless will be acquired by man out of the oath, as out of a promise or contract, which ought to be understood most simply and plainly. But, if either the words do not respect man, by conferring upon him a right; or, if they do respect him, but there is somewhat which may be opposed against him; then, such will be the force of the oath, that indeed he can attain no right, yet nevertheless he that hath sworn is bound to God to stand to his oath. An example hereof is in him, who by unjust fear gave cause to a sworn promise 
† Austin teacheth, that an oath extorted by force is also to be kept for the reverence of God. Epist. 124, 125. Ezech. 17. 12. 13. 15. Jerem. 29. 7. Tantum temporibus illis juramentum valebat. Cic. Offic. 3. Tolet. l. 4. c. 22. . For he attains no right, or such as he ought to render, upon this ground that he gave cause to the loss. So we see the Hebrew Kings, both reproved by the Prophets, and punished by God, because they kept not their faith sworn to the Babylonian Kings. Cicero commends the Tribune Pomponius, who performed what being compelled by terror he had sworn. So much, saith he, in those times did an oath prevail. Wherefore it was not only the duty of Regulus to return to prison, how unjust soe'er it was; but of those ten also, whom Cicero mentions, to 
Offic. 3.  return to Annibal: for they were obliged by their oath. 
Tho. 2. 2. 89: art. 7. & ibi Cajet. Alex. Imol. in c. verum de jurejur. Solo lib. 8. q. 1. art. 7.    

XXXIX. Of an oath to a Pirate, or to a Tyrant.  
NOr is it thus only among public enemies, but among all: For, the person alone to whom we swear, is not respected; but He by whom we swear 
* Gregoras: Perjurium Deo culpam impingit negligentiae. , God, who sufficeth to create an obligation. Cicero therefore is to be rejected, when he saith, it is no perjury, if the price promised for life be not brought unto Robbers: because a Pirate is not a determinate but a common enemy of all, with whom we ought to have no society either of faith or oath. Which is also said by him elsewhere of a tyrant; and by Brutus, in Appian, With a tyrant, the Romans 
Civil. 2.  have no faith, no Religion of an oath. But, as in the constituted Law of Nations it is true, and shall be showed hereafter, that an enemy differs from a Pirate; so cannot that difference have place here, where, though the right of the person is deficient, God is concerned 
† Plutarch Lysandro: Qui juramento hostem circumvenit, is ostendit à se hostem metui, Deum contemni. : for which reason an oath is called by the name of a vow. Besides, it is not true which Cicero assumes, that there is no society of right with a Robber. For 'twas well answered by Tryphoninus, that a thing deposited is to restored to a thief 
* Et ei qui regnum sine jure invasit: quomodo Oroferni depositum redditum à Prienensibus. Polybius & Diodorus Siculus in excerptis Peiresianis. , by the very Law of Nations, if the owner thereof appear not. Wherefore I cannot allow that which is delivered by some, that he who hath promised some thing to a Robber, may satisfy his conscience with a momentaneous payment, so that it may be lawful for him to recover what he hath paid. For the words, in an oath, as to God, are to be understood most simply and with effect. And therefore he that returned secretly to the enemy, and again departed, made not good his oath concerning his return, as it was rightly judged by the Roman Senate.   

XL. Of an oath to one that is perfidious.  
BUt that of Accius 
* 
— T. Fregisti sidem. (piam.  
A. Quam neque dedi, neque do infidels cui-  , T. Thou hast brokeiss thy faith. A. Which I neither gave, nor give to any one that is unfaithful, may be allowed of in this sense, 
L. sicut in fine. de jurejurando c. pervenit quod est 3. de jurejur. Add L. Liege sun. in fine D. de lege Commiss.  if the sworn promise had openly respect unto another promise, which was as it were an implicit condition to it; not, if the promises be of divers kind, and without mutual respect; For than must every one keep that which himself hath sworn. And upon this ground Regulus is praised by this compellation of the Poet:  
Thy Memory is lasting, thy Fame growth:  
'Cause to th' unfaithful thou hast kept thy oath. 
Silius.   
The Psalmist, where he enumerates the virtues of a good man, adds this: Having sworn to his own hurt, he changeth not. 
Psal. 15.    

XLI. Of the Heirs obligation.  
HEre is to be noted, whensoever the person hath no right, by reason of some such defect which we have said, but the obligation is to God, in this case the Heir of him that hath sworn is not bound. Because, as goods pass to the Heir, that is, such goods as are in the commerce of men, so do the burdens accompanying the goods pass with them; and not other things, which one oweth out of the duty of piety, favour, or faith. For these do not pertain to that which is strictly called right among men.   

XLII. Two cases wherein the obligation ceaseth.  
BUt also where the person hath a right, if yet the oath regard the utility of any one, and he refuseth 
† Plautus Rudente: Jurisjurandi rogo gratiam facias.  it, he that hath sworn shall not be bound. Neither shall he be bound, if the quality 
* Similia vide in L. si duat. Sect. Gentium. D. de excus. tut. & apud Gailium 2. observ. 144. num. 8. & de Arrest. 10. 9 & apud Azor. Instit. mo●…. 5. 22. q. 6. p. 1.  ceaseth under which he hath sworn to any: as, if a Magistrate cease to be a magistrate. Curio in Caesar †, to those that had been the soldiers of Domitius, speaks thus: How could he hold you bound by oath, when having cast away his authority and left his command, being a private man and a captive, himself was come under the power of another? And after he saith, the oath was voided by 
* Lib. 2. de bello civ.  the loss of his place. 
* Capitis diminutione.    

XLIII. Of that which is done against ones oath.  
IT is a question, whether that which 
C. dilecto. de praeben. Covar. in d. c. quamvis p. 2. sect. 2. n. 10.  is done against ones oath be unlawful only, or also void. Of which I think we must distinguish thus: that if ones faith be only engaged, the act done against oath is valid, namely a testament, or sale; not valid, if the oath be so conceived, that withal it contains a full abdication of power to that act.   

XLIV. What Superiors can do about the oaths of their subjects.  
THe acts of Superiors cannot so far 
August. epist. 240, 241.  prevail, that an oath, so far as it was truly obligatory, is not to be performed: for that is of natural and divine right. But because our acts are not fully in our 
Tho. 2. 1. qu. 89. art. 9  own power, but so that they depend upon our Superiors, therefore may there be a twofold act of Superiors about that which is sworn, the one directed upon the person of him that swears, the other upon the person to whom he swears. Upon the person of him that swears it may be directed, either before the oath is taken, by making such oath void, in as much as the right of the inferior is contained under the power of the superior; or after the oath is taken, by forbidding it to be fulfilled. For, an Inferior, as Inferior, could not bind himself, but so far as it should please his Superior: for he had not more ample power. Thus, by the Hebrew Law, Husbands made void the Oaths of their Wives, Fathers of 
C. Venientes dejurejur. c. 1. de prohibit. feud. alien. per Fed.  their Children, which were not yet in their own power. Seneca 
† Lib. 4. de Bonefi●. 35.  proposes this question: What if a Law be made, that none shall do, that which I have promised my Friend I will do? and answers, The same Law defends me, which forbids me. But, the act also may be mixed of both, as, if the Superior ordain, what the Inferior shall swear in this or that case, namely, out of fear, or weakness of judgement, shall be of force, if it be approved by him. And upon this ground may be defended those absolutions of oaths, which of old 
* Sueton. Tib. 35. sic & in Hispania diu usurpatum notat Ferdinand. Vasquez de success. create. l. 2. sect. 18. L. ult. ad mun. Molin disp. 149. c. si vero: dejurejur.  were exercised by Princes, and are now, by the will of Princes, exercised by the Prelates of the Church, for the better securing of piety. Upon the person of him to whom one swears, the act may be directed by taking away from him the right which he hath gotten, or also, if he have no right, by forbidding his emolument out of such an oath; and that two ways, either for his punishment, or for the public good, by virtue of supereminent dominion. Hence also may be understood, if the party swearing be not of the same country with him to whom the oath is made, what his or the others Rulers may do concerning it. But, he that hath sworn and promised something to a nocent person as such, namely, to a pirate, cannot therefore take away from him, in the way of punishment, the right which he hath gotten by the promise: because then the words would have no effect, which by all means is to be avoided.   

XLV. What oaths are properly meant in the charge of Christ against swearing.  
HEre it is observable by the way, that the words of Christ and of James against swearing, do not properly belong to an assertory oath, whereof are some examples in the Apostle Paul, but to the promissory of a future uncertain thing. This evidemtly appears by the opposition in the words of Christ: Ye have heard, it hath been said to them of old, Thou shalt not forswear thyself, but shalt render to God thy oath. But I say unto you, swear not at all; and the reason given by James is this, 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Lest ye be found deceitful 
† Eum sensum vox 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Hellenistas habet, ut apparet I●…h 34. 30. Ma●…. 24. 51. & alibi. : for that is the meaning there. The same is proved by the words of Christ; But let your Communication be yea, yea; nay, nay: which is expressed by S. James thus; But let your yea be yea; and your nay, nay 
† ubi manifeste est figura quam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rhetores vocant, ut in illo, ex illo Corydon Corydon est tempore nobis. Et in altero simili: Ad illum diem Memmius erat Memmius. . Where the first yea, and nay, signifies the promise, the later its performance. For yea is a word of promising: whence it is explained by Amen, Apoc. 1. 7. and of the same signification among the Roman Lawyers are the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and quidni, in answer to a stipulation. For the impletion of a promise, it is taken in that place of Paul, where he saith, All the promises 
2 Cor. 1. 20.  of God in Christ are Yea and Amen. 
2 Cor. 1. 18, 19  Hence the old saying of the Hebrews, A just man's yea is yea, and his nay is nay. On the contrary, whose deeds disser from their words, with them is said to be yea and nay: that is, their yea is nay, and their nay is yea. So the Apostle himself expounds it: for when he had denied himself to have used lightness, he addeth, his speech was not yea and nay 
† Festus varias, referens sententias de significatione vocis naucum, sic scribit: Quidam aiunt ex Graeco 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. levem hominem significari. Recte in hoc Fes●… loco scrips●… is, ut saepe apud Homerum: td enim ad v●…cem nauci propius accedit. . Now, if yea and nay signify lightness, it follows, that yea yea, nay nay, signify constancy. Christ therefore saith the same with Philo 
* De Decalogo. , It is best and most pros●…able, and to the rational nature most convenient, to abstain from swearing, and so to accustom one's self to veracity, that one's word may be taken for anoath 
† Idem Philo de special. leg. Viri boni oratio pro juramento sit firmo, immutabili, sallere nescio, . Josephus of the Essens: Whatsoever they say is firmer than an oath: and to swear is accounted, among them, a thing supersluous. From the Essens, or those Hebrews whom the Essens followed, this seems received 
† Name & Hermippus Pythagoricus Pythagorae Philosophiam ab Hebraeis ductam dicebat, teste Origene contra Celsum. Idem & Josephus Heb●…aeus prodidit, & Ja●…blichus Pythagoricus.  by Pythagoras, whose sentence 'tis, Let no man swear by the Gods, but every one take care of his credit, that he may be believed without an oath 
* Philo: I am ●…nim is à quo jusjurandum exigitur, perfidiae est sulpectus. Sophoclis Oedipode Coloneae dixerat Oedipus: Nolo te adigere jurejurando ut malum. Respondet Theseus: Nec plus haberes inde quam vocis sonum. Marcus Antoninus in viri boni descriptione: Nec opus habens jurejurando. Chrysost. de statuis 15. Si ●…edis veracem esse eum quicum tibi negotium est, noli ei jurejurandi imponere necessitatem; quod si scis fore ut mentiatur, ne coge eum & pejerare. . The Scythians say of themselves to Alexander, as Curtius relateth, Think not that the Scythians confirm their friendship by oath: 
* Colendo fidem jur●….  they swe●… by keeping their word. 
† Cicero pro Roscio Comoedo: Quae poena à Diis immortalibus p●…juro, haec cadem mendaci constituta est: Non enim ex pactione verborum quibus jusjurandum comprehenditur, sed ex perfidia & malitia per quam 〈◊〉 tenduntur alicui, Dii immortales hominibus irasci & succensere consuerunt. Solonis dictum celebratur: Ea esto probitate, u●… ei magis quam juramento credatu●…. Clemens quoque Alexandrinut dixit viri boni esse, Fidem promissi ostendere in Verborum ac vit●… stabilitate & constantia. Alexis Comicus: Mutus mei pro Jurejurando v●…lent.  Cicero relates in his Oration for L. Cornelius Balbus, When one at Athens, who had lived amongst them in great repute for his gravity and sanctity, had publicly given his testimony, and approached to the Altars to make his oath, all the Judges with one voice reclaimed, and would not let him swear; because they would not have it thought, that truth depended more upon the religion of an oath, than upon the word of an honest man. With the saying of Christ well agrees that of Hierocles upon the golden verses: He that in the beginning said, Reverence an oath, therein gave a precept to abstain from swearing about such things, which may be done and not done 
* Bene hoc animadvertit Chrysostomus de statuis 12. Periculosum est de suo actu jurare, multa enim nobis eripit ipsa rerum natura, subjecta casibus. , and are of an uncertain issue. For such things are little to be regarded, and are mutable, and therefore neither are they worthy of an oath, nor is it safe. And Libanius accounts it among the praises of a Christian Emperor, He is so far from perjury, that he is even afraid to swear the truth 
† Eustachius ad illud Odysseae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sic ait: In rebus incertia non ad asseverationem Juramentum adhibendum, sed preces pro bono exitu. .   

XLVI. Of faith given without an Oath.  
THerefore in many places, in stead of swearing, it was invented, that faith should be bound by giving the right hand (which was 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Diod. lib. 16.  the firmest bond of faith among the Persians) or by some other sign: which was of that force, that if the promise were not fulsilled, the promiser was accounted no less 
Pan. in c. ad Aurel. De his quae vi vel metus causa. Jas. in lib. 3. 〈◊〉. surari. D. de jurejur. Myns. obs. 17. Cent. 1.  detestable, than if he had forsworn himself. Principally of Kings and Princes it is a most usual saying, Their word is as strong as an Oath. For, they ought to be such, that they may say with Augustus, Bonae sides sum, My credit's good; and with Eumenes, I will lose my life sooner than my credit 
† Guntherus Ligurinus: N●…do jus & r●…verentia ve●…bo Regis inesse solet, quovis juramine major. De Evagora Salaminis rege Isocrates: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Symmach. 10. 19 Nunquam major spes, quam in bonorum Principum sponsiove. Nicetas de Alexio Isaci fratre lib. 3. Regibus jurisjurandi fides ante omnia alia ponenda est. . Caesar's right hand is praised by Cicero for firmness in keeping promises, no less than valour in wars and battles: and in the Heroical times the Sceptre lifted up went for the Oath of Kings, as Aristotle hath noted, 3. Polit. 14.   

XLVII. OF LEAGUES. They are lawful with aliens from true Religion, by the Law of Nature.  
League's are Covenants or Agreements made by command of the highest powers: wherein the parties are bound over to the divine wrath, in case they break their faith. It is a famous question, Whether they may be entered into with those that are aliens from true Religion: which in the Law of Nature hath no doubt or difficulty; for that Law is so common to all men that it admitteth not any difference of Religion. But the question is about the Law Divine: out of which it is discussed, not by 
* Antoninus, Cajet. Tolet. Molina, Valdesius, Malderus. Tho. 2. 2. qu. 10. art. 10. Oldr. cons. 71. Decian. 3. cons. 20.  Divines only, but by some Lawyers too, and amongst them by Oldradus and Decianus.   

XLVIII. They are not universally forbidden by the Hebrew Law.  
FIrst let us consider of the old Divine Law, and after of the new. It was lawful, before the Law of Moses, to contract a League with aliens from Religion, for an offensive and harmless behaviour. We have an example in the League of Jacob 
Gen. 31. 44.  with Laban: to say nothing now of Abimelech, seeing it is not certain he was an Idolater. Nor did the Law given by Moses make any change. The Egyptians may be an example: who were then (no doubt) Idolaters; yet are the 
Deut. 23. 7.  Hebrews forbidden to be averse from them. The seven Nations are to be excepted, condemned by divine sentence, whereof the Israelites were delegated to be the executioners. For these persisting in their Idolatry, and refusing to submit, might not be spared; to whom, by divine decree, were added the Amalekites. 
Deut. 7. 1.  Leagues of commerce also, and such like pertaining to the utility of both or of either 
Deut. 25: 17.  party, are by the Law permitted with the profane: for nothing is found to hinder them. And we have the examples of Leagues which David and Solomon made with Hiram King of Tyrians: and it is observable, that in the sacred history the league made by Solomon is said to be made according to the wisdom which God had given him. Indeed, the Law of Moses specially commands, to do good unto their Countrymen; Moreover, 
Levit. 19 8. Deut. 22. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  the peculiar diet and course of life, prescribed to the Jews, did scarce admit any familiar conversation with other people. Yet doth it not follow hence, either that it was not lawful to do good to foreiners, or that it was not also laudable, which the ill Interpretation of later Masters, not rightly, hath collected thenee. And therefore Juvenal saith of the Jews, That they would not show the way to any differing from them in Religion. Where, by the example of showing the way, are signified easy courtesies and benefits that may be done without any trouble or charge; such as Cicero and Seneca say are 
Offic. 1. De benes. 6. 9  to be done to strangers, whom we never saw before. To the same purpose is that of Tacitus of the same Jews; Among 
Histor. 5.  themselves they are of obstinate faith, and very merciful; to all others they bear an hostile hatred. So, in the New Testament we often read, that the Jews have no dealing with other Nations; and Apollonius Mola objected to them, that they admitted not those, that had different opinions of God, nor had any thing to do with men of another institution 
† Amici Antio●…i apud Diodorum Judaeos accusant, Solos ex omnibus populis insociabiles esse ex 〈◊〉, it a ut cae●…os pro hostibus ducant. Sequitur de iisdem: cum nulla gente alia mensam habere communem, neque bene eos aliis velle. Mox eis tribuitur, odium humani generis. Et apud Philostratum Tyanenfis de Judaeis, vitae genus adeo secretum ab humano commercis repererunt, ut ne mensam quidem cum aliis communem habeunt. Sicut & passi●…n Judaeis apud Josephum objicitur, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . But, that this is not the sense of the Law, Christ hath taught us by his own example, when, being every where most observant of the Law, he refused not water from the Samaritan woman. And David long before sought for refuge among irreligious people, no where reprehended 
Antiq. 8. 2. Deut. 23. 6. Jud. 11. 16. 2 Sam. 10.  for it. Solomon in Josephus, dedicating the Temple, and praying, that God in that place would hear also the prayers of strangers, saith, We are not of an inhuman disposition, nor ill affected to those that are not of our own Nation. From this rule are to be excepted not only the Nations before mentioned, but the Ammonites too, and Moabites; of whom it is written, Thou shalt not seek their prosperity (so we turn it rather than their peace) nor their good all thy days. In which words beneficent leagues with them are forbidden, and not a right of War allowed; or to be sure (which is the judgement of some Hebrews) peace is forbidden to be asked of them not, to be accepted when 'tis offered. Certainly, a right of War upon the Ammonites is denied the Hebrews, Deut. 2. 19 Nor did Jephtha carry arms against them, but after he had tried the ways of an equal Peace; nor David, till he was provoked by cruel injuries. It remains, that we inquire about society in War. That this also, before the Law, was not unlawful with profane Nations, appears by the example of Abraham 
* Idem cum Escole & Anero foedus fecit. Sic & David cum Achilles & Na●…so: Solomon cum Aegyptiis: Asa cum Benadado. , aiding the wicked Sodomites with his arms. Nor do we find any thing in this matter generally changed by the Law of Moses. And this we see to have been the opinion of the Asmonaeans 
† Laus eorum est in Thargume Chaldaico, in libris Maccabaicis, in epistola ad Haebraeos. Horum exemplum secuti Impp. & Reges Christia●… foedera aut cum non Christianis, aut cum non sanè Christianis f●…cere, Constantinus cum Gotthis & Vandalis, Justinianus cum Longobardis, etc. Adi Johan. de Carthag. l. 3. De jure Belli Rom. Pontificis, c. 1. Julius' 2. Pontisex Turcis usus. , being both skilful of the Law and very reverend, as 'tis evident by their Religious observation of the Sabbath, no other use of arms being permitted, but only for self-defense. And these yet made a league with the Lacedæmonians and Romans, by the assent of the Priests and people: yea and publicly offered Sacrifice for their safety. Instances to the contrary have peculiar causes. For if beside those that were expressed in the Law, God had signified by his Prophets, any Kings or Nations to be odious to him, and condemned to an overthrow; to undertake the defence of them, or to join forces with them, was, without doubt, impiety. Hither perteins that of the Prophet to Jehosaphat touching the King of Israel: shouldest thou 
2 Paralip. 19 2.  help the ungodly, and love them that hate 
† Gratianus Valenti patruo contra Scythas opem petenti scripsit, Fas non esse socialia arma jungere cum eo qui Dei sit hostis. Zon tras. 2 Paralip. 25. 7.  the Lord? therefore is wrath upon thee from before the Lord. For Michaia the Prophet had already foretold an unhappy issue of the War. And that of another Prophet to Amaziah, O King, let not the Army of Israel go with thee: for the Lord is not with Israel, to wit, with any of the Children of Ephraim. Now, that this comes not from the nature of the League, but from some peculiar quality of the person, is evinced even hence; because Jehosaphat was heavily rebuked, a curse also being added, for this, that for commerce sake he had joined himself with 
2 Paralip. 20. 37.  Ahaziah King of Israel, and had entered into such a society, as David and Solomon had made with Hiram: whom we have said to have been, for that reason, partly not reprehended, partly commended. For, what is added, that Ahaziah 
2 Paralip. 16. 2, 7.  did wickedly, aught to be referred to his whole life: for which God was offended 
Es. 8. 6.  with him, and with all his erterprises, as this history is explained in the book entitled Clement's Constitutions. 
Lib. 6. cap. 18.  Moreover, this is to be noted, that their cause, who being sprung from Jacob had forsaken God well known unto them, was worse than the cause of strangers. For against those Revolters the rest of their Countrymen were armed 
* Add exemplum Josue cap. 22.  by a Law extant. 
Deut. 13. 13.  Sometimes also Leagues are blamed for some vice of the mind wrence they did proceed: so was As●… reprehended by the Prophet, for betaking himself to the society of the Syrian, upon distrust of God; which he had showed in sending to the Syrian things consecrated. But the same King was reproved too, because he had 
1 Paralip. 16. 12. Ambros. ad Roman. c. 3. Auct. imperf. ad Matth. c. 16.  placed his hope, not in God, but in Physicians. Wherefore, it doth not, from this history, more follow that it is evil, by itself, or generally, to contract society with such as the Syrians were, than to consult with Physicians. For, many things not unlawful are vitiated by the mind, as David's muster, and Ezechia's showing 
2 Sam. 24.  of his treasure. So elsewhere, confidence put in Egypt is reprehended, when it was 
2 Reg. 20. 13. Esa. 31. 1. 1 Reg. 3. 1.  lawful nevertheless for Solomon to contract affinity with the Egyptian. To all which, this is to be added, that the Hebrews, under the state of the old Law, had express promises of victory, if they kept the Law; the less need had they to have 
Deut. 28. 〈◊〉.  recourse unto human aids. Lastly, there are indeed extant in Solomon's Proverbs, 
Prov. 1. 15. 13. 20. 22. 24. 24. 1.  Sentences not a few, of shunning the society of wicked men: But these are the Advisos of prudence, not Precepts of Law; and those very Admonitions, as most moral sayings, are capable of very many exceptions.   

XLIX. Nor are they forbidden by the Evangelical Law.  
NOw, the Law of the Gospel hath 
Vict. de Indis rel●…ct. 1. n, 15. & 17. Fra. Arius de bello n. 192. Cajet. 2. 2. qu. 40. art. 1. M●…lin. tract. 2. disp. 112. Matth. 5. 45. Gal. 6. 10.  changed nothing in this business; yea, it hath a more favourable aspect upon leagues, whereby aliens from Religion, on just cause, are relieved; because, it hath not left beneficence to all sorts of men, upon occasion given, only free and laudable, but hath put it under precept. For, by God's example, who maketh his Sun to arise upon the good and evil, and sendeth rain to refresh them both, we are commanded to exclude no kind of men from our benefits. Tertullian said well: 
Lib. 7. c. 3.  So long as Israel only was his people, God did justly command mercy toward their brethren alone: But after that he gave unto Christ the Nations for his inheritance, and the ends of the earth for his possession, and that began to be paid which was promised in Hoseah, They that were not my people shall be my people, and the Nation that had not obtained mercy shall obtain mercy; from that time Christ hath extended unto all the Law of fraternal benignity, excluding none from our compassion, no more than from his vocation. Which words are to be understood, with differenee of degree, that we must be good to all, but especially to the professors of the same Religion. In Clement's Constitutions we read, It is our duty to communicate of our goods to all; yet so, that we have a special eye to the poor Saints 
† Perfecta liberalitas, inquit Ambrose office 1. 3. fide, causa, loco, tempore commendatur, ut primum oper●… ci●…ca domestic●…s fidei. Simile est illud Aristotelis; Neque enim par est aequalem curam subiri pro externis & pro amicis. Nic. 2 Thess. 3. 15. 2 Cor. 6. 14, 15. . Familiar conversation also with aliens from Religion is not prohibited: no not with them whose cause is worse, and who fall away from the rule of Christian Discipline, is all commerce interdicted, but familiar without necessity, not also that which affords any hope for their amendment. And that which is in Paul, Be ye not unequally yoked together with unbelievers: for what fellowship hath righteousness with unrighteousness? and what communion hath light with darkness? And what concord hath Christ with Belial? or what part hath he that believeth with an Infidel? pertains to those that feasted in the Idol-Temples, and so either committed Idolatry, or at least made a show thereof. This is manifest by the following words, What agreement hath the Temple of God with Idols? parallel to the words in the former Epistle to the same, Ye cannot be partakers of the Table 
1 Cor. 10. 21.  of the Lord, and the table of the Devils. Nor will the argument proceed rightly from this, that of our own accord we are not to submit to the Government of the profane, nor contract marriage with them: For in both these cases appears greater hazard, or certainly greater difficulty, to the use of true Religion. Add, that these bonds are more lasting, and in matrimony there is a free choice; when leagues are to be made according to the exigence of times and places. And as it is no evil to do good to the profane, so neither is it unlawful to implore their help, as Paul invoked the aid of Caesar and the Chief Captain.   

L. Cautions about such Leagues.  
HEre then is no intrinsical or universal 
Sylu. verbo bellum. 1. 9 3. Pan. in cap. quod super de voto.  pravity, but to be esteemed by the circumstances 
† Vide Oration. Phartazae ad Lazos apud Agathiam 3. Saxo lib. 9 in verbis Ludovici Regis Francor. ad Heraldum: Nullam posse animorum intervenirc concordiam dissona sacra complexis. Quamobrem petitorem 〈◊〉 primum religion i●… contubernio opus habere, neque magnorum operum cons●…tes existere posse, quos super●… venerationis formula disparasset. . For, heed must be taken, lest too much commixture bring contagion to the infirm: to which end it will be profitable, their seats should be distinct, as the israelites dwelled asunder from the Egyptians 
* 
Neque enim ratione ●…aret illud Alexandridae:  
Ego esse vester non queam commilito,  
Quando nec Leges, nec mores consentiunt,  
Sed multis inter se intervallis discrepant.  . Hither pertains, what we have elsewhere alleged, concerning the Religion of Jews and Christians in their fellow-soldiership with the Pagans. Again, if by such society the profane State be like to receive great increase, there will be no joining with them, except in point of extreme necessity. Wherein hath place, what Thucydides said in a like matter: They that are treacherously 
Lib. 1.  assaulted, as we are by the Athenians are not to be blamed, if they seek for safety, and secure themselves, by the aid, not of Greeks only, but Barbarians. For it is not every right, that is sufficient for the doing of that, which may be esteemed indirectly, if not directly, hurtful to Religion. Because, in the first place we must 
Matth. 6. 33. Fred. lib. 4, hist. Remens'. cap. 6.  seek the Kingdom of Heaven, that is, the propagation of the Gospel. It were to be wished, that many Princes and people at this day would take into their consideration that free and pious speech of Fulco Archbishop once of Rheims, admonishing Charles the simple thus: Who may not be afraid, seeing you covet amity with the enemies of God 
† Exemplum i●… Ma●…afa apud Nicetam reb●… Isaaci Angeli l. 2. Welfare the piety of Emanuel Duke of Savoy, who when he was able to take Cyprus by the aid of the Turk, refused it. , and to the overthrow and ruin of the Christian name take unto you Pagan arms, and enter into leagues detestable? For there is little difference between associating with Pagans, and worshipping of Idols, God being denied. In Arrianus is extant a saying of Alexander: They are great Offenders, who serve the Barbarians against the Greeks, contrary to the Laws of Graecia.   

LI. All Christians are obliged to join in League against the enemies of Christianism.  
HEre is to be added, sith all Christians 
1 Cor. 12. 18, 26.  are members of one body, and are commanded to be sensible of one another's pain, as this pertains to single persons, so doth it also concern Commonwealths as they are Commonwealths, and Kings as they are Kings. Nor ought every one, in his own particular only, but according to the power committed to him, to do service unto Christ. Now Kings and Commonwealths are not able to do thus, while an impious enemy overruns all with arms, except they mutually aid and assist each other 
† Ad hanc rem vide Marianam lib. 30. Parutam l. 4. Bezarum 7, & 12. , which cannot commodiously be effected without entering a League to that purpose. Which League hath been long since entered, and the Roman Emperor, by common consent, chosen Prince thereof; Wherefore it is the duty of all Christians, according to their power, to contribute men or moneys to this common cause: and I do not see how any can be excused for not doing so, unless they be engaged at home, and detained by some inevitable war, or other the like unhappy hindrances.   

LII. If divers Confederates wage ●…War, which is to be aided.  
THis question also is often incident, If divers wage war, to which of them he ought to give assistance, who is confederate to Both. Here first we must remember, that there is no obligation to unjust wars. He than is to be preferred who hath a just 
† In fidelitate Feudali dicitur: Et si scivero velle te aliquem juste osfendere, & inde generaliter vel specialiter fuero requisitus, meum tibi, sicut Potero, praesta●… auxilium.  cause of war, if he hath to do with one without; yea, if with one within the league. So 
* Orat. de Megalopo'i.  Demosthenes shows, the Athenians ought to assist their fellows the Messenians, against their other fellows the Lacedæmonians, if the injury begin from these. But this is true, so, unless it were agreed, that no aid should be sent against such a confederate. In the agreement of Hannibal with the Macedonians, it was an article, 
† Polyb. l. 6.  We will be enemies to your enemies, except the Kings, and Cities, and havens, wherewith we have league and friendship. Moreover, if the confederates quarrel upon causes unjust on both sides (which may happen) neither part is to be taken. So it is said in Aristides: Did they crave aid 
Leuctricâ 5.  against aliens, 'twere easy to answer: but, when one confederate opposes another, they would not mix in the business. But if confederates make war upon others, each upon just ground, if aids can be sent to both, viz. men or money, they are to be sent, as it is done about personal creditors: but, if his presence, who hath promised, be required; seeing he cannot be present with both, reason determines him to prefer that side, where with his League is more 
* Vide de Feudis lib. 4. c. 31. Libro 9  ancient: which the Acarnans tell the Spartans' in P●…lybius: and to the same effect is the answer of the Roman Consul to the Campanians, It is meet, our relations should so be ordered, that no elder friendship and society be violated 
† Amicis auxilia fer●…nda contra hosts, non contra amicos, dicit Ptolomaeus Athenisibus apud Appianum in Legationum excerptis. Sylvest. in verb. bellum, 1. 7. . Yet is this exception to be added: unless the younger league have, beyond the promise, some thing that contains in it, as it were, a translation of dominion 
* Vide Radevicum 2. 7. , that is, something of subjection. For so also, in vendition 
† Edicto Theodorici c. 138. , we say the former is to be preferred, except the later hath translated a dominion. So the Nepesins in Livy 
* Lib. 6.  held the faith of dedition more sacred than that of society. Some distinguish of these things more subtly, but what I have said, as it is more simple and plain, so I suppose it is more true.   

LIII. Of the dissolution of a League.  
THe time being expired, the League is 
Dec. Cons. 407.  not to be conceived tacitly renewed, unless by such acts, which do admit no other interpretation; For a new obligation is not easily presumed. If one 
Dec. Cons. 260.  part hath violated the league, the other may depart from it. For the several heads of the League have every one the force of a condition. For example may be that in 
Lib. 1.  Thucydides: They bear the blame of breaking the League, not, who being deserted betake themselves to others; but they, who perform not really that assistance which they had promised upon oath. Elsewhere in the same Historian: If either part transgress their Articles never so little, the Agreement's broken. But this is thus true, except it were otherwise conditioned; which is wont sometimes to be, that for every offence it may not be lawful to depart from the League.   

LIV. Of Interpretation.  
IF we look upon him alone, who hath promised, he is bound of his own accord to perform that to which he meant to bind himself. In a promise must be 
In fide quid senseris non quid dixer is cogitandum. De of 1.  considered, what you thought, not what you said, as Cicero hath it. But, because internal acts are not visible by themselves, and somewhat certain must be determined, lest there be no obligation at all, if every one might free himself by affixing on his own words what sense he please; by the dictate of natural reason, he to whom any thing is promised, hath a right to compel the promiser to that, which right interpretation suggesteth. Fo●… otherwise the matter would have no end, which in morals is accounted for impossible. In this sense, it may be, Isocrates, when he had discoursed of Covenants in the prescription against Callimachus (as the most eminently learned Petrus Faber hath rightly amended the place) saith, This Common Law we men perpetually use among ourselves; nor Grecians only, but Barbarians too, as he had said a little afore. Pertinent is that in the old form of Leagues in Livy, Without evil deceit, as those words here are most rightly 
† Vota interpretanda ut communiter sumuntur, notant Hebraei ad Num. 30.  understood 
Liv. lib. 1. Sine dolo malo, utique ea hic hodie rectissime intellecta sunt.  at this day. The measure of right interpretation is, a collection of the meaning out of signs most probable. If there be no conjecture drawing another way, the words are to be understood according to their propriety, not Grammatical, which is from their original, but from popular 
* Quem penes arbitrium est, & jus & norma loqueudi. Bene Procopius Vandalicorum 1. ubi de voce agit Faederatorum. Lo●…ga di●…s non solet serva●… voces in quibus prim●… datae sunt; sensu vertuntur enim res ipsae quae volunt homines, vocabula illa primitus imposita rebus nihil curantes.  use. Wherefore the Locrians used a foolish refuge for their perfidiousness, when, having promised they would stand to their agreement, so long as they stood upon the earth, and carried heads upon their shoulders, they cast out the earth put into their shoes, and threw away the heads of other men placed on their shoulders, as if by that means they could acquit themselves; The history is extant in Polybius 
† Polyb. 12. Simile quod Boeoti urbem polliciti reddere, non stantem, sed eversam reddidere. Thucyd. 5. Et quod Mahume●…s Sultana●…, Euboea Capta, eum dissecuit, cui caput incolume fore prom serat. ; and some other examples of like falseness in Polyaenus, which need not be transcribed, because they have no controversy. By such frauds, Cicero 
* De Offic. l. 3.  said honestly, perjury is bound faster, not dissolved.   

LV. How words of Art are to be interpreted.  
TO Words of Art 
* Augustin. in Rhetor. ut multa nova tam à technicis & Mathematicis quam à Philophis cognominantur, accipere debemus, non tam pro solito usu consuctudinis, quam pro conditione praecepti. , which the people hardly understand, is to be applied the definition of men skilful in every Art: as, what is Ma●…esty, what is Parricide: which the Masters of Oratory refer ad statum finitivum. For Cicero 
* Acad. 1.  said truly, Logicians have no vulgar terms, they use their own: and so do almost all other arts. So, if in an Agreement an Army be spoken of, we shall define an Army to be such a number of Soldiers, which openly dares invade the territories of an enemy. For Historians usually do oppose that which is doom privily, or after the manner of robbers, and that which is done by a just Army. Wherefore in proportion to the enemy's strength, it is to be judged of what forces an Army doth consist. Cicero 
Paradox 6.  makes it to consist of six legions and the Auxiliaries. Polybius saith, the Roman Army for the most part did contain sixteen thousand of Romans, twen●… of aids. But a less number also may 〈◊〉 up the greatness of that name. For Ul●…na saith, he is leader of an Army, wh●… 
L. 2. D. de hu qui not. insamia. Lib. 3. c. 1.  commands but one Legion with the aids: that is, as Vegetius expounds it, ten thousand foot, two thousand horse. And L●…y sets down a kind of just army of eight thousand. In like sort must we judge of a Navy. So, a Fort 
† Servius ad i. Aen. Arces dictae ab eo quod est arceo: quod inde hostes arcentur, hoc est, prohibentur.  is a place which can keep off the hostile forces for a time.   

LVI. Interpretation by Conjecture.  
COnjectures are usually taken from the matter, and the effect. From the 
L. si uno. D. loc. conduct. Ever. in loco à subjecta materia.  matter: as the word day, if thirty days truce be agreed on, ought not to be understood of natural days, but of Civil: for that is congruous to the matter. So the word donare, to give, is taken for to transact, according to the quality of the business. So the word arms, which sometimes signifies instruments of war, sometimes armed Soldiers, with respect to the matter, is to be interpreted for this, or that. So he that hath promised to render men, aught to render them alive, not dead; contrary to the cavil of the Plataeans. And they that are commanded ferrum deponere, satisfy the command in putting off their swords, though not their steel buttons; upon which Pericles jested. And to march away freely out of Town, must be understood so, that the way also may be secured: contrary to what was done by Alexander. And half the ships in the division, must be understood of whole ships, not cut a sunder: contrary to what the Romans did to Antiochus. Of the like matters we may make the same judgement. From the effect we make conjecture, 
Everh. in loco ab absurdo.  if the word taken in the more received use draw after it any thing against reason. For, in an ambiguous word, that 
L. in ambig. D. de Legib.  interpretation is rather to be received, which hath no hurt in't. Wherefore that cavillation of Brasidas is not to be admitted: 
Thucyd. 4.  who having promised he would depart out of the Boeotian fields, denied the fields he possessed with his Army, to belong to the Boeotians: as if the word were meant, not of their ancient bounds, but of warly possession: in which sense 'twere a vain agreement.   

LVII. Some distinctions and rules for interpretation.  
MAny words have several significations, one more strict, another more large: which proceeds from many reasons; either because the general name adheres to one of the species, as in words of cognation and adoption; also in Nouns masculine, which are taken for the common too, where common are wanting; or because the use of ar●…is wider than popular use; as deatb, 
* Vide Guice. l. 16. ubi de pactis Car. 5. ad Mediolanensem Ducatum pertinentibus sermo. Alc. 5. resp. 17.  in the Civil Law is enlarged to signify deportation, when among the people it signifies otherwise. Moreover, we must note, that things promised, some are favourable, some odious, some mixed, or of a middle nature. favourable are those which have in themselves equality, and which regard common utility; the greater this is, and more extended, so much greater is the favour of the promise; as of things which make for peace, than of those which make for War; and of War Defensive, than upon other causes. Odious are such as burden one part only, or one more than the other, and such as contain in them punishment, and make acts void, and bring in a change of what was before. That which is mixed, as bringing a change, but for peace sake, proportionally to the good, or the change will be esteemed sometime favourable, sometime odious, yet, so that caeteris paribus favour is to be preferred. Upon 
Gl. in 〈◊〉 von possunt. D. de Legibus.  these grounds these Rules are to be kept. In things not odious, the words are to be taken according to the full propriety of popular use, and if there be more significations, the largest is best; viz. the Masculine is to be taken for the Common Gender, and an indefinite speech for an universal. So these words, unde quis dejectus est, whence one is dispossessed, will pertain also to the restoring of him, who by force is prohibited to come into his own. For the word taken more largely bears that signification, as Cicero disputes 
Bart. in lib. si is qui proemptore. D. de usuc.  for A. Caecina. In the more favourable, if the speaker understand the Law, or use the Counsel of Lawyers, the words are to be taken more largely, that they may also include the signification of Art, or which the Law hath given. But we must not recur 
† Vide exemplum in l. cum virum c. de fidei come.  to significations plainly improper, unless otherwise some absurdity or inutility of the Agreement would follow. 
Covar. 3. Var. c. 3. n. 5. Tiraq. in leg. connub. Gl. 5. n. 115.  On the other side, words are to be taken, even more strictly, than propriety suffers, if it be necessary for the avoiding of iniquity or absurdity: but, if there be not such necessity, but manifest equity or utility in the restriction, we must stay within the narrowest bounds of propriety, unless the circumstances dissuade. But in odious things, even a figurative speech is admitted, whereby the odium or burden may be shunned. Therefore in donation and remission of ones right, words, though general, are wont to be restrained unto those things which were probably thought upon. And in this kind of things, that will be sometime understood to be occupied, which, it is hoped, may be retained. So, aids promised from one part only, will be 
Barb. 4. cons. 62.  understood to be due at the charges of him who shall require them.   

LVIII. Whether in the name of Confederates are contained those that shall be so.  
IT is an illustrious question, Whether in name of the Confederates are meant only those that were so in the time of making the league, or also those that become so afterward: as in the league made between the people of Rome and Carthage after the war about Sicily; The 
Utriusque populi so●… ab utroque populo tuti sunto.  Confederates of either people shall be secured from them both. Hence the Romans inferred, although the Agreement made with Asdrubal, of not passing the river Iberus, profited them nothing, because the Carthaginians had not confirmed it; yet, if the Carthaginians did approve the fact of Annibal setting upon the Saguntines, whom the Romans, after the league, had taken to them as Confederates, that then war might be proclaimed against them, as Violators of the League. Livy thus declares the Reasons: The Saguntines 
Lib. 21.  were sufficiently provided for, the Confederates of both parties being excepted: For it was not added, Confederates that then were, nor that none afterward should 
* Which was added in the Peloponnesian peace between the Laccdaemonians and Athenians. Thucyd. lib. 5.  be assumed. Now, sith it was lawful to assume new Confederates, who would think it equity; either that any should be received into friendship upon no desert, or being received should not be defended: Only it was provided, that the fellows of the Carthaginians should neither be tempted to revolt, nor be entertained revolting of their own accord. Which words are almost all translated out of Polybius. What shall we say in this case? 
Histor. lib. 3.  It cannot be denied, but the word Confederates, without any violence, may receive both the strict signification of them who were so in the time of the League, and the other more large which includes the future too. Wherefore we must see, by the former rules, which interpretation is to be preferred: according to which rules we say, the future are not comprehended; because the question is about rupture of the league, which is an odious matter; and about depriving the Carthaginians of their Liberty, to use force of arms against such as were believed to have done them injury: which liberty is natural, nor is it supposed easily quitted 
† Romani Samnitibus, Sidicinos bello petere volentibus, petentibusque ut id per Romanos fieri liceret, responderunt: Nihil intercedi, quo minus Samniti populo pacis bellique liberum arbitrium sit. Liv. lib. 8. In Antiochi soedere est: Si qui sociorum popull Romani ultro bellum inferrent Antiocho, vim ei arcendi jue esto: dum ne quam urbem aut belli jure tenea●… aut in amicitiam recipiat. Liv. 38. Polybius in excerptis Legationum, 35. . Was it not lawful then, for the Romans to take the Saguntines into society, or to defend them being admitted? Surely it was, not by virtue of the League, but by natural right, which by the League was not renounced: so that the Saguntines were, in respect of Both, in the same condition, as if nothing had been agreed concerning their Confederates. In which case, neith●… were the Carthaginians violators of the League, if they did war upon the Saguntines, when they judged it to be just; no●… the Romans, if they did defend them. Plainly, as in the time Pyrrhus, it was agreed 'twixt the Carthaginian and the 
Polyb. Hist. 3.  Roman, that if either of them entered League with Pyrrhus, he should so do it, saving the right of sending aids to him, whom Pyrrhus should invade. I do not say, that war could have been just on both sides; but I say this pertained not to the violation of the League 
† Pr●…cop. Persic. 2. Dicebat Alamundarus Rex Saraccnorum, non violari à se quae inter Persas Romanosque convenerant, quandoquidem ipse à neutra parte conventis inscriptus esset. . So doth Polybius, in the question touching aid sent by the Romans to the Mamertins, distinguish the Querees, Whether it were just, and, Whether it were lawful by the League.   

LIX. One shall not wage war without leave of the other, How understood. And, That Carthage shall be free.  
THe former example was in an equal League, we will set down another in an unequal: if it were agreed, that one should not wage war without consent of the other Confederate. This was an article in the League of the Romans and Carthaginians, 
Liv. lib. 42.  after the second Punic war: and likewise in that of the Macedonians, with the Romans, before the reign of Perseus. Whereas the word Warring, may both signify all war, and peculiarly that which is offensive; here we shall take the narrower signification, that liberty may not be too much restrained. Of the same kind it is, that the Romans promised, That Carthage shall be free 
† Diodorus Siculus sic refert excerpto legationum 27, mansura illis Leges, regionem, sacra, sepulcra, libertatem. : Which, although, by the nature of the act, it could not be understood of the fullest power (for they had afore let go the right of undertaking war and some other things) yet did it leave them some liberty, and at least so much, that they were not bound, at another's command, to change the seat of their City. In vain therefore did the Romans urge the word Carthage, saying the multitude of Citizens, not the City, were thereby signified (which, though improper, may be granted, by reason of the attribute, which is more meet for the Citizens than the City:) For, in the word, free (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Appian speaks) there was a manifest fallacy.   

LX. Of Agreements personal and real.  
IT is also a frequent question, pertinent here, concerning Agreements personal and real. And truly, if the Treaty was with a free people, no doubt but what was, is promised them, is in its own nature real, because the subject is a permanent matter. Yea, though the state of a Commonwealth be changed into a Kingdom, the League will remain, because the body remains the same, though the head being changed: and, as we have said above, the Empire which is exercised by a King, ceaseth not to be the empire of the people. An exception it will be, if the cause appear to have been proper to that state, as, if free Cities contract a League to maintain their liberty. But, if it be contracted with a King, the League will not presently be esteemed personal: for, as it is rightly said by Pedius and Ulpianus, 
L. jure gentium sect. pactum. D. de pactis.  the person is for the most part inserted into the Agreement, not that the Agreement may be personal, but to show with whom 'tis made. But if it be added to the League, that it shall be perpetual, or that it is made for the good of the Kingdom, or with himself and his successors (such an addition 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is usual, saith Libanius in his Oration for Demosthenes:) or for a time defined, now it appears plainly to be real. Such, it seems, was the league of the Romans with Philip 
Livius lib. 42. vide Parut. lib. 5., & 7.  King of Maccdon, which when Perseus his son denied to concern him, a war followed upon that ground. Moreover, other words, and the matter itself sometimes, will afford a conjecture not improbable. But if the conjectures be equal on both sides, it will remain, that the favourable be accounted real, the odious personal. Leagues made for peace, or for commerce are favourable: those made for war, are not all odious, as some think; but the 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  defensive have more of favour, the 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  offensive of burden. Add hereunto, that in a league for any war, it is presumed, that regard is had to the prudence and piety of him who is treated with, as one who seemed not likely to undertake a war, neither unjustly, nor yet rashly. As to that saying, Societies are 
Societates: morte finiri. Dec. l. 1. cons. 22.  broken off by death, I do not allege it here: for it perteins to private societies, and to the Civil Law. Therefore, whether by right or wrong, the Fidenates 
* Vide Dionys. Hal. lib. 3. , Latins 
† De Appulis & Latinis idem eod. lib. De Turno & Hordeanio & Latinis idem lib. 4. Ammianus lib. 26. Persarum Rex manus Armeniis injectabat, eos ad suam diti●…. nem ex integro vocari vi nimia properans, sed injust; causando quod post Joviani excessum, cum quo foedus firmaverat & pacem, nibil obstare debeat, quominus ea recuperaret, qua ante ad majores suos pertinu●…sse monstrabat. Similia de Justiniani pactis cum Saracenis vide apud Menundrum Protectorem. Add quae Helvetii causantur post mortem Henrici 3. apud Thuanum l. 97. in an 89. Vide & insignem locum apud Camdenum in an. 72. ubi de foedere antiquo Gallorum cum Scotis. , Etruscians, Sabins departed from their league upon the death of Romulus, Tullus, Ancus, Priscus, Servius, cannot be rightly judged by us, because the words of the League are not extant. Whereunto that controversy in Justin is not unlike, Whether Cities which were tributary to the Medes, the Empire being changed, had changed their condition. For, it is to be considered, whether in the agreement they had committed themselves to the trust of the Medes. But 〈◊〉 Bodin's 
* Lib. 5. c. ult.  argument is in no wise to be allowed, that leagues do not pass to the successors of Kings, because the virtue of an oath goes not beyond the person. For, the obligation of an oath may bind the person only, and yet the promise itself may oblige the heir. Neither is it true, which he assumes, that leagues depend upon the oath as their firmament, when for the most part there is efficacy enough in the promise itself, to which, for Religion sake, the oath is added. The commons of Rome, in the Consulship of P. Valerius, had sworn, they would come together at command of the Consul. L. Quintius Cincinnatus succeeds him being dead; Some Tribunes cavil, as if the people were not bound by their oath. Livie's Judgement follows: That neglect of the Gods, which this age is guilty of, was 
Lib. 3.  not yet: nor did every one, by interpreting for himself, make his oath and the Laws comply with his affections, but rather accommodated his own manners unto them.   

LXI. A League made with a King, is extended to him being expelled, not to the Invader.  
CErtainly, a League made with a King remains, although the same King, or his succour, be driven out of his Kingdom by his Subjects. For, the right of the Kingdom remains with him, however he hath lost the possession 
† Lucanus de Senatu Romano: Non unquam perdidit Ordo Mutato sua jura loco. . On the contrary, if the Invader of another's Kingdom, the rightful King being willing; or the Oppressor of a Free people, before he hath gotten sufficient consent of the people, be assaulted by war; nothing will thereby be done against the league: because those have possession, they have not right 
* So Valens received not the excuse of the King of the Goths: who said, he had sent aid to Procopius an Invader. Ammianus saith, it was a most vain excuse, l. 27. There is the same history in the Greek writers, but under the name of Scythians. For so they called the Goths. So Justinian said, he would not break the League made with Gizerichus, if he warred against Gelimer, who had taken away both his Kingdom and liberty from Ilderichus the lawful King. Vide Cardinalem Tuschum PP. verbo Tyrannus, concls. 309. num. 6. Cacheranum decis. 79. n. 35. . And this is that which T. Quintius said to Nabis: We have made no friendship nor society with thee, but with 
† Liv. lib. 34.  Pelops the just and lawful King of the Lacedæmonians. These qualities of King, successor, and the like, in leagues, do properly signify a right; and the Invaders cause is odious.   

LXII. To whom a promise, made to the first, is due, when more have performed a thing together.  
CHrysippus, of old, had handled this question, whether the reward promised to him, who came first to the mark, be due to both, if they came together, or to neither of them. And truly, the word first is ambiguous 
* Vide Albericum de Rosalo de Statutis q. 106. & 107. , for it signifies, either him who goes before all, or him whom no man goes before. But because the rewards of virtues are favourable, it is the 〈◊〉 answer, that Both concur to the reward: though 
* At the taking of New Carthage in Spain.  Scipio, Caesar, Julian, dealt more liberally, and gave full rewards to them that ascended the walls together.   

LXIII. How far States are accountable for damages done by their Subjects.  
KIngs and Magistrates are responsible for their neglect, who do not use the remedies, which they can and aught, for the restraint of robbery and piracy: upon which score the Scyrians were anciently 
Plut.  condemned by the Amphyctiones. I remember a question was proposed upon the fact, when the Rulers of our Country had, by their letters, given very many power of taking prizes from the enemy at Sea, and some of them had spoilt our friends, and their country being forsaken wandered about, and would not return when they were recalled; whether the Rulers were faulty upon that account, either because they used the service of naughty men, or because they had not required of them caution. I gave my opinion, that they were bound no farther, than to punish, or yield the offenders if they could be found; and to take care, that legal reparation might be made out of the goods of the Robbers. For, they were not the cause of the unjust spoil that was made, nor were partakers of it in any wise: yea, they forbade, by their Laws, any hurt to be done their friends. That they should require caution, they were obliged by no Law, seeing they might, even without letters, give all their sublects power to spoil the enemy: which was also done of old. Nor was such a permission any cause, why damage was done to their friends, when even private men might without such permission send forth ships of war. Moreover, it could not be foreseen, whether they would prove evil men: and besides, it cannot be avoided, but we must employ such, otherwise no Army can be raised. Neither are Kings to be accused, if their soldiers, either by land or sea, wrong their confederates contrary to their command, as appears by the testimonies 
Const. Galliae Tom. 3. tit. 3. constitutione anni 1583. cap. 44. vide etiam tomo constit. 3. tit. 2. constit. ●…ni 1543. cap. 44.  of France and England. Now, that any one, without any fault of his own, should be engaged by the fact of his Ministers, is not a point of the Law of Nations (by which this controversy is to be judged) but of the Civil Law, nor this general, but introduced upon peculiar reasons against seafaring men and some others. And on this side, sentence was given, by the Judges of the supreme Auditory, against certain Pomeranians, and that after the example of things judged, in a case not unlike, two Ages before.   

LXIV. Of the right of Embassages.  
AMong the Obligations which that Law of Nations, which we call voluntary, hath by itself introduced, a principal head is of the right of Embassages. For we frequently read of the sacred privileges of Embassages, the sanctimony of Ambassadors, the right of Nations, right divine and human due unto them, and many such like expressions. 
† Sanctum popul●… per secula nomen: Papinius. Sancti habentur Legati: Pompon. l. si quis D. de Legationib. Itaque eum qui Legatum pulsasset, dedi hostibus quorum erant Legati, Q. Mucius respondit. ib. Sancta sunt corpora Legatorum: Var. l. 3. de l. l. Tutique regressus Legato: Papin. Totilas apud Procopium Got. 3. Barbaris omnibus mos, Legatos venerari. Aimonius: Exuit hostem, qui Legatione sungitur. Vide & Radevicumin Append. De Polonis vide Cromerum l. 20. De Turcis Leunclavium l. 8. & l. 17. De Mauris Marianam lib. 12.  Cicero de Haruspicum responsis: My judgement is, that the right of Ambassadors is secured both by the safeguard of men, and also by the protection of Law divine. Therefore to violate this, is not only unjust, but impious too, by the confession of all, saith Philip in his epistle to the Athenians.   

LXV. Among whom the right of Embassages hath place.  
HEre we must know, whatever this right of Nations be, it pertains to those Legates, which are sent from supreme Rulers, by one to another. For, besides them, Provincial Legates, and Municipal, and others are directed, not by the Law of Nations, which is between one Nation and another, but by the Civil Law. An Ambassador in Livy calls himself the public messenger of the Roman people. In 
Lib. 1.  the same Livy elsewhere the Roman Senate 
Lib. 〈◊〉.  saith, The right of Legation was provided for a foreiner, not a Citizen. And Cicero, that he may show, Legates are not to be sent to Antonius, saith, For we have not to do with Annibal an enemy of the Commonwealth, but with one of our own Country. Who are to be accounted foreiners Virgil hath so expressed, that none of the Lawyers can more clearly:  
That I suppose a foreign Land,  
Which is not under our Command.  
They then that are joined in an unequal 
Cromerus 30.  league, because they cease not to be in their own power, have a right of Legation: and these also, who are partly subject, partly not, for that part wherein they are not subject. But Kings, conquered in a solemn war, and deprived of their Kingdom, with other Royalties, have loft also the right of Legation. Therefore did P. Aemilius detain the Heralds of Perseus whom he had conquered. Yet, in Civil wars, necessity sometimes, maketh place for this right, beside the rule; as, when the people is so divided 
* Vide de Legatis Civitatis Toleti ad Regem Jo. Marianam l. 22. 8. de Flandris Crantzium Saxoni●… 12. 33.  into equal parts, that it is doubtful on which side the right of Empire lieth: or, when the right being much controverted, two contend about succession into the Throne. For in this case, one Nation is for the time reckoned as two. So, Tacitus 
† Hist. 3. & Magnentium Zosimus lib. 2. Magnentius ayud animum suum volvebat deberetne Philippum irritum dimittere, an apud se retinere calcato jure Legationum. Is Philippus à Constantio venerat.  charged the Flavians, that, in the Civil rage, they had violated, in respect of the Vitellians, that right of Legates, which is sacred even amongst foreign Nations. Pirates and Robbers, that make not a Society, cannot have any succour from the Law of Nations. Tiberius, when Tacfarinas had seen Legates to him, was displeased that a traitor and plunderer used the manner of an enemy, as 
* Annal. 3. Caesar. l. 3. de bello Civili.  Tacitus hath it. Nevertheless sometimes such men, faith being given them, obtain the right of Legation, as once the Fugitives in the Pyrenean Forest.   

LXVI. Whether an Embassage be always to be admitted.  
TWo things there are concerning Ambassadors, which we see commonly referrd to the Law of Nations: first, that they be admitted 
† Donat. ad prol. Hecyra: Oratorem audire oportere j●…●…tium est. ; next, that they be not violated. Of the former is a place in Livy, where Hanno a Carthaginian Senator inveighs against Annibal thus: Ambassadors coming from our Confederates, and on their behalf, our good General admitted not into his camp: but took away the right of Nations. Which yet is not to be understood too crudely: for the Law of Nations commandeth not 
* Vide Camdenum An. 1571. quaestionum ibi propositarum 4.  that all be admitted, but forbiddeth them to be rejected without cause. There may be cause from him that sendeth, from him that is sent, from that for which he is sent. Melesippus 
Thucyd. lib. 〈◊〉.  Ambassador of the Lacedæmonians, by the Counsel of Pericles, was dismissed out of the bounds of Attica, because he came from an armed enemy. So the Roman Senate 
† De hoc Romanorum more vide Servium ad 7. Aeveidos. Liv. l. 41. Procop. l. 2. & 3.  said they could not admit 
Zonaras.  the Embassage of the Carthaginians whose Army was in Italy. The Achaians admitted not the Ambassadors of Perseus raising war against the Romans. So Justinian rejected the Embassy of Totilas, and the Goths at Urbino the Orators of Belisarius, And Polybius relates how the messengers 
Lib. 4.  of the Cynethenses being a wicked people were every where repulsed. An example of the second we have in Theodorus called the Atheist, to whom, when he was sent unto him from Ptolomaeus, Lysimachus would not give audience: and the like hath befallen others, because of some peculiar hatred. The third hath place where the cause of sending, either is suspected 
* Sic And. Burgu●… Caesaris Legatus in Hispaniam non admissus. Mar. l. 24. 2 Reg. 18. Liv. l. 27. Lib. 32. , as that of Rabshake the Assyrian to disturb the people was justly suspected by Hezekia; or not honourable, or unseasonable. So the Etolians were warned by the Romans, that they should send no Embassy without permission of the General: Perseus, that he should not send to Rome, but to Licinius: and the 
Sallust.  Messages of jugurtha were commanded to depart Italy 
† Carolus Quintus Imp. Legagatos Galliae, Venetorum & Florentinorum ad bellum sibi indicendum missos deduci jussit in locum, qui à Comitatu suo abesset triginta millaria. Guicc. l. 18. Bellaius lib. 3.  within ten days, except their coming were to deliver up the Kingdom, and the King. As for those assiduous Legations which are now it use, they may with very good right be rejected; for the no-cessity of them appears by the ancient custom, whereto they are unknown.   

LXVII. Of not violating Ambassadors.  
OF not violating 
* Menander Protector de Justino 2. Imp. Ille Avarorum Legatos contra j●…s Legationum in vinculis habuit. vide Ern. Cothmannum resp. 32. n. 29. & seq. vol. 5.  Ambassadors, is a more difficult question, and variously handled by the most excellent wits of this Age. And first we must consider of the persons of Ambassadors, then of their Train and their Goods. Of their persons some think thus, that, by the Law of Nations, only unjust force is kept from the bodies of Ambassadors; for they conceive privileges are to be understood by Common right. Others think, force may not be offered to an Ambassador, for every cause, but on this ground, if the Law of Nations be broken by him; which is a very large ground: for, in the Law of Nations the Law of Nature is included, so that the Ambassador may now be punished for all faults, except those which arise merely out of the Civil Law. Others, restrain this to those Crimes which are done against the State of the Commonwealth, or his Dignity, to whom the Ambassador is sent. Which also some hold perilous, and would have complaint made to him that sent him, and the Ambassador left to his Master's judgement. There are some too that say, the Kings or Nations unconcerned are to be consulted with: which indeed may be a point of prudence, cannot be of right. The reasons which every one brings for his opinion conclude nothing definitely: because this right, not, like natural right, certainly ariseth out of certain reason, but is determined by the will of Nations. Now, it was in the power of Nations, either absolutely to provide for the safety of Ambassadors, or with certain exceptions; for on this side may be alleged the utility of punishing great offenders, and on the other side the utility of Embassages, the facility whereof is best promoted by securing them as much as may be. We must therefore see, how far Nations have consented; which cannot be evinced by examples only; for many are extant on both sides. Wherefore we must have recourse both unto the judgements of wise men, and unto conjectures. Two judgements I have most illustrious; one of Livy, another of Sallust. Livy, if the Ambassadors 
Quanquam visi sunt commisisse ut hostium loco essent, ju●… tamen gentium valuit. Liv.  of Tarquin, who had raised treason at Rome, saith: Although they seemed to have committed that, for which they ought to be in the place of enemies, yet the right of Nations prevailed. We see here the right of nations extended even to them that do hostility. The saying of Sallust pertains to the Ambassadors train, of whom we shall speak anon, not to the Ambassadors themselves: but the Argument will proceed rightly à majori ad minus, that is, from a thing less credible to that which is more. He saith: Bomilcar the Companion of him, who came to 
Fit reus mag●… ex aquo bonoque quam ex jure gentium, Bomilcar Comes ejus qui Romam side publica venerat. Sal. Jug.  Rome on the public faith, is made guilty rather according to rules of equity, than by the Law of Nations. Equity, that is, the mere Law of Nature suffers punishment to be exacted, where is found a delinquent; but the Law of Nations excepteth Ambassadors and such like, who come upon public faith. Wherefore, that Ambassadors be made guilty, is against the Law of Nations, whereby many things are wont to be prohibited, which, by the Law of Nature, are permitted, Conjecture also goes on this side; for it is more true, that privileges should be so understood, that they may give somewhat beyond Common right. Now, if Ambassadors be only secured from unjust violence, therein were no great matter, nothing of preeminence. Add, that the security of Ambassadors outweighs the utility arising from punishment. For punishment may be taken by him, that sent the Ambassador, being willing: and if he be unwilling, it may by man be exacted of him, as an approver of the crime. Some object, better one be punished than many involved in war. But, if he that sent the Ambassador approve his deed, the Ambassadors punishment will not free us from the war. Now on the other side, the safety of Ambassadors is in a slippery place, if they ought to render a reason of their actions to any other, but him by whom they are sent. For, when the Counsels of them that send and receive Ambassadors are for the most part divers, often contrary, it can scarce happen but always somewhat may be said against an Ambassador, that may bear a show of a crime. And though some are so manifest, that they have no doubt, yet is a general danger sufficient for the equity and utility of a general Law. Wherefore my opinion clearly is, that it pleased the Nations, that the Common custom, which subjecteth every one being in a strange land to the Law of that land, should admit an exception in Ambassadors, 1. That, as they are accounted, by a certain fiction, for the persons of their Masters (He brought with him a face of the Senate, the authority of the Commonwealth, saith Tully of an Ambassador:) so also, by the 
Senatus facie●… secum attulerat, auctoritatem Reipub. Tull. Phillp. 7.  like fiction, they should be set as it were without the compass of the land: whereupon, they are not bound by the Civil Law of that people amongst whom they live. Wherefore if the offence be such one as may seem possible to be contemned, it is either to be dissembled, or else the Ambassador is to be commanded to depart 
† Fecit id. Steph. Poloniae Rex Moscis. Thuan. l. 73. An. 1581. Elizabetha Scoto & Hispano Camd Anno 71. & 84.  the Country. Which, Polybius saith, was done to him, who had given cause to the Hostages at Rome to escape away, And hence, on the by, we may learn the reason, why, at another time, the Ambassador of the Tarentines, for the same offence, was beaten with rods; namely, because the Tarentines being conquered begun to be under 
* Sic Carolus 5. Legato Ducis Mediolanensis ut subditi sui, imperavit ne à Comitatu suo abscederet. Guicciard. indicat. jam loc.  the Romans. If the crime be cruel, and publicly mischievous, the Ambassador must be sent 
† Dion. Excerpt. Legationum: Cum juvenes quidam Legati à Carthagine Romam venissent ibique contumeliose quaedam fecissent, missi sunt Carthaginem, traditique Carthaginiensibus: ab his verò nihil illis nocitum est, sed dimissi sunt incolumes.  to his Master, with a request, that he would punish him, or give him up, as we read, the Galls required, the Fabii should be delivered to them. But, that which we have said afore, that all human Laws are so tempered, that they bind not in extreme necessity, hath place also here, about the Precept of the sanctimony of Ambassadors. Indeed, that height of necessity is not in the taking of punishment, which also in other cases is taken away by the Law of Nations, as we shall show hereafter: much less in the place, time and manner of taking punishment, but in the precaution of a great mischief, especially public. Wherefore that an imminent danger may be withstood, if there be no other remedy, Ambassadors may be both apprehended and examined. So the Roman Consuls apprehended 
* Pelopidas in vincula conjectus ab Alexandro Feres, quod Legatus cum esset Thessalos ad libertatem concitaret. Plutarch. & lat. Scriptor vitae Pelopidae.  the Ambassadors of Tarquin: especial care being had of their 
† Vide Serranum in Henrico. 4.  letters, as Livy speaks, that they might not be lost. But, if an Ambassador use force of Arms, he may be slain, no doubt: not by way of punishment, but by way of Natural defence. So might the Galls kill the Fabii, whom Livy styles violaters of human Law. Therefore in Euripides, Demophon, when the Herald sent by Euristheus endeavoured to carry away the suppliants by force, apposeth him by force, and when he said, 
Dare you strike me a Herald sent?  
Answers, Yes, if you be violent.   
His name was 
* Vide Iliados O.  Copreus, and because he proceeded 
† Sic interpretandum quod Theodahatus Gotthus, Justiniani Legatis dicit apud Procopium Gotthicorum, 1. Sanctum apud homines Legatorum nomen, plenumque honoris. Sed hoc jus Legati sibi interdum servant, quandiu sua modestia Legationis dignitatem tuentur. Ita enim existimant homines fas esse vel interficere Legatum, si is in Principem ad quem mittitur, sit injuriosus, aut alienum matrimonium violet. Legati verò, cum ostendissent longissime se abesse ab adulterii suspicion, quorum ne exitus quidem sine custode essent, addunt prudenter: Si Legatus ea dixerit, quae audivit à Principe qui ipsum misit, ea si non sunt commoda, praestare non ipse debet culpam, sed qui eum misit: Ipsi quippe nihil aliud concessum est, quam Ministerio mandato fungi. Vide 〈◊〉 Camdenum indicato jam loco an. 1571.  violently and used force, he was slain by the Athenians, as Philostrastratus relates in the life of Herod. By a distinction not unlike to this, Cicero resolves that question, Whether the son ought to accuse the father being a traitor to his Country. For he will have it to be his duty 
* Offic. 3. , to avert an imminent danger, but not for punishment of the fact, when the danger is past.   

LXVIII. The Law in favour of Ambassadors binds not him to whom he is not sent.  
THat Law, which I have mentioned, of not offering force to Ambassadors, is to be conceived obligatory to him, unto whom the Embassy is sent; and so too, if he hath admitted it: there being after that time, as it were, a tacit Covenant between them. Nevertheless, it may, and is wont to be denounced, that Ambassadors be not sent; if they be, they shall be taken for enemies: as it was denounced to the Etolians by the Romans, and of 
Liv. l. 27. Idem l. 4.  old by the Romans to the Veientes it was proclaimed, unless they would get them out of the City they should give what Lar Tolumnius gave: and to the Romans 
Lib. 10.  by the Samnites, if they did come to any Council in Samnium, they should not go away inviolate. Wherefore this Law doth not pertain to them through whose bounds Ambassadors pass without leave; for, if they go to their enemies 
* Siculi Atheniensium socii Legatos Syracusan●…um missos ad Civitates alias cepere. Thucyd. lib. 7. De Gallorum ad Turcam Legatis quos in Pado Hispani cepere & occiderunt, vide judicis Perutae lib. 11. Bezari l. 21. De Flandriae Civitatum Legatis ad Gal●…um cap●…is à Maximiliano, Crantzium Saxonic. 12. Laudatur Belisarii Clementia, quod Gelimeris Legatis in Hispaniam missis, & ab Hispania reversis Carhaginem, quae jam facta erat Romanorum, pepercerit. Procop. Vandal. 1. , or come from their enemies, or otherwise make any hostile attempt, they may even be slain: which the Athenians did to the Ambassadors between the Persians and Spartans'; the Illyrians to the Ambassadors between the Essians and Romans 
† Thucyd. l. 2. Appian. de bello Illyrico. ; and much more may they be bound, which Xenophon 
* Xenoph. lib. 4. de exped. Cyri. Arrian. lib. 2. Liv. lib. 23.  ordered against some, Alexander against them that were sent to Darius from Thebes and Lacedaemon, the Romans against the Ambassadors of Philip 
† Vide Appian. in excerptis. Legationum n. 19  to Anmbal, and the Latins, against the Ambassadors of the Volsci. If there be no such provocation, and Ambassadors be ill used, not that law of Nations 
† Aliud sit 〈◊〉 quis extra fines suos insidias p●…nat 〈◊〉 ali●…nu, 〈◊〉 enim jus gentium violaretur. Et hoc continetur in Thessalorum oratione contra Philippum apud Livium. Justin. lib. 29. , whereof we treat, but the friendship, and the Honour, either of him that sent, or of him to whom they go, will be judged violate. Justin of the latter Philip King of Macedon: Afterward he sent his Ambassador with letters to Annibal, to join in league with him: The Ambassador being taken and brought to the (Roman) Senate was sent away safe, not in honour to the King, but lest he should be made a certain enemy, that hitherto was dubious.   

LXIX. An enemy, to whom an Ambassador is sent, is bound.  
BUt an Embassy admitted, even with enemies 
† Pomponius l. ult. D. de Legatis. Si q●…s Legatum hostium pulsasset, contra jus gentium id comissum esse existimatur, quia sancti habentur legati. Et Tacit. hoc jus vocat. Hostium jus & sacra legationis & fas gentium. An. 1. Cic. 1. Verrina: Noun Legati inter hostes incolumes esse debent? Sen. de Ira. Violavit legationes rupto gentium jure. Livio, caedes ruptura jus gentium, 〈◊〉 causa nesanda, cades impia dicitur, in historia Legatorum quos Fidenates occiderunt. Donatus ad illud Eunuchi: convenire & colloqui. Sic pronunciandum est, ut quasi dicat, liceat per te, miles, quod ●…iam inter hosts & in bello licet. vide loca producta LXV.  in Arms, much more with enemies not in actual hostility, hath the safeguard of the Law of Nations. Diodorus Siculus said, Heralds have peace in the time of War. The Lacedæmonians, who had slain the Heralds of the Persians, are said thereby to have confounded the rights of all men. Livy saith, Ambassadors being brought into danger, there was not left so much as the Law of War. Curtius: He sent Messengers to compel them unto peace, whom the Tyrians, against the Law of Nations, killed, and threw into the Sea. Justly is it said: for in war also many things fall out, which cannot be transacted but by Ambassadors, and peace itself can hardly be made, and differences reconciled, but by their Mediation.   

LXX. Ambassadors may not be wronged by way of retaliation.  
THis is a question too, Whether by the right of rendering like for like an Ambassador may be slain, or ill used, coming from him that hath done so. And truly there are in Histories examples enough of such revenge; but histories, we know, relate not only things done justly, but those things also that are done unjustly, angrily, impotently. The Law of Nations provides not only for the dignity of him that sends, but for the security of him that is sent: Wherefore there is a tacit contract with him also; and wrong is done to him, though none is done to his Master. Wherefore Scipio did not only magnanimously, but according to the Law of Nations, who, after the Ambassadors of the Romans were ill entreated by Carthaginians, the Ambassadors of the Carthaginians being brought unto him, and being asked what ought to be done, answered, not as the Carthaginians have done 
† Diodorus Sic. in excerptis Peiresianis: Dixit Scipio non esse id faciendum quod ipsi in Carthaginiensibus accusarent. Et Romani ipsi Legatos jam comperto Carthaginiensium facto, dimiserunt. Vide Appian. Constantius Titianum à Magnentio ad se missum remisit, quanquam Philippum à Constantio missum ad se retinebat Magnentius. Zosim. l. 2. Vide & historias apud Cromerum lib. 19 & 21. & Parutam de Legatis Venetis in itinere in Gallian retentis l. 7. . Livy 
* Appian de bello Pun. Liv. l. 30. Val. M. l. 6. c. 7.  adds, he said, He would do nothing unworthy of the manners of the Roman people. Valerius Maximus puts the like words, but more ancient, into the mouth of the Roman Consuls on a like occasion: Hanno, the integrity of our City quits thee of that fear; For then too, against the right of Legation, Cornelius Asina was cast into chains by the Carthaginians.   

LXXI. The companions also of Ambassadors, and their Goods, are inviolable.  
THe Companions also and the Goods of Ambassadors have in their proportion a kind of sanctimony. Whence it was in the old form of the Heralds, O King, 
Rex, facisne me tu regium nuntium populi Romani Quiritium? vasa comitesque mcos?  do you make me a Royal messenger of the Roman people? do you privilege my companions and my Goods? And by the Julian Law de vi publica they are pronounced guilty, not only that have wronged Ambassadors, but their attendants too. But these are sacred accessorily, and so far 
Vide Fraxini Oanaei Epistolas p. 75. & ●…79.  as it seems good to the Ambassador. Wherefore if his Attendants have greatly offended, they may be demanded of him, that he may yield them: For they are not to 
〈◊〉 Henrico 4.  be drawn from him by force. When this was done by the Achaians against some Lacedæmonians, that were with the Roman Ambassadors, the Romans cried out, the Law of Nations was broken. Whither may be also referred the judgement of Sallust concerning Bomilcar, which we made use of above. But if the Ambassador will not yield them, the same course is to be taken, which before we said about the Ambassadors own offence. Now, whether an Ambassador hath jurisdiction over his own family, and whether his house be a sanctuary 
* Distingui fermè hac in re solent crimina. Vide Parutam lib. 10. ubi Rex Gallioe hanc ob causam iratus pacatur. Vide eund. lib. 11.  for all that fly unto it, depends upon the concession of him with whom he resides. For this belongs not to the Law of Nations. That the movable Goods also of the Ambassador, which are accounted an accession to his person, cannot be seized on, neither as a pledge, nor for payment of a debt, nor by order of judgement, nor (which some allow) by the King's hand, is the truer opinion. For all coaction ought to be far from an Ambassador, as well that which toucheth his necessaries, as his person, that he may have full security. If therefore he hath contracted any debt, and (as it is) possess no immovables in that place, He is to be called upon kindly, and if he refuse, his Master; so that at last that course may be taken with him, which is usual against debtors in another territory. Nor is it to be feared, which some think, lest, if this be so, none will be found to contract or deal with an Ambassador: For even Kings, who cannot be compelled, want not creditors; and among some Nations it was a custom, saith Nicolaus Damascenus, that contracts which were gone into trust should bear no action, no more than ingratitude: so that men were constrained either to fulfil the contract presently, or be content with the naked faith of the debtor. And Seneca wisheth all the world were in this condition: Would we could persuade men to receive 
De benef. 3. 15.  money lent, only from those that pay it willingly; would no stipulation did bind the buyer to the seller, nor sealed bonds and indentures were laid up. Faith should rather keep those agreements, and a mind studious of right. Appian also saith, it 
Civil. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pro eodem dixit Herodotus Clio.  displeased the Persians, to owe money, being a thing obnoxious to deceit and lying. Aelian 
† Lib. 4.  saith the same of the Indians. With whom Strabo 
* Lib. 15.  agrees in these words: They have no judgements but about slaughter and injury; because a man cannot help it, but he may fall into these: But contracts are in every one's power; wherefore one must bear with it, if a man break his word, and consider afore hand whom one trusts, and not fill the Commonwealth with Lawsuits. And it was a constitution 
Stob. de Legibus.  of Charondas, that none should commence an action, who had trusted another with the price of his commodity: which also pleased Plato. And it is noted by Aristotle, that some have no 
De Lepib. 8. Mor. Nic. 8. 15.  trials about these matter: for they think men ought to be content with the faith 
Mor. 9 lib. 1.  which they have taken. And elsewhere, In some places the Laws permit no action for what is trusted, as if he were only to be dealt with privately, with whom one hath contracted, and taken his word. The objections brought against this opinion out of the Roman Law, concern not our Ambassadors, but those that are provincial or municipal.   

LXXII. The right of Embassasadors vindicated by War.  
Profane Histories 
† Romani ob id bellum suscepere in Senonas. Appianus excerpto Legationum 4. & 10. in Illyrios & Ligures: Polybius excerpto Legationum 125. & 134. in Issios': Dion. exc. leg. 2. in Corinthios: Livius lib. 2. in Tarentinos: Dionys. Hal. exc. Leg. 4. Francorum & Germanorum exempla habes apud Aimonium lib. 3. c. 61. & 88 & Withikindum l. 3.  are full of wars undertaken because of wrong done to Ambassadors. And in the sacred 
* 2 Sam. 10. Vide Chrysost. ad Stagirium lib. 3.  story is exstant the memory of the war which David upon that ground waged against the Ammonites. Nor doth Cicero esteem any cause more just against Mithridates.   

LXXIII. Of the right of Burial. The right of burial springs from the same Law of Nations.  
BY the Law of Nations, which hath its rise from their will, sepulture is also due to the bodies of the dead. Dion Chrysostom, amongst manners or customs, which he opposeth to written Law, after the rights of Ambassadors, mentions, not to forbid dead men to be buried. And Seneca the father, among unwritten Laws, but mo●… certain than all written ones, sets down this, to bestow earth upon the dead. The Hebrews, Phila and Josephus, call this the Law of nature 
† 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Isidorus Pelusiota. Apud Aelianum est, Cum mortuum condi ipsa imperet communis natura. Idem alibi vocat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, terram & sepulturam, hominibus cunctis communia & ex aequo debita. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, dixit Euripides, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristides, Lucanus hominum ritus, 〈◊〉 Leges & mundi soedera Papinius, sortis humanae commercium Tacitus, spem communem Orator Lysias. Sophocles Ajace. idem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dixit in Antigone. ; as it is usual, under the Name of Nature, to comprehend common customs agreeable to natural reason. He that hinders burial, puts off man, saith Claudian; gives an affront to nature, saith Leo the Emperor; is an enemy to piety, saith Isidore Pelusiot. And because these rights common to Civil men, that they might seem the more sacred, were by the Ancients referred unto the Gods, we see this right as well as that of Legation frequently ascribed to them. Therefore you shall find it in Sophocles called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a Law of the Gods. Isocrates 
* Panathenaico.  speaking of the war of Theseus against Creon, saith, Who knows not what all success Adnastus had before Thebes, where attempting to restore the son of Oedipus, his son-in-Law, he lost very many Argives, and saw their leaders slain: And himself surviving with dishonour, when he could not obtain leave to bury the slain, went to Athens with a petition to Theseus the King, that he would not suffer such men to lie unburied, nor the old custom to be despised, and the right of all men violated, being established not so much by human nature as by divine power: Theseus hearing this, decrces to send to Thebes without delay? A little after the same Author reprehends the Thebans 
* Pacto non praelio obtentum à Thebanis jus sepeliendi vult Plutatch. Theseo; at praelio, Pausanias Atticis. , that they preferred the Statutes of their own City before Laws Divine: and he mentions the same history in other places 
† Panegeryco, He●…nae e●…comio, Plataica oratione: Herodotus quoque Calliope. Diodorus Siculus bistoriarum 4. Xenophon hist. Graecae 6. & Lysias ea quae est in honorem sepultorum: postremo Aristides in Panathenaico, qui bellum hoc susceptum a●…pro communi natura hominum. . So do others. And frequently in good Authors we see eminent titles of virtue ascribed to this office. For Cicero and Lactantius call it humanity, Ualerius Maximus humanity and mildness, Quintilian mercy and and Religion, Seneca mercy and humanity, Philo compassion of human nature, Ulpian mercy and piety, Modestinus the memory of human frailty, Capitolinus Clemency, Euripides and Lactantius justice, Prudentius a gracious work. On the contrary, the Donatists, who forbade the bodies of the Catholics to be buried, are accused of impiety by Optatus: Spartianus saith, such are without reverence of humanity; Livius calls it cruelty beyond belief of human anger; and Lactantius saith, it is wicked wit in them that made sepulture to be a vain and superfluous thing 
† Apud Papinium,— bello cogendus & armis, In mores hominemque Crcon. Homerus dixerat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Idem Iliados 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Jovem & Deos Achilli iratos fuisse dicit ob malè tractatum corpus Hectoris. Eandum ob causam impius Eteocles, Papinio. .   

LXXIV. What was the first cause of this custom.  
WHat was the first cause of this custom of interring bodies, whether enbalmed before, as among the Egyptians, or burnt, as among most of the Grecians, or so as they are, which Cicero notes to be most the ancient way, and after him Pliny 
* Plin. Histor. nature 7. 54. ubi & hoc: Sepultus intelligitur quoquo modo conditus: humatus vero, bumo contectus. , of this all have not the same opinion. For Moschion thinks the occasion was given from the gigantic freity in eating men, the abolition whereof is signified by Sepulture 
† 
Tunc morte raptos Imperatum Legibus  
Mandare terrae, pulveremque insparg●…re  
Nocdum s●…, ne darentur conspici  
Abominanda signa pastus pristini.  .  
Others think, men did in this manner, as it were of their own accord, pay the debt, which otherwise nature requireth of them even against their will. For, that the body of man made of earth is due to the earth 
† Job 10. 9 Philo in Flaccum: Proprium bominibus locum natura terram tribuit, nec vivis tantum, sed & mortuu, ut eadem quae primos suscepit natales, suscipiat & ex hac vita exitum. Attamen, sicut nullum est in homine factum laudabile, cujus non vestigium in alio aliquo animantium genere Deus posuerit, ita & in hac re evenit. De formicis Plinius lib. 11. 30. Sepeliuntur inter se viventium solae, praeter hominem. At ipse de Delphinis l. 9 8. Conspectique jam defunctum portantes, ne laceraretur à belluis. Et de apibus Virg. Tum corpora luce carentum Exportant tectis & tristia funera ducun●…. Servius: cum exsequiali scilicet pompa. , not only God declared to Adam, but also the Greeks & Latins frequently acknowledge. Cicero out of Euripides: Earth is to be rendered to the earth. And the same Euripides hath elsewhere more fully expressed what we read in Solomon 
* Eccles. 12. 7. Euripides ex persona Thes●… in supplicibus. 
I am sinite terrae ●…uos 〈◊〉 〈◊〉  
Res unde quaeque sumserat primordium  
Eo recipitur: spiritus coelo redit  
Corpusque terrae: jure nec enim mancupi,  
Sed brevis ad aevi tempus utendum datur:  
Mox terra repetit ipsa quod nutriverat.  
Lucretius similiter de terra:  
Omniparent eadem rerum est commune sepulcrum.  
Cicero de Legibus 2. ex Xenophonte:  
Redditur terrae corpus, & 〈◊〉 locatum ac situm, quasi operimento matris obducitur.  , The body returns to the earth, from whence it came, and the soul to God that gave it. Pliny hath also written, that the earth entertains us at our birth, feeds us being born, and all along our life susteins us, and last of all, when we are abdicated by the rest of nature, she like a gentle mother embraces us in her lap and covers us. There are some that hold, the hope of resurrection, as it were by this monument, was consignd to posterity by the first parents of mankind. For, that Democritus also taught, Bodies are to be conserved because of a promise of returning to life, Pliny witnesseth. And Christians oft refer the rite of decent burial to this hope, Prudentius 
* 
Quidnam sibi saxa cavata,  
Quid pulcra volunt monumenta?  
Nisi quod res creditur illis,  
Non mortua, sed data somno.  .  
Why do Marbles cover dust, And Monuments our bodies keep? Because the thing they have in trust, Is not dead, but laid to sleep.  
The more plain and simple opinion is, whereas man excels other living creatures, it seemed an unworthy thing, that other animals should be fed with his body, for the preventing whereof, as much as might be, sepulture was invented. By the pity of men bodies are kept from the invasion of souls and wild beasts 
† Vide Vaticinium de Jeroboami postorirate impoenam peccatorum ejus. 1 Reg. 14. 11. & Tertullianum de resurrectione. De Aegistho Homerus Odyss. Ergo nec leviter Gleham 〈◊〉 〈◊〉, Illius volucres lacer●…ent ossa conesque. De Aegistho loquitur, quem, ut adulterum & regni invasorem, Argivi infepultum abjecerant; cujus tamen reliquias humanior terrae dedit Orestes, ut mox dicetur. Menelaus de Ajace in Sophocle: 
Sed ille arenis jactus in pallentibus,  
Gratum marinis pabulum alitibus dabit.  Sed hoe quoque ibi prohibet Ulysses, prudentiae exemplar. Sophocles Antigone in ipsius Antigones laudem: 
Illa obsitum 〈◊〉 germanum suum,  
Non insepultum sivit, alitibus feris  
Canibusque fieri pabulum mordacibus.  Appianus Civilium primo, de interfectis jussu Marii: Nec cuiquam licebat quenquam interfectorum sepelire, sed viros tam egreglos lace abant aves & canes. Ammianus Marcell. l. 17. de Juliano: Sollicitusque ne dirae volucres consumerent corpora peremptorum sine discretio●… 〈◊〉 humari mandavit. Apud Virgilium legimus: 
— Non te optima mater  
Condet humo, patriove onerabit membra sepulcro;  
Alitibus linquere seris.—  , said Quintilian. And Cicero, Vexed by wild boasts, he wanted the common honour in his death.  
God in the Prophets, threateneth the Kings he hates, that they should have the burial of an Ass, that dogs should lick their blood. Nor doth Lactantius consider any thing else in burial, when he saith, We will not suffer the Image and work of God to lie a prey for beasts and birds; And Ambrose his words are these, You can do no better office for him, who is now past requiting of you: save him from the fouls of the air, save from the beasts a partaker of the same nature. But, though such injuries were not, yet for the body of man to be trod under foot, and broken, seems very unbecoming the dignity of his kind. That in Sopater's controversies is to our purpose: It is a comely thing to bury the dead, and by nature itself appointed unto bodies, lest they be vilified after death if they putrify naked. All the Gods are pleased to indulge this honour to bodies deprived of life. For, because it is unreasonable, the secrets of human nature should be exposed after death to the sight of all, we have received a custom of old, to Inter human bodies, that being laid up in their sepulchres they may conceal their rotteness. To the same purpose is that of Gregory Nyssen, That the Sun may not see what is shameful 
† Simili modo Agathias d●… moris esse, Obtegere puerperit pudorem. It a quam nihil natura simus, apparet in ortu & interitu. Quod ut significarent sapientes Hebraei, vetuere ne Plebeiae aut summae fortunae qui essent, aliusmodi fasciis involverentur, aut modo nati aut mortui.  to human nature. Hence it is, that the office of burying is said to be performed, not so much to the person, as the nature, [Non tam homini, quam humanitati:] whence Seneca and Quintilian called it public humanity, Petronius tralatitious. Whereunto this is Consequent, that Burial must not be envied, neither to our own, nor our Country's enemies. Of private enemies, excellent is that dissertation of Ulysses in Sophocles for the burial of Ajax, where we have this among the rest to Menelaus:  
After so many wise words said,  
Beware you do not wrong the dead.  
Euripides 
† Idem Supplicib. Pecere vobis si quid Argivi malè, Cecidere: in hosts ista vindicta est satis. Et Virg. Nullum cum victis certamen & aethere cassis. Quam sentententiam citans scriptor ad Herennium addit: Nam quod malorum est extremum acciditittis jam. Papinius, 
—— bellavimus: esto:  
Sed cecidere odia & tristes mors obruit iras.   gives the reason in his Antigone,  
men's quarrels die with their last breath:  
For what revenge is after death?  
And Optatus Milevitanus renders the same cause: If you had any difference living, let the other's death kill your hatred. He is now silent, with whom you quarrelled.   

LXXV. Burial is also due to public enemies.  
WHerefore also to public enemies, all men think Burial to be due 
† Belli hoc jus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocat Appianus: Belli Commercia Philo. Idem in Flaccum: Etiam qui in bello occubuerunt, eos homines solent ad sepulturam dare, illi quidem quibus benitatis & humanitatis plus est, suopte impendio: alit vero, qui edia & in mortuos extendunt, sub pactis dantes corpora, ne careant eorum quae mos imperat honore ultimo. De eadem re agens Lucanus hominum ritus in host servandos dixit. . Enemies do not envy burial, saith Tacitus: and Dio Chrysostomus having said, this is a Law observed among enemies in war, addeth, although their hate hath proceeded to the highest degree. Sopater above cited: What war hath deprived mankind of this last honour? What enmity hath so far extended the memory of evil deeds, as to dare violate this Law? Dio Chrysostom cited a little afore, in his Oration of Law: By this, no man judgeth dead men enemies, nor is anger and disgrace extended to their bodies. And examples are every where 
* Josephus in leg b. Sepeliantur & hosts. Agamemnon Trojanos sepelit Iliad. n. Antigonus Pyrrhum apud Plutarchum. Vide eundem in vita Thesei.  extant. So Hercules sought his enemies, Alexander those slain at Issus, Hannibal sought C. Flaminius, P. Aemilius, Tib. Gracchus, Marcellus 
† Plutarch Marcello. Credas, inquit Silius Italicus, Sidonium cecedisse ducem. , Romans, to bury them. The same was done by the Romans for Hanno, for Mithridates by Pompey, by Demetrius for many, for King Archelaus by Antonius. It was in the oath of the Greeks warring against the Persians: I will bury all my fellows, being victorious, I will bury the Barbarians too: and frequently in histories you may read of leave obtained to carry off the dead. We have an example in Pausanias: The Athenians say, they had buried 
Atticis.  the Medes, because it was their Religion to Inter all the dead, whatsoever they were. Wherefore, by the interpretation of the ancient Hebrews, the High Priest, when otherwise he was forbidden to be present at any funeral, was commanded nevertheless to put into the earth 
Idem ex jure Pontificio Romano Servius notat.  a man found unburied. But Christians so much esteemed sepulture, that for this, as well as to feed the poor, or to redeem captives, they thought even the consecrated Vessels of the Church might be lawfully coined or sold. There are indeed examples also to the contrary, but condemned by common judgement 
† Hune oro defende furorem, est apud Virgilium. Interpretatur Servius, Inimicorum iram & post fala saevire cupientem. Apud Claudianum:— bominemque cruentus Exit, & tenuem caesis i●…vidit arenam. Diodorus Siculus: Ferinum est bellum gerere cum morluis, qui ejusdem naturae suerint. .   

LXXVI. Whether Burial be due to notorious malefactors.  
COncerning these, I see there are causes of doubting. The divino Law given to the Hebrews, the mistress, as of every virtue, so of humanity too, commands that they which were hanged on a tree (which was esteemed very 
* Numb. 25. 4: Deut. 21. 23. 2 Sam. 21. 26.  ignominious) should be buried the same day. Hence Josephus saith, The Jews have such care of sepulture, that they take down the bodies condemned to public execution, before Sunset, and commit them to the earth: and other Hebrew interpreters add, This reverence was given to the divine image, after which man was made. Aegisthus, who had seconded his adultery with the murder of the King, was buried by Orestes the son of the murdered King, as Homer relates. 
Odyss. 3. L. 1. de cap. punit.  And among the Romans, Ulpian saith, the bodies of them that are condemned to die are not to be denied their kindred: yea Paulus his opinion is, they are to be granted to any, whoever they be, that ask them. And Dioclesian and Maximian Emperors answered thus: We do not 
L. 2. c. de Relig. Hujus Romanorum moris mentio est apud Philonem contra Flaccum.  forbid, that offenders, after execution worthy of their crimes, be delivered to the grave. Indeed, we read in histories examples of them that have been cast out 
* Id 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dixit Josephus in morte Judaeorum Regis Alexandri. Add Quintil●… declam. 4.  unburied, more frequent in Civil than Foreign wars: and at this day we see the bodies of some condemned persons to be left a long time in public view: which manner yet, whether it be commendable, is disputed not by Politics only, but Divines. On the contrary, we find, they are praised, who gave burial to the bodies of such as had not permitted the same to others, namely Pausantas King of the Lacedæmonians, who being provoked by the Aeginetae to revenge the deed of the Persians upon Leonides, with the like deed, rejected the advice as unworthy of the Grecian name 
† Apud Papin. Theseus Creontem sic alloquitur:— Vade atradaturus Supplicia, extremique tamen secure Sepulchri. . And the Pharisees buried Alexander Jannaeus, who had been very contumelious against his dead Countrymen 
* Jos. Antiq. l 13. c. 13. & Gorion. . But if God sometimes hath punished some with the loss of burial, he hath done this above the constituted Laws; and, that David kept the head of Goliath to be showed, was done against an Alien, a Contemner of God, and under that Law, which extended the name of Neighbour to the Hebrews only.   

LXXVI. Whether it be due to those that have killed themselves? to the sacrilegious and traitorous?  
IT is here worthy to be noted, concerning burial of the dead, that the rule among the Hebrews themselves had an exception of them that had laid violent 
Lib. 3. de Bel. Jud. cap. 25. Heges. l. 3. c. 17. Gell. l. 15. c. 10.  hands upom themselves, as Josephus tells us: Nor is it any wonder, when no other punishment can be appointed them that esteem not death for a punishment. So the Milesian maids were frighted from voluntary death, and likewise the 
† Servius ad 12. Aen. Sane sciendum quod cautum fuerat in Pontificalibus libris, ut qui laqueo vitam finiisset insepultus abjiceretur. ●…de ●…rito ait informis Lethi, quasi mortis infamissimae. Ergo cum ninihil sit bac morte desormius, poetam etiam pro Reginae dignitate dixisse accipiamus. Cassius autem Hemina ait Tarquinium Superbum, cum cloacas facere populum coegisset, & ob hanc injuriam multi se suspendio necarent, jussisse corpora eorum cruci affigi. Tunc primum turpe habitumest, mortem sibi consciscere.  Plebs of Rome sometime, though Pliny 
* Plin. lib. 36. cap. 15.  approve it not. So the body of Cleomenes, who had slain himself, Ptolemy commanded to be hanged up. And saith Aristotle, it 
Nic. 5. 5.  is commonly received 
† Athenis Aeschinis tempore ejus qui se interfecisset manus scorsim à corpore sepeliebatur. Aeschin. in Ctesiph. Add Hegesippum lib. 3. cap. 17. Orat. 65. Vide Stob. ●…it. 126. & Sophoc. Ajace. , that some disgrace be done to them, who have been the Authors of their own death: which Andronicus Rhodius expounding saith, their bodies were forbidden to be buried. And this among other Decrees of Demonassa Queen of Cyprus is commended by Dion Chrysostomus. Nor is that any great objection against this custom, that Homer, Aeschylus, Sophocles, Moschio and others say, That the dead feel nothing: and therefore can neither be affected with loss nor shame. For it is sufficient, that that which is inflicted on the dead be feared by the living, and they by this means be deterred from sin. Excellently do the Platonists maintain against the Stoics, and whoever else admit the avoiding of servitude and diseases, yea and the hope of glory, for a just cause of voluntary death, That the soul is to be retained in the custody of the body, and that we must not depart out of this life without his command who gave it to us. To which point, much may be seen in Plotinus, Olympiodorus, and Macrobius upon Scipio's dream. Brutus was at first of this judgement, and condemned 
† Et Philosophorum non pauci extra Stoicos. Seneca Epistola 70. Invenies etiam professos sapientiam, qui vim asferendam vitae suae negent, & nefas judicent ipsum interemptorem sui sieri. Expectandum esse exitum quem natura decrevit. Procopius Gotthicorum 4. Violentus vitae exitus res inutilis & plena insipientis impetus, & illa in mortem ferens audacia, consilio cum careat, prudentibus judicatur immerito sibi sortitudinis nomen usurpare. Tum vero & illud cogitandum, ne in Deum sitis ingrati.  the fact of Cato, which afterward he imitated: For he thought it neither pious nor manly to yield to fortune, and fly away from imminent adversities, which are courageously to be undergone. And Megasthenes noted the fact of Calanus to be reprehended by the Indian wisemen, whose doctrines did not suit with such an end of men impatient of life. The Persians 
* Idem Arabibus visu●… non minus quam Indis & Persis, è Jobo discas c. 3. 21. , it seems, were of the same opinion: whose King Dartus saith in the Historian 
* Cult. l. 5. , I had rather die by another's crime, than by my own. Upon this ground, the Hebrews said to die was to be 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  dismissed: as we may see, not only Lu. 20. 29. but also in the Greek version, Gen. 25. 2. & Numb. 20. in fine. A phrase used by the Grecians too. Themistius, de anima, They say, a man that dies is dismissed, and death they call a departure or dismission. In Plutarch's consolation the word is used in the same sense: Until God himself dismiss us. Yet some 
† Variasse Hebraeorum super hac quaestione sententias cognoscas ex Josepho, ubi de morte Phasaelis & de deliberatione Herodis agitur. Judaei ad Petronium, Philone recitante: Miscebimus inter nos sanguinem, morte sponte sumta; tum mortuis ista imperentur. Ne Deus quidem nos culpet in duo intentos, ut & Imperatorem revereamur, & sacratas Leges custodiamus. Id autem ita demum efficere dabitur, si abeamus hinc contemta vita minime vitali.  of the Hebrews, concerning the Law of not Killing himself, except one case, as an honourable exit, if one see he is like to live to the reproach of God himself. For, because they hold, not we ourselves but God hath power over our life (as Josephus rightly instructed his soldiers:) they think, a presumption of the will of God is that alone, which may perfect the resolution of anticipating death. And to this they refer Samson's example, who saw true Religion exposed to contempt in the sport made with him; and Saul's, who fell upon his sword, that he might not be mocked by God's and his enemies. For they suppose he repent, after Samuel's 
1 Sam. 31. 4.  ghost foretold him of his death; which, though he knew would come to pass, if he did fight, he nevertheless declined not the battle for his Country and the Law of God, and thence got eternal honour, even by David's Elegy: who also gave to them that honourably buried Saul's body, a testimony of their welldoing. There 
2 Macc. 14. 37.  is a third example of Razes a Jerusalem Senator in the history of the Maccabees. Moreover, in the Christian history, we read like examples, of them 
Vide Euseh.  that died by their own hands, lest by the force of torments they should be compelled to forswear the Christian Religion; and of Virgins, who that they might not lose their virginity, 
† Narrat Cicero nobilissimas Virgines se in puteos abjecisse, & morte voluntaria nefariam tu picudinem depulisse, Oratione de Pro vinciis Consularibus. Ta le est & quod de Milesiis virginibus memorat Hieronymus adversus Jovinianum; & epigramma vetus Anthologiae l. 3. Tit. de ●…venibus incipiens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Narrant & Judaei faeminam in navi ad stuprum expetitam, cum à marito quaesiisset, an & mari mersa corpora essent resurrectura, isque id affirmasset, jecisse se in mare. Christianarum autem mulierum plurima sanè habemus exempla. Feminarum Antiochenarum sub Dicclesiano; Sophroniae sub Maxentio, in martyro ogiis, Zonaca, Sexto Aurelio. Alias Antiochenas sub Chosroe addit Procopius Persicorum 〈◊〉. Laudat Virgins, quae morte pudorem servarant, Ambro●…. Hieronymus in Commentariis ad finem capitis primi Jonae: Vnde & in persecutionibus non licet mihi propria perire manu, absque 〈◊〉 castitas periclitatur.  cast themselves into the river; whom also the Church hath listed in the noble Army of Martyrs. But yet, of these, it is worth our pains to see what Augustine's 
* Lib. de Civit. Dei c. 26. epist. 61. ad Dul●…. & lib. 2. c. 13. contra 2. Gaudent. epist. Cui addere licet Chrysostomum, Gal. 1. 4. & Concilium Aurelianense 3. Oblationes desunctorum qui 〈◊〉 aliquo crimine fuerint interempti, recipi debere censemus, si 〈◊〉 ipsi sibi mortem probentur propriis manibus intulisse. Et tamen is ipse August. l. 1. de Civit. Dei cap. 16. Ac per hoc & quae se occiderant, ne quicquam hujusmodi paterentur, quis humanus affectus eye ignosc●…? Capitulare autem Franc●…c. lib. 6. 70. De eo qui se●…sum occidit, aut laqueo se suspendit, consideratum est, ut si quis co●…tiens v●… elecmosynam dare, tribuat, & orationes in Psalmodiis faciat: Oblationibus tamen & Missis ipsi careant; quia incomprehensibilia s●… judicia Dei & profunditatem Consilii ejus nemo potest investigart.  opinion is. Another exception also, I see, obtained among the Greeks, opposed by the Locri to the Phocenses: 
† Diod. lib. 16. Rhodiaca.  That it is a common custom among all the Greeks, to cast away sacrilegious persons unburied: And so Dion Prusaeensis saith, the impious and profane are denied burial. The same, at Athens, was constituted against Traitors, as Plutarch relates 
† At Nicetas l. 3. vitae Alexii fratris Isaaci, cum narrasset mortem Joannis Comneni Crassis, qui per seditionem imperium affectaverat, sic loquitur: Post corpus inde ablatum, canibus & avibus esca ponitur: quod ab humanitate alienum ac paenè ferinum omnibus videbatur. . But, to 
Antiphonte.  return to my purpose, for sepulture denied, the ancients with great consent have judged, war may justly be undertaken, as appears by the forementioned history of Theseus, handled by Euripides in his supplices, and by Isocrates in the place alleged.   

LXXVIII. Of Punishments. The Definition of punishment, and the original.  
FActs, which are the causes of war, are considered two ways; as they are to be repaired, or as they are to be punished. This later part, which is of punishments, is the more diligently to be handled by us, because the original and nature thereof not well understood hath given occasion to many errors. Punishment, in general, is the evil of passion, which is inflicted for the evil of action. For, though certain works are wont to be imposed upon some by way of punishment, yet those works are to be considered only as troublesome, and therefore are to be referrd to passions. And the incommodities suffered by some by reason of a contagious disease, or a maimed body, or other impurities, such as are many in the Hebraw Law, to wit, to be kept from assemblies or functions, are not properly punishments, although for a certain similitude, and abusively, 
Lib. de exilio  they are called so. Now, among the things which nature itself dictates to be lawful and not unjust, this is one, that he who hath done evil should suffer evil: which the Philosophers call a most ancient and Rhadamanthean Law. Pertinent is that saying of Plutarch, Justice accompanieth God, to punish them that transgress the Law Divine: which all we men by n●…ture use against all men as fellows. Plato said, Neither God nor man will say, that an offender ought not be punished. And Hierax, by this as the noblest part, defined Justice, an exacting 
† Et Hierocles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lactantii dictum est, de ira Dei c. 17. Non exiguo falluntur errore, qui censuram sive humanam sive divinam acerbitatis & malitiae nomine infamant, putantes nocentem dici oportere, qui nocentes afficit poena. Conven●…t huc & illud Belisarii apud Procoplum Vandal. 1. Primum justitiae documentum erit poena exacta de injustis intersectoribus. Add Agath. l. 5. ubi de Anatolio.  of punishment from offenders. What we have said, that punishment properly so named, must be rendered to some offence, this is also noted by Augustin; All punishment, saith he, if it be just, is the punishment of sin. Which is to be understood of those punishments too, that God inflicteth, though in them sometimes, by reason of human ignorance, as the same Father speaketh 
† Augustin: Latet culpa, ubi non latet poena. , the sin is secret, where the punishment is not secret.   

LXXI. Who should punish an Evil-doer.  
REason dictates, that an evil-doer 
* August. Si non reddit faciendo quod debet, reddet patiendo quod debet. Philo: Peccare dum festinatis, ad poenas ferendas festinatis.  may be punished, not who should punish him: but that nature sufficiently showeth, it is most convenient to be done by him that is superior: yet doth it not demonstrate this to be necessary, except superior be taken in that sense, that the evil-doer be thought to have made himself thereby inferior to any other, and to have as it were degraded himself from the order of men into the number of beasts subject to man, as some Divines have determined. 
Tho. 2. 2. qu. 64. art. 1. & lb. Cajet. Sic & Moses Maimon ad Deut. 33. 7. Pol. 14.  Democritus: By nature it is ordained, that the better command the worse. And Aristotle saith, the worse are provided for the use of the better, as well in naturals as artificials. It follows hence, that at least a guilty person ought not to be punished by another equally guilty: to which purpose is that sentence of Christ, Whosoever of you is without sin 
Jo. 8. 7.  (such a sin) let him throw the first stone. Which he therefore spoke, because in that age the manners of the Jews were most corrupt, so that they who would seem most pure were in the mire of Adultery and such like crimes, as we may perceive Ro. 2. 22. The same that Christ had said, the Apostle said also: Therefore thou art inexcusable, O man, whosoever thou art that judgest: for, wherein thou judge●… another, thou condemnest thyself: for th●… that judgest dost the same things. Th●… of Seneca is pertinent; The sentence 〈◊〉 have no authority, where he that judgeth is to be condemned. And elsewhere, The respect of ourselves will make us more moderate, if we consult ourselves, whether we also have not committed the like 
† Pertinet huc & Ambrosi locus serm. 20. in Psal. Beali immac. item Cassiodori 6. 21. . Ambrose in the Apology of David: Whosoever will judge of another, in him judge of himself first; neither let him condemn lesser faults in another, when himself hath committed greater.   

LXXX. Of the end of punishment  
NOcent persons are not injured if they are punished: yet doth it not thence follow that always they must be punished. Nor is it true. For, both God and and men forgive many things to many nocent ones, and are praised for it. Famous is that saying of Plato, which Seneca turns, to this effect: No wise 
Plato de Leg. Sen. de clem.  man inflicteth punishment, because a fault is done but that it may be done no more. For things past cannot be revoked: the future are prohibited. Again, We will not hurt a man, because he hath offended, but that he may not offend; nor shall punishment ever be referred to what is past, but what is to come: for it is not anger but caution. Diodotus in Thucydides speaking of the Mitileneans to the Athenians, saith, Although I grant them to have dealt very unjustly, yet I will not yield they should be slain, except it be expedient. This is true of men punishing: for one man is so bound unto another by consanguinity, that he ought not hurt him, without it be for the obtaining of some good 
† Cassiodor. de Amicit. Quod si manus una casu aliquo forte laedat alteram, illa quae laesa est non repercutit, nec se erigit in vindictam. . In God 'tis otherwise, to whom Plato 
* Gorgia.  ill extends his sayings. For the actions of God may be grounded on the right of his supreme dominion, especially where the special merit of man is also found, though they propose unto themselves no end beside themselves: and so some Hebrews expound that apposite place of Solomon, in this sense, God hath 
Moses Maim. in directore dubitantium l. 2. c. 13. & Rab. Iram. ad Prov. 16. 4.  made all things for themselves, even the wicked for the evil day: that is, even then when he punisheth the wicked, he doth it for no other end, but that he may punish. Yet, if we follow the more received interpretation, 'twill be all one: that God may be said to have made all things for himself: that is, by the right of his sovereignty and perfection seeking or respecting nothing beside himself: as God is said to be of himself, because he is not 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  of any. Certainly, that the punishments of some very wretched persons are exacted by God, not for any thing else, the holy writ testifies, where we read, that 
Deut. 28. 63. Es. 1. 24. Prov. 1. 26.  he taketh pleasure in their calamity, that he laugheth and mocketh at wicked men. And moreover, the last Judgement, after which no Amendment is expected, and also some secret punishments in this life, as obduration, evince it to be true, that we say against Plato. Never●… man, when he punisheth man, tha●… by nature equal to him, aught to 〈◊〉 somewhat 
Th. 2. 2. q. 108. Silu. in verb. vindicta.  to himself. And this is that which the Schoolmen say, the mind of the punisher ought not acquiesce in the evil of any one. Yea, before them Plato in his Gorgias saith, They that punish any one with death, or exile, or mulct, do will it, not simply, but for some good end. And Seneca: We must come to vengeance, 
Sen. lib. 2. de ira. c. 32. Idem, c. 22. Exsequar quia oportet, non quia dolet. Arist. 7. de repub. c. 13.  not as if it were sweet to revenge, but prefitable. And Aristotle saith, Some things are honest simply, some upon necessity, and gives an example of the later in the exaction of punishment.   

LXXXI. In what sense Revenge is naturally unlawful.  
WHerefore that which is said, that the pain 
† Mimus: Laeso doloris remedium inimici dolour. Cicero 〈◊〉 a●… poena mitigari. Idem dicit Plutarchu●… ex Simonide.  of the injured person is cased by revenge or punishment of the offender, agrees indeed with that nature which man hath common with beasts 
* Ind ista Homcrica: 
— illum sera prenderat ira item:  
Esserat ipse animum magnum sibi pectore in allo.  , For, anger is, as in beasts, so in man, as Eustathius rightly defines it, a fervour 
† Ind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bilem extinguere,  of the blood about the heart from an appetite of revenge: which appetite is of itself so void of reason, that it is often carried against those things that did no hurt, as, against the young ones of the beast thath hath offended, or, against things senseless 
* Sen. de ira l. 2. c. 26. His irasci quam stultum est, quae iram nostram nec meruerunt, nec sentiunt. Brasiliani, feri homines, de ferro, ita ut de homine, se vindicant. , as against a stone thrown at a dog. But such an appetite considered in itself agrees not to the rational part, whose office 'tis to command the affections 
† Vide quae in hanc rem Seneca de ira l. 1. cap. 5. : and therefore not to the Law of Nature, because that is the dictate of the rational and social Nature, as such. Now, reason dictates, man must do nothing to hurt another man, unless it have some good end. And in the pain of the enemy alone, so nakedly considered, there is no good but false and imaginary: as in superfluous riches, and many other things of like sort. In this sense, not only Christian Doctors, but Philosophers too 
* Plato Gorgia. vide de eo Theodoretum lib. 20. curationis. , condemn revenge in men. Seneca 
† Lib. 2. de ira. cap. 32. : Revenge is an inhuman word, received indeed for just, but differs from contumely in order only: He that returneth pain, offends, only he hath some excuse. Yea, if we believe Maximus Tyrius, He is more unjust, who revengeth himself, than he, who gave the first hurt. Musonius saith, To devise how one may bite him that bites, and hurt him that hurts, is the part of a beast, non of a man. In Plutarch Dion, he that turned Plato's wisdom to civil acts: Revenge, by the judgement of Law, is esteemed more just than the offered injury: but if Nature judge, it springs out of the same disease of mind. Wherefore it is repugnant to the nature of man, dealing with man, to be satiated with another's pain, as it is pain. And by consequence, the less rational any man is, the more revengeful. Juvenal. Sat. 13.  
Revenge than life itself's a greater good. 
Sir R. S.   
Thus fools 
† Seneca de ira l. 1. 3. Atqui iracundissimi infantes senesque & agri sunt, & invalidum omne natura querulum est.  at no cause, or at toys, take fire;  
The least occasion serves to blow up ire.  
Chrysippus his opinion was not such,  
Mild natured Thales would not say thus much;  
The good old man, that did a neighbour live  
To sweet Hymettus, would not fettered, give  
Part of that hemlock in his cup infused,  
Even to the slave by whom he was accused.  
Happy Philosophy! that by degrees  
Kills vice's first, than souls from error frees.  
For to rejoice, when those we hate do smart,  
Argues a feeble and a narrow heart:  
Which instantly you may from hence collect,  
That women 
* Terent. Hecyra. 
Pueri inter sese quam pro levibus noxiis iras gerunt.  
Quapropter? quia enim qui eos gubernat animus infirmum gerunt.  
Itidem mulieres sunt ferme ut pueri, levi sententia.   most of all Revenge affect.  
In the same sense Lactantius: Unlearned and unwise men, if at any time they receive injury, are drawn by à blind and unreasonable fury, and labour to repay the like to those that offend them. It is plain then, that man is not rightly punished by man, only for the punishment sake. What utilities make the punishment right, let us now see.   

LXXXII. The utility of punishment is threefold.  
HEre is pertinent that partition of punishments, which Plato hath in his Gorgias, and Taurus the Philosopher upon that place, whose words are rehearsed by Gellius. For those partitions are taken from the end, but that, when Plato had set down two ends Amendment and Example, Taurus adds a third 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
* Tria haec 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, emendationem, satisfactionem, exemplum, etiam Chrysoft. ponit in 1. ad Cor. 11. , which Clemens of Alexandria defines, a retribution of evil, which is referred to the profit of the exactor. Aristotle 
* Rhet. 1. c. 10. , who omitting exemplary punishments, puts down this species 
† Plutarch quoque eam non omisit, cum dixit: Quae facinus statim subsequuntur poenae non modo in posterum inhibene delinquendi audaciam, sed & injuria affectos maximè consolantur.  only, with amendment, saith it is used, for the exactors sake, that he may be satisfied. And this is properly that which the same Aristotle refers to the justice, which he calls Commutative. But these things are to be examined more narrowly. We will therefore say, that in punishments is respected either the utility of him that hath offended, or of him against whose interest the offence was, or of any other indistinctly. To the first of these ends belongs the punishment called by Philosophers, sometime 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sometime 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sometime 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: Paulus the Lawyer calls it punishment for emendation, Plato to make one wise, Plutarch a medicine of the mind, having this effect to make one better by way of Physic, which works by Contraries. For because all action, expecially deliberate and frequent, bege●…s a certain proclivity to the like, which after growth is called a habit; therefore with all speed vices are to be deprived of their allurement: and this cannot be better done, than by embittering their sweetness with some pain 
* Sen. de ira l. 5. Quemadmodum quaedam hostilia detorta, ut corrigamus, adurimus, & adactis cuneis, non ut frangamus, sed ut explicemus elidimus: sic ingentia vitia prava, dolore corporis animique corrigimus. Annal. 3.  following. The Platonists in Apuleius: It is worse than any punishment, if the guilty escape unpunished: and in Tacitus we read, The corrupted and corrupting mind, sick and instamed, is to be restrained and cooled with remedies as vehement, as the lusts wherewith it burneth.   

LXXXIII. Of punishing a delinquent for his own benefit.  
PUnishment for this end is by nature lawful for any one that is of good judgement and not obnoxious to the same or equal vices, as appears by that castigation which is by words 
† Plautus Trin. Amicum castigare ob meritam noxiam, Immune est facinus, verum in aetate utile. . but in stripes and other punishments that contain somewhat of coaction, the difference between persons that may, or may not, 
Vide August. Enchlr. c. 72.  is not made by nature (nor could it be made, only reason peculiarly commends to parents the use of that right over their Children by the nearness of affection) but by Laws, which for the avoiding of contention, have restrained that common propinquity of mankind to the next Relations, as may be seen, both elsewhere, and in Justinians Code (tit. de emendatione propinquorum.) Whither perteins also that of Xenophon to his Soldiers: If I have beaten any one for his good, I confess I owe such a punishment, as parents do to their Children, Masters to their Scholars; And Physicians too, for their patient's recovery, sear and cut. Lactantius lib. 6. Jubet Deus etc. God commands us always to have our hand over our inferiors, to chastise them daily for their offences, lest by our unprofitable love and too much indulgence, they be ill bred and nourished for vice. But this kind of punishment cannot extend unto death, except reductively, as negations are reduced to the opposite things. For as Christ said, it had been better for some, that is, not so bad, if 
Mar. 14. 21.  they had never been, so to incurable natures it is better, that is, less evil, to die than to live, when it is certain, they will become worse by living. Seneca speaks of 
De ira.  such, when he saith, To perish is sometime for the good of those that perish 
* Jambl. Quomodo suppurat●… melius est uri quam sic manere, ita improbo mori quam vivere.  Such a one Plutarch saith, is hurtful indeed to others, but most of all to himself. And Galen, when he had said men are punished with death, first that living they may not hurt, next that others by fear of punishment may be deterred, adds, And thirdly, it is expedient for themselves to die, being so sick and corrupted in their mind, that they cannot be restored to health. Some think, these are they whom John the Apostle saith do sin to death: but 
1 John 5. 16.  because the arguments hereof are fallacious, we are taught by charity to have no man for deplored, and past hope; so that punishment for this end can have place but very seldom.   

LXXXV. Of punishment for his profit who was offended. And of revenge by the Law of Nations.  
THe 
* Etiam hujus rei in feris imago quaedam. Leo in adulterae poenam co●…surgit. Plin. Hist. nac. 8. 16.  utility of him, against whose interest the fault was made, is herein placed, that he suffer the like no more, neither from the same nor others. Gellius out of Taurus describes it thus: When the dignity or authority of him that is wronged is to be maintained, lest pretermission of the penalty breed contempt of him, and diminish his respect. What is here said of authority wronged, is to be understood of every one's liberty or other right, wherein he is injured. In Tacitus we read, He should provide for his security by a just revenge. That the injured party may not suffer wrong from the same hand, three ways may be taken: first, by destroying the person that hath offended; secondly, by weaking his force that he may not be able to do hurt; and lastly, if he be taught by his own evil to do so no more, which is the same with emendation, whereof we spoke even now. That the injured party may not be hurt by others, is effected, not by every punishment, but that which is open, conspicuous and exemplary. If then, to these ends, and within the bounds of equity, vindication be directed, though private, if we respect the bare Law of Nature, abstract from Laws Divine and Human, and from all not necessary accidents to the thing, it is not unlawful; whether it be made by him that is wronged, or by another, seeing it is consentaneous to nature that man should receive aid from man. And in this sense may be admitted, that Cicero, having said, the Law of Nature is that which comes not from 
De Invent. 2.  opinion but innate virtue, among the examples of it placeth Vindication, which he opposerh to Favour: and that none might doubt how much he would have to be understood by that name, he defines Vindication, Whereby by defending or revenging we keep off force and contumely from us, and ours, who ought to be dear unto us; and whereby we punish offences 
† Mithridates apud Justinum lib. 38 Adversus latronem, st nequeant pro salute, pro ultione tamen sua, omnes ferrum stringere. Hoc ipsum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocat in vita Arati Plutarch. Apud eundem Romulus de Tatio occiso á Laurencibus: Caedem caede pensatam. Idem Plut. de Mantinensibus male tractatis ab Achaeis: Et haec quidem ultionis ●…quitatem in 〈◊〉 hahebant. Belisarius apud Procopium Vandalic. 1. Natu●…alis enim est laesi hominis in eum qui vim intulit inimicitia. . By this natural right Samson defending himself against the Philistines, saith, He should be guiltless, if he did return evil for evil to them; and after a slaug●…ter made, He defends his doing by the same reason, saying, he had served them, as they would have served him. The Pla●…ans in Thucydides; Justly have we taken revenge upon them, by the Law received among all men, allowing recompense to enemies. It is a common Law among men, saith 
* Orat. cont. Aristocrat.  Demosthenes, that we may be revenged of him that takes our goods by violence. And jugurtha in Sallust, when he had said, Adherb●… lay in wait against his life, adds, the people of Rome would do tha●… which is n●… good nor right, if they hindered him from the right of Nations, that is, from re●…nge. 
† Orat. pro quatuor.  Aristides the Orator sait●… 〈◊〉, and Authors of Laws, and Proverbs and Orators, and all men 〈◊〉 approve 〈◊〉 this; That revenge sho●…a be 〈◊〉 of 〈◊〉 that have offerdinjury. The Maccabees are praised by 
* De offic. l. 1. c. 40. Epist. 29. Eundem vide orat. contra Symmachum. Vide Joseph. Antiqu. 13. 1. de vindicata Johannis morte.  Ambrose for rev●…ging the death of their innocent brethren, even on the Sabbath. The same Father disputing against the Jews making grievous complaint that their Church was fired by the Christians, saith, should I plead the Law of Nations, I might show how many Churches the Jews set on fire in the time of Julian' s Empire; where he calls it the Law of Nations, to render like for like 
† Sic & Liv. lib. 1. Cum Laurentes jure gentium agerent. Nec aliter apud Tacitum Civilis: Egregium pretium laboris cepi necem sratris & vincula mea, & saevissimas hujus exercitus voces, quibus ad supplicium petitus jure gentium poe●…as reposco. Hist. 4. . But because in our and our friends affairs we are corrupted by affection, therefore many families came together into one place, judges were appointed, and power was given to these alone to avenge the injured, the liberty which nature had indulged being taken away from others 
* Lucretius: Acrius ex ira quod enim se quisque parabat ulcisci, quam nunc conc●…ssum est legibus aequis, Hanc ob rem est homines pertaesum vi colere aequum. . Demosthenes: It was decrecd, ●…ustice should be done, in all these in●…uries, according to the Laws, and not according to every one's lust 
† Tindareus adversus Orestes. apud Eurip. Irata si uxor conjugem occidet suum, Hanc ultor ipse filius tradet neci, Et rursus illo genitus hanc caedem nova Caede expiabit, sine quo stabunt mala? Aristid. orat. de pace. Quis enim Graecorum erit reliquus si propter eos qui jamperiere, superstites alli perpetuo idem malorum serent. L. nulli C. de Jud. Cassiod. ep. 1. l. 4.  and pleasure. Quintilian: The compensation of injury is not only against Law, but peace. For there is the Law, the Court, the judge, unless one be ashamed to seek a remedy by Law. The Emperor's Honorius and Theodosius: Therefore are judgements in force, and the public Laws ordained for the protection of men, that none may take the liberty to revenge himself. King Theodoricus: Hence was the sacred reverence of Laws found out, that nothing might be done by violent hands, nothing by the impulse of a private spirit. Howbe it, the old natural liberty remains, first 〈◊〉 places where are no judgements, as on the Sea. Whither perhaps may be referrd that 
Vell. Pat. lib. 2. & Plut. in Caes.  act of C. Caesar: who being yet a private man pursued the Pirates, by whom he had been taken, with such a navy as he could provide in haste, and partly chased, partly sunk their ships: and, when the Proconsul neglected to do justice upon the captives, himself returning to Sea hanged them up. The same will have place in deserts, or where they live like the Nomads. So among the Umbrici 
† An umbros in Italia significatos volunt? Apud Afrorum multos idem moris fuisse testis Leo Afer lib. 2. , 
* Apud Stob. de Legibus.  Nicolaus D●…mascenus relates, every one was his own Avenger: which also is done done at this day among the Moscht, some time after an address to the judge. Nor had Duels and single Combats any other original, which before Christianity were used by the Germane Nations 
* Gotthos' suos corrigens Rex Theodericus apud Cassiodorum 3. 23. Remove consuetudives abominanter inolitas, verbis ibi potius non armis res iractetur. & 24. Car ad monomachiam recurritis? quid opus est homini lingua, si causam manus agit armata? Trachoni●…is in Oriente: Mos omnibus modis ultionem sumere de propinquorum homicldis. Sen. 1. de Clementia. 203. , and in some places are not yet enough disused. Therefore the Germans, in Velleius Paterculus, wonder, when they beheld the form of the Roman Jurisdiction that they ended injuries by justice, that things wont to be decided by arms were determined by Law. The Hebrew Law permits the Kinsman of one slain to kill the manslayer without the places of refuge: and the Hebrew interpreters do rightly note, that such a recompense, for the dead, may be required by force; for one self, as in a wound, not unless by the judge; because, moderation is more difficult where a mans own pain is urgent. A like custom of privately revenging slaughter was among the most ancient Greeks, as appears by Theoclymenes 
Odiss. 6.  words in Homer. But most frequent are the examples hereof amongst them that have not any common judge. Hence are just wars defined to be those that revenge 
L. 2. q. 10. super Joh.  injuries, as Austin saith; and Plato approves of force of arms, until they 
L. de rep. 12.  that are in fault be compelled to give satisfaction to the innocent and wronged party.   

LXXXVI. The end of punishment is also the profit of All.  
THe utility of all sorts, which was the third end, hath the same parts with that which perteins to the wronged person. For, either this is the intent, that he who hath wronged one, may not wrong others (which is brought to pass by destroying him, or by weakening him, or by binding him so that he may not be able to hurt, or by amending him:) or, lest others encouraged by his impunity be troublesome 
† Plin. l. 8. c. 16.  to any other persons, which end is obtained 
Polybius Leones ob hominum appetitum crucisixos vidit, quia coeteri metu poenae similis absterrcrentur eadem noxa.  by conspicuous punishments; which the Greeks call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Latins exempla: which are therefore used, that the punishment of one may be the fear of many: that by the kind of punishment others may be deterred, as the 
* Quoniam C. ad L. Flaviam. l. 1. C. ad L. Jul. rep.  Laws speak: that others may beware and fear, as Demosthenes. The power also of this Law is in every man's hand naturally. S●… Plutarch 
† Praec. pol. Idem Pelopida; Prima eademque antiquissima lex eum qui servare potest ei qui salute opus habet naturaliter magistratum designat. Et Philopomene: Suscepit cives suos, qui neque legum neque suffragiorunt tempus expectaverant: sed ipsum sequebantur naturae lege, quae semper po tiorem vult imperare deterioribus. Similia apud cum habes sine vitae F. Flaminii. Scriptor de causis corrupti eloqu. de oratoribus agens: Hi ne privati quietem sine potestate 〈◊〉 cum & populum & Scnalum consilio & auctoritate regerent. Chrysost 2. ad Cor. 7. 13 de Mose: Etiam antequam manu populum edu●…, dux erat ipsis sactis. Valde igitur stul è Hebraeus ille ei dixit, Q●… constituit nobis principem ac judicem? quid dicis? Facta vides, & 〈◊〉 nomine sacis controversiam? velut si quis medicum videat optimè suo●… tem ac sic opitulantem aegro corporis membro, deinde ei dicat, Quia 〈◊〉 constituit medicum, quis sacare praecepit? Ars, mi bone vir, & 〈◊〉 tuus: sic & Mosem sua peritia talem fecit. Name & imperare non dignitas tantum est, sed & ars, & quidem omnium artium sublim 〈◊〉. Tractat idem scriptor hoc ipsum argumentum ad Eph. 3. in fine Tua, inquit, injustitia, tuaseritas me constituit Principem & Judicem. Euripides Iphigenia in Aulide: Mente qui prudente pollit, 〈◊〉 magistratum gerit.  saith, a good man is by nature designed a Magistrate, and that perpetual: For by the very Law of Nature he is Prince that doth just things. So Tully proves by the example of Nasica, that a wise man never is a private man; and Horace calls Lollius Consul not of one year; Which sayings are nevertheless to be understood in a Commonwealth, so far as the Laws thereof do bear. Of this natural right Democritus; He that 〈◊〉 a Thief or a Robber any way, either by his own strength, or by command, or by suffrage, is innocent. And † Seneca: When I shall command a malefactor's head to be cut off, I will be of the same mind and countenance, as when I smite Serpents 
Lib. 2. de ira.  and venomous creatures 
† Cl. Neap. a pud Porphyrium l. 1. de non esu anim. Serpentem & Scorpium, etiam si ipsi ab iis non impetamur, occidimus, ne cui noceant alii, & vindictam hanc praestamus humano generi. Pythagoras apud Ovidium Metam 15.— Nostrumque petentia lethum corpora Missa neci sale va pietate fatemur. . But, whereas both the inquisition of the fact often requires great diligence, and the estimation of the penalty, much of wisdom and equity, lest, while every one presumed too much of himself, others not giving place, contentions should arise, therefore it pleased the just communities of men to make choice of the best and wisest; such as they esteemed so, or hoped would prove so. The same Democritus: The Laws would not have hindered every one to live after his own pleasure, unless one had gone about to offend another. For envy lays a ground for sedition. But, as above we said of revenge, so in this exemplary punishment, some footsteps and relics of the old right do yet remain, in those places, and among those persons, which are not under certain Jurisdictions; and moreover in some excepted cases. So, by the custems of the Hebrews, an Hebrew falling away from 
Deut. 13. 9 Add locum Joseph. 12. 8. Mosem Maim. au 13. artic. & dirctoris lib. 3. c. 41.  God and his Law, or misleading any to false worship, might presently be slain by any man. The Hebrews call it the judgement of zeal, which, they say, was exercised first by Phineas 
† Numb. 25. vid. 1. Macc. 2. 24, 26. Macc. 2. , and thence grew into a custom. Lo Mattathias killed a certain Jew, polluting himself with Greekish rites. So three hundred other Jews were slain by their Countrymen, as is related in the book commonly called the third of the Maccabees. Nor was Stephen 
Act. 6. 57 Act. 23. 13.  stoned upon other pretence, or conspiracy made against Paul: and many other examples of like sort are extant both in Philo 
† Cujus & hoc in libro de sacrificantibus: Puniendus talis ut host is publicus omnium, spreta qualio cunque cum eo necessitudine, ejusque suasiones vulgandae omnibus pietatem amantibus, ut sine mora accurrant undique ad expetendum de viro improbo supplicium, firmè crede●… sanctam esse rem ejusmodi hominis intersiciendi appetitum. Et alter locus non minus insignis circa finem de Monarchia. , and in Josephus. Moreover among many people, both to Masters over their servants, and Parents over their children, remained a full right of punishing them, even to death. So at Sparta, the Ephori might put a Citizen to death without judgement. Thus by what we have said, may be understood what the right of Nature is touching punishments, and how far it hath remained.   

LXXXVII. What the Evangelical Law hath constituted about this matter.  
NOw must we consider, whether the Evangelical Law hath more narrowly circumscribed that Liberty. Surely, as we have elsewhere spoken, it is no wonder, that some things, which by nature and the Civil Laws are Lawful, are forbidden by Divine Law, and that most perfect, and promising a reward above human nature; to the attaining whereof, not undeservedly are required virtues that exceed the mere precepts of Nature. Castigations 
* Serurum filiorumque peccata non coercere, peccatum est. Lactant. de ira Dei cap. 18. ubi plura ad hane rem. , which do leave neither infamy nor permanent loss, and are necessary in respect of age or other quality, if they come from those hands, which are permitted by human Laws to inflict them, (namely, Parents, Tutors, Masters and Teachers) have nothing repugnant to the Evangelical Precepts, as we may sufficiently conceive by the nature of the thing itself. For these are remedies for the mind, not less innocent than medicines ungrateful to the sense. Of revenge we must have another opinion. For, as it only exsatiats the mind of the offended person, it is so far from agreement with the Gospel, that, as we have showed afore, it is even naturally unlawful. But the Hebrew Law not only forbids hatred to be kept against the neighbour, that is, 
Levit. 19 17.  one of the same nation, but also commands certain common benefits to be 
Exod. 23. 4, 5.  conferred upon such enemies. Wherefore, the name of neighbour being extended by the Gospel to all men, it is manifest here is required of us, not only that we hurt not our enemies, but that we do them good: which is also plainly commanded Matth. 5. 44. Yet the Law permitted the Hebrews to revenge greater injuries, not with the hand, but by address unto the Judge. But Christ doth not permit the same to us, as appears by that opposition, Ye have heard it hath been said, An eye for an eye: and after: But I say unto you. For although the words that follow, properly speak of repelling in jury, (and restrain this licence too, at least in some measure) yet are they to be conceived much more to disallow of revenge, because they reject the old permission as agreeing to a more 
* Oculum pro oculo, quae, si dici potest, injustorum justitia est. Augustin. in expos. Psal. 108. citatus C. sed differentiae 23. quaest. 3.  imperfect time; n●…, that just revenge is unlawful, but because patience is preferred before it, as it is in the Constitutions of Clement. l. 7. c. 23. Whereof Tertullian 
† Advers. Martion. 4. Idem lib. de patient. Christus gratiam legi superducens ampliandae adimplendàeque legi adjutricem suam patientiam praesecit, quod ea sola ad justitiae doctrinam retro defuisset.  saith, Christ plainly teacheth a new kind of patience, forbidding even that recompense of injury, which was permitted by the Creator, requiring an eye for an eye, and a tooth for a tooth: 〈◊〉 the contrary He will have the other check also to be offered, and the cloak to be yielded after the coat. Plainly hath Christ added these as meet supplements to the discipline of the Creator, etc. Tertullian was of opinion, that retaliation of injuries was forbidden, not Christians only, but that even to the Hebrews it was not permitted, as a thing without fault, but for the avoiding of a greater evil. Which is true, no doubt, of such a retaliation that proceeds from hatred, as appears by our former discourse. For, that this is disallowed even by them who among the Hebrews excelled in wisdom, and regarded not the words only but the purpose of the Law, is manifest out of Philo; in whom the Alexandrian Jews, upon the calamity of Flaccus, the Jews oppressor, speak thus: We are not delighted, Sir, with the revenge upon our enemy; for we have learned out of our holy Laws 
* Vide Origenem adversus Celsum.  to take pity on men. And hither it perteins, that Christ exacteth of us indistinctly, to forgive all that have trespassed against us; that is, 
Matth. 6. 14, 15.  neither to procure nor to wish evil to them upon sense of our evil; for, to speak with Claudian,  
Who rights himself doth wrong, in that he 
Claud.— ferus est, Legumque videtur Vindictam praestare sibi.  draws  
Unto himself the office of the Laws.  
For which reason Lactantius mentioning that saying of Cicero; It is the first 
Cicero de office. Justitiae primum munus est, ne cui noceat, nisi lacessitus injuria.  part of Justice to hurt none, except provoked by injury, saith, A good sentence is spoiled by adding two words: and Ambrose saith, the same sentence of Cicero is without the authority of the Gospel. But what shall we say of revenge, not as it respecteth the time past, but as it provideth for the future? Surely this also Christ would have to be remitted: first, if lie 
Vide Mosem Maim. citatum ab erudissimo Constantino lib. de damno dato, cap. 3. s. 7.  that hath trespassed against us give probable testimonies of a penitent mind 
† Eph. 4. 12. Col. 3. 13. Lu. 17. 3. . In which places a certain more plenary remission is spoken of, such as restores the offender to the right of former friendship: whence it follows, that nothing ought to be exacted of him in the name of a punishment. Moreover, though signs of such repentance be wanting, that a damage, not too grievous, is to be slighted, Christ hath taught by the Precept of letting go the coat. Yea and Plato said, evil is not to be returned, Alb●…it so●… greater evil be imminent, and must be suffered; and Maximus Tyrius hath word●… of the like sense. Musonius said, He would not have an action against any one for contumely received (such as Christ signifies by a blow on the cheek) no●… would he persuade any other to concerd about it: for such things are much bett●… passed by, and forgiven. But if the pu●…ting it up draws much danger with it, we ought to be content with that caution which hath least incommodity. For, as Josephus and other Hebrew Doctors note, the Hebrews themselves had not common use of retaliation, but the offended party, beside his charges, of which a distinct Law is extant Exod. 21. 19 (this is simple 
* Lex Wisigotth. 6. 13.  restitution containing nothing penal) was wont to receive, for retaliation, a pecuniary 
* Vide Constantinum d. c. 8. s. 1. Lib. 20. c. 1.  mulct: which was also done at Rome, as Favorinus notes in Gellius. So Joseph the foster-father of our Lord Jesus, when he believed his wife had been unchaste, chose rather to free himself by 
* Aug. l. 2. de adulterinis conjug. Si autem (quod verius dicitur) non licet homini Christiano adulteram conjugem occidere, sed tantum dimitte●…e.  divorce, than to make her an example: and he is said to have done it, because he was a just man, that is, honest and gentle. Upon which place Ambrose saith, the person of a just man is not only abhorrent from the atrocity of revenge, but a verse also from the severity 
† Gail. de pace pub. 8. 3. Lib. 6. c. 10.  of accusation. So Lactantius had said before: Neither may a just man accuse any one of a capital crime. Justin, of the accusers 
Justinus, Nolumus, ait, eos puniri qui in nos calumniantur. Sufficit illis sua pravitas, & rerum bonarum ignorantia. Ejusdem est: Ne minimum quidem ulcisci quemquam volentes, ut novus legis canditor praecipit.  of Christians, saith; We would not have them punished, who cast calumnies upon us. Sufficient to them is their own wickedness, and their ignorance of good things. There remain those punishments which provide not for private but public good; partly by taking out of the way or restraining the nocent person, that he may not hurt; partly by deterring others with the severity of the example: That such punishments are not taken away by Christ we have proved elsewhere by a most certain argument: because, when he gave his precepts, he testified that he destroyed not any tittle of the Law. Now, the Law of Moses, which ought to stand in these things, as long as the Commonwealth, rigidly commanded magistrates, to punish 
Exod. 21. 14. Num. 33. 14, 37. Deut. 29. 13.  homicides and certain other crimes. But, if Christ's Precepts might consist with the Law of Moses, as it did inflict even capital 
† Pharisaeorum circa poenas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 praedicat Josephus. Hinc tot Legum ad publlcas paenas pertinentium exceptiones, & illud, ut ubi omnino mors inferenda est, infetatur quam levissimè; quod est in Talmude titulo Ketuboth.  punishments, they may also consist with human Laws 
* Augustinus quast. Evangel. lib. 1. qu. 10. , which, in this part, do imitate the Divine?   

LXXXVIII. An Objection taken from God's mercy in the Gospel, answered.  
SOme, to defend the contrary opinion allege the very great lenity of God●… the new Covenant, which is therefore: be imitated by men, even Magistrates 〈◊〉 as the Vicars of God. This we yield 〈◊〉 some sort true, but not so far as they would extend it. For, the great mercy of God manifested in the new Covenant especially regardeth sins against the Primitive 
Act. 17. 36. Rom. 2. 25. Act. 13. 38.  Law, or also committed against the Law of Moses, before the knowledge 〈◊〉 the Gospel was received. For, the 〈◊〉 committed after, especially if accompanied with contumacy, have a comminat●… of judgement far more severe 
† Heb. 2. 23. 4. 10. 29. Matth. 5. 21, 22, 28. , than th●… which was ordained by Moses. Nor only 
Chrysostomus idem dicit tum in ora●…ione ad Patrem fidelem, tum secunda de jejunio.  in the life to come, but in this life too doth God often show his wrath agai●… such offences, 1 Cor. 11. 30. And p●… done of these crimes is not usually obtain●… unless man himself do as it were ex●… punishment of himself 
† Peccator ante veniam d●…stere se debet. Tertull. de p●…nit. Ambr in Psal. 37. Chrysost. in 1. Cor. hom. 28. Add 2. Cor. 7. 9, & 10. , 1 Cor. 11. 3. 〈◊〉 a certain grievous sorrow and afflicting 〈◊〉 his soul, 2 Cor. 2. 27. The same objectors urge, that at least to the penitents to be granted impunity. But, to omit that men can hardly be certain when 〈◊〉 pentance is sincere; and, that every 〈◊〉 would scape unpunished, if it were sufficient in any manner to make profession of repentance; God himself doth not always remit all punishment to the penitent, as appears even by David's example. Wherefore, as God might remit the penalty of the Law, that is, violent or otherwise immature death, and yet inflict no small evils upon the offender: so now also 
Hieronym. in c. 1. in Naum. Ag●…th. l. 5. ex Platone. Synes. ep. 44.  may he remit the punishment of eternal death, and in the mean time, either himself punish the sinner with immature death, or be willing he should be so punished by the magistrate.   

LXXXIX. Another objection answered, about precision of repentance.  
AGain, others find fault, that together with life, space of repentance is also cut oft. But these men are not ignorant, that pious Magistrates have great care hereof, and appoint not any one to to be executed, without some time allowed, wherein he may acknowledge his sins, and seriously detest them. Which kind of repentance 
* Hieronym. ad Damas. cit. in c. importuna De paenit. Dist. 1. , though works, intercluded by death, follow not, may be accepted by God, as is proved by the example of the Thief crucified with Christ. If it be said, a longer life might be profitable to a more serious repentance and amendment; it may be answered, Men are found sometimes such, to whom that of Seneca 
† Cujus & hoc est de Benef. 7. 10. Ingeniu talibus vitae exitus remedium est; optimumque est abire ei, qui ad se nunquam rediturus est.  may be spoken justly: We will do you all the good that can now be done you, 〈◊〉 put you to death 
* Lib. 1. de ira c. 16. c. 15. . And that also of th●… same Author; There is but one way f●… them to cease to be evil, that is, to ce●… to be. Likewise said Eusebius the Philosopher. This then, beside what hath been said in the beginning of our work, be answered to them, who would have either all, or capital punishments, without any exception, forbidden Christians: contrary to the Apostles doctrine, who having included in the regal office the use of the sword, as the exercise of Divine revenge, in another place exhorteth to pray, that Kings may be made Christians, and, as Kings, be a protection to the innocent. This cannot be obtained (such is the improbity of a great part of men, even after the propagation of the Gospel;) unless the boldness of some be repressed by the death of others: and thus too, among so many punishments and executions of the guilty, innocency is hardly enough secured. Nevertheless, it is not amiss, to propose to the imitation of Christian Rulers, at least in some part, the example of Sabacon 
† Yea, and of the Romans, great part, of whom no man, after the Porcian Law, could be put to death or beaten, except a Traitor, or one condemned by the people.  King of Egypt, for his piety very famous, by whom Capital punishments, with most happy success, were commuted for tasks, and malefactors condemned to work, as Diodorus relates: and Strabo saith, there are some Nations near Caucasus, among whom the greatest offenders received not the sentence of death. 
Lib. 1 Lib. 11. Lib. 12. 1.  Nor is that of Quintilian to be despised, No man will doubt, but if wicked men may by any means be recalled unto a right mind, as sometimes it is known they may, it is better for the Commonwealth to save, than to destroy them. Balsamon notes, that the Roman Laws, which imposed penalty of death, were most of them changed, by the later Emperors being Christian 
† Vide apud Nicaetum lib. 1. juramentum Isaaci Angeli Idem Joannis Comneni Imperium sine morte cujusquam fuisse ait. Vide de Zenone Malchum; & Augugustini epist. 158. & 159. add Marcellinum Comitem. Et Chrysost. 5. adv. Judaeos', ubi de Caini paena. , into other punishments 
* Ad opera maxim. Augustin. epist. 160. Alicui utili operi integra eorum membra inserviant. Vide & Nectarii epist. ad Augustin. quae est 201. ; to the end, a deeper impression of repentance might be made upon condemned persons, and the continuance of the punishment might serve the more for example.   

XC. Three Inferences from the former Doctrine.  
OUt of these things last spoken, it may be collected how unsafe it is for a private Christian, whether for his own, or for the public good, to take punishment of any wicked man, especially capital, though we have said it is sometimes permitted by the Law of Nations. Whence the manner of those people is to be commended, amongst whom such as go to Sea have commission from the public Power, to pursue Pirates, if they find any; that they may use the occasio●… given, not as by their own adventure, be publicly commanded. Not unlike 〈◊〉 this, is another custom received in many places, that unto criminal accusations 
† Chrysost. de Paenitentia 8. Optimum itaque, ut dixi, etiam privatas lites antervertere benignis transactionibus, ut amicum dirigas ad id quod lites sibi propos●…tum habent: publicorum autem judiciorum accusationes, non dicam transigendo abrumpere, sed nunquam tas incipere.  are admitted, not all that please, but certain men, upon whom, by public authority, that office is imposed: that no man may do any thing at all tending to the shedding of another's blood, but by the necessity of his office. Hither pertei●… the canon of the Eliberan Synod: If any believer turn informer, and by his accusation any be proscribed or put to de●…h, Our decree is, that he shall not, no 〈◊〉 〈◊〉 the end, receive Communion. Lastly, this also is understood by what hath been said, that a man truly Christian is not well advised, nor doth it become him, to affect and thrust himself into public Offices 
† An sapienti capessenda sit respublica, vide Senecam de otio Sapientis.  that have judgement of blood, and think and profess it fit, that power of life and death over his fellows should be committed to him, as most excellent 〈◊〉 all, and as it were a God among men. For certainly, what Christ admonisheth, that it is dangerous to judge of others, because such judgement as we give, must we 
Matth. 7. 1. 〈◊〉  in like cases expect from God, is not impertinent in this place.   

XCI. Whether human Laws that permit the kill of some men, give the killers a true right before God, or only impunity among men.  
THis is a noble question, and Covarruvias 
Covar. 4. decr. 12. c. 7. n. 8. F●…rt. tract. de ust. fine legum, illat 11. Vasq. lib. 4. contr. illust. cap. 8.  and Fortunius answer, that such Laws give only impunity: whose opinion is so displeasing to Ferdinandus Vasquius, that he calls it an ungodly opinion. No doubt, as we have said elsewhere, the Law may do both, in certain cases; but, whether it will or no, is to be understood partly by the words, partly by the matter of the Law. For, if the Law give indulgence to passion, it takes away human punishment, not the fault, as in case a husband kill his Adulterous Wife, or the Adulterer 
* Vide August. de Civitate Dei citatum C. quicunque, causa 23. quaest. 8. . But if the Law respect the danger of future evil by delay of punishment, it is to be conceived to grant right and public power to a private man, so that now he is not private. Of this kind is that Law in Justinians Code, under the rubric, quando liceat unicuique etc. Where every man hath licence given him to oppose force against plundering and pillaging Soldiers, this reason being added: For it is better to meet with them it time, than to seek redress after the injury done. We therefore permit you to defend & avenge yourselves, and what is too late punished by judgement we suppress by edict, that none spare a Soldier, but use his weapon against him 〈◊〉 thief. And the subsequent Law, abo●… desertors, saith, Let all men know, th●… have power given them against public●… robbers, and desertors, that run from th●… colours, and all are ministers of public●… revenge for the quiet of all. To this purpose is that of Tertullian: Against Tr●…tors and public enemies every man is a Soldier 
† Agathias I. 4. Non solis ducibus alusque potentibus innasci solet atque immorari bene agendi propositum, sed cuique volen'i & licet & honcstum est ejus in qua vivit Reipublicae malis Commoveri, & public●… utilitates pro suis viribus promovere. vide suprà LXXXVII.  And herein differs the right 〈◊〉 killing exiles, whom they call Banni●…, from this kind of Laws, because there precedes a special sentence, here a general Edict, the fact being evident, 
* Quaedam sunt reipab. laesae ad quorum pronuntiatronem oculi ●…cium. Quintil. declamat. 260. , obtei●… the force of a sentence pronounced.   

XCII. What acts are not punishable by men.  
NOw let us see, whether all vicious acts are such, that they may be punished by men. Certainly, all are no●… such. For first, acts merely internal, though by some chance, to wit, by confession afterward, they may come 〈◊〉 knowledge of others, cannot by men be punished; because, as elsewhere we have said, it is not agreeable to human nature, that from acts merely internal, any right among men or obligation should arise. And in this sense is to be taken, that in the Roman Laws: No man is punishable for his thought. Nevertheless 
Cogitationis paenam neminem mereri. , internal acts, as they have influence into external 
* Ita Sayrus I. 3. Thelaur. c. 16. , come under estimation, not of themselves properly, but of the acts external, which do thence receive the quality of their merit. Secondly, men cannot punish acts inevitable to human nature. For, although it cannot be sin, which is not done freely; yet, from all sin, altogether, and always, to abstain, is above human condition. Whence, among the Philosophers, Sopater, Hierocles, Seneca; among the Jews, Philo 
† De Mose lib. 3. addi potest Aben. Esdras ad Jobum 5. 7. & Rabbinus Israel c. 8. ; among the Historians, Thucydides; many among the Christians have delivered, That it is natural to man, to sin. If he must be punished, saith Seneca 
* De ira l. 2. c. 31. Bjusdem est eodem de ira l. c. 14. Nemo invenitur, qui se possit absolvere. cap. 9 dixerat; Inter caetera mortalitatis incommoda, & haec est caligo mentium, nec tantum necessitors crrandi, sed errorum amor. Lib. 3. & 20. Omnes mali sumus. De clem. 1. 8. Peccavimus omnes: aliigravia, alii leviora, etc. Procopius Gotth. 3. in orat. Belisarii; Nihil plane del nquere neque hominis est, neque id rerum fert natura. Add Basilium Imp. c. 50. , whosoever is of an evil and maleficent nature, every one must be punished. And Sopater; If one punish men, as those that may be void of all sin, be exceeds the measure of that correction which is according to nature: which Diodorus Siculus 
† L. 11. Idem in fragmentis, Nonoportet per calumnias traducere infirmitatem humane naturae.  saith, is to be injurious to the common imbecility of mankind: elsewhere, to be unmindful of human infirmity. The forementiond Sopater saith, Small faulti, and of daily incursion, are to be dissembled. Yea, it may be doubted, whether these may rightly and properly be called sins, when the liberty which in sp●…cie they seem to have, considered in their generality they have not. Plutarch in his Selon; A Law must be fram●…d according to that which is possible if one will punish a few profitably, not many to no purpose. Some things also are inevitable, not to human nature simply, but to this person at this time, by reason of the body's temper 
† Seneca de ira l. 2. c. 18. Morum varietates, mixtura elementorum fa●…it, & proinde in aliguos magis incumbunt in genia, prout alicujus elemen●…i major vis abundavit. Ahbi haec ea vocat, quae attri●…uit co●…ditio ●…ascendi & corporis temperatura. epist. 1●….  passing into the mind, or of an old custom, which yet is wont to be punished, not so much for itself, as for a precedent fault 
* Vide c. inebriaverunt, causa 15. qu. 1.  because either remedies were neglected, or diseases in the mind voluntarily contracted. Thirdly, sins are no●… to be punish●…, which do neither directly nor indirectly respect human society, or another man. The reason is, because there is no reason why these sins should not be left to be punished by God, who is most wise to know them, and most righteous to weigh them, and most powerful to avenge them. Wherefore such punishment would be executed by men without any utility, and so not rightly. Here are to be excepted punishments emendatory, which have this for their cause, that the offender may be bettered, though haply it concern not other men. Moreover, punishable are not, acts opposed to virtues, whose nature refuseth all coaction; in which kind are mercy, liberality, gratitude. Seneca 
Lib. 3. de benef. c. 6. & 7.  handles this question, Whether the vice of an ungrateful man ought to be unpunished: and brings many things to the purpose, but this especially, which may be extended to other like qualities; When as it is a most commendable thing, to make requital of a benefit, it ceaseth to be commendable, if it be necessary; that is, it loseth that excellent degree of praise, as the following words do show; for one will not more praise a grateful man, than him that restores a thing committed to his trust, or pays what he owed without a suit. A little after; 'tis no glory to be grateful, were it not safe 
† Idem Sen. d●… ben. l. 1. c. 1. Ita demum turpe est non reddere (beneficia nempe) si & licet. Pater Sen. contr. 5. 34. Dicis mihi: Hoc sacere non oportet. Huic rei aestimatio immensa est; itaque nulla vindicta est. August. l. 2. c. 83. cont. Petll. Sic igitur quod adversus vos Leges consti●… sunt, non eis benefacere cogimini, sed male facere probibemini.  to have been ungrateful. That of Seneca the father, in his controversies, may be applied to vices of this kind; I desire not the accused person should be praised, but absolved 
† Est hoc 4. Contr. simile eodem libro contr. 24. Non speramus ut probet, sed ut dimittat. Et in Excerptis, 6. 8. Multum interest objurges an punias. Sunt enim quaedam, ut Cimone ait Plutarch; deliquia magi●… virtutis alicujus, quam ex vitio crimina. .   

XCIII. That it is lawful to pardon, both before and after the Penal Law.  
IT follows that we consider, whether sometimes it be lawful to grant a pardon. For the Stoics 
† Ut videre est in fragmento a pud Stobaeum titulo de Magistratu, in oratione Tullii pro Mutaena, & in fine librorum Sen. de Clementia. Contra eos bene Diodorus Sic. in fragmentis, Venia m●…lior paenae exactione. Pro Christianis sententiam dicet Cypr. ep. 52. Alia est Philosophorum & Stoicorum ratio, qui dicunt omnia peccata paria esse, & virum gravem non facile flect●… oportere. Inter Christianos autem & Philosophos Plurimum distat.  deny, but upon a light ground: Pardon, say they, is a remission of due punishment: but a wiseman gives every one his due. Here the fallacy lies in the word due. For, if you understand punishment to be due to him who hath done a fault, so that he may be punished without injury, it will not hence follow, if one punish him not, he doth wrong. But, if you conceive punishment so to be due from a wise man, that it is his duty to exact it, we say, that is not always so, and therefore in this sense, punishment may be, not due, but only lawful. And that may be true, both before the constitution of a penal Law, and after. Before a penal Law ordained, there is yet no doubt but punishment may have place: because naturally he that is a delinquent is in that state, that he may lawfully be punished: but it doth not therefore follow, that the punishment ought 
† Julian. de Eusebia: Non enim si qui sunt meriti male tractari, punirique, 〈◊〉 perire utique necesse est.  to be exacted; because this depends upon the connexion of the ends, for which punishment was ordained, with the punishment itself. Wherefore if those ends by themselves, in a moral estimation, be not necessary; or, if other ends, on the opposite part, occur, not less profitable or necessary; or, if the ends proposed to the punishment may be attained another way; now it appears, there is nothing which precisely obligeth to the exacting of the punishment. An example of the first may be in a sin known to very few: the public traduction whereof may therefore not be necessary, yea it may be hurtful; to which that of Cicero is pertinent, concerning one Xerxes: It was not fit 
Ad Quintum frat. 1. 21.  perhaps to dismiss him being brought to judgement; but that he should be enquired after and brought to judgement, was not necessary. An example of the second, in him, who opposeth to the fault either his own or his parents good deeds worthy of recompense; for, saith Seneca, a benefit superventent suffers not the injury to appear. Of the third, in him, who is amended with words, or with words hath satisfied the wronged party, so that there is now no need of punishment to those ends. And this is one part of clemency freeing from punishment; which the Hebrew wise man respecting saith; It becometh 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 12. 19  a just man to be merciful. For, because all punishment, expecially the more grievous, hath somewhat, which by itself considered, is repugnant, not indeed to Justice, but to Charity, Reason easily permits to abstain from it, unless greater and juster Charity do as it were irrefragably hinder. Sopater hath a place apposite to this matter, where he saith, Th●… part of justice, which reduceth contract to equality, wholly refuseth all kind of favour; but that part which is conversant about offences doth not disdain the kind and amiable countenance of the Graces 
† Cujus sensus partem priorem sic expressit Cicero, ad Q. fr. 1. 2. Via juris ejusmodi est quibusdam in rebus ut nihil sit loci gratiae: Posteriorem sie Dion Prusaeensis o●…atione ad Alexandrinos'; Boni praesidis est, ignoscere. Favorino ea quae dicitur Clementia apud homines est tempestiva relaxatio de summo sure. . Now these three things may occur, either that punishment is by all means to be exacted, as in wickednesses of the worst example 
† Joseph: Parricidium & naturam & vitam ●…manam violate, it a ut qui id non puni●…t & ipse in naturam peccat. Clementiam liberum habere arbitrium. Sen. ; or, that it is by no mea●…s to be exacted, as: when the public good requires it to be omitted; or, that it is lawful either to omit to exact it; whither pertains that of Seneca, Clemency hath free choice, A wise man then, say the Stoics, parcit non ignoscit; spareth, doth not pardon. As if forsooth it were not lawful for us, with the common people the masters of speech, to call that to pardon, which they call to spare. Truly, both here and elsewhere, as Cicero, Galen, and others have noted, a great part of Stoical disputations is spent about words; which a Philosopher should principally take heed of 
* Verissime dixit scriptor ad Herennium; Vitiosum est controversiam intendere propter ●…minum mutationem. L. 2. quod Aristoteles dixerat: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Top. 24. . After, a penal Law, the difficulty seems greater; because the author of a Law is in some sort bound by his own Laws; but this is true, so far as the Author of a Law is considered as a part of the Commonwealth, not as he susteins the person and authority thereof. For in this later respect, he may take away eve●… a whole Law; because the nature of a human Law is, to depend upon the will of man, not in its original only, but also in duration. Howbeit, the Author of the Law ought not to take away a Law, except upon some approvable cause: otherwise, he will transgress the rules of just Government. Now, as he may totally take away a Law, so may he untie the bond thereof, as to a person or singular fact, the Law remaining firm in other respects; and this after the example of God himself, who as Lactantius saith, when he gave the Law, deprived not himself of all power, but hath reserved a liberty to pardon. And Austin saith, The Emperor may revoke his sentence 
† Symmachus lib. 3. epist. 63. Alia enim est conditio magistratuum, quorum corruplae videntur esse sententia, si sint legibus mitiores; alia divorum Principum potestas, quos decet acrimoniam severi juris infl●…ctere. Idem discrimen inter Regem & Judicem est apud Themistium o●…at. 5. , and absolve a man guilty of death, and pardon him: he expresseth a reason for it: because He is not subject to the Laws, who hath it in his power to make Laws. Seneca would have Nero think this: No man at all can put any one to death against Law; and no man, beside myself, can save any. But this also is not to be done, unless there be good reason for it. And what are good reasons, though it cannot be precisely defined, yet this is certain, they ought to be greater after the Law, than those that were considered before the Law: because the authority of the Law, which to be kept is profitable, is now added to the causes of punishing.   

XCIV. Causes of freeing one from punishment of Law.  
THe Causes of freeing one from punishment of Law are wont to be either intrinsecal, or extrinsical. intrinsical, when the punishment, if not unjust, yet is hard, being compared with the fact. extrinsical, from some merit or other thing commending the person; or also, from good hope of him for the future; which kind of cause will be then most sufficient, if the reason of a Law, at least particularly, cease in the present fact. For although, to sustain the efficacy of the Law, the universal reason be enough, where no contrary reason is; yet, even the particular reason ceasing, the Law may more easily and with less diminution of authority be disperised with 
† Multa ad hanc rem utilla congessit Gratian. causa. 1. qu. 7. . This is most usual in those offences, which are committed through ignorance, though not without all fault, or vincible; but by reason of the minds infirmity, not easily vincible. Upon which offences a Christian Ruler of men ought to look with a gentle eye, in imitation of God, who in the old Covenant indeed required many such to be expiated with certain Sacrifices 
Levit. 4. & 5. : but in the new, by words and by examples hath testified, that he is ready 
Luc. 23. 34. Heb. 4. 15. 5. 2.  to grant pardon of such to those that repent. And truly, that Theodosius 
* Historiam vide apud Zonaram.  was 
1 Tim. 1. 13.  induced by those words of Christ, Father forgive them, they know not what they do, to forgive the Antiochians, is noted by Joannes Chrysostomus. And hence appears how ill Ferdinandus Vasquius 
Lib. 1. c. 46.  said, a just cause of dispensing, that is, of losing one from the Law, is only that of which the Author of the Law being consulted would have said, it was beside his meaning, that it should be observed. For he distinguisheth not between the equitable 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  interpretation of the Law, and the relaxation of it. Whence in another place he reprehendeth Thomas and 
Lib. 1. c. 26. & cap. 46.  Sotus for saying, The Law bindeth, although the cause particularly ceaseth: as if they had thought the Law to be the letter alone; which never came into their mind. All Relaxation of the Law, which may oft be given and omitted freely, is so far from equity properly so called; that neither that relaxation which is due either out of charity or justice, can be referred thither. For to take away the Law either on probable or urgent cause, is one thing; another, to declare the fact not to have been comprehended in the mind of the Law from the beginning.   

XCV. Of War for punishment; and whether war be just for offences begun.  
IT is manifest, that wars are not to be undertaken for every offence: for, neither do the Laws bestow that their revenge, which is safe and hurts only the nocent, upon all faults. Rightly saith the forecited Sopater, That less and common transgressions are to be winked at, not revenged. Now, that which Cato said 
Gell. l. 7. c. 3.  in his Oration for the Rhodians, that it is not equal any one should be punished for an intent of doing evil, was indeed well set in that case; because no decree of the Rhodians could be alleged, but only conjectures of their fluctuating mind: yet is not this to be received universally. For, an intent or will, that hath proceeded to external acts (for the internal are not punished by men, as we have said afore) is wont to be liable to punishment 
† Seneca pater in Controversiis: Scelera quoque, quamvis citra exitum subsederunt, puniuntur. Injuriam qui facturus est, jan facit, ait alter Seneca. Non exitus rerum sed consilia Legibus v●…dicari, Cice●…o dixit pro Milone Periandri dictum erat; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Val. Max. de Cn. Sergio Silo damnato: Non sactum tunc, sed animus in quaestionem deductus est: plusque voluisse peccare nocuit, quam non peccasse prosuit. Sen. de benef. l. 5. c. 14. Latroest etiam antequam manus inquinet: quia ad occidendum jam armatus est, & habet spoliandi atque intersiciendi voluntatem. Liv. lib. 42. . So the Romans decree a war against Perseus, unless he give satisfaction for holding consultation; and preparing war against the Roman people: for indeed he had provided arms, soldiers, ships. And this is well noted in the orations of the Rhodians, which Livy hath recorded; It agrees neither with the customs nor Laws of any Commonwealth, that if one desire the destruction of his enemy, and have done nothing to effect it, he should lose his life. Neither doth all ill will, though declared by some deed, make room for punishment. For, if sins finished are not all avenged, much less are they that are purposed and begun. In many, that saying of Cicero may take place: Perhaps it may suffice, that the offender repent of his injury. The Law given to the Hebrews, against very many sins inchoated against piety, or even against a man's life except judgement, constituteth nothing special: because, both in things divine, as being hard to be discerned by us, it is easy to err; and the violence of anger is capable of pardon. But, when so many wives were easy to be had, to injure another's bed; or, when possessions were so equally divided, by fraud to enrich himself with another's loss, was not to be endured. For that, Thou shalt not covet, which is in the Decalogue, though, if you consider the scope of the Law (that is the spirituality) it be of larger extent (for the Law would have all to be most pure 
† Chrysostomus ad Rom. 3. 13. & add c. 7. multa habet in hanc rem.  in mind also:) yet, as to the external precept, (or carnal command●…nt) it pertaineth to the motions of the mind that are discovered by some fact: which plainly appears by S. Mark the Evangelist, who hath expressed that command thus, Defraud not: when he had set 
Mar. 10. 19:  down a little before, Do not steal. And in that sense the Hebrew word and the Greek answering it are found, Mich. 2. 2. and elsewhere. Wherefore offences inchoate are not to be avenged with arms; unless both the matter be of great concernment, and it be gone so far, that either some certain mischief (though not yet that which was intended) hath already followed from such an act, or at least some great danger: so that the revenge either may be joined with caution of future harm (of which above, when we spoke of defence) or maintain injured honour, or withstand a pernicious example.   

XCVI. War for violation of Natures Law.  
MOreover, we must know, that Kings, and such as have equal power with Kings, have a right to require punishment not only for injuries committed against themselves or their subjects, but for them also that do not peculiarly touch themselves, whatsoever the persons are that do immanely violate the Law of Nature or Nations. For the liberty, by punishments, to provide for human society, which at first, as we have said, was in the hand of every man; after Commonwealths and Courts of justice were ordained, resided in the hand of the highest Powers: not properly as they are over others, but as they are under none. For, subjection to others hath taken away that right. Yea, so much more honest is it to vindicate other men's injuries than ones own, by how much more it is to be feared, that a man in his own, by too deep a resentment, may either exceed a measure, or atleast infect his mind. And upon this score, Hercules was praised by the ancients, for setting Countries at liberty from Antaeus, Busyris, Diomedes, and the like tyrants: travelling o'er the world, as Seneca speaks of him, not to please his humour, but execute justice: being the Author of very much good to mankind, as Lysias declares, by punishing the unjust 
† Diodorus Sicul. de eo sic loquitur: Homines injuslos & Reges insolentes tollendo beat as reddebat ●…ivitates. Alibi dixit: Orbem obiit paenas de iniquis expetens. Dio P●…usaeensis de eodem: Homines malos puniebat, & superborum regna destruebat, aut in alios transferebat. Aristides in Panathenaico ait ●…um suscepta communi humani gener is cura meruisse in Deosref●…rri. Philo de Legatione: Hercules purgavit terras & maria, certamin●… subiens bominibus omnibus partim necessaria, partim perutilia, ut tolleret hominum animantiumque aliorum ea quae exitia●…ia aut noxia essent. . Theseus is likewise praised for cutting off those Robbers, Sciron, Sinis and Procrustes: whom Euripides in his Supplices brings in speaking thus of himself:  
My Deeds have styled me through all Greece,  
The Punisher 
* Ibidem dicenti Feciali: Ten'ergo sevit omnibus genitor parem? Respondet Theseus: Injuriosis. Nam bonos non tangimus. Valer. Max. de codem: Quicquid ubique monstri aut sceleris fuit, virtute animi ac robore dextrae comminuit. Lib. 5. cap. 3. Plutarch. in ejus vitae: Pessimis tyrannis Graeciam liberavit. Item: ●…il ipse passus injuriae, pro aliis in homines malos impetum sumebat.  of wickedness.  
So we doubt not, but wars are just upon them, that are impious toward their parents (as the Sogdians were, before Alexander 
* Plutarch. de fortuna Alex.  beat them out of this barbarity:) upon them that eat 
† Hoc quoque Scythas Alexander dedocuit.  man's flesh (from which custom Hercules 
* Vide Dionys. Hal. narrantem ut Hercules hunc morem alitque multa abstulerit, in beneficiis suis Graecos à barbaris non distinguens. Romanorum non minora in genus humanum merita praed cat Plinius, 30. 1. Non satis aestimari potest, quantum Romans debeatur, qui sustulere monstra; in quibus hominem occidere religiosissimum erat, mandi vero etiam saluberrimum. Sic Justinianus principibus Abasgorum edixit ne subditorum pueros castrarent. Procopius meminit Gotthicorum 4. & Zonaras, Leone Isauro. Et Inchae in Peruana Reges v●…cinos populos, qui moniti non parerent, vi coegere absistere ab incestis, à marium cum maribus concubitu, à comistione hominum, aliisque id genus facinoribus: atque eo modo imperium sibi pararunt omnium quae usquam legimus, excepta religione, justissimum,  compelled the old Galls to desist, as Diodorus relates:) upon them, that exercise piracy 
† Seneca 7. de Benef. Si non p●…ion meam impugnat, sed suae; gravis est, & sepositus à mea genie suam exagitat, abscidit nihilominus illum tanta pravitas animi. Augustinus l. 5. de Civitate Dei; Opinantur scelera facienda dece●…i, qualia si aliqua terrae Civitas decerneret, decrevisselve, genere 〈◊〉 〈◊〉 fuerat eve●…enda. . For, of such barbarians, and wild beasts rather than men, it may be rightly spoken, which Aristides said perversely of the Persians, who were nothing worse than the Grecians; War upon them is natural: and, which Isocrates in his Panathenaick said, The most just war is against the wild beasts, the next against men like unto those beasts. And so far we follow the opinion of Innocentius 
* Innocent. c. quod super his. de voto Arch. Flor. 3. p. tit. 22. sect. 5.  and others, who hold that war may be made against them that offend against nature 
* Vide Josephum Acostam de procuranda Indorum salute l. 2. c. 4. : contrary to the opinion of Victoria, Vasquius and others; who seem to require to the justice of war, that the undertaker be harmed in himself or his republic, or else that he have jurisdiction over the other party that is assailed. For their position is, that the power 
Sylu. in verbo Papa. sect. 7. Vict. Rel. 1. de Indis n. 40. Vasq. contr. ill. lib. 1. cap. 25.  of punishing is a proper effect of Civil Jurisdiction, when we judge it may proceed even from natural right. And truly, if their opinion, from whom we descent, be admitted, no enemy now shall have the power of punishment against another enemy; no not after war undertaken, from a cause not punitive: which right nevertheless very many grant, and the use of all Nations confirmeth; not only after the war is done, but even while it endures; not out of any Civil Jurisdiction, but out of that natural right, which was before the institution of Commonwealths, and now also prevaileth, where men live distributed into families and not into Cities.   

XCVII. Three cautions to be observed.  
BUt here are to be used some Cautions: First, that civil customs, though received among many people not without reason, be not taken for the Law of Nature: such as those were, whereby the Grecians were distinguished from the Persians: whereunto you may rightly refer that of Plutarch 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plutarch. ; To reduce the barbarous nations to more civility of manners, is a pretence to colour an unlawful desire of that which is another's. Second, that we do not rashly account among things forbidden by nature, those things which are not manifestly so, and which are forbidden rather by Divine Law: in which rank haply you may put copulations without marriage 
† Asterius Amaseae Episcopus: Qui hujus tantum seculi leges condentibus obtemperant, impunitam relinquunt meretricii. licentium. Add locum Hieronymi ad Oceanum. L. si Adulterium. sect. fratres. D. ad L. Jul. de adult. , and some reputed incests, and usury. Third, that we diligently distinguish between general principles, viz. We must live honestly, i. e. according to reason, and some next to these, but so manifest, that they admit no doubt; viz. We must not take from another that which is his; and between illations, whereof some are easily known, as, Matrimony being supposed, we must not commit Adultery; others more hardly, as, that revenge which delighteth in the pain of another is vicious. It is here almost as in the Mathematics, where some are first notions, or next unto the first; some demonstrations, which are presently both understood, and assented to; some, true indeed, but not manifest to all. Wherefore, as about Civil Laws we excuse them that have not had notice or understanding of the Laws; so about the Laws of nature also it is fit they should be excused, whom either the imbecility of their reason, or evil education keeps in ignorance 
† 〈◊〉; gens hoc legem naturae putat, quod didicit. Hieron. 2. adv. Jovin. Matth. 10 15. Luc. 12. 47, 48. Nicom. 7. . For, ignorance of the Law, as, when it is inevitable, it takes away the sin; so, even when it is joined with some negligence, doth lessen the offence. And therefore Aristotle compares barbarians, that are ill bred, and offend in such matters, to them, who have their palates corrupted by some disease. Plutarch saith, There are diseases of the mind, which cast men down from their natural state. Lastly, that is to be added, which I set down once for all, Wars undertaken for the exacting of punishment, are suspected of injustice, unless the acts be most heinous and most manifest, or else some other cause withal concur. That saying of Mithridates, concerning the 
Justin. 38. Non de●…cta regum illos, sed vires ac majestatem insequi.  Romans, was not perhaps beside the truth; They do not punish the offences of Kings, but seek to abate their power and majesty.   

XCVIII. Whether war may be undertaken for offences against God.  
NExt we come to those offences which are committed against God: for it is enquired, whether, for the vindicating of them, war may be undertaken: which is largely handled by Covarruvias. 
C. peccatum. p. 2. sect. 10.  But he, following others, thinks there is no punitive power without jurisdiction properly so called: which opinion we have before rejected. Whence it follows, as in Church-affairs Bishops are said in some sort, 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Est id in constit. praeferentibus nomen Clementis. Cyprianus epist. 30. Omnes enim nos decet pro corpore totius Ecclesi●…, cujus per varias quasque provincias, membra digesta sunt, excubare. Et de Unitate Ecclesiae: Episcopatus unus est, cujus à singulis in solidum pars tenetur. Exempla hujus curae universalis passim apud Cyprianum. Illustre imprimis epist. 67. Add Chrysostom. in laudibus S. Eustachii.  to have received the charge of the universal Church; so also Kings, beside the peculiar care of their own states, have lying upon them the care of human society. The chief reason for the negative opinion, that such wars are not just, is this: Because God is sufficient to revenge offences done against himself; whence it is said, The Gods take care of their own injuries; and, 'tis enough that perjun hath God for an Avenger. But, we must know, that the same may be said of other offences too. For, God, no doubt, is sufficient for the punishing of them also; and yet are they rightly punished by men, no man, contradicting. Some will reply and say, other offences are punished by men, as other men are thereby harmed or endangered. But on the other side we must note, not only those offences are punished by men, which directly hurt other men, but those also that do so by consequence, as killing one self, bestiality, and some others. Now, though Religion by itself prevails singularly to procure God's favour, yet hath it also, in human society, very great effects. And it is not without good reason, that Plato calls religion the fortress of power, and the bond of Laws and virtuous discipline 
† Plutarch similiter, coagulum omnis socieratis, & fundamentum legislationis. Philoni quoque est, Efficacissimum amatorium & vinculum indissolubile benevolae amicitiae, unius Dei cultus. Idem de fortitudine: Summa ac maxima concordiae causa, de uno Deo sensus: ex quo velut sonte procedit insolubilis & animos inter se vinciens amicilia. Josephus autem contra Appionem libro: Eandem de Deo habere sententiam, nihilque vita & institutis inter se discrepare pulcherrimam in animis hominum concordiam excitat. . Irreligion, on the contrary is the cause of all iniquity 
* Silius Italicus: Heu primae scelerum causae mortalibus aegris, Naturam nescire Dei.— So Josephus against Appian rendering the reasons why many Commonwealths were ill established, saith, It was because their Founders did not at first see the true nature of God, and through ignorance of him, and of true Religion, were not able to settle good Orders in the State.  Jamblichus hath a saying of Pythagoras: To know God is virtue, and wisdom; and perfect happiness. Hence Chrysippus said, The Law is the Queen of Divine and human things; and Aristotle accounts, among public cares, that about things divine 
† To the knowledge whereof Justin Martyr inviting the Emperors, saith, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, This will be a work truly royal. Add quae ba●… Covar●…. in c. possessor. sect. 10.  to be the chiefest 
* Arist. pol. 7. : and the Romans defined skill in Law to be the knowledge of things divine and human; And Philo 
* Philo de create. Magistr.  describes the art of government, the ordering of things private, public and sacred. All which things are not to be considered only in some one State, (as when Cyrus in Xenophon saith, his subjects would be so much more obedient 
Cyri instit. Lib. 8.  to him, by how much more they feared God:) but also in the common society of mankind. Take away Piety, saith 
* Cic. lib. 1. de natura Deorum. Idem de finib. 4. Justitiam adfert, cum cognitum habeas quod sit summi rectoris & Domini numen, quod consilium, quae voluntas.  Cicero, and you take away faith also, and fellowship of mankind, and that most excellent of all virtues, Justice. And hereof we have an evident argument in Epicurus; who, when he had taken away Divine providence, left nothing of justice neither, but an empty name 
† Seneca epist. 97. Illic dissen tiamus cum Epicuro, ubi d cit nihil justum esse natura, & crimina vitanda esse, quia vitari metus non posfit. , saying, It had its birth from agreement alone, and endured no longer than common utility lasted, and that we must abstain from things hurtful to another, only for fear of punishment. His own words to this purpose very notable are extant in Diogenes Laertius. Aristotle 
* Arist. 5. de repub. cap. 11. L. 9 de placitis Hipp. & Plat.  also saw this connexion, who speaks thus of a King; The people will the less fear any unjust usage from their Prince, whom they believe to be religious. And Galen, where he had said, many questions are made about the word and the Divine Nature, without any benefit to men's manners; acknowledgeth the question concerning Providence to be of very great use both for private and public virtues. Homer also 
Odyss. 6. & 9  saw this, who opposeth to men fierce and unjust, those that are of a religious mind. So Justin out of Trogus praiseth the ancient Jews for their Justice mixed with Religion 
* Philo v'ta Abrahami: Ejusdem est naturae Religiosum esse & hominum amantem: apud eundem spectantur pietas in Deum, & in homines justitia. ; and Strabo commendeth them for being really just and pious 
† Lactantius: Si ergo pietas est cognoscere Deum, cujus cognitionis haec suma est ut cum col●…s, ignorat utique justitiam, qui religionem Dei non tenet. Quomodo enim potest eam nosse, qui unde oritur ignorat? Inst. lib. 5. Idem, De ira Dei. Religioni est pro●…ria Justitia. Lib. 4. C. de Haereticu. . Furthermore, Religion hath greater use in that greater society, than in the Civil: because in the Civil State part of it is supplied by Laws, and an easy execution of the Laws; when, on the contrary, in that great Community, the execution of Law is most difficult, not to be done without arms, and the Laws are very few: and these too have their sanctimony chiefly from the fear of a divine power; whence offenders against the Law of Nations are usually said to violate the Divine. Rightly therefore have the Emperors said, that the pollution of Religion pertained to all men's injury, as that wherein all mankind is concerned.   

XCIX. Four most common principles of Religion.  
THat we may take a more perfect view of the whole matter, we must note, True Religion, which is common to all Ages, depends especially upon four principles. 1. There is a God, and He is One. 2. God is not any of the things visible, but of a nature more sublime. 3. All human affairs are under God's providence, and governed by his most righteous Judgement. 4. The same God is Maker of all things without Himself. These four are expressed in so many Precepts of the Decalogue. For in the first is plainly delivered the Unity of God: in the second, His invisible Nature: therefore to make an Image of him is forbidden, Deut. 4. 12. As Antisthenes' 
† Laudatus Clementi Alexandrino. Ex illo videtur hoc promsisse Seneca l. 7. c. 30. nat. qu. Ipse qui ea tractat, qui condidit, quitos tum hoc fundavit, deditque circase, majorque est pars operis sui ac melior, effugit oculos, cogitation visendus est.  also said: He is not seen with eyes, he is not like to any thing, neither can be known by an Image●… and Philo 
* Dicit haec apud Philonem Rex Agrippa. , It is profane to exhibit an Image, by picture or sculpture, of Him that is invisible; 
† Diodorus Siculus de Mose: Simulacrun non constituit, eo quod Deum non crederet humana forma esse. Tacitus: Judaeiment sola unumque numen intelligunt: profanos qui Deûm Imigines mortalibus mate●…s in speciem hominum es●…gunt.  and Plutarch renders this cause, why Numa 
* De hoc Numae instituto vide & Dionys. Halicarn.  took away Images from the Temples, Because God cannot be conceived but by the mind alone. In the third precept is understood the knowledge and care of human actions, and thoughts too: for this is the foundation of an oath. For, God is called a witness, even of the heart, and, if one deceive; arevenger too: whereby both the Justice of God is signified, and his power. In the fourth is acknowledged the beginning of the world by God's Creation: for the remembrance whereof, the Sabbath 
† Scriptor respons. ad Orthodoxos, ad quaest. 69. Ut ergo memoria mundi conditi inter homines servaretur, ideo voluit Deus septenarium numerum in sacris literis eminere caeteris honoratiorem. Vide & quae praecedunt.  was instituted of old, and that with a singular kind of sanctimony above other rites. For, if one had sinned against other rites, the punishment of the Law was arbitrary, as about forbidden meats; if against this, 'twas capital: because the violation of the Sabbath, by the institution, contained a denial of the world's Creation by God. And the world's being created by God tacitly declares his goodness, and wisdom, and eternity, and power. Now, from these contemplative notions follow the active, viz. That God is to be honoured, loved, worshipped and obeyed. Wherefore Aristotle said, he that denyeth, God is to be honoured, or 
Topic. 1. 9  Parents to be loved, is not to be refuted with arguments, but with stripes. And elsewhere. That it is the duty of an honest 
Topic. 2. 4.  man, every where to honour God. Moreover, the verity of these notions, which we call contemplative, doubtless may be demonstrated, even by arguments 
* Tertull. adv. Marc. Anima à primordio, conscientia Dei, does est. Pittas' naturalis, Diodoro Siculo in Fragmentis. Philo deUnius Imperio: Nihil artem praeserens casu oritur. Maximam autem artem mundua praesert, te●…aturque à summe perito summeque pe●…cto se fabricatum. Notitia, qua Deum esse credimus, hinc ortum habet. Tertull. adv. Martion. 1. Nos defendimus Deum primum nat●… cognoscendum, deinde doctrina recognoscendum: Natura ex operibus: doctrina ex 〈◊〉. Cyprian. de Idol. van. Haec est sum●… delicti, nolle agnoscere quem ignor are non possis. Julianus ad Heraelitum: Omnes aute doctrinam numen aliquod esse persuasi sumus: cor●…spiciendum, ad eum p●…operandum: credoque sic animos nostros se habere ad Deum, ut visu praedita ad Lucem.  fetch●… from the nature of things: amongst which, that is of most force, that sense assures us some things were made; and the things made plainly lead us to something that was not made. But because this reason, and other the like, are not apprehended by all men, it is sufficient, that, from the beginning to this present, in all parts of the world, all men (a●… very few excepted) both of the simpler sort that would not deceive, and of the wiser sort that would not be deceived, have consented to these notions: which consent; in so great variety both of Laws and other opinions, evidently shows the tradition propagated from the first men to us, and never solidly refuted; and this alone is enough to procure belief. What we have set down afore, concerning God, agrees with Dion Prusaeensis, where he saith, our persuasion of God is either connate to us and drawn from arguments, c●… else acquired by tradition. Plutarch calls it, An ancient persuasion, than which no argument can be more sure, being the common foundation, upon which is built all pity. Aristotle 
* Decaelo l. 3. , All men have à persuasion concerning the Gods: and Plato 
* Delegib. 10.  speaketh also to the same purpose.   

C. The first violators of these may be punished.  
WHerefore they are not without fault, who, though they be of duller wit than either to find out or to comprehend certain arguments for these notions, do reject them, seeing they guide to virtue, and the contrary opinion hath no arguments to support it. But, because we treat of punishments, and those human, a difference is here to be made 'twixt the notions themselves, and 'twixt the manner of departing from them. These notions, That there is a God (one or more, I say not:) and, That he hath care of human affairs, are most universal, and absolutely necessary to the constitution of Religion, whether true or false. He that cometh unto God, (that is 
Heb. 11. 6. , He that hath any Religion: for Religion is called by the Hebrews an access unto God:) must believe that God is, and that he is a Rewarder of them that seek him 
† Similiter Cicero, de nat. deorum. l. 1. Sunt Philosophi, & fuerunt, qui nullam habere ceuserent humanarum 〈◊〉 procurationem deos. Quorum si vera sententia est, quae potest esse pietas, quae sanctitas, quae religio? Haec enim omnia pure & caste tribu●…da Deorum it a numini sunt, si animadvertuntur ab his, & si est aliquid à Diis immortalibus humane geveri tributum. . Epictetus: This is the principal part of Religion to have a right opinion of the Gods, both that they are, and that they do justly order all things. Aelian saith, none of the Barbarians fell to Atheism, but all affirmed, there is a God, and such a one as careth for us 
* Seneca epist. 95. Primus est Deorum cultus, Deos credere: deinde reddere illis majestatem suam, reddere bonitatem, sine qua nulla majestas est. . Plutarch in his book of common Notions saith, the notion of God is none, if you deny a Providence: For God must be conceived, 〈◊〉 only immortal and blessed, but a lover of men, one that takes care of them 〈◊〉 doth them good. Neither can any ho●… (saith Lactantius) be due to God, if he savour not the godly, nor fear, if he be not angry with the ungodly. And truly, to deny the Being of God, and to deny his Providence, if we respect the moral consequence, is all one. Wherefore, upon necessity, these two notions, through so many Ages, have been preserved, even amongst all Nations whom we have known. Hence religion toward God is ascribed by Pompo●…ius to the Law of nations 
L. veluti. de ●…stic. & jure. : and Socrates in Xenophon saith, To worship God is a Law, which hath force amongst all men. Which also Cicero 
* De ●…at. Deor. lib. 1. & 2. de Invent.  affirms. Xenophon, in his Convivium, averreth, that both Greeks and Barbari●… think all things, present and future, to be known unto the Gods 
† Dion Prusaeensis orat. 41. vocat, persuasionem quae misit hominibus communiter omnibus, non minus B●…ber is quam Graecis necessariam, ac naturalem cunctis ratione ●…tibus. Et paulo post: Persuasionem valde robustam ac semp●…, apud omnes gentes & coeptam & permanentem. Seneca epist. 〈◊〉 Tanqu●… Deos esse inter alia sic colligimus, quod omnibus de Diis opinis 〈◊〉: nec ulla gens usquam est adeo contra leges moresque projecta, ut non aliquos Deos credat. Idem de Benef. 4. 4. Nec in hunc furorem omnes mortales consensissent alloquendi surda numina & inefficace●… Deos. Add Platonem Protagora, & 10. de leg. & pulchra quae habet Jamblichus post principium de mysteriis Aegyptiorum, ubi Deum nosse ita homini ait proprium, ut hinnitum equo.  These notions therefore, whosoever first begin to take away, as they are wont to be restrained in well governed Cities (as Diagoras Melius 
Aelian. lib. 9  was, and the Epicures, who were ejected out of good towns:) so, my judgement is, they may be restrained 
† Moxus Lydus Crambi urbis inhabitatoyes obsidione captos mersit, omnes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, ut qui Deum nullum nossent colerentve. Nicolaus Damascenus in excerptis Peiresianis.  in the name of human society, which without probable cause they violate. Himerius the Sophister in his action against Epicurus: Do you then punish me for an opinion? No, but for impiety. It is permitted to deliver opinions; not, to oppose piety too. The other notions are not so evident: viz. That there are not more Gods than one: That none of the things we see, is God: not the world, not the heaven, not the earth, not the air: That the world is not from all eternity no nor the matter of it, but was made by God. Wherefore, we find the knowledge of these, in process of time, obliterated among many people, and as it were extinct: and so much the more easily, for that the Laws took less care of this part; without which also some religion might after a sort subsist. The Law of God itself (given to that people, whom the Prophets, and prodigies, partly seen with their eyes, partly delivered to them by undoubted fame, had instructed with knowledge of these things, neither obscure, nor uncertain) though it most detesteth the worship of false Gods, yet doth it not punish with death all that are convicted of that crime; but them alone, whose facts are aggravated by some 
Deut. 13. 16. Deut. 13. 23. Deut. 17. 2.  singular circumstance: as, him, who hath first seduced others; the City, which hath begun to worship Gods formerly unknown; him that worshippeth the stars, that he may forsake the whole Law, and withal the service of the true Gods (which is, in S. Paul's phrase, to serve the creature, not the Creator 
* Philo ad Decalogum de talibus: Su●…t autem alii quorum ulterius impietas procedis, qui ne paria quidem Deo & operibus ejus tribuunt, sed quicquid hono●…s excogitari potest his exhibent, illud communissimum bonum null●… memoratione d●…gnantes, id praetereunt quod solum meminisse debuerant, sponte miseri sibi accersentes quaesi am oblivionem. Sic locum Deuteronomii interpretatur Maimonides Directore 3. 41. Legat. ad Caium. ; for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there and elsewhere often hath an exclusive signification:) which thing, even amongst Esau's posterity some time was liable to punishment, as we may see, Job 31. 26, 27. him also, who offered his children to Moloch, that is, to Saturn, Levit. 20. 2. But, the Canaanites and the neighbouring Nations, that had aforetime fallen to evil superstitions, God did not presently judge fit to be punished, but then at last when they had filled up the measure of their iniquities, Genes. 15. 16. So also in other Nations he winked at the times of ignorance about the worshipping of false Gods, Act. 17. 38. Philo indeed hath rightly said, Every man's own Religion seems best to himself, as that which for the most part is not judged of by reason, but affection: wherewith agrees that of Cicero, No man approves 
Academic. 4.  any course of Philosophy, but that which himself followeth. He adds, Most men are engaged to a sect, before they are able to judge which is best. Now, as they are excusable, and at least not to be punished by men, who having received no Law delivered from God, worship either the virtues of the stars, or of other natural things, or spirits, whether in images, or in living creatures, or somewhat else; or also the souls of such as have excelled in virtue and benefits done to mankind, or certain incorporeal intelligences; especially if they neither have devised such worships themselves, nor do therefore forsake the worship of the most High God 
† Sacrifices sent by the Kings of Egypt, ●…y Augustus, by Tiber us, were admitted into their Temple by the Jews: as Josephus and Philo tell us. ; So are they to be numbered among the injurious rather than erroneous, who either to Cacodemons', whom they know to be such, or to the names of vices, or to men whose life hath been very vicious, do appoint and exhibit divine honours. And so are they, who worship the Gods with the blood of innocent men; from which custom, that he compelled the Carthaginians to abstain, is the praise of 
* The son of Hystaspes, father of Xerxes. Justin. lib. 19 Plutarch. Apophth. & de sera vum. vind. Idem quaest. Roman. 12.  Darius the Persian King, and of Gelo the Syracusian Tyrant. Plutarch also relates, that certain Barbarians, that worshipped their Gods with human sacrifices, were about to be punished by the Romans: but when they excused themselves by antiquity of the custom, they suffered nothing, but only were forbidden to do so any more.   

CI. Wars are not justly made against them that will not embrace Christian Religion.  
WHat shall we say of those Arms which are carried against any people for this cause, that they will not entertain Christian Religion proposed to them? I will not now inquire, whether it be proposed in such a quality, and in such a manner, as it ought. Suppose it be: two things we say are to be noted. The first is this; that the truth of Christian Religion (to wit, so far as it superadds to natural and primitive Religion things not a few) cannot be persuaded by arguments merely natural, but depends upon the history both of Christ's Resurrection, and of the miracles wrought by himself and his Apostles: which is a matter of fact, of old indeed confirmed by irrefragable testimonies; but, of old; so that this is a question of fact, and that now very ancient. Whence it happens, that this doctrine cannot throughly sink in into the minds of such as, now first, hear it, unless it be seconded by the secret assistances of God; and these, as they are not given to them that have them for a reward of any, work, so if they be denied to any or any, or granted more sparingly, this comes to pass for causes, not unjust indeed, but for the most part unknown to us and therefore by human judgement not punishable. Pertinent here is the Canon of the Toledan Council: The precept of the Holy Synod 
Cap. de Juda●… dist. 45.  is, that henceforth none be 
* Josephus ira cense●…: Debere quemque libero animi propo●…to Deum colere, non vi coactum.  compelled to believe. For God will have mercy on whom he will, and whom he will he hardeneth. For it is the manner of Scripture, when the causes of things are secret to us, to assign the will of God for the cause of them 
† Servius ad initium 3. Aen. Quo●…iescumque ratio vel judicium non apparet, sic visum interponitur. Sic & Donatus add act. 5. sc. 2. Eun. atque in eum sensum poni Hebraeum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 notat Abarbaniel. . The next thing to be noted is, that Christ the Author of the new law his will and pleasure is, that no man should be drawn to receive his Law by the punishments of this life, or fear of them 
* Rom. 8. 15. Heb. 2. 15. Jo. 6. 67. Lu. 9 54. Matth. 13. 24. Tractat hoc Gregorius Naz. orat. Cum assumtus est à patre; & Beda lib. 26. Isidorus de Sisebuto Rege; Qui in initio regni sui Judaeos ad fidem Christianam permovens, amulationem quidem Dei habuit, sed non secundum sci●…iam; potestate enim compulit, quos provocare oportuit fidei ratione. Transcripsit hoc in historiam Rodericus 2. 13. Posteriores in Hispania Reges eodem nomine culpant Osorius & Mariana, quem vide 26, 14. 27, 5. ; in which sense that of Tertullian is most true, The new law doth not vindicate itself by the revenging sword. In that ancient book, entitled the Constitutions of Clement, it is said of Christ: He hath left unto men the freedom of their own choice, not punishing them with temporal death, but calling them to account in the world to come. Athanasius 
* Epist. ad solitarios. ; The Lord not compelling, but permitting to the will its own liberty, said unto all, If any one will come after me; and to the Apostles, Will ye also go away 
† Cyprianus epist. 55. Conversus ad Apostolos suos dixit, Nunquid & vos vultis ire? servans sc. Legem, qua homo libertati suae relictus & in arbitrio proprio constitutus, sibimet ipse vel mortem appetit, vel salutem. ? Chrysostom on the same place of John: He asketh, whether they also will go away: which are the words of one laying aside all force and necessity. Nor is that in the Parable of the Marriage any objection, that the servants are commanded to compel some to come in, Lu. 14. 23. For as in the parable itself that word compel signifies the instance 
† Cyprianus de idolorum vanitate hunc locum respiciens: Per orbem vero discipuli, magistro & Deo monente diffusi, precepta Dei in salutem darent, ab errore tenebrarum ad viam lucis adducerent, caecos & ignaros ad 〈◊〉 nem veritatis ocularent. Ac, ne esset probatio minus solida & de 〈◊〉 delicata confessio, per tormenta, per cruces, per multa poenarum 〈◊〉 tentantur.  of the Messenger, so also in the moral of it: in which sense a word of the same signification is taken Lu. 24. 29. and no otherwise Matth. 14. 22. Mark. 6. 45. Gal. 2. 14. Procopius in the secret part of his history saith, Justinian's 
* Ad eundem Justinianum Epistolam Theodaliadi 〈◊〉 in Cassiodoro 10. 26.  order was blamed by wise men, that he compelled the Samari●…ans by force and threats to profess the Christian Religion: he adds also the incommodities ensuing thence, which may be read in the Autho: himself.   

CII. Justly against them that deal cruelly with Christians only for Religion sake.  
BUt they that subject to punishments, the Teachers or Professors of Christianism for that cause, certainly do that which is contrary to reason itself. For, there is nothing in the Christian discipline (I consider it here by itself, not as it is mixed with any corruption) which is hurtful to human society, yea, there is nothing which is not profitable to it. The matter is apparent, and the Aliens are constrained to acknowledge this truth. Pliny saith, the Christians bound themselves by Sacrament, not to commit theft, nor robbery, nor break their trust. Ammianus 
† The same Author truly calls Christian Religion absolute & simple. And Zozimus a Pagan too saith, the design of it is to free men from all wickedness and impiety. And frequently it was acknowledged by the Infidels to be a Sect injurious 〈◊〉 offensive to none. Tertull. Scorpiaco. Justin. Apol. 2. We do you much service, and help you to keep your Empire quire, teaching, that no man can conceal himself from God, whether he do good or evil; and that according to his deeds every man shall enter into life or death eternal. 〈◊〉 lib. 2. speaking of the Christian Assemblies, saith, nothing was heard in them, but what may make men meek and modest, and charitable to all their Brethren.  saith, nothing is taught in that Religion, but what is just and gentle. And it was a Byword among the people, Caius Seius is a good man, but that he is a Christian 
* Bonus vir Caius Seius, tantum quod Christianus. Tertull. Apol. cap. 3. & 1. adv. Nat. cap. 4. . Nor is this excuse to be admitted, All innovations are to be feared, especially Assemblies: for, neither are doctrines to be feared, though new, if they lead to all honesty, and to obedience toward superiors; nor ought Assemblies of honest men to be suspected, and of such who seek not hiding places, unless they be compelled. Rightly may be applied here, what Philo 
† In legatione. Similiter & libro de Sacrifica●…tibus facunde ostendit quantum synagogae distent à Paga●… mysteriis. Locus uterque dignus inspici. Simile habet libro altero centra Appionem Josephus.  relares Augustus said of the Jewish Synagogues: They are not Bacchanals, or Conventicles to aisturb the peace, but schools of virtue. They that rage against such, are themselves in such a condition, that they may be justly punished: which is also the opinion of Aquinas. And for that cause did Constartin 
* Vide Zonaram. Sim le illud apud Augustinum epist. 50. Maximianus Episcopus Vagi●… auxilium petiit ab Imperatore Christiano contra hostes Ecclesiae, non tam sui ulciscendi causa, quam tuendae Ecclesiae sibi creditae. Relatum est in causam 23. qu. 3.  war against Licinius, other Emperors against the Persians 
* Vide Menandrum protectorem. ; though these wars pertain rather to the Defense of the Innocent, of which hereafter, than to the exaction of punishment. 
Tho. 2. 2. 108.    

CIII. Not against them who are mistaken in the sense of Scripture.  
AS to them that embrace the Law of Christ for true, but doubt or mistake in some things, which either are beside the Law, or in the Law seem to have an ambiguous sense, and have been expounded by the ancient Christians not after one manner, they that persecute such do very unjustly: as appears both by what we have said afore, and by the old example of the Jews. For these having a Law established by punishments of this life, did yet never punish the Sadduces, who rejected the article of the resurrection, a point indeed most true, but in that Law not delivered but obscurely, and under a veil of words or things. And what if it be a more grievous error, and such as before equal Judges may easily be revinced by authority of Scripture or consent of Fathers? Here also is to be considered, how great is the force of a settled opinion, and how much every man's judgement is darkened by Affection to his own Sect, an evil, as Galen saith, incurable. Origen speaketh appositely: Moore easy 'tis for a man to put off any other customs, how much soever he is affixed to them, than to lay aside his accustomed opinion 
† Sequitur hoc Chrysostom. in 1 Cor. 2. ubi vero consuetudo in dogmate inciderit, multo fit immobilior. Nihil enim est quod non facilius homo mutet quam ea quae religionis sunt. . Add, that the estimation of this fault depends upon the measure of illumination, and other dispositions of the mind, which are not in the compass of man's knowledge. He at last is an Heretic in Augustine's 
* Lib. de util. credendi. Locus refertur in cause. 24 qu. 3. Austin adds, that he that belieus heretic, seemeth not to him the same thing with an heretic. Heresy is the madness of a more obstinate mind. Vide eundem epist. 162.  judgement, who, for some temporal profit, and especially for glory and principality, either is the Father, or the follower of new doctrius 
† Scriptor responsorum ad orthodoxos quaest. 4. Apertum est ex cupiditate gloria aut ex amulatu qui primos repertores agitaverit, 〈◊〉 omnes existendi originem cepisse. Chrysostom ad Gal. 45. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The desire of dominion is the mother of heresy. . Let us hear Salvian discoursing of the Artans: They are Heretics, but know it not: Heretics in our judgement, not in their own; for they do so much think themselves to be Catholics, that they asperse us with the stain of heresy. Wherefore we are the same to them, that they are to us. We are sure they do injury to the divine generation, because they make the Son less than the Father. They think us injurious to the Father; because we believe them to be equal. The truth it with us, but they presume it is with them. The honour of God is with us, but they suppose what they believe is for the honour of the Deity. They are inofficious, but this is to them the chiefest office of Religion. They are impious, but this they think to be true piety. They err then, but they err with a good mind 
* Agathias in the first of his histories, where he had spoken of the absurd superstirious of the Almens, addeth They are more worthy of plry than hatred, for their errors. For they do not stumble and wander willingly, but being desirous of good & deceived in judging, what they have approved thy hold fast, whatsoever it is. , not out of hatred but love of God, believing that they honour and affect the Lord. Although they have not a right faith, yet they esteem this to be perfect charity: and how they are to be punished, for this error of their opinion, at the day of Judgement, none can know but the Judge 
† Chrysostom in his Homily against Anathematizers: That which is secret let him alone securely judge, who is Judge of the whole world; to whom alone is known the measure of men's knowledge, and the quantity of their faith. For tell me, whence can we know, with what words a man will accuse or excuse himself in that day, when God shall judge the secrets of men? His Judgements are inscrutable and his ways past finding out. . In the mean therefore, as I conceive, God lends them patience, because he sees them, though not right believers, yet erring through affection of a pious opinion. Concerning the Mantchees, let us hear him who stuck long in their mire, Augustin; Let them rage against you, who know not with what labour Truth is found, and how hard it is to avoid errors. Let them rage against you, who know not how rare and difficult it is to overcome carnal phantasms by serenity of a pious mind. Let them rage against you, who know not with what groans and sighs it is effected, that in any sort God may be understood. Lastly, let them rage against you, who are deceived with no such error, as they see you are deceived with. For my part, indeed I cannot rage against you, with whom, as once with myself, I ought now to bear, and treat you with as much patience, as my friends showed to me, when I went astray in your opinion, mad and blind. Athanasius 
* Epist. ad solit.  sharply inveighs against the Arian heresy 
† Deservedly do we hate the Authors of so ill an example among Christians. See their crueltics in Eusebius of the life of Constantin, lib. 1. 5, 38. Socrates lib. 4. 29. Procopius Vandal. 1. & Gotth. 1. and Victor Uticensis. Epiphanius of the Semi-arians; They vex the Teachers of truth, and confute them not with words but swords, and have destroyed, not one, but many Towns and Countries. Of such Gregory Bishop of Rome to the Bishop of Constantinople; It is a new and ●…heard of way of preaching, which beats men into belief. , because it first used the power of the Judges against Dissenters, and endeavoured to draw unto itself by stripes and imprisonment, whom i●… could not prevail with by persuasion: and so, saith he, it manifesteth itself, how far it is from piety, and from the worship of God, respecting, as I take it, that which is read, Gal. 4. 29. 
* Ad quem locum vide Hienymum citatum c. qui secundum causa 23. quaest. 4.  Hilary hath a like passage in his Oration to Constantin. In Gallia long since, were condemned by the judgement of the Church, the Bishops, who took order, that the Priscillianishes might be convicted with the sword: and in the East the Synod was condemned, which had consented to the burning of Bogomilas, Wisely said Plato; It is the fittest punishment for one in error, 
Errantis paenam esse doceri. . to be made to learn 
† Seneca in Tragoedia: Quis nomen unquam sceteris errori dedit? Et de ira, 14. Non est prudentis errantes odisse; alioquin ipse sibi ●…dio erit. M. Anton us l 9 Si potes, meliora doce: si non potis, memento in hoc tibi lenitatem datam. Ipsi dii lenes suut talibus. Chrysost. ad Eph. 4. 17. Eum qui ignorat neque malo affici, deque accus●… cportet; sed aequum est, ut discat quae ignorat. Valentinianus, laudance Ammiano Marcellino l. 30. Nec quenquam inquietavit, neque ut 〈◊〉 coleretur imperavit, aut illud: nec interdictis minacibus subjectorun cervicem ad id quod ipse coluit inclinabat, sed intemeratas reliquit b●… parts, ut reperit. .   

CIV. Justly are they punished, that are irreverent to the Gods they own.  
MOre justly shall they be punished, who are irreverent and irreligious toward those whom they think to be Gods 
† Vide de hac re Egregia apud Cyrillum libro contra Julianum 5. & 6. Solon, as Plutarch in his life relates, prevailed with the Amphictyones to make war upon the Cyrrhaeans, because they had robbed the Temple of Delphi. And so are they rightly punished who falsely take upon them the name of Prophets. Consul Agathiam l. 5.  And this was alleged among other causes of the Peloponnesian war 
* Thucic l. 1.  between the Athenians and Lacedæmonians, and by Philip of Macedon 
* Diodo●…. l. 16.  against the Phocenses; of whose sacrilege Justin 
* Justin. l. 8.  thus; It was athing that aught to be expiated by the forces of all the world. Hierom on the sixth of Daniel: So long as the vessels were in the Idol-temple of Babylon, the Lord was not angry (for they seemed to have consecrated the things of God to divine worship, though by an erroneous opinion they mistook the Deity:) but after that they pollute the divine things by human uses, presently punishment waits upon the sacrilege. And truly Austin is of opinion, that God advanced the Empire of the Romans, because, though in a false way, they were so studious of religion; and, as Lactantius speaks, performed the chiefest business of man, though not in truth, yet with a good intention. And we have said above, that perjuries, even by false Gods, are revenged by the true God. He is punished, said Seneca, because 
7. de benef. 7.  he did it as to God: his opinion makes him liable to punishment. So al●… do I take that other saying of Seneca: li divers places the violators of Religion on 
3. De Benef. 6.  punished diversely; but every where they are punished: and that of Plato likewise, 
De Leg. 10.  where he condemns them as capital offenders.   

CVI Of Communication of punishment. How it passeth to partakers of the fault.  
WHen the question is about Communication of punishment, either we mean partakers 
† Tertull. de resurr. carnis; Dicent enim ministors & socios habere arbitrium ministrandi atque sociandi, & potestatum suae voluntatis in utrumque, homines sc. & ipsos, iceirco cum auctoribus merita communicare, quibus operam Sponce accommodant.  of the fault, or others. They that are partakers of the fault, are punished not so much for another's as for their own offence. They then, that command a vicious act, that give consent required 
* Saulus manibus omnium lapidabat. Aug serm. 5. de sanctis cap. 4. similia, form. 1. & 14. , that aid 
† Institut. de furt. sect. interdum. Edicto Theuderici, c. 120. , or entertain 
* Hieronym. super parah. Non fur solum, sed ille reus tenetur, qui surti conscius, quae ente possessore, non indicat. Chrysost. de statuis 14. Non enim persuri, sed & qui conscii cum sint, caelant perjuria, criminis tenentur. , or any other way partake in the crime: that give counsel 
† Vide Instit, & edict. Theud. d. 1. Androcides ex lege Artica, Qui cons●… dedit eum non minus voena teneri, quam qui manu rem effec●…. Ne●… enim sine consiliores facta fuisset, ait Arist. de Poet. c. 17. , that praise and encourage 
† Chrysost. 1. ad Rom. circa fin. Pejor peccante qui peccantem Laudat. Qui facinorosum adstans hortatur, pro faciente habetur lege Longogobardica l. 1. c. 9 sect. 25. ; that when by right properly so called they are bound to forbid, do not forbid 
* Chrysost. 1. adversus Judaeos: Sic non li modo qui furtum fecere, sed & qui prohibere cum possent non prohi●…, puniuntur, & quidem pari uterque poena. Sic cum qui sanari agrorum prohibet, teneri quasi vulnerasset, ait idem Chrysostomus, ad Cor. cap. 7. ; or, when they are bound by like right to help the sufferer of injury, do not help; that do not dissuade, when they ought to dissuade; that conceal the fact, which they were bound by some Law to make known: all these may be punished, if there be found in them such malice as may suffice to the merit of punishment, according to the rules set down afore.   

CVI The Community or Rulers are engaged by their subjects fault, if they know and do not forbid it, when they can and aught.  
THis point will be more cleared by examples. As another Community so also the Civil is not to answer for the fact of particular men without committing or omitting somewhat themselves. S. Augustin saith well; We must make a difference between the proper sin of every one, and the common sin of the people, which is committed by a multitude disposed to it with one heart, and one will. Hence it was in the form of leagues; If there be a failing by public Counsel 
† Chrysost. de stat. 3. Non common fuisse delictum Civitatis, sed extraneorum & advenarum, qui cuncta tomeritateac legum ignorantia quam ratione facerent. Neque vero aequum, ut ob paucorum imperitiam tanta urbs ever ●…etur, & poenam serrent culpae exortes. Ammian. l. 30. de Quadis: Nihil ex communi ment procerum gentis delictum asseverantes in nostros. . The Locrians in Livy make remonstrance to the Roman Senate, that the defection did not proceed from any public determination. In the same Author Zeno interceding for the Magnetes to T. Quintus and the Legates with him, besought them with tears, That the madness of one might not be imputed to the City, but that the Doer might run the peril of his own actions. And the Rhodians before the Senate separate the public cause from the private, saying, There is no City which hath not sometimes wicked Citizens, and a rude multitude always. So, neither is a Father bound by the fault of his children, nor the Master of his servants, nor other Governors, except somewhat that is vicious adhere to them. Now, among the ways whereby Governovis of other men become guilty, there are two of especial use, and require our diligent consideration: Sufferance and Receipt. Of sufferance we determine thus; He that knows a fault to be done, that is able and bound to forbid it and doth not, is guilty. Cicero against Piso: Nor is the difference much, especially in a Consul, whether himself by pernicious Laws and wicked speeches vex the Commonwealth, or suffer others to vex it. Brutus to Cicero: You will say then, Do you make me guilty of another's fault? Yes truly, if it were in you to hinder it 
† Par est delinquere, & delinquentes non prohibere, ait Agapetus ad Justinian. Quisquis patitur peccare peccantem, is vires subministrat audaciae, air Arnobius. Qui desinit obviare cum potest, consentit: Augustinus. Egregie Proclus ad illud Hesiodi, sape luit populus paenas unius iniqui: ait, 〈◊〉 qui cum prohibere possit, non prohibet unius malitiam. . So, in the Army of the Grecians, where Agamemnon himself and the rest were under the Common Council, it is right, that the Grecians were punished for the offences of their Princes; because it was in their power to compel 
* So is this explained by Cyril in his 5. book against Julian. Chrysostom in his first homily to the Antiochians involves them all in the crime: The act, saith he, was done by a few, the guilt is laid upon all. We are all in fear and expect punishment for their offence: which if we had prevented, and driven them out of the City, we had been now in safety. Liv. lib. 1.  Agamemnon to render the Priest his daughter. It is in Livy, The Kinsmen of King Tatius beat the Ambassadors of the Laurentes: and when the Laurentes pleaded the Law of Nations, Affection to his friends prevailed more with Tatius: thus he drew upon himself the punishment due to them. Here is proper that of 
* Lib. 1.  Salvian concerning Kings. The Highest power which can restrain the highest sin, doth seem to approve it, if knowingly it be permitted. 
† Thucyd. l. 1. & 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dion saith in the life of Galba, It is sufficient for private men not to offend, but Rulers must take care that no other do transgress.  The Veientes and Latins excuse themselves in Livy, that their subjects helped the enemies of Rome without their knowledge. But the excuse of Teuca Queen of the Illyrians is not accepted, saying, Piracy was not exercised by herself, but by her subjects; For she did not forbid them. So, of old, were the Scyrians condemned by the Amphictyones 
* Plutarch. Cimone.  for suffering some of their men to exercise Piracy. Now, 'tis easily presumed, the things are known, which are conspicuous, which are frequent. That which is done by many, can be unknown to none, saith Dion Prusiensis. The Aetolians are gravely 
Rhodiacà. Polyb. lib. 2.  reprehended by Polybius, that, when they pretended to be the friends of Philip, they did nevertheless suffer their men openly to act hostility, and preferred unto honours the principal actors of it.   

CVII. Likewise if they receive then that have offended elsewhere, unless they punish them or yield them up.  
NExt, let us consider of Receipt. Punishments, as we have said, may be required naturally by any one, to whom no like offence can be objected. Commonwealths being instituted, it was agreed, that the faults of particulars, which do properly belong to their own society, should be left to themselves and their Rulers, to be punished or dissembled at their pleasure. Howbeit, so full a right they have not, in offences which in some sort belong to the Society of mankind; which other Commonwealths and their Rulers have a right to prosecute; just as in every Commonwealth, any one in some cases, may commence an action: much less have they that full power in those offences, whereby another state, or the Governor of it is peculiarly wronged; and for which therefore He or She, for their dignity of security, have right to require punishment, according to what we have said above. This right then, the Commonwealth in which the delinquent lives, nor the Ruler thereof, can justly hinder. But, seeing Commonwealths are not wont to permit another State to come armed within their bounds to exact punishment, nor is that expedient, it follows, that the Commonwealth, wherein he lives that is found 
† For the knowledge of the cause ought to precede the dedition. It is not meet to give up men untried, saith Plutarch in his Romulus. The King of Scotland in Camden An. 85. saith to Q. Elizabeth, that he would transmit Fernihust and the Chancellor too, if they were convicted by a fair trial.  guilty, aught to do one of the two, either punish him according to his desert, being called upon; or leave him to the judgement of the offended State. For, this is that which is meant by 
* Dedere.  delivering up, so often mentioned in histories 
† Lucullus required Mithridates of Tigranes, and for denial made war upon him. Appian & Plut. . So the other Israelites require of the Benjamits to deliver up the wicked men, Jud. 20. The Philistines of the Hebrews to deliver up Samson to them as an Evil-doer, Jud. 15. So the Lacedæmonians waged war against the Messenians, because they delivered not up a certain man that had slain some Lacedæmonians: and at another time for not delivering them that had ravished the Virgins sent to offer sacrifice. So Cato gave his vote, that Caesar should be delivered to the Germans, for warring against them without just cause. So the Galls required the Fabii should be delivered to them 
* Plutarch Camillo. Livius lib. 28. , for fight against them. The Romans demanded of the Hernici the spoilers of their fields, and of the Carthaginians, Aniilcar, not that Noble Captain, but another that stirred sip the Galls: and afterward they demanded Annibal: and Ingurtha of Bocchus, in these words in Sallust; So shalt thou 〈◊〉 once free us from the sad necessity of prosecuting thee for thy error, and him for his villainy. By the Romans themselves were given up those that had done violence to the Carthaginian Ambassadors, and those that had done the like to the Ambassadors of the Apolloniatae. The Achaians required of the Lacedæmonians, that they should be yielded, who had assaulted Lanvic, adding, except they were yielded, the League seemed to be violate. So the Athenians 
Diodor. l. 16. Val. Max. l. 6. c. 6.  by their Herald proclaimed, if any one had lain in wait for Philip, and had fled to Athens, he was to be yielded up. The Boeotions exacted of the Hippotenses, that they should be yielded up that had killed Phocus. All which examples yet, are so to be understood, that the people or King be not strictly bound to deliver up the party, but, as we have said, either to deliver him up, or to punish him. For so we read the Eleans to have waged 〈◊〉 upon the Lacedæmonians, because they did nothing to them that had done the Eleans injury: that is, they did neither punish, nor deliver up the guilty person for, it is a disjunctive obligation. Some times, choice 
† Vide foedus inder reges Angliae & Daniae, memoratum Pontano de Mari. Caerites apud Livium 〈◊〉 manis significant lib. 7. Transeuntes agmine infesto per agrum s●… Tarquinienses cum praeter viam nihil petiissent, quosdam traxisse 〈◊〉 〈◊〉 ejus quae sibi crimini detur●… Comites: Eos, seu dedi placeat, dedere●… paratos esse, seu supplicio affici, datures poenas. Quintil. declam ●…55. Proximos existimo eos transsugis, à quibus transfugae recipi●….  is left to them, for the better satisfaction, that demand the offenders.   

CVIII. Whether the persons yielded up, and not received, remain Citizens.  
P. Mutius Scaevola's opinion was for 
L. ult. D. de Legat.  the negative: because, whom the people had given up, they seemed to have expelled him out of their City, as when they interdicted him fire and water. Brutus is for the affirmative, and Cicero after him: which opinion is the truer, yet not properly for that Argument which Cicero 
L. 1. & 2. de Orat. Top. & pro A. Caecinna.  brings, because, as donation, so dedition cannot be understood without acception. For, the act of donation hath not perfection, but by consent of two parties: but to deliver up, of which we speak here, is nothing else but to permit a Citizen to be under the power of another people, to do with him what they please. Now, this permission, neither gives, nor takes away any right; it only takes away the impediment of execution. Wherefore, if the other people use not the right granted, He who is given up will be in that condition that he may be punished by his own people (which was done upon Clodius yielded 
Val. l. 6. c. 3.  to the Corsi; and not received by them;) or not punished, as there are many faults, wherein either way may, be taken. The right of the City (as also other rights and goods) is not lost, by the fact itself, but by some decree or judgement, unless some Law will have the fact esteemed for a judged thing; which cannot here be said. (And after this manner goods also, if they be delivered up and not accepted, will remain whose they were.) But if the dedition be accepted, and afterward, by some chance the party return, he will not be a Citizen, except by a new favour: in which sense, true is the answer of Medestinus. 
L. cos qui D. de captiv.    

CIX. That the rights of suppliants belong to the miserable, not to the guilty; with the exceptions.  
WHat we have said of punishing, a giving up guilty persons, pertains not only to those that have always been the subjects of him with whom they are found; but to them also who after the crime committed have fled any Whither Nor do those so much-spoken-of rights of suppliants, or examples of places of refuge 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Polybio & Malcho in excerpt. Leg.  hinder. For these profit such as a●… oppressed with causeless hatred, not suc●… as have committed that which is injurious to human society, or to other men Gylyppus the Laconian in Diodorus Siculus, 
L. 13. biblioth.  speaking of that right of suppliants, saith, They that introduced these rights at first, meant the unfortunate should expect mercy; the injurious, punishment. After: These men, if by the unjust desire of that which is another's, they have fallen into these evils, must not accuse fortune, nor impose on themselves the name of suppliants. For that, by right, belongs to them that have an innocent mind, & adverse for tune 
† Oraculum vetus: 
Carum occidists, dum vis succ●…ere: nullum  
Crimen habes; manus est tibi parior, ac suit ante.  . But the life of those men full of wicked acts, shuts up 
Duo illa fortunam & injuriam Menander optime distinxit: 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Philo de Judice: Misericordia infortuniis debetur: at qui deliberata scientia male agit, won infelix est, sed injusties. Sic M. Antonious mentem vult inspici ut noris ignorantia in aliquo an consilium suerit. Sic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quae ex ignorantia aut oblivione veniunt; & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quae ex consulto fiunt, distinguit Totilas apud p ocop. Got. 3.  against them all places of refuge, and leaves no room for compassion. Cicero hath a saying out of Demosthenes: We must show compassion to those, whom fortune, not their 
Deut. 19 1. 23. 15. Exod. 21. 14. 1 Reg. 2. 29. 2 Reg. 11. 13.  own evil deeds have made miserable. So, in the most wise Law, when any one had been stain by an Axe slipping out of another's hand, the Cities of refuge were open; but the most holy Altar itself was no protection for them that had slain an innocent man deliberately, or had troubled the Common wealth. Which Law Philo explaining saith: Unholy men have no entertainment 
De spec. leg.  in the Holy place. And no otherwise the more ancient Greeks. It is related, that the Chalcidenses refused 
† Pipin received and would not deliver those that fled to him out of Newstria oppressed by tyranny. Fredegarius in reb. Pipini 1188. And Ludov. cousin Pius the Emperor received those that fled to him from the Roman Church, as appears by his Decree, Anno 817.  to 
Plutarch. qu. Gr. 32.  yield Nauplius to the Achivi: but the cause is added; for he had cleared himself from their objections. There was among the Athenians an Altar of mercy, mentioned by Cicero and others; but for whom? Only for the miserable and distressed. Aristides saith, it was the proper praise 
* Which Mariana ascribes to the Arragonians. l. 20. 13. The Gep dae in Procopius had rather all perish than give up Ildigisales to the Romans. Got. 4.  of the Athenians, that they were a refuge and comfort to all afflicted men every where 
† Aristid. Panathen. Idem alibi. His qui●… locorum infelices sun ', communis eis una est felicit as, bonitas civitatis Atheniensis, per quam salutis compotes fiunt. Apud Xenopho●… rend Patrocles Phliasius in orat. quam Athenis habuit: Laudab●… banc urbem quod omnes aut injuria affectos, aut sibi praemetu●…s, 〈◊〉 〈◊〉 fugiss●…nt, auxilii compotes fieri intellexeram. Idem sensus est à Epistola Démosthenis pro Lycu gi liberis. Et vide Sophoc. 〈◊〉 di●…. Col.  Lycurgus 
* Advers. Leocr.  the Orator relates, that one Callistratus, who had done a capital fault, advising with the Oracle received answer, that if he went to Athens, he should have right, and that, in hope of impunity, he fled to the most holy Altar there; and notwithstanding, was put to death by the City, most observant of her Religion; and so the Oracle was fulfilled. Tacitus 
* Annal. 3.  disallows the custom in his time received through the Grecian Cities, to protect the wickedness of men, in reverence to the Gods. Prince's indeed (saith the same Author) are like Gods: but neither do the Gods hear the prayers of suppliants, except they be just 
* Sophocles jone;— Non enim tangi decet, Manu nocente numina; at justum fuit Piis patere Templa contra injurias. . Such than are either to be punished, or yielded, or removed at least. So the Cymaei in 
In Lusitania Ferdinand Lord Chamberlain, was taken by force out of the Church, and burnt, for forcing a noble Virgin. Mariana lib. 21. Vide & de Asylis librum Viri inagni Pauli Veneti, Societatis servorum quae dicitur.  Herodotus 
† Herod. lib. 1. , when they neither would deliver Pactyes the Persian, nor durst retain him, permitted him to depart to Mitylene. Demetrius Pharius, who being conquered in war had fled to Philip King of Macedon, was required of that King by the Romans. Perseus' King of 
Livius lib. 22 lib. 37.  Macedon, in his defence to Martius, speaking of those that were said to have conspired against Eumenes: So soon as, being admonished by you, I found the men in Macedonia, I commanded them away, and charged them never to return into my dominion 
† So Rudolphus 2. Emperor removed from him Christopher Sbovius. Thuan. A. 1585. Q. Elizabeth answers the Scots, that she would either render Bothwell, or send him out of England. Camden. A. 1593. . The Samothracians declare to Evander, who had lain in wait for Eumenes, that he should quit the Temple. But this right of requiring to punishment, them that had fled their Country, in these last ages, in most parts of Europe, is used only in those crimes which do touch the public State, or are of a very heinous nature. Lesser faults are wont to be passed by with mutual dissimulation, unless 
† As Simler relates in the League of the Helvetii with the Mediolanenses. The Leagues of the English with the French, appointed rebels and fugitives to be yielded; with the Burgundians, to be expelled. Camden Anno 1600.  in the conditions of the League it were otherwise provided, and a more close agreement made. This is also to be known, that Robbers and Pirates, who are grown so strong that they have made themselves formidable, are rightly received and defended, as to punishment; because it concerns mankind, that, if they cannot otherwise, they may be recalled from their evil course by being assured of impunity; and any people or Governor of people may, if they be able, effect so good a work. This is to be noted too, that suppliants are defended till their cause be tried 
* Sic Demophon ad Legatum Euristheos apud Sophoclem; Si crimen istis aliquot hospitibus struis, Jus impetrabis: vi quidem binc non 〈◊〉. ; and if that whereof they are accused be not forbidden by the Law of Nature or Nations, the cause must be judged out of the Civil Law of the people whence they come.   

CX. How subjects are partakers of the faults of their Rulers, or Parts of the whole; and how their punishments differ.  
WE have seen how the fault passeth upon the Rulers from the Subjects, either ancient or newly come: the fault will like wise pass upon the subjects from the highest Power, if the subjects consent to the crime, or do any thing by the command or persuasion of the highest power, which they cannot do without transgression; of which we shall more fitly speak below, where we shall examine the duty of subjects. Moreover, between the whole and the parts, the Community and single persons, the fault is communicated; because, as S. Augustin saith, The Community and the particulars go together, that being made of these; and the whole being nothing else but the parts, in one. Howbeit, the fault perteins to the severals that have consented, not to them that were overcome by the votes of others. For, the punishments of the whole, and of the parts, are distinct. As the punishment of particular men sometime is death, so it is the death of a Commonwealth to be overthrown: which is, when the Civil body is dissolved. Single persons are by way of punishment brought under slavery (as the Thebans by Alexander the Great, those excepted, who contradicted the decree of deserting his society;) So also a City undergoes Civil slavery, being reduced into a province. Single persons lose their goods by consiscation; so, from a City are taken away things common, as walls, shipping, ammunition and the like. But, that particular men for the offence of the Community, without their consent, should lose the things that are proper to them, is injust, as Libanius rightly shows in his Oration concerning the sedition of Antioch. The same Author approves the doing of Theodosius 
† Eadem dicit & Chrysostomus de hac re, in 17. de statuis. In eosdem Antiochenos paria olim constituerat M. Antoninus Philosophus ut testis est Capitolinus: & in Byzantinos Severus, demto Theatro, thermis, honore, ornamentisque omnibus; sed & ipsa urbs Perinthiis data; vide Herodian. 2. , who had punished a common fault by the interdiction of the Theatre, Baths, and title of Metropolitan.   

CXI. How long the right of punishment lasts against a Community.  
HEre occurs an eminent question, Whether punishment for the fault of a Community may always be exacted. So long as the Community lasteth, it seems it may: because the same body remains, the parts succeeding one another. But, on the other side, is to be noted, that some things are attributed to a Community first and by itself, as, to have a treasury, Laws, and the like: some things, by derivation from the particulars. For so we call a Community learned, and valiant, which hath most such. Of this sort is Merit or Desert; for, primarily it agrees to 
Aristot. 7. pol. cap. 13.  the particulars, as having understanding, which the Community by itself hath not. Those then being extinct, by whom Merit was derived to the Community, the Merit itself also is extinguished, and therefore the debt of punishment, which we have said cannot consist without Merit. It seemeth to me, saith Libanius, 
Orat. de seditione Antioch.  you may account it a sufficient punishment, that none of the offenders are now alive. And the judgement of Arrian's good, condemning Alexander's 
† Wherefore Julian in the praise of Constantius attributes to him another cause of war, and saith, No war, accounted just, was ever waged for such cause, not by the Grecians against the Trojans, nor by the Macedonians against the Persians. For they pursued not old crimes with late punishment of the children; but set upon those that injured the posterity of men well-deserving, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  revenge upon the Persians, those being long since dead, who had offended Greece. Concerning the destruction of the Branchidae by the same Alexander, this is the judgement of Curtius: Had these things been done against the Authors of the treason, it would not seem cruelty, but a just revenge: Now, the Children pay for the fault of their forefathers, when as they were so far from betraying Miletum to Xerxes, that they never saw the place. Like unto this is the judgement of Arrian in another place about the burning of Persepolis in revenge of what the Persians had done at Athens: To me Alexander seemeth to have done unwisely: for this was no true revenge upon those Persians, who were dead before. That of Agathocles is ridiculous to every man, who answererd the Ithacenses complaining of their damages, and told them, that the Sicilians had once suffered more from Ulysses. And Plutarch in his book against Herodotus saith, it is not probable, the Corinthians would revenge the injury received from the Samians, after three generations. Nor is it a sufficient defence of such deeds, which we read in Plutarch, of the late revenge of God. For the right of God is one thing, and the right of men another, as we shall show presently. Neither, if it be just that children should receive honours and rewards for their Father's good deeds, is it therefore just that they should be punished for their evil. For, such is the matter of a benefit, that it may be without injury conferred on any; not so, of punishment.   

CXII. Whether the punishment may pass without Communication of the fault. Two distinctions here needful.  
WE have spoken of the ways whereby community of punishment happens from community of fault. It remains that we see, whether, the fault being not communicated, the punishment may. For the right understanding whereof, and that things really distinct may not be confounded by likeness of words, we must note, first, that the loss directly given, and by consequence, are to be distinguished. Directly given I call that, whereby somewhat is taken away from one, to which he hath a proper right; By consequence, that, whereby it comes to pass that one hath not, what otherwise he should have had: to wit, the condition ceasing without which he had not right. An example is in Ulpian: If I 
L. Flumina sect. ult. de dam. inf.  have opened a Well in my grovod, whereby it hath happened that the veins coming to you are cut off: He saith, my work hath not done damage to you, in that wherein I have used my own right. And elsewhere he saith, there is much difference 'twixt bearing damage, and being deprived of the gain which hitherto one hath received. And Paulus the Lawyer saith 
* Praeposterum esse, ante nos locupletes dici, quam acquis●●rimus. L. pretia D. ad l. Falc. : It is preposterous to be said masters of riches, before we have gotten them. So, the parent's goods being confiscate, the children truly feel the incommodity, but it is not properly punishment; because those goods were not to be theirs, unless preserved by the parents to their last breath. Which is rightly noted by Alphenus, when he saith, By the Father's punishment, the children lose that which should descend from him to them; but those things remain entire, which were given, not By the Father, but by nature, or some other way. So Cicero writeth, 
Lib. 2. epist. 11. & 19  that the children of Themistocles were in want, nor thinks he it unjust, that the children of Lepidus should bear the same calamity. And that, he saith, is old, and of all Cities. To which custom yet, the later Roman Laws added much temperament. 
L. cum ratio. D. de bonis dam.  So, when by the fault of the major part, which, as we have said, susteins the person of the whole, the whole is in the fault, and for the same loseth Civil liberty, walls, and other things, the particulars who are innocent do also bear the loss; but in that thing, which pertained not to them but by the whole. Secondly, we must note, some evil is sometimes imposed upon one, or some good is taken away, by occasion indeed of some fault, yet not so that the fault is the immediate cause of that action, as to the right of doing. So he, who by occasion of another's debt hath engaged himself, suffers evil 
* Sponde, noxa praesto est. ; but the immediate cause of his obligation is his promise. For, as he who is become surety for a Buyer, is not properly bound by the bargain, but by his promise: so also he who is bound for a delinquent, is not held by the delinquency, but by his engagement. And hence it is, that the evil to be born by him receives its measure, not from the fault of the other, but from the power which himself had in promising. Consequent whereunto is this, that (according to the opinion which we believe to be the truer) no man can, by his becoming surety, lose his life: because we determine, No man hath such right over his own life, that he can take it from himself, or engage it to be taken away by another: though the ancient Romans and Greeks were of another mind in this matter: and therefore thought sureties were bound 
* This is plain by the words of Reuben to Jacob, Gen. 42. 37. and in Josephus 2. Antiq. c. 3. Hos va●●s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 anima vicarios vocat E●ropius Caligulâ. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 sponsores Diodorus Siculus in excerp. Peir●sianis. Chrysost. a● Gal. ●. Sicut homine aliquo ad mortem damnato, innocens alter pro ill● se morti devovens illum supplicio liberat. Augustin. epist. 54. ad Macedonium: Et aliquando qui causa fuit mortis potius in culpa est, quam ille qui occidit. Velut fi quispiam decipiat fide●ussorem suum, atque ille pro isto legitimum supplicium luat.  over to capital judgement, (as it is in a verse of Ausonius, and appears by the famous history of Damon and Pythias;) and also often put Hostages to death, as we will relate elsewhere. What we have said of life, aught to be understood of members too; for, a man hath not right over them, but for preservation of the body. Now, if exile, if loss of money were in the promise, and by the others fault the forfeiture was made, the surety shall bear the loss, which yet in him, to speak exactly, will not be a punishment. The like is also in that right which one hath depending upon the will of another, as the right of that which is precarious, respect being had to the dominion of the things; and the right of private men, respect being had to the eminent dominion, which the Commonwealth hath for the public good. For, if some such be taken from one by occasion of another's fault, punishment is not properly therein, but execution of an antecedent right in the Taker. So, because Beasts are not properly guilty of a fault, when a beast is put to death (as in the Law 
* De qua vide Maimonidem directore dubitantium 3. 40.  of Moses, for copulation with man) that is not truly punishment, but the use of man's dominion over the beast.   

CXII. None is justly punished (in propriety of speech) for another's fault.  
THese distinctions premised, we shall say, None free from the fault can be punished for the fault of another. The true reason whereof is not, that alleged by Paulus the Lawyer, that punishments are constituted for the amendment of men (for, it seems, an example may be given, without the person of the offender, yet in that person that is near him, as shall be said presently;) but because obligation to punishment ariseth from merit; and merit is personal, having its original from the will, than which nothing is more ours, whence it is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hierom saith, Neither are the virtues, 
Epist. 3. in morte Nepot.  nor the vices of parents imputed to their children. Augustin: God himself should be unjust, if he should condemn any 
Epist. 105.  one guiltless. Dion Chrysostom, when he had said, the posterity of Transgressor's were accursed by the Athenian sanction added to Solon's Laws, concerning God's Law addeth; This doth not, like that, punish the children and posterity of offenders: but every one is the author of his own calamity. Pertinent is the Proverb, Noxa caput sequitur: and that saying of the Christian Emperors, Punishment must remain there, where the fault is; and, Let sins light only upon their 
L. Sancimus. c. de poenis.  authors, and the fear go no farther than the offence, Philo 
* Lib. 2. the leg. special. Idem lib. de piet. Haud scio an possit ullum pejus induci institutum, quam si nic malos è bonis genitos sequetur poena, nec honos hahebitur bonis qui ex malis parentibus nati sunt. Aliter lex quae de suis actionibus quemque judicat, non ex cognatorum virtutibus laudat, aut ex cor●…dem vitiis punit.  saith, It is just, that the punishments should rest; where the sins do, reprehending the custom of some Nations, that put to death the innocent Children of Tyrants or Traitors 
† Josephus calls such a fact of Alexander King of the Jews, exaction of punishment more than belongs to man. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . Which custom Dionysius Halicarnassensis reprehendeth also, and shows the iniquity of the reason pretended, viz. That children will be like their parents: for that is uncertain, and an uncertain fear ought not to be sufficient for the death of any. There was one so bold as to dictate this to Arcadius a Christian Emperor, that the children, in whom the examples of their Father's crime are feared, should be involved in the father's punishment; and 
* Lib. 2. 8. Victoria de jure bell. n. 38. Graet. Prov. He's a fool that kills the father, and spares the ●…hild.  Ammianus relates how the Issue was slain, being but very young, lest it should grow up after the parent's pattern. Neither is fear of revenge * a more just cause. Nothing is more unjust, saith Seneca 
† Sen. lib. 9 de ira. c. 4. , than that one should inherit his father's hatred. Pausanias, the General of the Greeks, touched not the children of Attaginus 
* Herod. Call. , author of the Thebans desection to the Medes; These, saith he, had no finger in the plot. M. Antonius in a letter to the senate: Ye shall pardon the son in law and wife of 
L. quisquis. c: add t. Jul. Majest.  Avidius Cassius (he had conspired against him:) And why do I say pardon, when they have done nothing? God indeed, in the Law given to the Hebrews, threatens, he will punish the iniquity of the fathers upon the children; But He hath a most full right of dominion, as over our goods, 〈◊〉 over our lives too, being his gift, which without any cause, and at any time, he can take away from any one at his pleasure. Wherefore if, by an immature and violent death, he cut off the children of Achan, Saul, Jeroboam, Ahab; upon 
2 Sam. 21. 1 Reg. 14. 2 Reg. 8.  them he uses the right of dominion, not of punishment 
* So Rabbi Simeon Barsema, very truly. ; and, by the same act, punisheth the parents in a more grievous manner. For, whether they survive (which the Divine Law had very much respect unto, and therefore extendeth not those threats beyond the children of the third and fourth Generation, Exod. 20. because a man's Age may be lengthen●… to a sight of them; and it is certain, the parents are punished with such a specta●…, yea, it is more grievous to them, 
* So Chrysostom obseves, and with him consentech Plutarch, saying. There is no sorer punishment, than to see those, which had their being from us, to be miserable by our fault.  th●… what they bear in their own persons:) 〈◊〉 whether they do not live so long, yet 〈◊〉 die in that fear is no small punishm●… The hardness of the people, saith Te●…lian, brought in a necessity of such re●…dies, that in contemplation of their post●…ty 
† Alexander apud Curtium. 〈◊〉 7. Non oportebat vos scire quid de his statuissem, quo tristiores periretis.  they might frame themselves 〈◊〉 bedience. But withal we must note, G●… doth not use this more heavy vengeance except against offences committed p●…perly to his own dishonour, as false 〈◊〉 ships, perjury, sacrilege. Nor did 〈◊〉 Greeks think otherwise; For, the crimes which were supposed to make their posterity obnoxious (which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
* Vide Plutarchum Pericle. ) are all of that sort; upon which argument, Plutarch discourseth eloquently, in his book of the late Revenge of God. Aelian 
* Lib. 3. 43.  hath an Oracle of Delphi to this effect:  
Inevitable Vengeance from above  
Falls on the wicked, though allied to Jove;  
Still imminent it is o'er them and theirs,  
Successively entailed upon their Heirs.  
It is spoken there of sacrilege 
† As libanius also saith, some of them had been punished, others not yet, but they shall not escape, neither themselves, nor their children. He saith the like in another Oration set forth by Gothofred. ; and it ●…s confirmed by the history of the Tholo●…ane gold in Strabo and Gellius. Like sen●…ences we had afore of perjury. But to proceed, though God hath threatened ●…hus, yet doth he not always use that ●…ight, especially if some eminent virtue 
* And a public detestation of the father's crime, like that of Andronicus Palaeologus the Emperor, in Gregoras, lib. 5. c 81.  ●…hine forth in the Children, as we may ●…e, Ezech. 18. and is proved by some ●…xamples in the now-cited place of Plu●…arch. And, sith in the new Covenant ●…ore openly than in the old, are decla●…ed the punishments, which remain for ●…e wicked after this life; therefore in that Covenant is there no commination 
† Tertull. de Men: Desivit uva acerba à patribus manducata dentes filiorum obstupefacere: unusquisque enim in suo delicto morietur.  ex●…ant exceeding the persons of the Trans●…ressors; to which purpose, though less ●…lainly, is that foresaid passage of Eze●…iel. Now for Men, they may not imitate that vengeance of God: nor is the reason alike: because, as we have said, God, without intuition of the fault hath right over the life; men have not, but upsome great crime, and such as is the persons own. Wherefore, that same Divine 
Deut. 24. 16.  Law, as it forbids parents to be put to death for their children, so forbids children to be put to death for the deeds of their parents. Which Law pious 
* Amaziah for example. Joseph. lib. 2. Philo de leg. sp. lib. 2. ●…soc. Busir. Dionys. lib. 8.  Kings, as we read, have fo●…lowed, even in the case of Treason; and the same Law is very much praised by Josephus and Philo, as a like Egyptian Law by Isocrates, and a Roman Law by Dionysius Halicarnassensis 
† Who saith, that custom was proper to the Romans, to free the children from all punishment, whose parents were delinquents. The same is in a Law of the Wisigoths l. 6. tit. 1. c. 8. . Plato hath a saying, which Callistratus the Lawyer expresseth in this sense, 
† L. Crimen. D. de poenis.  The crime or punishment of the father can instict no blot upon the son. He adds the cause. For every one bears that lot, which his own doings have drawn for him; nor is he made successor of another's crime. Cicero saith 
* Lib. 4. de nat. Deorum. ; Would any Commonwealth endure that Lawgiver, by whose Ordinance the son or grandchild is condemned, if the Father or Grandfather be a Delinquent? Hence it is, that, to p●… to death a woman with child, was accounted a wicked thing, in the Laws 〈◊〉 the Egyptians, Greeks, and Romans 
† Philo commends these Laws in his book of Humanity. L. Imperator Adrianus. D. de s●…atu hominum. L. praegnantis. D. de poenis.  Moreover, if those human Laws be unjust, which do slay the children for t●… parents offences, more unjust surely 〈◊〉 the Law of the Persians and Macedorans, devoting also and destroying the lives of kinsmen 
* Philo said, it was the manner of tyrants, together with the condemned, to destroy five famimilies of neere●… relation. See Herodian. lib. 3. and the example at Milan, when Galeatius was slain, in Bezarus, lib. 14. , to the end the offenders against the King might fall the more sadly, as Curtius speaks: a Law, saith Ammianus Macellinus 
* He calls it an abominable Law. Vide & Concil. Tolet. 4. , that excelled all the Laws in the world, in cruelty. Notwithstanding all this, it is to be noted, if children of traitors have any thing, or can expect any thing, to which they have no proper right, but the right is in the people or King, that may be taken from them by a certain right of dominion, the use whereof, yet, may redound to the punishment of those that have offended. Hither is to be referred that of Plutarch, touching the Children of Antiphanes a traitor, that they were kept back from honours 
* Simile reperies in C. in quibusdam de poenis. , as at Rome the children of those that were proscribed by Silvius. So, in the foresaid Law of Arcadius, that is tolerable for the children; Let them not be advanced to any honour, nor to any offices. What we have said of punishing children for their parents faults, may be applied also to a people truly subject (for a people not subject, through their own fault, that is, for their negligence may be punished, as we have said:) if it be enquired, whether that people may suffer for the evil deed of their King, or Governor. We do not mean, if the people's consent be added 
† Philo of the subjects of the King of Egypt in Abraham's time, saith, All his family were partakers of the pain, because none was displeased at the unjust act, but all by approbation were partakers of it. Josephus, where he relates the prophecy uttered against seroboam, addeth, The people shall be punished too, and be expelled out of that happy land, and exiled beyond Euphrates, for accompanying the King in his impiety. , or any deed of theirs by itself worthy of punishment, but we speak of that contract, which springeth from the nature of that Body, whose Head is the King, and members were the rest. God indeed, for David's sin, destroyed the people with pestilence, and truly (as David thought) being innocent; but, it was God, who had most full and absolute right over their lives. Mean while, the punishment was not the peoples, but David's; for, as a Christian writer saith, It is the most bitter punishment to Kings 
Quaest add orth. 133.  that do amiss, to see their people suffer. This is all one, saith the same Author, as if he, that hath done ill with the hand, should be Beaten on the back. So Plutarch, in the like argument, compares it to a physician's method, in curing one part, to open a vein in another. Why men may not do so, we have said afore. The same is to be concluded of punishing particulars (in things proper to them) that have not consented, for the offence of the Society. And lastly, the cause why an Heir being liable to other debts, is not liable to the punishment 
† Paul. IC. L. si poena. D. de poenis. Si poena alicui irrogatur, receptum est commentitio jure, ne ad haeredes transeat.  of the deceased, is, for that the Heir bears the pers●… of the deceased, not in respect of me●… which are merely personal, but of goods 
* Cic. 2. the legib. Nulla est persona quae ad vicem ejus qui è vita emigrav●… p●… pius accedat quam haeres.  which are engaged. Dion Prusaeensis: What the Ancestors owed, their posterity must pay: for they have not refused the Inheritance.   

CV. OF UNJUST CAUSES. Causes of War, some are justifick, others suasory.  
POlybius, who first noted the difference, 
Cap. 22. Lib. 2. cap. 1. Vide supra num. I. hujus part.  calls the former 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Pretences, because they are wont openly to be showed (Livy several times useth the word Title;) the later he styleth by the general name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Causes 
† Sic & Plutarch distinguit in Galba, & Dion in rebus Caesaris & Pompeii: & Polybius, ubi de Romanorum bello in Illyrios agit, excerpto legationum 126. Cum Suetonio, recte illas praetextum, has causas dixeris. Ita enim ille de Julio Caesare: Et praetextum quidem illi civilium armo. 'em hoc fuit: causas autem alias fuisse opinantur. Thucydides alihi distinguit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ut in A●…heniensium motu adversus Siciliam, praetextum fuit opitulari Egestanis, res ipsa cupiditas Siciliae sibi acquirendae. Hermocrates in oratione, de Atheniensibus loquens, illud 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 praetextum vocat, hoc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 propositum. utrumque est in libro Thucydidis 6. Appianus etiam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocem usur pat in Mithridatico. Idem Civilium 5. ubi de rupta pace inter Octavium & Sextum? ompeium agit, dicit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 causas alia●… in●…us fuisse, alias quae praeserebantur. Agathias libro 5. id quod alii 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, vocat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, figmentum & obtentum, cui oppo●…it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in historia Hunui Zanurganis. Procopins Persic. 2. dicit ftultum esse non libere loqui, ubi dux est justitia, comes 〈◊〉.  So, in the war of Alexander against Darius, the Pretence was Revenge of Injuries which the Persians had done the Grecians, the Cause was desire of Glory, Empire, and Riches: whereto was added great Hope of facility conceived from the expeditions of Xenophon and Agesilaus. So, the pretence of the second Punic war was 
Lib. 1.  the Controversy about Saguntum, the cause was the indignation of the Carthaginians for the Agreements, which the Romans in unequal times had extorted from them, and their courage raised by the prosperity of their affairs in Spain, noted by Polybius, Likewise, Thucydides judgeth the true cause of the Peloponnesian war to have been the Athenians growing Greatness, which brought them into suspicion with the Lacedæmonians; but the pretence was the controversy of the Corcyreans, Polideans and other things: where yet, be promiscuously useth the terms, 
* Sic & libro 5. de Argivis contra Epidaurios agens, quam prius vocaverat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mox vocat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Quomodo & Graecum, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Latinum Principiorum vocem, aliasque ejus generis, esse sensus ambigui notavimus. Scrip tores Constantinopolitani Imperii id quod alii 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, saepe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocan, nimi●…um ex Achillis historia, qui ad resumenda arma ex Patroclo sumsit materiam. Livius lib. 7. Lib. 36.  pretence and cause. There is the same difference in the Oration of the Campanians to the Romans, when they say they fought against the Samnites, in word for the Sidicines, in deed for themselves; because they perceived, when the Sidicines were consumed, the fire would pass on to them. And Livy relateth, how Antiochus took arms against the Romans, in show, for the death of Barcilla, and some other matters; is truth, because he had great hope of success by reason of the decayed discipline of the Romans. So Plutarch observeth, it was not truly objected to Antony by Cicero, that He was the cause of the Civil war, when Caesar, resolved upon a war, had only taken the pretext from Antony 
† Haec quidem praetexto opus habent; spec●…em aliquam & deco●…um titulum bellandi dedere Verba sunt in hac historia Plutarchi. Lucan's autem:— Cunctasque Pudoris Rumpunt fat a moras. Justos Fortuna laborat Esse ducis motus, & causas invenit armis.    

CVI Wars without any cause are wild and brutish.  
SOme, upon neither of these causes, are carried into wars, greedy of dangers, as Tacitus speaks, for danger's sake. The faults of these men exceed every human 
Tacit. Periculorum, propter ipsa avidi. De Alanis Ammianus, lib. 31. Ut hominibus quietis & placidis otium est voluptabile, ita illos pericula juvant & bella.  name, and is by Aristotle termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, serity. Of these, Seneca: I may say, it is not cruelty but freity, which takes pleasure in blood: we may call it madness; whereof there be sundry sorts, and none more evident than that which runneth to the slaughter of men, and cutting them to pieces. To which sentence, very like are those words of 
* Ultimo Nicbo. mach. Orat. 37. Epist. 4.  Aristotle: Very cruel indeed is he to be accounted, who 
Lib. 2. de Clem. cap. 7. Idem l. 2. de Irac. 5. de Apollodero locutus & Phalaride: Haec non est ira, feritas est.  makes his friends his enemies, out of greediness to fight and shed blood. Dion Prusaeensis: Without cause to be carried into wars and fights, is mere madness, that seeks mischief to itself. And the forecited Seneca saith, No man is so inhuman, as to waste human blood, or very few.   

CVII. Against wars, which have not justisick causes, or not truly such.  
BUt the greatest part of those that go to war have suasory causes, and those, either without justifick causes, or with them. Some care not at all for justisick causes: of whom that may be said, which is in the Roman Lawyers, He is a Robber 
* L. pro haerede. sect. ult. & seq. leg. D. de haered petit Talis Herulorum in Longobardoes, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, bellum sine praetexiu. , who being asked of the cause of possessing, brings no other, but that he doth possess. Aristotle, of those that persuade to war: Men, that oftentimes regard not at all, whether it be just or no, to subdue their harmless neighbours. Such a one 
† Talis Silio Annibal, cui— pro faedere, proque Justitia est ensis. Talis Attila, & quibus illud in ore est, Quaeritur belli exitus, Non causa. Et: Haec acies victum factura nocentem est. Et: In sumnia foe tuna, id aequius quod validius.  was Brennus, who said, Let the strongest 
* Galli apud Livium 5. in armis ●…e jus far, & omnia fortiu●… virorum est. Lib. 4. de Civi●…. Dei c. 6 De ●…alib. bellis Velleius: Bella non causis inita, sed prour eorum me ces suit.  take all. Such a one was Annibal in Silius, Whose right was his sword. Such also was Attila; and such are all, that use these words:  
No matter how the war begins,  
If we can bring it to our ends.  
To these men, you may fitly apply that of Augustin: To wage war against the nearest, and thence march on to others, and out of a desire of rule to conquer Nation●… that provoke you not, what is it to be named, but Great Robbery? In Cicero 
* Offic. 1.  we read: The height of mind, which is discovered in dangers and labours, if it want justice, is so far from virtue, that 'tis rather immanity 
† Agathias lib. 2. Qui vero aut lucri causa aut caeco odio, nullam habentes justam querelam, alienas terras inva ●…unt, innoxiis noxii, high homines sunt & superbi & improbi. Exemplum nobis dat illustre Menander Protector: Bajanus Avarorum Chaganus, nulla occasione aut obtentu, ne conatu●… quidem causam vel falsam contra Romanos Comminisci, inverecunde planeque barbarum in morem exuit pacta. , and an enemy to all humanity. Andronicus Rhodius; Who, for to gain much, receive whence they ought not, these are called evil, impious and unjust; such as are tyrants 
* Bene Philo ad Decalogum: Qui vero furum vires nacti sunt, high totas praedantur urbes, paenarum securi, quod supra leges eminere videantur. Tales sunt homines ingenio minime civili, dominatuum & potentatus avidi, magna surta committentes, qui puleris nominibus magistratuum & imperiorum id obtegunt quod verius latrocinium appelletur. , and the Plunderers of Cities. Others do allege causes, as it were, justifick; which being weighed in the scale of right reason are found unjust: and it appears, as Livy speaks, not a contention about right, but an offer of violence. Many Kings, saith 
* Pyrrho.  Plutarch, use the two names of Peace and war, not to that which is just, but to that which is expedient.   

CVIII. Fear of an uncertain danger no just cause of war.  
AMong the unjust causes of war is fear taken from neighbouring power. Which fear, we have said above, is not sufficient. For, that Defense may be just, it ought to be necessary: it is not so, unless we be sure, not only of the power of a neighbour, but of his will: sure, by that certainty, which hath place in matter of morality. Wherefore, their opinion is not to be allowed, who make it a just cause of war, if a neighbour, hindered by no agreement, build a Castle on his own ground, or some other fortification, which may sometime do us hurt. For, against such fears contrary fortifications in our land, and the like remedies, not warly forces, are to be provided. Unjust therefore were the wars of the Romans upon Philip of Macedonia, 
Zonara's Pausan. lib. 1.  of Lysimachus upon Dèmetrius, unless there were some other cause. I am very much pleased with that in Tacitus, of the Cauchi: A people among the Germane most noble, who maintain their Greatness by their Justice; without couttousness, without impotency; quiet and secret: They never provoke their neighbours to war, never make inroads upon others, ●…r depopulations: And this is a principal argument of their valour and might, that they attain not their superiority by being injurious: yet are they all ready for war, and if need be, they have an Army present: Great store of Foot and Horse: and famous, even in times of peace 
† Tac'tus de Cauchis: Populus inter Germanos nobilissimus, quique magnitudinem suam malit justitia ●…ol, s●… cupiditate, sive impotentia: quieti, secretique nulla provocant bell●…; 〈◊〉 raptibus aut latrociniis populantur: idque praecipuum virtutis ac 〈◊〉 argumentum est, quod, ut superiores agant, non per injurias assequ●…tur; promta tamen omnibus arma, ac, sires poscat, exercitus; pl●…imum viro ●…m equcrumque, & quiescentibus eadem fama.    

CIX. Of some other unjust causes.  
NEither doth Utility make equal right with necessity. So, where other wives enough are to be had, the denial of some Match cannot give cause of war; which yet Hercules took against Euritus, Darius against the Scythians 
† Et Antonius Caracalla in Attabanum Parthorum Regem. Vide Xiphilinum. Hist. 4.  Nor is the Desire of a people to change their seat, a just cause of war, that leaving moorish & desert Land, they may possess a more fruitful soil: which was the case of the old Germans, as Tacitus relates. No less unjust it is, to challenge by the title of a new found Land, what is held by another; though he that holds it be wicked, think amiss of God, or be of a dull wit. For, Invention is of those things that belong 
Vict. de Ind. rel. 1. n. 31.  to none; neither is moral virtue, or religious, or perfection of understanding required to dominion. This indeed seemeth probable, if there be any people altogether destitute of the use of reason, such have no dominion, but out of charity only is due unto them what is necessary for life. For, what is said of the support 
Vict. de bello. n. 5, 6, 7, 8. Idem. l. 2. n. 18. Plato de repub. l. 2. c. 3. Euripid. Hecuba. Liv. l. 31. Isocrat. Panath.  of Dominion in behalf of infants and madmen by the Law of Nations, pertains to those nations, with whom there is commerce of Covenants. Such are not they that are wholly mad, if there be any such, of which I do justly doubt. Unjustly therefore did the Grecians call the Barbarians enemies to themselves, as it were naturally, by reason of their diversity of manners, and haply because they seemed inferior in wit. Yet, for some grievous sins, and such as oppugn naturè and human society, we deny not but dominion may be taken away. Moreover, Liberty 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , whether of single persons, or of Commonwealths, as if it did naturally and always agree to all, cannot yield a right to war 
† Vide Concil. 4. Toletanum. Agrippa rex apud Josephum in oratione ad Judaeos, qui ex praepostero repetitae libertatis sludio Zelotae dicti sunt, sie ait: Intempestivum est nunc libertatem concupiscere. Olim ne ea amitteretur certatum oportuit. Nam servitutis periculum facere durum est, & ne id subeatur honesta certatio. At qui semel subactus deficit, non libertatis amans dicendus est, sed servus contumax. Atque ipse Josephus ad eosdem: Honestum quidem est pugnare pro libertate, sed id olim factum oportuit. At qui victi semel sunt, & longo tempore pa●…uerint, si jugum excutiant, saciunt quod desperatorum hominum est, non quod libertatem amantium. Eadem ferme verba reperies in oratione Comit●… Blanderatensis ad Mediolanenses apud Radevicum 1. cap. 40. . For, when liberty is said to agree by nature to a man or people, that is to be understood of the right of Nature preceding all human fact, in this sense 
* Intelligendum de libertate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, non de ea quae est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Seneca, 3. Contr. 21. , that one is not a servant by nature, not that he hath a right never to become a servant; for in this sense no man is free. Here is pertinent that of Albutius: No man is born free, no man is born a servant: these names were imposed afterward upon every one by fortune. And that of 
* 1 Polit.  Aristotle: It is the effect of Law, that one is free, another serve●…. Wherefore they that upon lawful cause are come into servitude, whether personal or civil, aught to be content with their condition, as also Paul the Apostle teacheth, Art thou called to servitude? Let it not vex thee. 
1 Cor. 7. 21.  Farther, it is unjust, to subdue by arms any, as if they were worthy to serve, whom Philosophers sometimes call naturally servants. For, suppose a thing be profitable for one, it doth not therefore presently follow, that 'tis lawful for me to force it on him. For, they that have the use of reason, aught to have a free election of things profitable and unprofitable, unless another have gotten some right over them. The case of Infants is quite otherwise, whose government, seeing they have not power 
* Jus exercendae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Vict. de Ind. n. 24. Ayala de ju. btlli. lib. 1. Covar. c. peccatum p. 2. sect. 9 n. 5. etc. Ad leg. Hosts D. de captain. l. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. adl. Rhod.  to moderate their own actions, nature committeth to the occupant, or some fit person.   

CX. Of the Title of universal Emperor.  
I Would scarce add, that it is an unwise title which some attribute to the Roman Emperor, as if he had a right of commanding over nations most remote and hitherto unknown; unless Bartolus, long accounted the Prince of Lawyers, had ventured to pronounce him an heretic that denies it; forsooth, because the Emperor sometime styles himself Lord of the world 
† ut in conc. Chalcedon. Act. 11. & 12. ; and because, in Scripture, that Empire, which later Writers call Romania 
* Ut & Athasius ad Solitarios. Id vix sexta pars erat mundi tunc cogniti. , is called by name of the word, 
† Philo de legatione; De pluribus utilissimisque orbus partibus loquor, quas & eminenter aliquis orbem appellet, definitum amnibus duobus Euphrate & Rheno,  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. So is that of the Poet, The Roman Conqueror held all the world, and many like sayings, spoken by way of excess or excellence. And in the same Holy Scripture, Judaea alone comes oft under the title of the world 
* Hieronym. Nomen terrae etiam cum additur particula omnis, restringi debit ad eam regionem de qua sermo est. : in which sense is to be taken that old saying of the Jews, that the City of Jerusalem is seated in the midst of the earth, i. e. of 
† Discas hoc ex Jos. lib. 3. de bello Jud. Luc. 2. 1. Arist. 7. Polit. 4.  Judea: as in the midst of Graecia Delphi, likewise called the navel of the world. Nor ought any one be moved with Dante's arguments whereby he endeavours to prove, the Emperor hath such a right, because it is expedient for mankind. For the commodities hereof are equalled with incommodities. And as a ship may be made of such a greatness which cannot be governed; so may the number of men and distance of places be so great, that it cannot admit the government of one. But, grant it is 
Silu. verbo Bellum. p. 1. n. 21. Covar. loco citato n. 9  expedient, there follows not a right of Empire, which ariseth not but but either from consent, or punishment. Nay, the Roman Emperor now hath not right over all that of old pertained to the people of Rome. For, many things, as gotten by war, so were lost by war; some by covenant, and some by dereliction passed into the right of other nations or Kings 
† Exemplum sum in Hispania, de qua vide Gomerium in sect. fuerat num. 5. de actioni●….  Again, some Cities fully subdued once, afterward became subject only in part, of only confederate unequally. All these ways, either of losing or changing right, are or force, no less against the Roman Emperor, than any other.   

CXI. Of the Empire of the Church.  
THere have been also, who would assert, 
Vict. de Ind. rel. 21. & seq. Ayala l. 1. n. 29.  the Church hath right over the Nations of the hitherto unknown part of the earth: when yet the Apostle Paul himself hath openly pronounced, He had 
1 Cor. 5. 12.  no power to judge those that are without. And whatsoever right of judging belonged to the Apostles, though it pertained also, in its way, to earthly things, yet was it of a heavenly (that I may so speak) not of an earthly quality; to be exercised, not by the sword and scourge, but by the Word of God generally proposed, and applied to peculiar circumstances, by the exhibition of the seals of divine grace, or the denial of them, as it was for the good of every one: and lastly by vengeance, not natural, but above nature, and therefore proceeding from God; such as appeared in Ananias, Elymas, Hymenaeus ●…nd others. Christ himself, the spring of ●…ll Ecclesiastical power, and whose life is ●…he exemplar proposed to the Church, as ●…uch, said, his Kingdom was not of this world, that is, not of such a nature as o●…her 
Jo. 18. 36. Matth. 26. 53. Vid. Petr. Dam. l. 4. epist. 9 & Bern. ep. 221.  Kingdoms: adding, otherwise after the manner of other Kings he would use the service of soldiers. But now, although he had desired Legions, he would have ●…alled for, not those of men, but of Angels. And whatsoever he did by right of his power, he did it not by human but divine virtue, even then when he cast the buyers and sellers out of the Temple. For, the scourge was not an instrument, but a sign of divine anger; as at other time spittle and oil a sign healing 
* Abulensis on Matth. 9 well explains this. , not a medicine. Augustin upon that place of John: Harken ye Jews and Gentiles, Circumcision and uncircumcision; Herkin all ye Kingdoms of the earth: I hinder not your domination in this world 
† Hilarius Arelatensis. For Christ came not to invade another's glory, but to impart his own: not to take an earthly Kingdom, but to bestow an heavenly. 1. Tim. 3. 2. . My Kingdomn is not of this world: Do not ye fear most vainly, as Herod the Great feared, when he heard of the birth of Christ, and slew so many Infants, hoping to destroy him, being more cruel in his fear than in his anger. My Kingdom, saith he, is not of this world. What would you more? Come unto the Kingdom, which is not of this world. Come by believing, and do not rage by fearing. Paul, among other things, forbids a Bishop to be a striker. To rule by a necessity imposed, i. e. which proceeded from human force, is the part of King's n●… of Bishops, said Chrysostom 
† Act. Apost. hom. 3. epist. ad Tit. hom. 1. ep. 1. ad Thess. hom. 4. . And 〈◊〉 
† De sacerdot. lib. 2. Christians are not permitted to chastise, by force, the faults of the guilty. Secular Judges, awing evil-doers by the●… Laws, exercise power over them, and constrain them to obed●…ence even against their will: But we must endeavour to ref●… men, not by compulsion but persuasion. Neither do the Laws 〈◊〉 low us power of coercion; and if they did, how should we use 〈◊〉 seeing God doth not crown those that abstain from evil necess●…ly, but willingly? Wherefore, we must take pains to pers●… sick souls to yield themselves of their own accord to be ●…ured 〈◊〉 us. A little after. He that erreth, from the faith, cannot be drawn unto it by force, nor compelled by fear. And upon Ephes. 4. We are appointed to teach men, not to command, not to exercise a coercive power. We are like Counsellors, who advise the hearer, not force him, but leave him his free choice. Ambros. l. 2. de Cain, & Abel. 4. Sacerdos quidem officium suum exhibet, at nullius potestatis jura exercet. Citatur c. verbum. de poenit. dist. 1.  where, We have not power granted us to restrain men from offences by authority of our sentence: i. e. such as contains in it a powerful execution by a ruling or military hand, or a deprivation of any human right whatsoever 
* Ad reges enim, non ad Ecclesiam pertinet judicare de feudis, c. novit. de judiciis: de seudis: de possessionibus, c. causam quae inter. qui filii sint legitime. Reges enim superiorem in temporalibus minime recognoscunt, c. per venerabilem. eod. tit. Christus voluit ut Christiani Impp. pro vita aeterna pontificib. indigerent, & Pontifices pro cursu temporalium rerum Imperialibus legibus uterentur; quatenus spiritalis actio à carnalibus distaret incursibus, & Deo m●…litans minime secularibus negoti●… se implicaret. C. quoniam distinct 10. etc. . Hence it sufficient appears, that Bishops, as such, have no right to reign over men after a human way. Hierom 
† Hieron. in epitaph. Nepotiani. Minus licet Episcopo quam Regi. Ille enim nolentibus praeast, hic volentibus. Ille terrori subjicit, hic servi●…utl donatur. Cassiod. lib. 11. in epist. ad Episcopos: Episcopus doceat, ne Judex possit invenire quod puniat. Fredericus primus apud Guntherum Ligurino de pontifice: 
Ecclesiam regat ille suam, divinaque jura  
Temperet: imperium nobis fascesque relinquat.  Suennonem Daniae regem excommunicatum cum Roschildensis Episcopus Wilhelmus ab ingressu Ecclesiae oppositu baculi pastoralis arceret, & regii capulis admoverent manum, fecit quad Episcopicrat, & cervicem porrexit. , comparing a King and Bishop together, saith, The one rules the unwilling, the other the willing. But, whether Kings themselves may wage war, in the way of punishment, against those that reject Christian Religion, is above inquired.   

CXII. Of a desire to fulfil Prophecies.  
THis also I will add (not in vain, bu●… because comparing new occurrences with old, I foresee much mischief, except care be taken:) that war is not justly grounded upon a hope conceived out of some exposition of Divine Prophecies 
† Vide de Theodoro quodam Gratiani tempore Zozimum & Ammianum Marcellinum: de Joanne Capadoce Procopium Persicorum 2. & Leunclavium Hist. Turc. l. 18. , For, beside that Oracles not yet fulfilled can hardly be interpreted with any certainty without a prophetical spirit 
* For the Prophetical books are shut and sealed up till the appointed time, so that they cannot be understood, Dan. 12. 4, 8, 9 Hierom 〈◊〉 Daniel; If a Prophet heard and did not understand, what 〈◊〉 they do, who, by presumption of mind, interpretet a book seied and very obscure until the ●…ime of consummation. Procopius 〈◊〉 the 2. of his Gotthicks; I think it impossible for man to find 〈◊〉 the sense of the Sibylline Oracles before they are fulfilled. G●… ras in his 5. book; As other predictions are most hard to be interpreted, because they have many perplexicies, and aomit serv●… ral explications: so also this Oracle deceived all, even the Emperor himself, as long as he lived. But after his death, the Or●… explained itself. Take heed to yourselves, ye overbold Dvines: Take liced of overbold divines, ye Statesmen. Word is that place to be seen in Thuanus. lib. 79. in An. 1583. concerning Jacobus Brocardus. , the times even of things certain may be hid from us. And moreover, a prediction, without express command of God, giveth no right: for, by wicked men, or unjust actions, God doth ofttimes permit the things he hath foretold to come to pass.   

CXIII. Of that which is due, not by strict justice, but otherwise.  
ANd this is also to be known, if one owe a thing, not by proper justice, but by another virtue, as liberality, favour, mercy, charity; that, as it cannot be required in the Court, so neither can it be demanded by arms. For to both of these ways it is not sufficient, that the thing required aught to be done by some moral reason, but moreover it is needful there be in us a certain right unto it: which right sometimes divine and human Laws do give also about the deuce of other virtues, and then a new kind of debt ariseth pertaining unto Justice. But when that is wanting, war upon this cause is unjust; as, that of the Romans upon the King of Cyprus for his ingratitude. For, he that hath given a benefit, hath no right to exact a recompense; otherwise, it were not a benefit, but a contract.   

CXIV. A distinction of war, unjust in respect of the cause, or of some accident.  
ONe thing more is to be noted, It often 
Vict. de jure belli n. 2.  falls out, that a war may have a just cause, and yet the action receive some stain from the mind of the doer: either for that some other thing, not unlawful by itself, doth more the mind than the right; (to wit, desire of honour 
* Which vice especially flatters us with a show of virtue; but S. Augustin well adviseth, saying, It is better undergo the shame of any cowardice, than seek the glory of such arms: Lib. 3. de Civit. Dei c. 14. , or some profit, whether private or public, which is expected from the war considered apart from its justifick cause:) or else, for that an affection plainly unlawful is with him, as the joy of one pleasing himself in another's evil without respect of good. So Aristides in his second De societate saith, the Phocenses perished deservedly, but Philip did not well when he destroyed them, not being studious of religion which he pretended, but ambitious to enlarge his Empire. Profound ambition and avarice, as Sallust speaks, is one cause of war, and that an old one. And Tacitus saith, Gold and Power are the principal causes of wars 
* Rupere soedus impius lucri furor, Et ira praeceps. Sen. Hippol. . Whither you may also refer that of S. Augustin 
† Contra Faust. l. 22. c. 74. ; Desire of hurting, Cruelty of revenging, an unpeaceable and unplacable mind, fierceness of rebelling, lust of domineering, and the like, these are the things that in wars are justly blamed. But these, where a just cause is not wanting, do indeed argue a crime, 
Tho. 2. 2. 74. 66. 8.  yet do they not make the war properly unjust; whereupon, neither is restitution due for the same.   

CXV. Of doubtful causes. Whence Doubts do arise in moral matters.  
IT is most true, which Aristotle hath 
1 Eth. N c. 1.  written, that there is not so much certitude in morals, as in the Mathematics: because, the Mathematics separate forms from all matters, and the forms, most part, are such, that they have nothing 
* In his mutatio sil 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in aliis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  interposed, as between strait and crooked there is no medium; But in morals, even the least circumstances vary the matter, and the forms here are wont to have something 
† Vide Chrysostomum ad 4. eph. 2. Morali.  between them, with such latitude, that the access is nearer sometimes to this extreme, sometimes to that. For so, 'twixt that which ought to be done, and that which ought not to be done, is interposed that which may be done, but is nearer, now to this, now to the other part: whence ambiguity ariseth often, as in the dusk air, or in warm water. And this is that which Aristotle saith, Oftentimes it is hard to judge, which is to 
3. N●…com.  be preferred. Andronicus Rhodius saith; It is to discern that which is truly just, from that which seemeth so.   

CXVI. Nothing is to be done against ones own judgement, though erring.  
THis is principally to be observed; that, although a thing be just in itself, b●… done by one, who having weighed all, thinks it unjust, the act in vicious, For, this is that which the Apostle S. Pa●… saith, 
* Rom. 14. 23. To the same purpose are these words in the same ch. Let every one be fully persuaded in his own mind. And, Happy is he who condemneth not himself in that which he alloweth. Ambrose saith, 'tis sin to do otherwise than ones judgement leadeth: and so Augustin: both cited by Gratian c. 28. q. 1. That of Plutarch in his Timolcon is of like sense: It is required, saith he, not only that the thing done be honest and just, but that it be done with a 〈◊〉 per suasion, and with judgement. De Offic. lib. 1.  Whatsoever is not of faith is for. Where faith signifies the mind's judgement about any matter. For, God ha●… given unto men a judging faculty, as a guide unto their actions, by contemp●… whereof the mind becomes brutish. Now, it often comes to pass, that the Judgement shows no certainty, but sticks; and 〈◊〉 this hesitation cannot be cleared by attended consideration, that if Cicero must be followed: Their precept is good, that serbid to do any thing, which you doubt 
* Plin. lib. 1●… epist 19 Quod dubitas, non feceris. Covar. tom. 1. de Matrim. 〈◊〉 2. c. 7. sect. 2. n. 9 , whether it be right or wrong. The Hebrew Masters say, Abstain from a doubtful matter. But this cannot have place where one must do one thing of the two and it is doubted of both, whether it b●… right; for then a man may choose the which seemeth to him the least evil. Fo●… that always, where the choice is ine●…table, puts on the appearance of good, O●… evils take the least, saith Aristotle: and 
Nicom. 2. c. 9 Cic. Offic. 3. De malis minima.  Cicero likewise: and Quintilian, The lighter evil obteins the place of good, when several evils are compared together.   

CXVI. How the Judgement in drawn either way.  
BUt, for the most part, in doubtful matters after some examination the mind sticks not in the midst, but is drawn this way, or that, by Arguments 
* Augustin in his third de Ordine, saith, There are two ways, which lead us through the dark, when things are obscure, the one of reason, the other of authority.  taken from the matter itself, or from the opinion a man hath of other men pronouncing sentence about it. For, here also is true that of Hesiod, It is most excellent to be able to direct oneself: next, to follow the good direction of another 
† Minutius in Livy lib. 22. borrowed this of Hesiod, saying, He is the first man, who can give Council, and show what is good; next is he, that obeys the good Council of another; He that can do neither is a man of an extreme bad temper. Cicero hath words of the same meaning in his Oration for A, Cluentius, Victor. de Ind. rel. 1. n. 12. & de jure bell. 21. & 24. Arist. 1. Top. c. 1. . Arguments from the matter are deduced from the causes, effects, and other adjuncts. But to the right discerning of these, there is need of 
Vasquez disput. 62. c. 3. n. 10.  some experience and skill; they that have not this, to conform their active judgement rightly, must hear the Counsils of wise men. For, those things, saith Aristotle, are probable, which seem so to all, or to most, or at least to wise men: and to these again, either all, or most, or the more excellent. And this way of judging is most used by Kings, who have not leisure themselves to enter into the depth of learning;  

* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  The company of wise men brings  
Learning and Wisdom unto Kings.  
Aristides saith, As in questions of fact that is accounted for truth, which is supported by most and most sufficient witnesses; so those sentences are to be followed, which are grounded upon most and most worthy authorities. Thus the old Romans entered into war, not without consulting the College of the Feciales instituted for that end; nor the Christian Emperors, scarce ever, without advising with the Bishops, that if any thing did hinder in point of Religion, they might be admonished of it.   

CXVIII. In doubtful cases, the safer way is to be taken. Three ways to avoid a doubtful war.  
NOw, it may fall out in many Controversies, that on either side probable arguments may show themselves, whether intrinsical to the matter, or from authority. In this case, if the matter be of small moment, the choice, which way soever it be, seemeth to be free from fault But, if it be a weighty question, as concerning the life and death of a man, here because of the great difference between the things to be chosen, the safer way is to be preferred 
* In istam partem potius peccato tamen. Ammianus: Lenitas acerbitati anteponenda. lib. 28. . Therefore, it is better to acquit the guilty than condemn the innocent. The writer of the problems that bear the name of Aristotle saith so 
* Prob. sect. 29. ubi pro 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, vulgo legitur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, & contra. Anti-phon. Si e●…randum est, sine jure absolvere, quam per injuriam condemnare est sanctius. Name in illo error est, in damnatione insontis facinus. , and adds the reason which we have already given: For, where one doubts, he must choose that part, wherein the offence is less. War is a thing of the greatest consequence, from which very many evils are wont to follow even upon the innocent: wherefore, when judgements differ, we must incline to 
† Laudator Silio Ital co Fabius: 
— Cauta speculator ment futuri,  
Nec laetus dubiis parvisque sacessare Martem.   peace. And, three ways there be to keep Controversies from breaking forth into war. The first is Conference. Being there are two kinds of discipation, saith Cicero, one by conference, the other by force; and that is proper to man, this to beasts: we must fly to the later, if we cannot use the former 
* De Offic. 1. Victor. de jure bell. n. 28. Terentius: 
Omnia prius experiri quam armis sapientem decet:  
Qui scis, an quae subeam sine vi faciat?  
Euripides. Verbi id impetrabo; sui nequeo, manu.  Dionys. Halicarn. in excerptis legationum; Non ante ad res veniendum est, quam tentata sit verborum via. Menelaus apud Libanium: Homini convenientius, prius verborum experimentum saccre, quam statim ad arma prosilive. . Phaneas in Livy saith; To avoid a necessity of war, men do willingly remit many things, which cannot be forced from them by arms 
† Donatus ad Eunuchum: Pervulgatum est enim, quod summa ●…i defenderis quum extorquetur, hoc idem postmodum remitti remittentis. . Mardonius in Herodot us blames the Grecians in this respect: Who being of one language should have determined their Controversies by Commissioners, and not by battle Coriolanus in Halicarnessensis: If one desire not another's, but seek his own, and upon denial make war, all men confess it to be just. In the same Halicarnessensis King Tullus: Arms must decide, what words are not able to compose. Vologeses in Tacitus: I had rather preserve my Ancestors possessions, by equity than blood, by a fair trial than by force. And King Theodoricus: 
Cass. 3. Var. 17.  Then only is it profitable to go to war, when Justice can find no place among our Adversaries. Another way to avoid war, among them that have no common Judge, is Compromise. It is not lawful, saith Thucydides, to invade him as injurious, who is ready to submit to an Arbitrator. So, concerning the Kingdom of Argos, Adrastus and Amphiaraus made Eriphyles their Judge, as Diodorus relates. Concerning Salamis, three Lacedæmonians were chosen judges between the Athenians and Megareans. In the now-cited Thucydides, the Corcyreans signify to the Corinthians their readiness to debate their quarrels before the cities of Peloponnesus, which they should agree upon. And Pericles is commended by Aristides, for his willingness to have differences arbitrated that war might be avoided. And Philip of 
Orat. advers. Ctesiphont.  Macedon is praised by Isocrates, for that he was ready to permit the Controversies he had with the Athenians to the arbitration of any impartial City. Plutarch saith, this was the principal office of the Feciales among the Romans, not to suffer things to come to a war, till all hope of obtaining a quiet end was lost. Strabo of the Druids of Gallia: They were, of old, arbitrators between enemies, and often pacified them when they were entering into battle. The Priests in Iberia performed the same 
Victor. de jure bell num. 28.  office, as the same Author testifies. Now, Christian Kings and Commonwealths 
† Gregor as lib. 10. de Alex. Bulgaro: It is uncomely for Christians to make such bitter wars against one another, when they may find a way of peace, and turn their arms against the Infidels. Molin. disput. 103. sect. quando inter.  are most of all bound to take this course to avoid war: for, if to avoid the sentences of Judges that were aliens from true Religion, certain Arbitrators were constituted both by Jews and Christians; and that is given in precept by Paul; how much more is the same to be done, that war, which is a far greater incommodity, may be avoided? So Tertullian somewhere argues, that a Christian must not follow the wars, to whom it is not lawful, so much as to go to Law. Which yet must be understood, (according to what we have said elsewhere) with some temperament. And, both for this and for other causes, it were profitable, yea in some sort necesary to be done, that some Assemblies of Christian powers were held, where the controversies of others might be determined by Judges that are unconcerned; yea, and a course taken to compel the parties 
* Vide exemplum apud Cassiodorum 3. 1, 2, 3, 4. & Gailium de pace pnb. 2. c. 18. n. 12.  to entertain peace upon equal terms; which use also was made of the Druids 
† To the Druids, in this respect, and with better right, have succeeded Bishops: See the epistle of the Bishops to King Lewis. In capitulis Caroli Calvi. vide & Roderic. Tolet. 7. 3.  among the Galls, as Diodor●… and Strabo have delivered. And we read, the French Kings, about division of the Realm, permitted the judgement to their peers. The third way is by Lot 
* Vide August. de doct. Christ. lib. 1. c. 28. ; which is to this purpose, commended by Du●… Chrysostom in his second Oration against Fortune, and long before him by Salomen Prov. 18. 18. Somewhat near to Lot is Single Combat; the use whereof seems not altogether to be refused, if two, whose Controversies otherwise would involve whole multitudes in very great mischiefs, 
† Scriptor Tragoediae Thebaid●…s: Rex sit è v●…bis uter, Manen●…e regno quae, ite. Dion Othone: Molto enim satius justi isque est unum pro omnibus, quam multos ●…us causa perire.  be ready to sight one with the other. For, it seems, if not rightly to be done by them, nevertheless acceptable to the people on both sides, as a less evil. Meti●… in Livy speaks to Tullus after this manner; Let us take some way, whereby, without much slaughter and blood of bo●…h parts, it may be determined, which people shall be superior. Strabo 
† Libro 5.  saith, this was the old custom of the Grecians; and Aeneas in Virgil 
* A 1. 11. Aequius huic Turno fuerat se opponere morti. Upon like cause Anton●… challenged Octavius to a Duel. Plutarch. Antonia.  saith, it was meet, that the matter should be ended on this wise 'twixt him and Turnus. Certainly, among other customs of the ancient Franks 
* Vide Cert●… Calvi Capitulum apud S. Arnulphum, & pactionem Aquisgrant●… A 〈◊〉 as ead●…m apud Langobaidus, vid. Paul, Warnasred. l. 1. c. 1●…. 4 c. 17. 5. c. 40.  this is at large commended by Agath●… in his first book: whose words are worthy to be added; If any Contraversies happen to arise between the Kings, they all muster their force's, as it were to determine the matter by battle, and they march forth into the field. But, so soon as the Armies have faced each other, they lay aside anger and embrace concord, persuading their Kings, to put their differences to trial of Law; or, if they will not do that, to enter into single combat, and bring the matter to an end, only with their own danger. Because, it is neither agreeable to equity, nor the orders of their Country, that they, for their proper hatreds, should weaken or overthrow the common good. Wherefore presently they disband, and the causes of their quarrels being taken away peace is reestablished, and muital security assured. So great care of Justice and love of their Country is in the Subjects: so gentle and yielding a disposition is in the Kings. Now, although, in a doubtful case, both parts are bound to seek condition, whereby war may be avoided, yet is he more bound, who requireth 
* Vide Herreram tom. 2. , than he who possesseth. For, that in an equal case, the condition of the possessor is the better, is a point not only of the Civil but of the Natural Law. And here is further to be noted, that War cannot lawfully be undertaken by him, who knoweth he hath a just cause, but hath not sufficient proofs, whereby he may convince the possessor of the injustice of his possession: The reason is, because he had no right to compel the other to depa●… out of his possession. And lastly, when both the right is ambiguous, and neither possesseth, or Both equally, there he is to be thought unjust, who rejecteth the offered division of the thing in con●…versy.   

CXIX. Whether war may be just on both sides.  
OUt of the premises may be determined that Question agitated by many, whether War, respect being had of them that are the principal Movers of it, may on both sides be just. For, the various acceptions of the word just are to be distinguished 
† Sic Gratianus causa 11. a. 3. post C. Episc. distinguit justitiam causae, ordinis, animi.  A thing is called just, either from the cause, or according to the effects. From the cause again, either in a special acception of justice, or in that general use of the word, as all rectitude is so called. The special acception is agai●… divided into that which pertaineth to the work, and that which pertaineth to the worker. For the worker himself sometime may be said to do justly, as oft as he doth not unjustly, though that which he doth 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lib. 5. Eth. c. 10. & 11. Rhet. 1. 13. August. lib. 15. de C. D. c. 5. Covarr. etc.  be not just: So Aristotle rightly distinguisheth to do unjustly, and to do the which is unjust. War cannot be on both sides just, in the acception special and related to the thing itself, as a suit in Law neither; because a moral faculty to contraries, to wit, both to act and to hinder, is not granted by nature. But, that neither of the party's warring may do unjustly, is possible; for no man doth unjustly, but he that also knows he doth an unjust thing: and many are ignorant of that. So may a suit be followed justly, that is, with an honest mind, on both sides. For, many things, both in point of right and fact, whence right ariseth, are wont to escape men. In a general acception, just is wont to be called that which is without all fault of the Doer. And many things without right are done without fault through ignorance inevitable. An example whereof is in them, who observe not the Law, which without their fault they are ignorant of, after the law itself is promulged, and time sufficient by itself for knowledge hath passed. So also in Lawsuits it may happen, that both parties may be free from injustice and all other blame, especially where both parties, or either, goeth to law not in his own but another's name, to wit, by the office of a Tutor or Guardian, whose duty is not to desert any right though uncertain. So Aristotle saith, in contentions 
3. Rhetor. c. 17.  of controverted right, neither is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, wicked. With whom Quintilian agrees, when 
Lib. 2. 8.  he saith it may come to pass, that an Orator, that is, a Good man may plead on both sides. Yea, Aristotle also saith, a Judg●… may be said to judge justly two ways, ●…ther 
Top. 1. 13.  when he judgeth plainly as he oug●… or, when he judgeth according to 〈◊〉 judgement & conscience. And in anothe●… place: If one hath judged through ig●…rance, 
Nic. 5. 12.  he hath not done unjustly. Nevertheless, in war, it can hardly fall out, be there will be at least some temerity and defect of love, by reason of the weight of this business, which in very deed is s●… great, that, not content with probab●… causes, it requireth grounds most eviden●…. But, if we take just according to some effects of right, it is certain, war on b●… sides may be just in this sense, as will appear by what we shall say of public ●…lemn war in the next part. And in like manner a Sentence not given according to right, and Possession without right, have some effects of right.   

CXX. ADMONITIONS. For the eschewing of War, Right is often to be remitted.  
THough it seemeth not properly a pa●… of our work, our Title being of th●… Right of war, to declare what other virtues give in charge concerning it, neve●…theless, on the By, we must meet 〈◊〉 this error of such as think, where 〈◊〉 Right is manifest enough, war presen●…y either must, or always may lawfully be undertaken. For, the contrary is true, that for the most part it is more pious and 
Victor. de ju. bell. n. 14. & 33.  honest to depart from ones right. That we may honestly forsake the care even of our own life, that we may provide, as much as lies in us, for the eternal life and salvation of another, hath been showed afore. Which is especially the duty of Christians, therein imitating the most perfect example of Christ, who died 
Rom. 5. 6.  for us, while we were his enemies. This doth much more excite us, not to pursue our worldly interests with so much hurt of other men, as Wars do carry with them. That for every such cause war is not to be waged, even Aristotle and Polybius do 
Arist. Polit. 4. Rhet. ad Alex. cap. 3.  advise. Nor was Hercules commended by the Antiens for commencing war against 
Pausan. lib. 5.  Laomedon and Augias', because they paid him not for his labour. Dion Prusaeensis in that Oration which is of War and Peace, saith, it is not only enquired, whether They, against whom we intent war, have done us injury, but whether the injury be of such moment that it may deserve a war 
† Senec. Suasor. 5. Gallio said, war is to be undertaken, for liberty, for cur wives, for our children: but for things that may be spared, and of small damage, it is not to be undertaken. Apollonius said somewhat more to the King of Babylon, in Philostrat. lib. 23. You ought not dispute with the R●…mans about Villages, which are less than private men's possessions: nor make war, no not for great causes. Josephus in his 2. against Appian saith of his Countrymen: That they show not their valaur, to get riches, but to preserve their Laws: Other losses they bear patiently; but when they are forced to depart from their Laws, than they fight, even beyond their strength, and endure all extremities of war. .   

CXXI. Punitive right especially is to be remitted.  
TO omit punishments, many things do exhort us. Consider how many faults Fathers connive at in their Children. Whereof Cicero hath a dissertation in Dion Cassius. A Father, saith Se●…ca 
* De clementia 1. c. 14. Augustus' said to a certain Father consulting what he should do to his son guilty of paric●…de; He must be sent away whither his father would. He decreed not prison or torment: mindful of him to whom he gave advise, and saying, that a Father should be content with the sof●…est kind of punishment. Seneca eod. lib. c. 15. Terene, Andria: Pro peccato magno paululum supplicii satis est patri. Ph●…lo: Patres abdicationis tristia verba pronunciant, siliosque à domo sua 〈◊〉 omni cognatione abrumpunt, ita demum, ubi amorem illum, quem i●…gentem ac supra omnia eximium natura parentibus indidit, fili●… improbitas vicit. Cicero pro Ligario: Ignoscite, Judices, erra●…. Lapsus est: non putavit: si unquam postbac; ad parentem sic agi●…. , except many and great offences have overcome his patience, except he hath more to fear than to condemn, will not preceded to extreme severity. Not much different is that saying of Phineus in Di●…dorus Siculus; No Father willingly takes revenge of his sons, unless the greatness of their wickedness exceed the natural affection of parents toward their children: And that of Andronicus Rhodius: No Father casteth off his son, that is not beyond measure wicked. Now, whosoever will punish another, takes upon himself as it were the person of a Governor, that is, of a Father. 
† Seneca epist. 87. Clementia alieno sanguini tanquam suo parcit, 〈◊〉 scit homini non esse homine prodigè utendum. Diodorus Siculus in fragmentis: Non omnes omnino qui deliquere puniendi sunt, sedii quos malesectorum nihil poenitet. Chrysost. de statuis 6. Discant omnes qui à fide nostra sunt extranei reverentiam quae Christo exhibetur tantam esse, ut cuilibet potestati injiciat fiaenos. Honora Dominum tuum: condona peccata conservis tuis, ut & ipse multo magis te honoret, ut in ●…llo judicii die vultum tibi ostendat serenum atque clementem, hujus tuae ●…enitatis memor. Citat Gratianus caus. 23. qu. 4. ex Augustino: Duo ista nomina cum dicimus, homo & peccator, non utique frustra dicuntur: quia peccator est, corripe: quia homo, miserere. Vide & quae sequuntur.  In this respect Austin saith to Marcellinus: Fulfil the office of a pious Father, You that are a Christian Judge. Julian the Emperor commendeth the saying of Pittacus, Who preferred pardon before punishment. Libanius in his oration of the sedition at Antioch saith, He that will be like unto God, must not so much rejoice in punishment, as in pardon. Sometimes such are the circumstances of things, that it is not only laudable to abstain from ones right, but due, in respect of that dilection which we owe even to our enemies, whether considered in itself, or as the most holy Gospel-Law requires it. So, we have said, there are some for whose safety, though they assault us, we ought to desire death, in as much ●…s we know them either necessary or very profitable for the common good of men. If Christ will have some things neglected, that suits may be avoided, much more may we believe he would have greater things neglected, for the avoiding of war, by ●…ow much more hurtful war is than a ●…ute at Law. It is not only liberal, saith S. Ambrose, 
* Ambr. Offic. l. 2. c. 2. vide Molin. tr. 2. de Just. disp. 103. Lorca dis. 153. n. 11.  but for the most part commodious for a good man to remit somewh●… of his right. Aristides persuades the Cities to a concession in things of less moment. He adds the reason: For it is laudable, you know, even in private men, to be of a facile nature, and bear some less rather than contend. Xenophon in the s●…t of his Greek history; It is the part of wise men, not to go to war, no not for Causes of great importance. And Apollonius in P●…lostratus is of the same mind.   

CXXII. Again, of the remission of punishment.  
COncerning Punishments, it is our Duty, if not as Men, surely as Christians 
† Theodosius was moved to pardon the crime of the Antiochians by those words of Christ press●…d by the Bishop 〈◊〉 anus: Father Forgive them: for they know not what they do. Chrysost: 10. the sta●…s. , easily and willingly to forgive trespass●…s done against us, as God forgives us in Christ, Ephes. 4. 32. Not to be angry, saith Josephus 
* Jos. antiq. hist. 2. 3. , for the mortal offences of the guilty, approacheth near to the divine nature. Seneca of a Prince 
* Sen. de Clem. lib. 1. c. 20. ; Let him be far more exorable in his own th●… other men's wrongs. For as he is not of a noble mind, who is bountiful out of an●…thers stock, but he that out of his o●… store giveth to another: so will I call hi●… Gracious, not, that is gentle in another's injury, but, who being spurred to reveng●… his own wrongs, restraineth himself; w●… thinks it Nobleness to suffer injuries, being in the highest power, and that nothing i●… more glorious than a Prince pardoning his Offender 
† Chrysostom saith, Clemency is an ornament to all men, most of all to a Ruler. For, to rule himself, and obey the Divine Law, is most honourable to the highest Governor. In laude Clementiae. . Quintilian: We will persuade a Prince to desire more the praise of Humanity, than the pleasure of Revenge. Cicero sets it as the fairest flower in Caesar's Garland, that he used to forget nothing but injuries. Livia in a speech to Augustus in Dio: Most are of opinion, that Rulers ought to punish offences against the Common weal, but d●…ssemble and connive at those against themselves. Amoninus the Philosopher in his Oration to the Senate 
* Apud Vulcatium Gallicanum vita Avidii Cassidii. August. in epist. 104. ad Bonifac. Comitem: Remember to give a speedy pardon, if one hath trespassed against thee, and cryeth mercy. De Offic. 1. Nihil magno & praeclaro viro dignius placabilitate & Clementia. , Revenge of his own wrong is never pleasing in an Emperor, which, though very just, seemeth very sharp. Ambrose in his Epistle to Theodosius: You have forgiven the Antiochians the wrong they did your Majesty. And Themistius in the praises of the same Theodosius to the Senate; It is the part of a good Prince, to overcome the injurious, not by revenge, but beneficence. The magnanimous man, according to Aristotle, is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, mindful of injuries. Which is thus in Cicero: Nothing is more worthy of a Brave man, than placability and clemency. Eminent examples of this excellent virtue are proposed to us in the Holy Scripture, Moses, Num. 11. 12. and David, 2 Sam. 16. 7. And this hath place, then especially, when either we also are conscious to ourselves of some offence, or that which is done against us proceedeth from some human and excusable infirmity, or it sufficiently appears, that he is penitent who hath done amiss. There is a mean (saith Cicero) to be observed in revenge and punishment: and I cannot tell, whether it be not enough, that he repent of his fault who hath provoked us 
† Procopius Vandat. 2. The Offenders timely Repentance is wont to prevail with the offended party, and obtain his pardon. . A wise man (saith Seneca) will remit many things: many delinquents, unsound, yet not uncurable, he will peserve.   

CXXIII. War is to be declined, in favour of ourselves and our own party.  
WE have showed cause to abstain from war out of that love and pity which we either owe to our very enemies, or rightly bestow upon them: We are now to consider what reason there is from that care we owe to ourselves and ours 
† Procopius in his second book of the Gotth●…cs, saith the Goths spoke thus to Belisarius; It concerns the Commanders of both Nations, not to purchase their own glory at so great a price as the undoing of their people, but to prefer and choose things just and safe, as well for themselves as for their enemies. Diodotus in Thucydides saith, Although they are very guilty, yet would I not have them slain, except it be expedient for us. lib. 3. . Plutarch in the life of Numa saith, After the Feciales had determined, that the war might be undertaken justly, it was consulted by the Senate, whether it were for their good. In a certain Parable of Christ's it is said, If one King intendeth war against another, he will first sit down (which is the posture of those that seriously advise about a matter) and consider with himself whether he with his ten thousand be able to enter battle with his enemy that leadeth twenty thousand. And, if he find himself too weak, before the enemy enter his territories, he will send Messengers of Peace. So did the Tusculans 
* Vide Plutarch. Camill. So did the King of Armen●…a in the time of Severus. Herodian. l. 3. , by enduring all things, and refusing nothing, obtain their peace of the Romans. In Tacitus we read, In vain did they sack a cause of war against the Aeduans: Being commanded, to bring money and arms, they also brought provision freely. So Q. Amalasuntha 
* Vide Procop. Vandal 2. & Gotthic. 1. Liv. lib. 6. Lib. 7.  protested to the Ambassadors of Justinian, she would by no means make war. A temperament also, or midway may be used, as Strabo relates was done by Syrmus King of the Triballians, who denied Alexander the Macedonian entrance into the Island Peuce, and withal honoured him with Gifts: that he might show his denial to proceed from a just fear, and not from hatred or contempt of his Greatness. What Euripides said of the Grecian Cities may be fitly applied to any other. When they give their votes for war, no man thinks how imminent death is to himself; but every one destinies ruin to another. But if, in the Council, Their own Funerals had been presented to their eyes, Grecia had not been so mad to destroy itself with war †. It is in Livy: Propose to thy 

† De Marte quoties itur in suffragia,  
Nemo imminere cogitat mortem sibi;  
Sed quisque cladem destinamus alteri.  
Quod si in Comitiis funera ante oculos forent,  
Furiata bello non perisset Graecia.   meditation, and consider thy own strength, and the power of fortune, and the various 

† Of their own danger most men are,  
Unmindful, when they vote for war;  
They think not, death hangs o'er their head,  
But wish that other men were dead.  
The undone Grecians had not been  
So mad, if this they had fore-seen.   chances of war. And in Thucydides; The unexpected Accidents in war must be thought upon, before thou dost engage.   

CXXIV. Rules of Prudence about the election of Good.  
THey that deliberate, deliberate pardy about the ends, not the last but the intermediate, partly about those things which lead thither. The end is ever s●…e Good, or at least the Avoidance of some evil, which may be in the stead of good. The things that lead to the one or other, are not desired by themselves, but as they lead thither. Wherefore in Debates, are to be compared, both the ends among themselves, and the effective faculty of those things that lead to the end, to produce the same. (For, as Aristotle hath rightly 
Arist. de animal. mot.  noted, 〈◊〉 which bring forth action are of two sorts, from that which is good, and from that which is possible.) Which comparison hath three Rules. The first is, If the thing under debate, seemeth to have, in a moral estimation, equal efficacy to Good and to Evil, it is so to be chosen, if the Good hath somewhat more of good, than the Evil hath of evil. Whence Andronicus Rhodius, where he describes the magnanimous man, saith, He will undergo dangers, not for every cause, but for the greatest. Another Rule is, If the Good and Evil seem equal, which may proceed from the thing in question, that thing is eligible, if the efficacy to Good be greater than to evil. The third, If both the Good and the Evil seem to be unequal, and the efficacy of the things no less unequal, that thing will be eligible, so that the efficacy to good be greater, being compared which the efficacy to evil, than the Evil itself is, being compared to the Good 
* Narses in Procopius makes a prudent use of this rule. Gotthic. 2. . This have we set down after a more exact manner. But Cicero discourseth to the same purpose in a plainer way, when he saith, We must take heed we do not offer ourselves to perils without cause, than which nothing can be more foolish: wherefore in running hazards, the custom of Physicians is worthy of our imitation: They apply gentle remedies to light diseases, but in the more grievous are compelled to use more perilous and doubtful Medicines: Wherefore, he saith, it is a wise man's part to take the 
De Offic. 2.  opportunity, and the rather, if he may obtain more good by success of the matter, than he can fear evil upon the miscarriage. In another place, Where no 
Epist. ad Att. l. 13. 27.  great emolument is possible, and a little mischance will be hurtful, what need is there to run the hazard. Dion Prusaeensis: Be it unjust and unworthy, which is 
Tarsensi alterâ.  suffered, Yet must we not therefore, in a contentious humour, expose ourselves to greater incommodities. And again: We seek to rid ourselves of burdens that do sorely pinch us; but if they be portable, and we fear we shall change them for heavier loads, we compose ourselves to patience. Aristides also, Where our fear is greater 
Siculâ 2.  than our hope, have we not great reason to be cautious?   

CXXV. An Example of a Debate about Liberty and Peace.  
LEt us take an example from that which Tacitus saith was of old consulted of among the Cities of Gallia, Whether they should prefer Liberty or Peace: understand Civil Liberty, that is, a right of governing the Commonwealth by themselves; Which right is full in a popular state, tempered in an optimacy, especially such wherein none of the Citizens is excluded from honours: Understand also such a peace, whereby is avoided a destructive war; that is, as Cicero expresses it, wherein all is in danger to be lost: or, 
Lib. 9 epist. ad Attic. epist. 112.  where a right estimation of the future seemeth to portend nothing else, but even the destruction of the whole people: Which was the case of the people of Jerusalem besieged by Titus. No man is ignorant, what Cato would say here, who chose rather to die than to submit to One: to which purpose is that sentence, It is none of the hardest virtues to embrace 
— Quam not sit ardua virtus Servitium fugisse manu.  death, to avoid slavery; and many the like. But right reason dictates otherwise, to wit, That life, which is the foundation of all good things temporal and eternal, is of more worth than Liberty; whether you take both in one man, or in a whole people. Wherefore God himself imputes 
2. Paral. 12. 78.  it as a benefit, that he doth not destroy men, but deliver them up to servitude. And elsewhere he persuadeth the Hebrews by the Prophet, to give up 
Jer. 27. 13.  themselves to serve the Babylonians, that they may not perish by famine and pestilence. That then, which was praised by the Ancients, that Saguntum did being 
Aug. de Civit: Dei. l. 22. c. 6.  besieged by the Carthaginian, is not to be praised, nor the things that lead thither. For the internetion of a people in this kind of things, is to be accounted as the greatest Evil. Cicero in his second De Inventione, setteth down this example of necessity; It was necessary the Casilinians should yield themselves to Annibal: though that necessity had this adjunct, Except they would rather perish with hunger. Of the Thebans, who lived in the times of Alexander the Macedonian, is extant this opinion of Diodorus: Siculus: Being more valiant than wi●…e 
Lib. 18.  they brought ruin upon their Country. Of that foresaid Cato and Scipio, who after the Pharsalick Victory would not submit to Caesar, Plutarch passeth his judgement thus: They are to be blamed, as they that lost many and gallant men in Africa, to no purpose. 
† Gu●…do Blandratensis ad Mediolanenses apud Guntherum: 
Omnia securi pro libertate feremus:  
Sed libertatem contemta nemo salute  
Sanus amat; neque enim certae susceptio cladis  
Quam vitare queas, nisi cum ratione salutis,  
Libertatis amor, sed gloria vana putanda est.  Anaxilaus, whom the Famine constrained to yield Bizantius, made this defence, saying, Men were to fight against men, or against the nature of things. So Xenophon. Procopius Go●… saith, Men do not praise voluntary death, so long as any h●… prevails over the danger. Diodorus Siculus having opened 〈◊〉 Counsels of the war undertaken by the Sithonians after Ale●… anders death, saith, In the judgement of wiser men, they ●…tempted a thing rather glorious than profitable, making ha●… i●… to danger unnecessary, and not taking warning from the no●… overthrow of Thebes.  That which I have said of liberty, I mean of other things desirable, if there be a more just or an equal expectation of a greater evil opposite. For, as Aristides saith well, It is the manner to save the ship, by casting fo●… the lading, not the passengers.   

CXXVI. He that is not much the Stronger ought to remit punishment.  
MOreover, in the exacting of punishments, it is most observable, that war should never be entered into, upon that ground, against him who hath equal forces. For as a Civil Judge must, so he that will avenge wicked acts by war, must be much stronger than the offender. Nor doth prudence only, or Love of his people require, that One abstain from a perilous war, but Justice too, that is, governing Justice, which by the very nature of government obligeth the superior no less to care for inferiors, than the inferiors to obedience. Whereto is consequent, what is rightly delivered by Divines, 
Cajet. 2. 2. q. 95. art. 8. Molina tract. 1. de just. cap. 102.  that a King, who for light causes, or for to exact punishments not necessary, and drawing after them great danger, undertaketh a war, is bound to his subjects to repair the damages arising thence. For, though not to the enemies, yet to his own people, injury is done by him, who upon such causes involves them in so great an evil. Livy saith, War is just, to whom 
Lib. 10.  it is necessary: and their arms are pious, who have no hope left them but in arms. Ovid, thus:  
Let not the soldier armed be,  
But to disarm the Enemy. 
* Ovid. Fast. 1. Sola gerat miles, quibus arma coërceat, arma.    

CXXVII. War not to be undertaken, but upon necessity, or upon greatest cause, with greatest opportunity.  
THere is then seldom 
* Servius ad illud in 10. Aen. Iram miserantur inanem Amborum, & tantos mortalibus esse labores. Quia nulla causa tam justa est, ut propterea bellum geri debeat.  cause of taking arms, which either cannot, or ought not to be omitted: to wit, when Laws are (as Florus speaks) worse than war. Seneca bids us venture upon dangers, when we fear no less dangers if we sit still; or greater: so Aristides, when it appears, our estate will be worse if we be quiet, th●… we ought to hazard ourselves. Tacit●… saith, A miserable peace is well exchanged for war: that is, when (as the same Author saith) either being victorious you shall be free; or being conquered, as you were: or where (as Livy 
* Liv. l. 10.  speaks) peace is more grievous to those that serve this war is to the free. Not if (as 'tis in Cicero 
* Cic. ad Att. 7. 7. ) this appears to be the event; 〈◊〉 you be conquered, you shall be proscrib'd●… if you conquer, you shall be nevertheless a slave. It will be also a time to 〈◊〉 arms, if, in a true judgement, where mo●… Right is, and that of greatest moment, there is most strength. This is that which Augustus 
† Sueton. c. 14.  said, War is not to be ●…dertaken, except there be greater hope 〈◊〉 benefit, than fear of loss. And, what S●…pio 
Gel. 13 c. 3. Val. Max. l. 7. 2.  Africanus, and L. Aemilius Paul●… were wont to say of enjoining battle, 〈◊〉 fitly be applied here, Fight not, without great necessity 
* Plutarch. Gracchis: Extrae summam necessitatem ferrum infer, nec boni medici est, nec boni praesidis. Marciani dictum apud Zonaram: Non debere Regem arma movere, quamdiu pace frui liceat. Aug. 50. epist. ad Bonifacium, Pacem habere voluntatis est: Bel●…m autem debet esse necessitatis, ut liberet Deus à necessitate, & con●… in pace. , or great opportunity. This will then chiefly have place, when it is hoped the business may be done, by terror 
† The Lion despising weapons-good while defen●…th himself by terror alone, and sheweth that he is compelled. ●…lin. Hist. Nat. 8. 16.  and fame, with none or very little danger: such was Dion's counsel for de●…ivering Syracuse 
† Diod. l. 16. . Pliny in one of his Epistles hath an expression to our purpose: He subdued the enemy (which is the fairest kind of victory) by the terror of his ●…ame.   

CXXVIII. The Evils of War.  
WAr is a cruel thing, saith Plutarch, 
De Civit. Dei lib. 19 c. 7.  and draws with it a train ●…f injuries and insolence: And S. Augu●…in wisely: Should I go about to declare ●…e manifold Calamit●…es, and extreme ne●…essities, which attend upon war, (which 〈◊〉 am not able sufficiently to express) when ●…ould I make an end? But they say, a ●…ise man will wage war. Rather, if he ●…member himself to be a man, he will be ●…rry to find a necessity thereof 
* The Lacedæmonians in Diodo●…us Siculus l. 13. Seeing the many enm●…es and s●…d effects of war, we think it our duty to testify before God and man, that we are not the causes of them. See a notable place it Guicciard. lib. 16. . It is the ●…iquity of the adverse part, which enforces 〈◊〉 wise man to take arms, which iniquity of ●…en, though war did not follow, were to be ●…mented. Wherefore the mischiefs of war, whosoever affectionately considers, 〈◊〉 needs acknowledge it a misery; and if any one can pass them over without grief he is the more miserable, in that he 〈◊〉 lost all sense of his misery. The same Father in another place; It seems a fe●… 
Lib. 4. de Civicate Dei. c. 15. Belligerare malu videtur felicit as, bonis necessitas.  to evil men, to wage war, to good men, necessity. And Maximus Tyrius: Although you take out of war injustice, the very necessity is itself miserable. The same: 〈◊〉 is plain, that just men take arms only upon necessity; the unjust, of their own accord. Whereto may be added that of Seneca: Man must not use man prodig●… Philiscus admonished Alexander to feel 
Aelian. lib. 14. 11.  for glory, but on those terms, that be might not make himself a plague to the world: meaning the slaughter of people, and desolation of Cities, to be the effect of a plague: and that nothing is more Kingly, than to take care of all 〈◊〉 safety, which depends on Peace. If, 〈◊〉 the Hebrew law, even he that had 〈◊〉 a man against his will, was to fly for refuge: If God denied David, who 〈◊〉 the Lord's own battles, the honour 〈◊〉 building his Temple, because he had 〈◊〉 much blood 
† Non permisit templum struere ei qui multa bela bellasset, pollutusque esset, hostili quidem, attamen sanguine. Joseph. lib. 〈◊〉 cap. 4. ubi & plura in hanc sententiam. Plinius lib. 7. 〈◊〉 25. After he had related the battles of Caesar the Dictator Truly (saith he) I will not account it Glory, to have 〈◊〉 much hurt to mankind, however urged. Philo de vita M●… Quamuis enim legibus permissae sunt hostium occidiones, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 interfecerit, qua nvis justè, quamvis ad sui tutelam, quamvis coactus, aliquid labis contraxisse creditur, propter illam communem à summa causa venientem cognationem. Quatropter & pur●… 〈◊〉 quadam opus habebant tales intersectorès, ad eluéndum quod commiss●… vid batur piaculum. : If, among the old Greeks they had need of expiation, who ever without fault had stained their hand with blood: Who seeth not, especially if he be a Christian, how unhappy a thing War is, and of an ill omen, and with how great endeavour it is to be avoided, though not unjust? Surely, among the Greeks that professed Christianity, that Canon was long observed, whereby they were kept for a time 
* For three years. Zonaras. Basil. ad Amphil. 10. 13.  from the sacred mysteries, who had killed an enemy in any war whatsoever.   

CXXIX. OF WAR FOR OTHERS: And first, for Sub ects. And whether an Innocent person may be yielded up.  
WE have said afore, that Every man naturally may execute, not only his own, but another's Right. Wherefore the same causes, that are just for him whose business is in hand, are also just for them that bring aid unto others. Now, the first and most necessary care is for subjects 
† Procopius Pers. 2. saith, He is not just who doth no man wrong, except he defend from wrong those that are committed to him. Navar. 24. 18. , whether in the family, or in the Commonwealth; For they are as it were a part of the Governor, as there we have said. So, for the Gibeonites, who had subjected themselves to the Hebrew people, that people took up arms under 
Jos. 10. 6.  the command of Joshua. Our Ancestors (saith Cicero) have often waged war for 
Ad Quirites.  injuries done to our Merchants and Seamen. Elsewhere: How many wars h●… our Ancestors undertaken, because our Citizens 
Vertin. 2.  were said to be injured, our Sailors retained, our Merchants spoiled? The same Romans thought it necessary to take arms for the same people being become their subjects, for whom being confederates they would not stir. The Campanians to the Romans; Seeing you will not, by just force, defend our estate against violence and injury, you will certainly 〈◊〉 your own. Florus saith, the Campanians made the league they had before, mo●… holy, by the dedition of all they had: It concerned the Faith of the Romans, is Livy 
Lib. 7. Fides agi visa, deditos non prodi.  speaks, that a people which had yielded themselves, should not be deserted. Howbeit, not always are Governors bound to take arms for the just cause of a subject, but so, if, without incommodity of all or most of the subjects, it may be done. For, the Governor's office is rather conversant about the whole than about the parts and 
Soto de just. & jure. lib. 5. q. 1. art 7.  the greater the part is, the nearer it approacheth to the nature of the whole. Wherefore, if one Citizen, though innocent, be demanded by the enemy, he may (no doubt) be deserted 
† Satius judicemus esse, paucos aliquos mala far, quam immensam multiiudinem, Zonaras. , if it appear that the Commonwealth is far inferior to the enemy's power. Against this opinion disputes Fordinandus 
* Lib. 1. cont. ill. c. 13.  Vasquins: but if we mark his meaning rather than his words, he seemeth to contend, that such a Citizen be not rashly forsaken, when there is a possibility and hope of defence. For he brings also an example of the Italian Foot who forsook Pompey, before all was lost, being assured of quarter by Caesar; which act he deservedly reproveth. But, whether an innocent Citizen may be given into the hands of the enemy, for the avoiding of destruction otherwise imminent to the Commonwealth, Learned men dispute: And it was of old disputed, as, when Demosthenes produced that renowned Fable of the Dogs, whom the Wolves, treating with the Sheep about a peace, demanded of them. Not only Vasquius denies it to be lawful, but He, whose opinion is accused by Vasquius as perfidious, Sotus. Yet Sotus ●…firms, such a Citizen is bound to deliver up himself to the enemies: and this 〈◊〉 Vasquius denies, because the nature 〈◊〉 Civil society, which every one hath entered into for his own benefit, doth not ●…nquire it. But hence it follows only, that the Citizen is not bound to this by right properly so called; it doth not follow, that in Charity he is not bound to do it. ●…or, there be many offices, not of proper justice, but of Love, which are not only performed with praise (which Vasquius grants) but also cannot be omitted without blame. And such in very de●… seemeth this to be, that one prefer the life of a great innocent multitude before his own 
† Praxithea apud Euripidem. Si namque numeros, quidque sit plus aut mi nus' erctpimus animo, non malo unius domus Commune vinci, sed nec aequari potest. Philo: Iniquum est totum sieri accessionem partis. V. l. 2. de vit. Mos. . And therefore Photion exhorted 
* Diodor. l. 17.  Demosthenes and others, after the example of the daughters of Leus and the 
* Vide Apollod. in bibliotheca.  Hyacinthides, rather to undergo death themselves, than suffer an irreparable mischief to the done to their Country. Cicero for P. Sextius: If this had happened to me sailing with my friends in some ship, that Pirates surrounding us should threaten to sink us all, except they would deliver me; I would rather have cast myself into the Sea, to preserve the rest, than bring 〈◊〉 friends either to certain death or into great danger of their life. The same in his third de Fimbus: A good man, wise and obidient to the Laws, and not ignorant of Civil duties, careth more for the interest of all, than of any one, or his own. In Livy 
Lib. 45.  we read it spoken of certain M●… Often have I heard of men that died for their Country; but these men are the fir●… that thought it fit, their Country 〈◊〉 perish them. But, this being granted, a doubt remains, whether the innocent Citizen may be compelled to do that which he is bound to do. Satus denies this, using the example of a rich man, who is bound 〈◊〉 the precept of Mercy to give Alms to the poor, yet cannot be compelled to 〈◊〉 But, we must note, 'tis one thing when the parts are compared among themselves, another when Superiors are compared to their subjects. For, an equal cannot compel his equal, but unto that which is due by right strictly taken: yet may a Superior compel his inferior to other things also, which any virtue commands 
† So, among the Lucanians, a punishment was appointed for the p odigal: among the Macedonians, for the ungrateful: for the idle, among the same Lucanians, and the Athenians. , because this is comprehended in the proper right of a superior, as he is superior. 
† Lesle. lib. 2. c. 9 dub. 7. Plutarch. Phoc.  So, in great scarcity of corn, subjects may be forced to bring out what they have laid up. And therefore, in our controversy, it seemeth more true that the Citizen may be compelled to do that which Charity requires. So that Photion whom whom we have mentioned, pointing at his most dear friend Nicocles, said, Things were come to that extremity, that if Alexander should demand him, he should think he were to be delivered.   

CXXX. War may also be undertaken justly for Confederates, for friends, yea for all men.  
NExt to subjects (yea qual in this, that they ought to be defended) are Confederates in whose Agreement this was comprehended: that is, whether they have yielded up themselves to the safeguard and trust of others, or have cove●…nanted for mutual succours. He that re●…elleth not injury from his Fellow, if he be able, is in fault, as he that offers it, saith Ambrose. As for Agreements to war, when 
Offic. 1. 36.  when there is no just cause 
† Vide Simlerum de repub. Helveciorum. The Lord making war against any, if it be known, that he doth it justly, or if it be a doubful case, the Vassal is bound to aid him. But when it is unanifest, that He doth unreasonably, Let him help to defend him, not to offend another. lib. 2. the Feud. c. 28. Hic sinitur. , they hol●… not, as we have said above. And this is the reason, why the Lacedæmonians, before they entered into the war against the Athenians, permitted all their Confederates to judge of the justice of the cause: and the Romans permitted the Greeks to judge of the war against 
* Liv. lib. 34. Vict. de Ind. p. 2. n. 17. Cajet. 2. 2. q. 4 art. 1.  Nabis. Nay further we add, the Fellow is not then bound to aid, if there be no hope of a good issue. For, Society is contracted for good and not for evil. Moreover, a Confederate is to be defended, even against another Confederate, unless in the former league there was some more special agreement. So the Athenians might defend the Corcyreans, if their cause were just, even against the Corinthians their more ancient Confederates. Another cause there is, on behalf of friends, to whom though no promise of aid was made, yet in respect of friendship it is due, if it may be given easily and without incommodity. So Abraham took arms for his Kinsman Lot: The Romans charged the Anti●… not to use Piracy upon the Grecians being the Cousins of the Italians: The same Romans oft undertook, (or threatened) wars, not for their Confederates only, as they were obliged by Covenants, but for their friends 
† Oraculum vetus: 
Non ope juvisti praesens in morte 〈◊〉;  
Effa●…or tibi nils, 〈◊〉 nisi Templi sinibus 〈◊〉;  . The last an●… largest relation of men to 〈◊〉 another is, as they are men. Which alone sufficeth to 〈◊〉 for help. Men were born to help one another, 
Cic. de fin. 3. de Offic. 2. L. ut vim. D. de just. & jure.  saith Senoca 
* De ira. l. 1. c. 7. de clem. 2. 5. . And again, A wise man will, as oft as he can, relieve the unfortunate 
† Euripides in supplicibus: 
— Praebent saxa perfugium feris,  
Areaque famulis: urbibus pressis malo  
Tutamen urbes.—  . Fortitude which defends infirmity, saith S. Ambrose 
* Offic. 1. 5. , is full of Justice. Of this above.   

CXXXI. Whether man is bound to defend man, and one people another.  
HEre it is a question, whether any obligation lies upon one man, or one people to defend another from injury. Plato's judgement is, that he deserves 
De legib. 4. E●… Hebraei ita censent. Moses de Kotzi praecept●… jubente 77, 80. Diodor. l. 1.  punishment, who doth not keep off force offered to another: which also was provided for in the Laws of the Egyptians. But first, if there be manifest danger, it is certain he is not bound; for, he may prefer his own life and goods before another man's. And in this sense I understand that of Tully: He that defends not, nor resists injury, if he can, is in no less salt, than if he forsake his parents, or Country, or Companions. If he can: that is, Without his own hurt. For the same Author saith in another place: Men may perhaps be left undefended without any blame. It is in Sallust's Histories: All that in their prosperity are entreated to society of war, aught to consider, whether they may be permitted then to live is peace: and, whether that which is requested be pious, safe, glorious, or dishonouraeable. This of Seneca 
† De ben: 2. 15. And elsewhere he saith, I will defend a worthy man at the cost of my own blood, and partake in his danger: And if I can deliver an unworthy man from thiefs by raising a cry, I will not refuse to spend my voice to save a man. De benef. lib. 1. c. 10. Lesle. Lib. 3. c. 4. dub. 15.  too is not to be despised: I will succour one that is about to perish, but so, that I myself may not perish; unless I shall redeem some great person, or great matter. But then neither, he will not be bound, if the oppressed an no other way be freed, but by the death of the oppressor. For, if he that is invaded may prefer the life of the Invades before his own (as we have said elsewhere) he will not sin who believes or desires that the oppressed should be of that mind: especially when, on the part of the oppressor or invader, the danger of an irreparable and eternal loss is greater.   

CXXXII. Whether War be just to relieve the Subjects of Another.  
THis is also in Controversy, whether it be a just cause of War, for the Subjects of Another, that they may be delivered from the injury of their Ruler. Verily, since civil Societies were instituted, it is certain the Rulers of every one have attained a special right over their own Subjects. And Thucydides, among the signs of Sovereignty hath put the supreme power of Judgements 
* Euripides Herachdis: 
Nos quotquot bujus colimus urbis mania,  
Sufficimus ipsi nostra judicia exsequi.  
Nec alio illud pertinet; Spartam tibi quae contigit orna:  
Nobis fuerit cura Mycaenae:  
Et huic non dissimile illud Poeticum: Rescindere nunquam  
Diis licet acta D●…ûm. Ov●…d. Met. 14. Et Virgil. Aen. 1.  
Non illi Imperium pelagi saevumque tridenteus,  
Sed mihi sorte datum.—  , no less than a right of making Laws and Magistrates. Ambrose gives the reason; Lest one usurping 
Amb. l. 1. de Offic.  the charge of another they should raise 
Thucy. lib. 5.  war among themselves. The Corinthians, in the same Thucydides, think it Equity, that every one should himself punish those that belong unto him 
† Au ustin in his second de lib. arbin. saith, Although it be a part of goodness to do good to strangers, yet is it no point of Justice to punish then. Procop. Vand. 1. It is good for every one to govern well his own charge, and to appropriate to himself the cares of other men. Vict, de Ind. rel. n. 15. Vict. de Ind. rel. p. 2. n. 13. . And Perseus, in his oration to Martius, saith, he would not excuse what he had done to the Dolepes: I have done it (saith he) by my own right, seeing they were of my Kingdom, under my dominion. But, all this hath place, where Subjects do truly offend, or where the case is doubtful. For, to this purpose was ordained that distribution of Empires. Notwithstanding, where the injury is manifest, where any Busiris, Phalaris, Thracian Diomedes executeth such things upon his Subjects, that no good man can allow of, there the right of human society is not praecluded. So Constantin against Maxentius and against Licinius, other Roman Emperors against the Persians 
* Exemplum simile habes in rebus Pipini apud Fredegatium in fine. ; took arms, or threatened to take them, unless they would abstain from persecuting the Christians for their Religion. Yea, supposing arms cannot, no not in extreme necessity, be taken rightly by Subjects (whereof we have seen those to doubt whose purpose was to defend the regal power:) nevertheless will it not therefore follow, that arms may not be taken by others on their behalf. For, as oft as a personal, not real, impediment is put against any action, so oft may that be lawful for one for another's good, which was not lawful for that other; if the matter be of such a nature, wherein one may procure the good of another. So, for a Pupil, whose person is uncapable of judgement, the Tutor goes to Law or some other; for one absent, even without a mandate, his defender. Now, the Impediment, which prohibits a subject to resist, comes not from a cause which is the same in a subject and no-subject, but from the quality of his person which passeth not into others. So Seneca thinks, I may war upon him, who being divided from my Country troubleth his own; (as we have said when we spoke of exacting punishment;) which thing is often joined with defence of the innocent. We are not ignorant, by reading of histories old and new, that Avarice and Ambition hideth itself under these pretences; but it doth noth not therefore presently cease to be a Right, which is abused by evil men. Pirates also go to Sea; and Robbers use the sword.   

CXXXIII. Concerning Soldiers of Fortune.  
MOreover, as warly Societies entered into with such a mind, that aids are promised in every war 
* Iterum Simlerum vide de hac ve. Soto in verb. bellum p. 1. §. 10. circa fin.  without any difference of the cause, are unlawful; so is no kind of life more wicked than theirs, who without respect unto the cause are hired to kill men, thinking 
* Ibi fas ubi plurina merces. , There is most right, where is most pay. Which Plato proves out of Tyrtaeus. This is that which the Aetolians were upbraided with by Philip, and the Arcadians by 
† Livy l. 32.  Dionysius Milesius, in these words; Mercats are made of War, and the calamities of Greece are a gainto the Arcadians, and without regard of the causes arms are carried to and fro. A miserable thing indeed, as Antiphanes speaks, That men should get their living, by exposing themselves to death 
* Suam qui auro vitam venditant. Plaut. Bacch. Guntherus: A e dato conducta cohors, & bellica miles Dona sequens, pretioque suum mutare favorem Suetus, & accepto pariter cum munere bello Hunc habuisse, dator pretii quem jusserit, hostem. . What is more necessary to us (saith Dion Prusaeensis) or what is more worth than life? and yet many men are prodigal of this, while they are greedy of money. But, this is a small matter, 
* belinus de re mil. 2. p. t. 2. n. 4.  to sell their own blood, unless they did also sell the blood of other men that are ofttimes innocent; So much worse than the Hangman, by how much worse 'tis to kill without cause 
† Seneca not 5. 18. Who can style it other than madness, to carry danger about with him and to run upon men unknown, angry without injury, wasting all in his way, and making slaughter (like wild beasts) of men that one hateth nor. , than with cause: As Antisthenes said, Hangmen are better than Tyrants, because they execute the guilty, these the guiltless. Philip of Macedon the Elder said 
* Diod. lib. 18. , These men that get their living by making a trade of war, esteem war to be their Peace, and Peace their war. War is not to be turned into an Art or profession, being a thing so horrid, that nothing can make it honest, but the highest necessity, or true charity: as may be understood by what we have said afore. It is not indeed in itself a sin (saith S. Augustin) to go to 
De verb. Dom.  war, but to go to war for the spoil is a sin, Yea, and for the stipend or pay, if that alone be regarded, or that chiefly: when as otherwise it is very lawful to receive pay; for, who goeth to war at his 〈◊〉 charge? saith S. Paul the Apostle. 
1 Cor. 9 7.    

CXXXIV. Of just Causes, that wit may 
Cap. 26.  be waged by those that are under others command. Who they are, and what they should do, where they are left free.  
WE have done with them that are is their own power: there are others in a condition of obeying, as sons of families, servants, subjects, and single Citizens if they be compared with the Body of their Commonwealth. And these, i●… 
Aegid. reg. de act. supern. disp. 31. n. 80.  they be called to debate, or a free choice be given them to go to the war, or to stay at home, aught to follow the same rule with them that at their own pleasure undertake wars for themselves or others.   

CXXXV. What they should do, when they are commanded to war, and believe the cause of the war to be unjust.  
BUt, if it be commanded them to bear 
Victor. de jure bell. n. 22.  arms, (as it usually comes to pass;) What then? Why, truly if it be manifest to them that the cause of the war is unjust, they ought by all means to abstain. That we must obey God rather than men, is not only a sentence of the Apostles, 
Act. 5. 9  but of Socrates too 
† Plato tells us so in his Apology. And Apollonius opposed against the edict of Nero that of Sophocles, Jupiter hath given me other Order. ; and the Hebrew-Masters have a saying 
* Which also Josephus ascribeth to them, Antiq. 17. No wonder, if we more observe those we have received of God by Moses, than your Commands. Add Rab. Tanchumam citante Drusio ad lucum Actorum. , That the King must not be obeyed, when he commands any thing contrary to the Law of God. Polycarpus said just before his death, We have learned to give meet honour to the Empires and powers ordained of God, so far as may consist with our salvation. And S. Paul the Apostle; Children be obedient to your Parents in the Lord 
* i e. In quibus Deum offensurus non es. Ita Chrysostomus. S●…c accipe illud Hieronymi, Per calcatum perge patrem, declamatoriè dictum, sum umque à Lurone declamatore apud Senecam. Subditos esse oportet, sed intra limitos disciplinae. Tertull. Jecirco Romanas leges contemnimus, ut jussa divina servemus. Silvanus Martyr. Apiid Euripidem dicenti Creonti: 
Nun exsequi mandata sas ipsum jubet?  
Respondet Antigone:  Non imperata jure nec jus exsequi. Musonius ita ait; Si qua●… aut patri, aut magistratui, aut Domino turpia aut iniqua se●… imperanti non paret, is nec inobediens est, nec injuriam facit, nec peccat, Stob. tt. lib. parent. honorand. ; for this is right. Upon which place Hierom: It is a sin for children not to obey their parents; yet because parents might perhaps command somewhat amiss, he added, In the Lord. And he annexed this of servants, When the Lord of the flesh ●…neth a thing divers from the Lord of the Spirit, Obedience is not due. And elsewhere, In those things only ought men to be subject to their Masters and Parents, which are not against the Commands of God. For the same Apostle also saith, Every man shall receive a reward of his own work, whether he be bond or free. Seneca 
* De benefic. lib. 3. 20. ; Neither can we command all things, nor 〈◊〉 servants perform. They must not obey ●…s against the Commonwealth: They must not lend their hand to any wickedness. Sopater: Obey thy Father. If according to right, well: if otherwise, not so. Strat●…cles was irrided, of old, who propounded a Law at Athens, that whatsoever pleased King Demetrius, might be accounted pious toward God, and just toward 〈◊〉. Pliny 
* Lib. 3. epist. ad Minut.  saith he laboured somewhere to make it evident, That it is a crime to serve another 
† Examples illustrious both of punishment and praise, See 1 Sam. 22. 18, 19 1 Reg. 18. 4. 13. 2 Reg. 〈◊〉 10, 12, 14. Among the Christians Manuel and Georgius ref●… the service of killing the Empress. Nicetas. Among the Pag●… are two noble examples of those that would not obey the unjust commands of Princes, that of Papinian so famous, and another of Helpidius in Ammianus lib. 21. Severus would not have them scape unpunished, who obeyed an Emperor in killing a Senator. Vide Xiphilin. Tertull. de Anima: Plus caeditur qui jubet, quando nec qui obsequitur excusatur. Vide Gail. de pace pub. lib. 1. cap. 4. num. 14.  in doing evil. The Civil Law themselves, which do easily give pardon to excusable faults, favour those that must needs obey, but not in all things: for they except things which have atrocity, which are heinous and wicked in their own nature, as Tully speaks, and not by the interpretation of Lawyers. Josephus relates out of Hecataeus, that the Jews which served under Alexander the Great, could not be compelled, either by words nor blows, to carry earth, with the other soldiers, to the repairing of Belus' Temple ●…t Babylon. But we have a more proper example in the Thebaean Legion (of which ●…bove) and in Julian's soldiers, of whom Ambrose thus: Julian 
* Augustin: epist. 50. ad Bonifac. Julianus exstitit infidelis Imperator. Nun exstitit Apostata iniquus & Idololatra? Mili●…es Christiani servierunt Imp. infideli: ubi veniebant ad causam Chriti, non egnoscebant nisi illum qui in coelo erat: quando volebat ut idola ●…lerent & thurificarent, praeponebant illi Deum.  the Emperor, though an Apostate, had under him Christian soldiers: whom when he Commanded ●…o Draw out in defence of the Commonwealth, they obeyed him. But, when he said, Use your arms 
† For Julian abstei●…ed not from all violence against the Christians, then especially ●…hen he had gotten any colour for it, as he thought. Jerom to Nepotian calls him, The Cut throat of the Christian Army. ●…ug. de Civit. Dei l. 1. c. 52. tells of a persecution begun at Antioch in his reign, and a certain young man tormented. In the Martyrologies is celebrated the memory of S. Eliphius a sect and his fellows, whom Julian caused to be beheaded, Vide & Joan. Anti●… bonum in excerptis ex MS. Peiresiano.  against the Christians, than did they acknowledge the Emperor of Heaven. So we read of certain Spearmen converted unto Christ, that they chose rather to die, than to execute the Edicts & judgements against the Christians. 'T will be all one 
* Victor de jure bell. n. 23. , if a man be persuaded, it is unjust which is commanded. For, that thing is to him unlawful, so long as he cannot put off that opinion: as appears by what we have said already.   

CXXXVI. What they should do, when they are in doubt.  
BUt, if a man doubt, whether the thing be lawful or no, must he then obey, or not? Most Authors are of opinion, that he must obey: nor doth that hinder, D●… not, what you doubt of: because (say they) 
Quod dubitas, ne seceris.  he that doubts contemplatively, may in his active judgement be out of doubt; For he may believe, that in a doubtful matter he ought to obey his superior. And truly it cannot be denied, but this dissection of a twofold judgement hath place in many actions. The Civil Laws, not of 
L. damnum. de R. J. L. Liber bomo. D. ad L. Aquil. L. non videtur. §. qui jussit de R. I. Paul. l. 5. sen. tit. 22. §. 1. Leges Long. tit. 96. de 〈◊〉 effoss. Leges Wistgot. l. 2. tit. 2. c. 2. L. 8, tit. 1. c. 1.  the Romans only but of other Nations, i●… such a circumstance, do not only gra●… Impurity 
† Chrysostom. de providentia, 3. Many magistrates accused for unjust slaughter have been punished oft: but never was any Executioner called in question, for they are excused by the necessity laid upon them, proceeding from the d gnity of the Commander, and the fear of the Obeyer. Ulplan out of Celsus saith, a servant hath not offended, who hath obeyed his Master's command. Mithridates' dismissed the servants of Attilius, being conscicus of the plot against his life, u punished; and the children likewise of one that had revolted from him: Appian. Tiber'us Gracchus was acquitted from the fault of the Numantin league, because he had offended at the command of another. In v lente necessitas non est. Seneca.  to those that obey, but also deny any Civil action against them. He doth the damage, say they, who commands it to be done: and he, who must needs obey, is in no fault. Necessity of the power excuseth, & the like. Aristotle himself in the fist his Ethics, among those that do something unjust, but not unjustly, annumerates the servant of a Master commanding; and he saith, He doth unjustly, from whom the action takes beginning; upon this ground, because the faculty deliberative is not full, according to that verse 
* Et illud quo Philo utitur: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ;  
Those men enjoy but one half of their soul,  
Whom their imp r ous Masters words control.  
And that of Tacitus: The Gods have given the Prince supreme judgement of 
Anual. 3. Them stius in his 9 oration, saith, Princes are like to reason, soldiers to wrath.  Piso's son (in the same writer) was by Tiberius absolved from the crime of the Civil war; Because the son was not able to reject the commands of the Father. Seneca: A servant is not a Censurer, but a minister of his Masters will. And specially 
Controu. 3. 9  in this question of warfare Augastin thought so; for so he speaketh: A just man, if perhaps he serveth under a secrilegious 
Lib. 22. c. 74. cont. Faustum.  King, may rightly fight at his command, if keeping civil order, he be either sure what is commanded him is not against the Command of God, or be 〈◊〉 sure that it is: so that perhaps the King may be guilty of iniquity in his command, but the soldier innocent in his obedient. The like he saith 
* De Civit. Dei, lib. 1. c. 26. & de lib. arbit. l. 1.  in other places. And hence it is a common received opinion, that, as to subjects, a war may be on both sides just, that is, without injustice 
† Sil. in verb. bell. 1. n. 9 concls. 4. Cast in l. 5. D. de Instit. Soto l. 5. q. 1. art. 7. Covar. in c. piece. p. 2. §. 10. Quis justius induat arma, Scire nefas. , Yet this is not without its difficulty. And our Countryman Adrian 
* Adr. quaest. quod. l. 2. See an example of those that followed this opinion in Scafnaburgensis. , who waste last Bishop of Rome of the Cisalpins, defends the contrary opinion: which may be confirmed, not by that reason precisely that he brings, but by this which is 〈◊〉 urgent: Because he that doubts contemplatively, ought by his active judgmenta choose the safer part: And it is the 〈◊〉 part to abstain from war. The Essens 〈◊〉 commended, for swearing, among other things, That they would never do any er●… harm, no not if they were commanded And their Imitators the Pythagoreans who as Jamblicus testifies, abstained from 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Jamb.  war, adding this for the reason, because is so bloody. Nor is it any material objection, that on the other side there is d●… her of inobedience. For, when Both are uncertain (for if the war is unjust, then in avoiding thereof is no inobedience) that is faultless, which of the two is less. Now, inobedience, in such matters, is of 
Baldus 2. Cons. 385. Sotus de Det. secr. memb. 3. q. 2. in resp. ad 1.  its own nature less evil than homicide and slaughter, especially of many Innocents'. The Ancients tell how Mercury, 
Vict. de jure bell. u 25.  being accused for kill Argus at the command of Jupiter, defended himself, and yet the Gods durst not absolve him 
† Nec Pothinum Prolomaei satellitem Martialis, cum ait: Antoni tamen est pejor, quam causa Pothini; Hic sacinus domino praestitit, ille sibi. . Nor is it of great weight, which some bring on the contrary; That it will come to pass, if that be admitted, that the Commonwealth will be oft undone; because it is not expedient (for the most part) the reasons of Counsels should be published and made known to the people. For, grant this to be t●…ue concerning the suasory causes of war, it is not true of the justifick; which must be clear and evident, and therefore such as may and aught to be openly declared 
† Tertull. Caeterum suspecta lex est, quae probari se non vult: improba autem, si non probata dominetur. Achilles' apud Papinium Ulyssi:— Quae Danais tanti primordia belli, Ede: libet justas binc sumere protinus irat. Apud eundem Theseus: Ite alacres, tantaeque precor considite causae. Propert. dixerat. Frangit & attollit vires in milite causa: Quae nisi justa subest, excutit arma pudor. Cui par illud panegyristae: Tantum inter ●…ma bona conscientia sibi vindicat, ut jam caeperit non virtutis magis quam integritatis esse victoria. . And thus do some learned men interthat in Genesis 14. 14. to this sense, that Abraham's servants, before the battle, were fully instructed by him concerning the Justice of his arms 
* Herod in Jo sephus tells the Jews after an overthrow in Arabia: I am willing to show you, how justly we undertook this war, being compelled by the affronrs of our enemies. For by the knowledge hereof, you will be greatly stirred up to show your courage. Aegid. Regius de act. supern. disp. 31. dub. 5. n. 85. Bannes' 2. 2. 9 40. art. 1. Molina tract. 2. disp. 113.  Certainly, denuntiations, as we shall show hereafter, were wont to be made openly, and the cause expressed, that all mankind, as i●… were, might examine and know the justice of it. Prudence indeed is a virtue (as it seemed to Aristotle) proper to Governors; but Justice to man, as he is man. Now, in my judgement, that opinion of Adrian is clearly to be followed, if the subject not only be in doubt, but is induced by probable Arguments, and inclined rather to believe that the war is unjust: especially, if it be not defensive, but offensive. And so it is probable, that the Executioner of a man condemned, either by his presence at the Trial, or by the confession of the party, ought so far to understand the case, that he may be afraid he hath deserved death 
† Wherefore the servants of Saul, more honest than Doeg, would not slay the Priests of Nob, their cause being unheard, 1 Sam 22. 17. And Ahabs third Captain of fifty would not hurt Elij ab 2 Reg. 1. 13. And some Executioners, converted to Christ, afterward used not this office, as unsafe. Vide Martyrol. & 〈◊〉 l. 1. c. 7. : which, in 〈◊〉 paces, is the custom: and the Hebrew Law 
* Deut. 17.  looks this way, when, in the st●…ning of one condemned, it requires the witnesses to go before the people.   

CXXXVII. Such are to be dispensed with, upon payment of extraordinary Tribute.  
MOreover, if the minds of the Subjects 
Silu. in verb. Bellum. p. 101. 7. circa fin.  cannot be satisfied by Declaration of the cause, it will certainly be the office of a good Magistrate, rather to impose upon them double Contribution, than military service; especially when there are not wanting enough Volunteers to serve. Whose will, not only good, but evil too, a just King may use, as God doth use the ready service of the Devil and wicked men: and as he is without fault, who being in need of money takes it up at hard rates from an oppressing Usurer. Yea further, if there can be no doubt made about the Cause of the war, nevertheless it seemeth to be much against equity, that Christians against their wills should be compelled and pressed Soldiers, seeing, to abstain from war, even when it is lawful to wage it, is a point of greater sanctity; which was exacted both of Clergymen and Penitents, and to all other persons many ways commended. Origen to Celsus objecting against the Christians, that they declined war, shapes this Answer: To Infidels, who would 
Origen. cont. Celsum.  have us go to war for the Commonwealth, and kill men, we will answer thus, They that are Priests of your Idols, and Flamens of your reputed Gods, keep this hands pure for sacrifices, that they may offer them to your supposed Gods, with hands unbloody, and defiled with no slaughter: nor are your Priests listed soldiers in any war. Now, if that be not without reason, how much more than other soldiers, are our men in their way to be accounted militant, as the Priests and worshippers of the true God, who indeed keep their hands pure, but strive with Godly prayers, on behalf of those that fight in just Commander?, and of him that is the just Commando? In which place he styleth all Christiars Priests, after the example of the holy writers, Apoc. 1. 6. 1 Pet. 2. 5.   

CXXXVIII. When the arms of Subjects are just in an unjust War.  
ANd I am of opinion, it is possible, that, in a war not only doubtf●… but manifestly unjust, there may be some defence just on the subjects part. For seeing an Enemy, through waging a j●… war, hath not true and internal right (except for necessary defence, or byconsequence and beyond his purpose) to kill subjects innocent, and far remote from all blame of the war; (and such are not obnoxious to punishment;) it followeth, that, if it certainly appear, the enemy comes with such a mind, that he will 〈◊〉 no wise (though he be able) spare the life of his enemy's subjects; it followeth, I say, that these subjects may stand in their own defence by the right of Nature, whereof they are not deprived by the law of Nations. Neither shall we say (upon this) that the war is just on both sides: for our question now is not concerning the War, but concerning a particular and determinate action; which action, though of one otherwise having right to war, is unjust, and therefore is justly repelled.   
The End of the Second Part.  
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉   

HUGO GROTIUS OF WAR AND PEACE.  
III. PART.  

I. How much is lawful in War. General Cap. 1. Rules. First, Things are lawful in War, which are necessary to the end.  
Who may wage war, and for what causes, we have seen. It follows that we weigh what and how much 
† Aug. epist. 70. ad Bonisac. come. That you may be faithful in wars (if you must needs be engaged in them) sack peace. Epist. 205. Even in war be peaceable. Belisarius in Procoplus Vand. 1. hath an excellent speech to his Soldiers, of Justice in waging War. Orosius saith of Theodosius, that 〈◊〉 war was begun by a pious necessity, ended by a divine feli●… and neither his fights bloody, nor his victory insolent and 〈◊〉 vengeful.  is lawful in war, and in what manner. Which is either nakedly considered, or upon promise antecedent. Nakedly; First, by the Law of Nature Secondly by that of Nations. What is by nature lawful let us consider thus. First, as we have said afore, the things that lead to any end in moral matter receive 〈◊〉 intrinsic estimation from the end it 〈◊〉 
* Vict. de ju. bell. n. 15. ; wherefore we are understood to have a right to those things, which are necessary to the end of Right to be attained; necessary I mean, by a necessity taken n●… according to Physical subtlety, but mo●…ly: and right I mean, that which is strictly so called, and signifies a faculty of D●…ing in sole respect of Society. Where●…, if I cannot otherwise save my life, it is lawful for me, by any kind of force, to keep off him that assalts it, though haply he may be without fault, as we have noted elsewhere: because this right ariseth not properly from another's sin, but from the right which nature granteth me in my own Defense. And further, I may invade 
Vict. de jur. bell. n. 18. & 39 & 55.  that which is another man's, without consideration of any fault of his, if any certain danger be imminent to me from that thing: Yet may I not become Lord thereof; (for this is not accommodate to that end;) but keep it until I may be secured; which hath been also said 
* 2. Part. 21.  above. So, I have naturally a right to take away from another that thing of mine which he ●…eceineth: and, if I cannot the same, something equivalent; as also, to obtain 〈◊〉 debt. Upon which causes Dominion 
Syl. in v. hell. p. 1. n. 10. v. pr.  ●…ollows too, because equality impaired ●…annot be repaired otherwise. So, where ●…unition is just, just also is all force, without which it cannot be exercised; and ●…ust is every thing which is a part of punishment, as the waist made by fire or other way, being within fit measure, and such as is answerable to the fault.   

II. The second Rule, Right is considered, not only in respect of the first, but after-causes.  
SEcondly, we must know, that our right is not to be considered only by the beginning of the war, but by causes arising after; as also in Trials of Law, after the suit commenced, a new right oft ariseth to a party. So, they that gather to my Assailant, whether Associates or Sub●…ects, yield me a right of defending myself against them also. So, they that mix themselves in a war which is unjust, especially if they may and aught to know it to be unjust, oblige themselves to repair the charge and damage, because by their fault they do it. So, whosoever engage in a war undertaken without probable ground, do also make themselves obnoxious to punishment, by reason of the iujustice 〈◊〉 herent in their act. And thus Plato 〈◊〉 proves of war, until they that are 〈◊〉 be compelled to make satisfaction to the ●…nocent, whom they have wronged.   

III. The third Rule. Some things follow without injury, which could not be lawfully intended.  
THirdly, we must observe, Many things follow upon the righr of Doing, indirectly, and without the purpose of the Doer 
† Vide Th. 1. 2. 9 73. art. 8. Molinam tr. 2. disput. 121. , to which there was no right directly and by itself. How this hath place in self-defence we have explained elsewhere. In like manner, that we may recover 〈◊〉 own, if just so much cannot be taken, we have a right to take more; yet under this obligation, of restoring the price of that which redounds. So may a ship filled with Pirates, or a house with Thiefs be b●…tered with guns, though in the same ship or house are a few Infants, women or other innocent persons thereby endangered 
† Nec reus est mortis alienae, inquit Augustinus, qui suae possessioni murorum ambitum circumduxit, si aliquis ex ipsorum usu percussus intereat, Ad Pabl. epist. 154. . But, as we have noted often, that is not perfectly lawful always, which agreeth with right strictly taken. For, o●…times Charity to our neighbour will not permit us to use strict and extreme right. Wherefore, those things which happen beside our purpose, and are foreseen that they may happen, must also be within our Caution, unless the good to which our action tendeth, be much greater than the evil which is feared: or, un●…ess, when the good and evil are equal, ●…he hope of good be much greater than the fear of evil; which is left to be determined by Prudence: yet so, that always in 〈◊〉 doubful case we must incline to that ●…art as the safer, which provides for Another more than for ourselves. Suffer the 
Matth. 13. 29. Th. 2. 2. q. 64. art. 2.  ●…ares to grow, saith the best Master, lest while you would pluck them up, you pluck ●…p the wheat too. And Seneca saith, It 
Sen. in fine l. 2. de Clem.  〈◊〉 the power of Fire and Ruin to kill ma●…y without making difference. Histories teach us, with what serious repentance Theodosius, by Ambrose's direction, expiated such immodesty of revenge. Neither is it to be drawn by us into example, ●…f God at any time doth such a thing, by ●…eason of that most full right of Dominion he hath over us, which right he hath not granted us to have one over another, as we have before noted. Notwithstanding, the same God, Lord of men by his own right, for the sake of a very few good men, is wont to spare, even a great multitude of the bad; and thereby testifies his equity, as he is a Judge, as the Conference of Abraham with God concerning Sodom 
Gen. 18. 23 & seq.  clearly shows us. And by these general rules it may be known, how much is lawful against an enemy Naturally.   

IU. What is lawful against them, that send things to the Enemies.  
IT is also enquired, what is law●… against them, who are not enemies, or would not so be called, but furnish the enemies with some things. For, both of old and of late, we know there hath been sharp contention about it, some defending the rigour of war, others the Freedom of Trade. First, we must distinguish of the things themselves. For some things there are that have use only in war, as arms; some, that have no use in war, as those that serve for pleasure; some, th●… have use, both in war, and out of war, as money, victuals, ships and things belonging thereto 
* Athenis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, i. e. evehi vetita, lina, utres, lignum, cera, pix. Scholiastes ad Aristophanis Nubes & Equires. . In the first kind, true 〈◊〉 that saying of Amalasuintha to Jus●…nian 
* Procopius Goth. 1. Vide Parutam lib. 7. , They are on the enemy's party that supply the enemy with Nece●… for the war. The second kind hath 〈◊〉 cause of complaint. So Seneca saith, b●… will make requital to a Tyrant, if th●… benefit will neither give any new streng●… unto him to do public mischief, nor ●…fim the strength he hath. That is, which may be rendered him without the hurt 〈◊〉 the Commonwealth: for explicati●… whereof he addeth, I will not help him 〈◊〉 Money to pay his Guard; but if he shall 〈◊〉 sire Marbles and Robes, such thin●… hurt not others, only they minister to his Luxury; Soldiers and arms I will not supply him with; if he shall seek for Players and Recreations to soften his fierceness, I will gladly offer them. Ships of war I would not send him, but such as are for pleasure and ostentation of Princes sporting in the Sea I will not deny. And in the judgement of S. Ambrose, to give to one 
Lib. 1. c. 30. De Offic.  that conspires against his Country, is a liberality not to be allowed. In that third kind of doubtful use, the state of the war is to be distinguished. For, if I cannot 
Can. in c. I●…a quorund. ad liberand. de Judaeis.  defend myself, unless I intercept the things sent, Necessicy then, as we have elsewhere said, will give a right, but with the burden of restitution, except some other cause accede. But, if the apportation of those things hinder the execution of my right, and he could know so much who brought them; as, if I had straightened 〈◊〉 town with siege, or shut up havens, and were now in expectation of their yielding or compounding; He shall be liable for the damage by his fault done me, like ●…ne that hath taken my debtor out of prison, or hath helped him to escape, whereby I am injured; And according to the 
Silu. in verb. Restitutio. p. 3. §. 12.  ●…easure of my loss, his Goods also may ●…e seized, and brought under my command, to the end I may obtain my Due. ●…f he hath not yet done any damage, but hath been willing to do it, there will be a ●…ight, by retention of the things, to compel him to give Caution for the future, by hostages, pledges, or some other way. But, if moreover my enemy's injustice toward me be most evident, and He confirm him in that most unjust war, in this case He will not only Civilly be liable, but Criminally, as one that rescues a person manifestly guilty from the Judge at hand; and, for that cause, it 〈◊〉 be lawful to determine against him that which is meet for his offence, according to what we have said of punishments: wherefore within that measure He may also be spoiled. And, for these reasons, They that wage war, are accustomed to give public notice 
† See an example hereof in Camden, 1591. 1598. Yet were not such significations always regarded, but with difference of times, causes, places. The Hollanders in the heat of the war between Suedia and the King of Polonia never suffered themselves to be interdicted the Commerce with either 〈◊〉 The same, having war with Spain, intercepted the French sh●… passing to or from Spain, but restored them. The same Hol●… dear having a Navy before Dunke●…k, suffered not the Engli●… Merchants to enter there.  thereof to other nations, to the end that both the right of their Cause, and the probable hope they have to execute the same, may appear to all. Now, for this question: we have therefore referred it to the right of nature, because out of Histories we could find nothing constituted thereof 
† Many things pertaining to 〈◊〉 question are in the Danish History of the learned Meursius' 〈◊〉 & 2. Camdenum vide an. 1589. 1595.  by the voluntary Law of Nations. The 
* Polyb. 1.  Romans, who had brought victuals to the enemi●… of Carthage, were taken by the Carthoginians, and again rendered upon reque●… Dematrius 
* Plutarch. Demetrio. , when he possessed Attica with his Army, and had taken the neighbouring Towns Eleusis and Rhamnus, intending to famish Athens, hanged up both the Master and Governor 
† Not much unlike is that which Plutarch relates of Pompey, in the history of the Mithridatic war: He set a guard on Bosphorus, to observe if any Merchants sailed in thither. Whosoever were taken were put to death.  of a ship about to bring in corn, and by that means deterring others got the City.   

V. Whether it be lawful to use Guile in War.  
AS to the manner of acting, force and terror is most proper to wars: whether it be lawful also to use guile, is a question. For Homer, and Pindar, and Virgil, do all concur in this sentence 
† Homer: five dolo, seu vi manifesta, clamve palamve. Pindatus: Quidvis agendo scilicet hostica Delenda vis est. Virgil: Dolus an virtus quis in host requirat? Sequitur ipse Ripheus justissimus unus Qui fuit in Teucris & servantissimus aequi. :  
Your Enemy, you lawfully may spoil,  
Whether by open force, or secret guile.  
And Solon, so famous for his wisdom, followed this Rule, and Fabius Maximus in Silius 
* Silius: Exin vi●… placult dolus.  helpeth his valour with cunning. Ulysses, in Homer, the exemplar of wisdom, is every where full of subtle devices against the enemy: whence Lucian concludes, They are worthy of 
Lucian. Phil.  praise that deceive him. Xenophon said, Nothing is more profitable in War than 
Xenoph. de Cyri Justit. lib. 1. Thucud. lib. 5.  Deceits; and Brasidas in Thucydides holds it to be a singular commendation to overreach 
* Belli surta vocantur & apud Virgilium Aen. 11. Plutarch. Apoph. Polyb. lib. 9  the enemy; and Agesilaus in Plutarch thinks it very just and lawful. Polybius is of opinion, that things done by strength in war are inferior to those done by wit: and out of him Silius brings in Corvinus speaking thus 
* Sil. l. 5. Bellandum est astu: Levior laus in duce dextra Muhammedis dictum simile: Elharbu hadiatum. i e. Pugnae fraudem requirunt. Apud Virgilium in Comita u Martis, Irae Insidiaeque. Ubi servius: Non tantum virtute, sed insidiis comitatum se ostendit. ;  
— Less praise I gain  
By my strong hand: I war by a strezg brain.  
And Plutarch notes, that those severe Laconians were of the same judgement, and that He offered a greater sacrifice, who had effected his work by strategem, than by plain battle. The same Author magnifies Lysander 
† Plutarch compares with him, Sylla, who had in him, as Carbo said, as much of the Fox as the Lion. D. lib. 1. de dolo L. nihil. de capt. Eustach. ad Iliad. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Quast. 10. super 〈◊〉  for his various flights of war, and reckons it amongst the praises of Philopemen, that being instituted in the Crotian discipline, he had allayed tha●… blunt and hardy manner of warring 〈◊〉 deceits and stealths. Ammianus saith, All prosperous events of war are to be praised, without making difference between Valour and Craft. The Roman Lawyers call it an honest craft, if one devised i●… against an enemy, and say, it matters no●… whether one escape the enemy's power 〈◊〉 force or fraud. Among Divines, Augustin: When a just war is undertaken, is no difference in point of right, whether one fight with open force, or lie in wait. 
1. De Sacerdot.  And Chrysostom; Generals are most prais-worthy, that have got the victory by stratagem. Howbeit, there are not wanting Opinions that seem to persuade the contrary: some of which we will allege anon. The determination of this Question depends on that, whether Gild or Deceit in general be of the number of Evils, concerning which it is said, Evil is not to be done, that Good may come of it; or of such as are not evil universally, and in their own nature, but may haply and in some cases be good.   

VI Guile in the negative act is not unlawful.  
IT is therefore to be noted, that Guile either consists in a negative act, or in a positive. I extend the word to those things 
L. 1. §. Do'um malum. D. de dolo malo.  that consist in a negative act, upon the authority of Labeo, who refers it to Guile, but not evil, when one doth defend his own or another man's by dissimulation. Doubtless, it was too crudely spoken by 
De offic. 1.  Cicero: Our whole Conversation ought to be free from simulation and dissimulation 
Lib. contra mend. cap. 10. Tho. 2. 2. q. 40. art. 3. in resp & q. 71. art. 7.  altogether. For, when as you are not bound to discover unto others all things that you know, or intent, it follows, that ●…o dissemble certain things before certain 
Silu. in v. bell. p. 1. n. 9  persons, that is, to hide and conceal them is very lawful. It is lawful, saith S. Austin 
* Idem in 〈◊〉. Psal. It is one thing to lie, another thing to conceal the Truth. , to cast the veil of dissimulation sometimes over the face of Truth. And Cicero himself, in more places 
† Pro Milone. & l. 7. epist. 9 & pre Cn. Planc.  than one confesseth it to be necessary and inevitable 
* Vide Chrysost. 1. de Sacerdotio. , especially to men of place in the Commonwealth. A notable example to this purpose, we have in the history á Jeremy, ch. 38. For, that Prophet being questioned by the King about the event of the Siege, upon the King's request prudently conceals the same before the Princes, alleging another cause of thee Conference, and that a true one too. Hither 
Gen. 20.  also may be referrd, that Abraham 
* Veritatem voluit celari, non mendacium ●…ici. Aug. qu. 20. in Genes.  calls Sara his Sister, that is, according to the manner of speech used then, his 〈◊〉 kinswoman, not revealing his marriage.   

VII. Guile in the Positive act, when lawful.  
GUile which consists in a positive act, if in things, is called Simulation; if in words, a lie. Some do thus distinguish between these two, saying, Wo●… are naturally signs of the mind, things 
Th●… 1. 2. q. 110. a. 3. in resp.  not so. But on the contrary 'tis true, tha●… Words, by nature itself and without th●… will of men, do signify nothing, unle●… perhaps it be a confused voice and ina●…culate, as in grief, which yet comes ●…ther under the appellation of a thing, th●… of a word or speech. Now, if this be 〈◊〉 that this is the peculiar nature of man above other creatures, that he can express 
L. Labeo. §. ult. D. de sup. Legata.  unto others the conceptions of his mind, and that words were found out to that end, they do indeed say what's true; but 'tis to be added, that such an expression is not made by words alone, but also by nods 
† Pllnius de Aethiopum gente lib. 6. 30. Quibusdam pro sermone nutus, motusque membrorian est. V. c. tuae fratern. de sponsal.  and signs, as to mutes, whether those nods have by nature some what common with the thing signified, or else do signify only by institution. To which are like those Notes, which do signify, not words figured by the tongue, (as Paul 
* Non figura, inquit, literarum, sed oratione quam exprimunt literae obligamur, quatenus placuit non minus valere quod scriptura quam quod vocibus lingua figuratis significaretur. Valde Philosophice dixit placuit, ut ostenderet haec valere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  the Lawyer speaks) but things themselves, either by some convenience and agreement with them, as hieroglyphics, or by mere will, as among the people of China. Wherefore, another distinction must be here given, such as is used to take away the ambiguity in the Word, Law of Nations. For this law is either that which hath pleased every nation without mutual tye, or that which doth mutually oblige. Thus, Words, and nods, and notes, which we have said, were found out to signify with mutual obligation 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot. de Interp. c. 4. : other things not so. Hence it comes to pass that 
L. non figura. D. de obl. & act.  it is lawful to use other things, though we foresee, that Another may thereupon conceive a false opinion 
† Vide Aug. de doct. Christ. lib. 2. c. 24. . I speak of that which is intrinsecal, not of that which is accidental. Therefore an Example is to be pu●…, where no nocument 
* As in the fact of Michol, 1 Sam. 19 16.  follows thence, or where the nocument itself, the consideration of the guile set aside, is lawful. An example of the former is in Christ, who to his companions going to Emma●…, made as though he would have gone farther; unless we had rather understand, he 
Luk. 24. 28.  had really an intent to go farther, Except they constrained him to stay; as God a●… is said to will many things which are not done, and elsewhere Christ himself is said 
Mar. 6. 48.  to have been willing to pass by the Apostles rowing, to wit, except he were e●…nestly entreated to come up into the 〈◊〉. Another example may be given in Paul, who circumcised Timothy, when he 〈◊〉 
Act. 16. 3.  knew the Jews would take it so, as if the precept of Circumcision, which was indeed abolished, did still oblige the Isrealites, and as if Paul and Timothy were 〈◊〉 that opinion: when yet Paul meant not this, but only to procure unto himself and Timothy a more familiar way of Conversation with the Jews. Nor did Circumcision any more, the Law Divine takes away, purposely signify such necessity nor was the consequent Evil of the present error, after to be corrected, of 〈◊〉 great value, as that good which Paul ha●… his eye upon, namely, the insinuation of Evangelical Truth. This simulation th●… Greek Fathers often call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
† So it is to be called, not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, frauds, saith Ch●…ysostom in his first De Sacerdotio. The same in his up●… 1 Cor. 4. 6. This was not fraud, but a kind of compliance and c●…pensation. Hither may be referred David's counterfeit mad●… . 〈◊〉 which is extant an excellent sentenc●… of Clemens Alexandrinus speaking of a good man thus: For the good of his 
Liv. l. 5.  Neighbour he will do some things, which otherwise of his own accord, and by a primary intention he would not do. Of this sort is that in the war of the Romans, who threw loaves from the Capitol into the guards of the enemies, to possess them with a belief, that they were not straightened with hunger. An example of the later is in a feigned flight, such as Joshua gave in 
Jos. 8.  command to his men, that they might conquer Ai; and other Captains often. For here, the nocument that follows we 
Silv in verbo bell. p. 1. n. 9  prove to be lawful from the justice of war; and the flight itself, by appointment, signifies nothing although the enemy take it as a sign of fear, which mistake the other is not bound to acquit him of, using his liberty to go hither or thither, and with more or less speed, and in this or that posture or habit. Hither also is to be referred their act who are frequently read to have used the arms, ensigns, apparel, sails of their enemies. For all these things are of that kind, that they may be used of any at his pleasure, even contrary to custom; because the custom itself is introduced at pleasure of every one, not as by common consent, and such a custom obligeth no man.   

VIII. Whether Guile by acts signifying by agreement be lawful? The difficulty of the question.  
IT is a harder question concerning those notes, which, as I may say, are coversunt in the commerce of men, of which sort properly is a lie. For, there are many places in Scripture against lying. A righteous (i. e. a good) man hateth lying. 
Prov. 13. 5. Prov. 30. 8. Psal. 5. 7. Col. 3. 9  Remove far from me vanity and lies. Thou shalt destroy them that speak lies. Lie not one to another. And this part is rigidly maintained by Augustin: and there are among the Philosophers and Poets 
† Aliena vero prol●…qui nunquam decet Sophocles. Mendacium odit quisquis animitus sapit. Cleobulus. , that have the same opinion. That of Homer is famous;  
Whose mind thinks one thing, and his Tongue doth tell  
Another, I hate like the pit of Hell:  
Aristotle said, A lie is of itself soul and vituperable, Truth fair and laudable. Yet, on the other side is not wanting Authority neither; first, Scripture-examples 
* Irenaeus learned of an old Priest, and taught, Things, of which the Scripture passes no censure, but setteth them down simply, are not to be condemned by us. l. 4. c. 50.  of men approved without any note of reprehension; next, the sayings of the ancient Christians, Origen, Clement, Tertullian, Lactantius, S. Chrysostom, S. Hierom, Cassian, yea almost all, a●… S. Augustin himself confesseth, so dissenting, that he doth nevertheless acknowledge it to be a great question, dark, and subject to various disputation of learned men. Among the Philosophers, plainly stand on this side, Socrates and his Scholars, Plato, Xenophon, and Cicero 
Plato 1. & 2. & 5. de repub. Xenoph. 4. Socrat. Plut. de Stoic. comract. Quintil. 12. 1.  somewhere; and, if we believe Plutarch and Quintilian, the Stoics: who, among the gifts of a wise man, mention a dexterity to lie, when, and as one ought. Nor doth Aristotle seem to descent in some places: whose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by itself, in the saying afore, may be expounded commonly, or the thing being considered without circumstances. And his Interpreter Andronicus Rhodius saith of a Physician 
Nic. 7. 3. 4. Nic. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  lying to his Patient, He deceives indeed, yet is he not a Deceiver: He adds the reason: For his purpose is not to deceive, but to preserve the diseased. Quintilian pleading on this side, saith, There are very many things, which are honest or dishonest, not so much in the doing, as in the causes of them. 
† Diphilus: 
Quod pro salute dicitur mendacium  
Me judice habere nil potest incommodi  
Quaerenti apud Sophoclem Neoptolemo,  
Non tibi videtur turpe falsiloquentia?  
Respondet Ulysses,  
Non, si salus nascatur ex mendacio.  
Cui similia ex Pisandro & Euripide adseruntur.   And in the same Orator I read, It is sometimes granted to a wise man to tell a lie. Eustathius Metropolitan of Thessalonica, upon the second of the Odysseys: A wise man will lie, upon urgent occasion 
† 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, In tempore, ut Donatus loquitur ad Adelphos 4. 3. Et ipsum fallere in tempore, quidam de Officiis scribentes rectum putac●. Cicero pro Q. Ligario, aliquod mendacium honestum & miserico● vocat. : Where he also allegeth testimonies out of Heredotus and Isocrates.   

IX. Not all use of speech, which may be known will be taken in another sense, is unlawful.  
HAply some Reconciliation of so disagreeing sentences may be found out from the larger or stricter acception of a lie, Neither do we here take a lie, as it falls from a man unwittingly 
* The Tongue is not made guilty, but by a guilty mind. And, No man is to be censured for lying, who speaketh false, which he thinketh true; because, as for his part, he deceiveth not, but is deceived. August. de verb. A oft. Serm. 28. & Enchir. c. 22. ; as, to lie, and to tell a lie, are distinguished in Gellius 
† Gellius l. 11. c. 11. Mentiri & Mendacium dicere. : but we speak of that, which is knowingly uttered with a signification that agrees not with the conception of the mind, whether in understanding, or in willing. For, that which is first and immediately showed by words and the like notes, are the conceptions of the mind: Therefore, he doth not lie, who speaketh a false thing, that he thinketh to be true; but, who speaketh a thing true indeed, which yet he thinketh false, He lieth. It is then the falsity of signification, which we require to the common nature of a lie. Whence it follows, when any word or sentence is equivocal and admitteth more significations than one, (whether from vulgar use, or custom of art, or some intelligible figure) then, if the minds Conception agreeth to one of those signications, a lie is not made though it may be thought the hearer will take it another way 
† So Abraham spoke captiously with his servants, as Ambrose takes it and approves it: whom Gratian follows, post. c. si quaelibet. causa 22. q. 2. . True indeed it is, such a speech rashly used is not to be approved; but it may be honested by the causes annexed to it; viz. If it pertain to the instruction of him that is committed to our care, or to the avoiding an injurious question. Christ himself hath given us an example of the former sort, when he said, Our friend Lazarus sleepeth, which the Apostles received as if 'twere spoken of taking his rest in sleep. And, what he had said about 
Jo. 11. 11.  restoring the Temple, meaning it of his Body, 
Jo. 2. 20, 21.  he knew the Jews understood of the Temple properly called so. So, when he 
Luc. 22. 30.  pronised to the Apostles twelve seats of honour and next unto the King, after the manner of the Princes of Tribes among the Hebrews (and elsewhere, the drinking 
Matth. 26. 25.  of new wine in his Father's Kingdom) he seems to have known well enough, that this would not otherwise be taken by them, than of some Kingdom of this life; 
Act. 1. 6.  with hope whereof they were full, to the very moment of Christ's Ascension into Heaven. The same our Lord, by the Ambages of Parables speaks unto the people, that hearing they might not understand him; that is, unless they did bring such attention and docility, as was meet. An example of the later sort may be given out 
Tacit. Annal. 6.  of profane history in L. Vitellius, with 〈◊〉 Narcissus was instant, that he should speak openly, and tell him the plain truth yet he did not so prevail, but that he gav●… answers doubtful, and inclining whither they were drawn 
† Idem Tacitus Histor. 3. Incerta disseruit, tracturus interpretationem, prout conduxisset. . The saying of the Hebrews 
* Quorum & hoc est: Licet perplexè loqui boni causa. Citat doctissimus Manasses Ben Israel in suo Coaciliatore quaest. 37.  is pertinent here: If one knows to use the perplexed speech, well; if no●…, let him hold his peace. On the contrary, it may happen, that to use such a kind of speaking may be not only illaudable, but wicked, as, when the honour of God 
† Philo de vita Mosis: De factis loquor, quae ad Dei bonorem pertinent, in quibus solis veracem esse oportuit, eliamsi quis coeterùm ing●…nip esset mendace. Veritas enim Dei Comes.  or Love due to our Neighbour 
* Aeschylus Prometheo: 
Dicam diserte quicquid audire expetis,  
Sermone nudo, non per implicitos modos,  
Quo more amicos al loqui verum ac bonum est.  , or reverence to our Superior, or the nature of the thing in hand, exact, that the thoughts of the heart be made apparent clearly in the words, as in contracts we have said, that is to be opened, which the nature of the contract is conceived to require; in which sense that of Cicero may be fitly taken: All lying is to be banished out of contracts and bargains; taken from an old Attic Law 
† Lex Attica, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Demosth. in Leptinem. . Where the word, Lying, seems to be understood so large, that it includes also as obscure speech. But, speaking properly we have now excluded it from the notion of a lie.   

X. The form of a lie, as it is unlawful, consists in its repugnance to the right of Another.  
IT is then required to the common notion of a lie, that what is said, written, noted, intimated, cannot otherwise be understood, than in that sense, which is different from the mind of the Author. And to this larger notion, the stricter signification of a lie, as it is naturally unlawful, must needs add some proper difference: which, if the matter be rightly examined, at least according to the common estimation of Nations, no other seems possible to be given beside the repugnance with the existing and remaining right of him to whom the speech or note is directed. For, that no man lies to himself, how false soever he speaketh, is plain enough. Right I understand here, not of every sort, and extrinseeal to the thing, but, which is proper and connate to this business. And this is nothing else but the liberty of judging 
† Hence the Hebrews say, He steals away the heart, who takes away the means of knowing, Gen. 31. 20, 26, 27. and Onkelos and the LXX. there. Robbi David lib. radicum. & Rab. Salomo in Comment. & Abenesd. , which Men speaking together are, as 't were by a certain tacit agreement, understood to owe unto them whom they speak. For this and no other is that mutual obligation, which men had consented to introduce, so soon as they instituted the use of words and the like notes: without which obligation, such an Invention had been in vain. And we require, that, at the time of speaking, that right sub●… and remain: for, it may fall out, that the right that was may be taken away by another right supervenient; as a debt, by acceptilation, or cessation of the condition. It is required further, that the right which is impaired be his with whom we speak, not another's; as also in contracts, injustice is not, but from the impaired right of the contractors. Hither perchance you may not amiss refer, that Plato after Simonides reduces Truth of speech to Justice 
Lib. 1. de Repub. ; and, that the holy Scriptures oftentimes describe that forbidden lie, by a testimony or speech against ones neighbour; and, that S. Augustin himself, in constituting the nature of a lie, puts the intent of deceiving 
† Lactant. instit. 6. 18. ut non mentiatur unquam decipiendi aut nocendi causa. . And Cicero will have the question of speaking truth referred to the fundamentals of Justice. Now, the right of which we have spoken, it seems, may be taken away, as by the express consent of him with whom we deal (as, if one hat●… foretold, he will speak false, and the other hath given leave:) so also by his tacit consent, or presumed upon good reason, or by opposition of another right, which, by the Common judgement of all men, is of much more value. Three things being well understood, will furnish u●… with many illations, conducing much 〈◊〉 reconcile the different opinions abov●… mentioned.   

XI. Five illations thence, about the Lawfulness of speaking false.  
FIrst, although something be spoken to an Infant, or one beside himself, that hath a false signification, therein is not the crime of a lie. For it seems to be permitted by the common sense of all men, that the simple age of Children be pleased 
Lucret.  with fictions. And Quintilian speaking of Children, saith, We feign many things for their benefit. The next reason is, seeing Infants and mad men have not liberty of judgement, there can be no injury done them, as to that liberty. Secondly, as oft as the speech is directed to him who is not deceived, though a Third draw from thence a false persuasion, it is no lie: Not ●…n respect of him, to whom the speech is; because his liberty remains entire even as theirs to whom a Tale is told which they understand to be a Tale; or to whom is uttered a figurative speech, ironical or hyperbolical (which figure, as Seneca 
* 7. De benef. 21. Senea ibid. Incredibilia affirmat, ut ad credibilia per veniat.  ●…aith, by a lie arrives at truth, and is called by Quintilian a lying superjection:) Nor in respect of him who hears it on the by; because the speaker hath nothing to do with him, and so to him there is no ●…bligation. Yea, if himself create to himself an opinion of that which is not said ●…o him, but to another, he hath somewhat ●…o impute, not to another, but to himself. For, if we will judge rightly, in respect of him, the speech is no speech, but a thing of an uncertain signification. Wherefore, neither was Cato Censorius in any fault, who falsely promised aid to the Confederates; nor Flaccus, who told others, that the enemy's City was taken by Aemilius, though the enemies were deceived thereby; 
Liv. lib. 34. Appian. Hisp.  the like whereof Plutarch relates of Agesilaus. For, nothing was here spoken to the enemies; and the nocument that followed thence, is a thing extrinsical, and by itself not unlawful to be wished or procured. To this kind Chrysostom & Hierom 
* Add Cyrillum adversus Julianum lib. 9 circa finem. nec multo aliter Tertull. 1. & 3. cont. Marcionem.  have referred the speech of Paul, wherewith he reprehended Peter, as too much Judaizing, at Antic●…; For they think Peter understood well enough, it was not serious; and in the mean, care was had for the infirmity of the Bystanders. Thirdly, as oft as it is certain, He, to whom the speech is, wi●… not take in evil part the impairing of his liberty in judging, yea will give thanks for the same, by reason of some commod●…ty he attains thereby; then also, a lie strictiy called so, that is, injurious, is not made: as, He would not commit These who, upon presumption of the Masters will, should spend some small matter o●… his, to the end he might thence gain hi●… great profit. For, in these things whic●… are so certain, the will presumed is a●… counted for the express. And to a willi●… man, 'tis certain, injury is not done. So then, he seemeth not to sin, who either com●…ortech a sick friend with a persuasion not true, as Arria comforted Paetus, his son being dead; which History is in pliny's 
Plin. epist. 3. 16.  Epistles: or addeth courage to one ready to lose the battle, by a false report; that revived by it, he may get victory and safety to himself, and being so deceived may not be taken 
* Ac sic deceptus non capiatur. , as Lucretius speaks. Democritus: We must by all means speak the truth, where it is better. 
Lucret.  Xenophon; We may deceive our friends for their good. And Clemens Alexandrinus grants, We may use a lie for a remedy. Maximus Tyrius: The Physician deceives his Patient, the General his Soldiers, and the Master of the ship the Sailors: nor is there any hurt in this. Proclus on Plato gives the reason: For that which is good, is better than the truth. Such is that in Xenophon, That the Confederates are at hand: and that of Tullus Hostilius, That 
Xenoph. 4. Socr.  by his command the Alban wheeled about: and that wholsomely, as Histories call it, of the Consul Quinctius, That the enemies fled in the other wing: and the like 
Livius lib. 34.  everywhere in the Historians 
† Agcsilaus being come into Boeotia, having understood that Pisander was overthrown at sea by Pharnabazus and Conon, commanded a contrary report to be dispersed among his Soldiers, and putting on a Crown offered Sacrifice for the Victory, Plutarch, Agesil. [See the History of the famous Montross, in the battle of Aldern. Lat. p. 112.] . And in this kind, it is to be noted, the hurt of the judgement is so much less, because most part it is momentany, and within a little while the Truth is manifest. A Fourth Instance and near to the former is, as oft as He that hath a right supereminent 
* Iliad. 2. Agamemnon's Graecorum Imp. Ante tamen Danaos verbis tentabo (sinit fas) utque cite sugiant aerata classe monebo. Plato 3. the rep.  over all the rights of Another, useth that right for his good, whether proper or public. And this especially Plato seemeth to have regarded, who grants to those that have command, to speak false. When he seemeth to grant the same sometimes to Physicians 
* Examples of Physicians are alleged by Chrysostom, l. 1. de Sacerdotio. , and sometime to deny it, we may perhaps reconcile him to himself by this distinction, making him understand in the first place Physicians publicly called to this office, in the Later them that privately assume it to themselves. Yet God, though he hath supreme power over men, cannot lie, as the same Plato rightly acknowledges, because it is a mark of infirmity to have such a refuge. An example of unblamable false speaking may perhaps be given in Joseph 
† Cum s●…atribus dispensatoria severitate crimen explorationis inureret, ait Cassiod. de amicitia.  (Philo approving it) who being Vice-Rey of Egypt feignedly accuseth his brethren, first as spies, then as thiefs, not having such an opinion of them: And in Sal●…mon, who gave a Specimen of the wisdom given him by God, when, before the women contending about the Child, he pronounced those words, which signified a will of dividing the Child, and yet meant nothing less, but intended to render her Child to the true Mother. It is a saying of Quintilian, Sometimes common utility 
Lib. 2. 18.  exacteth of us, to defend also what is false. A fifth may be, as oft as the life of an innocent person, or something equal to it, cannot otherwise be saved; and Another cannot otherwise be averted from perfecting some wicked enterprise 
† Aug. in 5. ps. relatus à Gratiano in causam 22. quaest. 2. c. ne quis. Duo vero sunt genera mendaciorum in quibus non est mogna culpa, sed tamen non sunt sine culpa, cum aut jocamur, aut proximo consulendo mentimur. Illud autem primum in jocando ideo non est pernitiosum, quia no●…fallit; novit enim ille cui dicitur, causa jocandi fuisse dictum. S●…cundum autem ideo minus est, quia retinct nonnullam benevolentiam. Tertullian in his De pud citia, among the sins of daily incursion, to which we are all exposed, putteth, to lie upon necessity. . Such was the fact of Hypermemnestra 
* Splendide mendax, & in omne virgo Nobilis aevum. Horat. 3. Carm. 2. Ubi scholiastes, Decenter: pulchrum est enim pro justilia mentiri. Chrysostom of Rahab: O bravely, O laudable deceit, of one not betraying Divine things, but preserving true piety. Augustin of the Egyptian Midwives: O the great wit of Humanity, O piously for to save life! Hierom commendeth the same Midwives, and believes, rewards, and those eternal, were given them: upon Ezech. 17. and Es. 56. Augustin is doubtful, upon Exod. lib. 2. So is Aquinas 2. 2. q. 110. a. 54. and Cajetan there. To status saith, They did not sin. See the learned Masius on Josua, 2. 5. , who is wont to be praised upon this score.   

XII. False speaking, whether lawful toward enemies.  
A Larger licence, than this we have 
Lib. 2. de repub. Lib. 2. de Cariola inst. & 5 Socrat. Philo de migr. Ab.  speken of, is given by many wise wr●…ers, that determine it to be lawful to use false speech to enemies. So, to the Rule of not lying, this exception, unless to enemies, is added by Plato, Xenophon, Philo among the Jews; among the Christians Chrysostom 
* 〈◊〉 1. de Sacerd. Where he saith, I●… you call the Actions of the most noble Captains to the test, you shall find most of their trophies to be raised by fraud; and that such have more praise than Conquerors by open force. . Whither perhaps you may not amiss refer, that extent in holy Scripture, the lie of the Jabusues 
* 1 Sam. 11.  in the siege, and something like it of the Prophet Elisha 
* 2 Reg. 6. 18. & 8. to. as the Masorets and the vulgar La●… read it. Tho. 2. 2. q 110. art. 1. & 3. Co var. in c. quam v. de pactis in 6. p. 1 §. 5. n. 15. Soto de justitia 5. q. 6. art. 2. Tolet lib. 4. c. 21. l. 5. c. 58. Lesle l. 2. de justit. c. 42. dub. 9 ; and of Valerius Leu●…, who boasted he had slain Pyrrhus. To the third, fourth and fifth of those observations newly set down, perteins a place of Eustratius Metropolitan of Nicaa upon the sixth of the Ethics: Who rightly c●…sulteth is not one who necessarily speitk●… truth; for it may be that one rightly c●…sulting may consult how he may lie on purpose, either to his enemy, to deceive him o●… to his friend, to rescue him from 〈◊〉 examples whereof Histories are full of And Quintilian, If a Robber is to be averted from killing a man, or an enemy to be deceived for the safety of our Country, saith, that which otherwise is to 〈◊〉 reprehended in servants, will be co●…mendable in a wise man. Those saying do not please the Schools of later Age●… who have chosen S. Augustin 
† Against whose aftersentence in this matter, wrote Rupertus Abbas.  of all the Ancients, to be followed by them almost in all things. But the same Schools do admit tacit interpretations, so abnorrent from all use, that it may be doubted, whether it is not better to admit false speaking against some, in the cases mentioned, or in some of them, (for I take not upon me here to define any thing) than so indiscreetly to exempt from false speaking these sayings: as when they say, I know not, it may be understood, to tell thee: And, I have not, it may be understood, to give thec: and the like, which common sense, rejecteth and which if they be admitted will effect, that one affirming may be said to deny the same thing, and denying to affirm. For, it is most true, that there is no word but may receive a doubtful interpretation 
* Id. Chrysip. pus defendit apud Gellium l. 9 c. 12. Et Seneca de Benef. 2. c. 34. Ingens est copia rerum sine nomine, quas non propriis appellationib. not amus, sed alienis commodatisque. , seeing all, beside the significat of the first notion, as they call it, have another of the second 
† Augustinus de Magistro: Nullum nos signum comperisse, quod non inter caetera quae significat, se quoque significet. , and that various, according to various arts, and other senses too by Metaphor or the like figures. Neither do I more allow of their Device, who, as if they did abhor the word not the thing call them jests, which are uttered with a countenance and pronunciation most serious.   

XIII. This is not to be extended to promising words, nor to Oaths.  
MOreover, we must know, what we have said of false speaking is to be referred to asserting speech, and such as hurteth none but a public enemy, not to promising 
† Agesilaus and with him Plutarch distinguish so. To violate leagues is to contemn the Gods. Otherwise to deceive the enemy with words, is not only just, but glorious, profitable and the lightful. . For, upon promise, as afore we began to say, a special and new right is conferred to him, to whom the promise is made: and that hath place even amongst enemies, without any exception of hostility now being; nor only in express promises, but also in tacit, as in calling see parley; as we shall declare, when we come to that part, which is of keeping faith in war. And further, that is to be repeated out of our former Dissertation of Oaths, whether an oath be asser●… or 〈◊〉, it hath the virtue to exclude all exceptions, which might be derived from the person of him with whom we deal: because we have to do, not with man only, but with God, to whom we are bound by our Oath, although no right ari●…e to man. In the same place we have also said, that it is not in an Oath as in other words; wherein, that we may be excused from a lie, are admitted any Interpretations not altogether unusual; 〈◊〉 truth is exactly required in that sense, which the man that hears it, is supposed verily to understand. So that, their impiety is very much to be detested, who doubted not to assert, that as Children with toys, so men are to be deceived with Oaths.   

XIV. It is more grievous and agreeable to Christian simplicity, to abstain from false speech also against an enemy.  
WE know also, that some kinds of frauds, which we have said to be allowed naturally, were refused by some Nations or men: but that was, not out of an opinion of injustice, but by reason of a certain magnamity, and sometime confidence 
Arist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Nic. 4. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  of their own strength. In Aelian is extant a saying of Pythagoras, That man comes nearest unto God in two things: in speaking truth always, and in doing good to others: and in Jamblichus, 
Plutarch. Philo in his book, That every honest man is a free man, saith, They are wont to call deceitful & double-dealers, men of an illiberal and servile mind.  Veracity is said to be the Guide to all good both Divine and human. Aristotle's Magnanimous man loves to speak truth, and boldly. Plutarch saith, It is a servile thing, to lie. Arrianus 
* Lib. 1.  of Prolome: To him, being ae King, it was more dishonourable to lie, than to any other. Alexander 
* Lib. 8.  in the same historian; It is unworthy of a King, to speak any thing to his Subjects, but the Truth. Mamertinus of Julian: Admirable in our Prince, is the concord of his mind and tongue; He knows a lie is a sin, not only of a low and little mind, but servile too: and seeing that poverty indeed, or fear, make men liars, the Emperor that lies understands not the greatness of his fortune. Plutarcó commends Aristides, for his constant nature, holding fast that which is just, and abhorring to lie, though in sport. Prebus of Epaminondas: He was so stud●… of truth, that he would not lie, 〈◊〉 not 〈◊〉. Which indeed is the more to be observed by Christians, because simplicity is not 
Mat. 10. 16. Mat. 12. 36.  only commanded them, but vain speech forbidden, and He is proposed for an example, in whose mouth was found●… guile. Lactantius; That true and just Traveller saith not that of Lucilius, It is not my property to lie to my friend and familiar: but also to an enemy and stranger, he will think he must not lie: nor will he commit at any time, that his tongue the interpreter of his mind should disagree with his meaning. Such a one is Neoptelemus in Sophocles 
* In Philoctete Sophoclis, Neoptolemus Ulyssi ad dolos hortanti sic respondet: , excelling in a generous simplicity, as Dion Prusaeensis hath well noted. So, Alexander said he would not steal the victory. And Polybius saith, the Achaians abhorred from all fiaud against the enemies, because they esteemed that only to be a true victory, which drew a confession of it from the enemies themselves. Such were the Romans till the end of the second Punic war.  
Ego audiens quae dolto, Laerta sat,  
Implere factu a●…im multo magis:  
Nam sic nec ego sum natus, ut fallacias  
Secter, 〈◊〉 genitor, ut per●…bent meus:  
At sum paratus ut mera, non frau●…bus  
Pertrabere rapium.  
De Genitore ejus, Achille,  
Hor. carm. lib. 4. Ode 6.  
Ille non inclusus equo Minervae  
Sacra mentito, male feriatos  
Troas & l●…am Prtami chareis'  
Falleret Aulam:  
Sed palam captis gravis, &c Ubi Scholiastes dicit,  
Achillem 〈◊〉 fraud, sed semper palam Virtutis siducia dimicassc.  
Euripides Rheso:  
Generosus animus hostibus furtim necem  
Inferrenescit.  
Aelian: Valour is proper to the Romans, not victory gotten by fraud and cunning. Whence, when Perseus' King of Macedon was deceived by hope of Peace, the old Senators said, Those were none of the Roman arts; Their Ancestors never waged war to show their wit but their valour; They left such deceits to the Carthaginians and Greeks, who accounted it more glorious to ensnare the enemy than to beat him. And then they added: At present perhaps Deceit may be more profitable than valour, but a perpetual victory is obtained over his mind, who is forced to a confession, that he is overcome, neither by art nor chance, but by plain battle in a just and pious war. And in aftertimes, we read in Tacitus, That the 
Annal. lib. 〈◊〉.  Romans were wont to revenge themselves of their enemies, not by fraud, not secretly, but openly and in arms. Such also were the Tibarens, who did agree with the 
Scholiastes ad 2. Apollon.  enemy about the place and time of battle. And Mardonius in Herodotus saith the same of the Grecians in his time.   

XV. It is not lawful to make a traitor; it is, to use him.  
LAstly, to the manner of acting this is pertinent: Whatsoever is not lawful for any one to do, to impel or sol●…cite him to do it is not lawful neither. For example; It is not lawful for a subject to kill his King, nor to yield up Towns without public Counsel, nor to spoil the Citizens. To these things therefore, it is not lawful to tempt a subject, that remaineth such. For always, he that gives cause of sinning to another, sins also himself. Nor may any reply, that to Him, who impelleth such a man to a wicked act, that act, namely the kill of his enemy, is lawful. He may indeed lawfully do it, but not in that manneer. Augustin well: It is all one, whether yourself commit a sin, or set another to do it for you. It is another thing, if, to effect a matter lawful for him, one use the offered service of a man sinning without any other impulse but his own: That this is not unjust we have proved elsewhere by the example of God himself. We receive a fugitive by the Law of War, saith Celsus 
† L. Transfugam. D. de acq. rerum dom. ; that is, It is not against the Law of War, to admit him, who having deserted the enemy's part, electeth ours 
* Nor are such to be rendered, except it shall be agreed in the peace, as in the peace with Philip, the Aetolians, Antiochus. Polyb. in excerp. Legat. 9 28. 34. Menander protector idem nos docet. .   

XVI. Goods of Subjects bound for the Ruler's debt. Naturally, none is bound by another's deed but the Heir. 
Cap. 2.   
LEt us come to those things, which descend from the Law of Nations. They belong partly to every war, partly to a certain kind of war. Let us begin with generals. By the mere Law of nature, no man is bound by another's act, but the successor of his goods: for, that Goods should pass with their burdens, was introduced together with the dominion of things. The Emperor Zeno saith, It is contrary to natural equity, that any 
L. unica. c. ut null. ex vicanis c. ne uxor pro mar. & we fill. pro patre, tot is titulis.  should be molested for other men's debts. Hence the Titles in the Roman Law, That neither the wife be sued for the Husband, nor the husband for the Wife; nor the Son for the Father, nor the Father or Mother 
L. sicut. §. 1. D. quod cujusque univers. nom.  for the Son. Nor do particular men owe that which the Community owes, as Ulpian hath it plainly: to wit, if the Community hath any Goods: for otherwise, particulars are bound as they are a part of the whole. Seneca; If one lend my Country 
Lib. 6. de Benes. c. 20. etc. 19  money, I will not call myself his debtor: yet will I pay my share. He had said afore, Being one of the people, I will 〈◊〉 
Vide Leges Siculas in sine l. 1.  pay as for myself, but contribute as for 〈◊〉 Country. And, Every one will owe, not 〈◊〉 a proper debt, but as a part of the public. Hence it was specially constituted by the 
D. L. unica. c. ut null. ex vicun. l. 11. l. nullam. c. de execut. & exact. lib. 12.  Roman Law, that none of the Villagers should be tied for the other debts of Villagers: and elsewhere, no possession of any man is charged with the debts of others, no not with the public debts: and 
Novel. 52. & 134.  in the Novel of Justinian, Pignorations 
† C. unico de injuriis in sexto: Pignorationes, quas vulgaris elocutio repressalias nominat. Rectius scribas ut libri quidam, reprensalias. Id enim voci Saxonicae Withernamii ad amussim respondet, sed usus alterum receipt.  for others are prohibited, the cause being added, that it is against reason for one to be charged with another's debt: where also such exactions are called odions. And King Theodoricus in Cassiodore 
* Lib. 4. Var. epist.  calls this Pignoration of one for another a wicked licence.   

XVII. By the Law of Nations Subjects are tied for the debts of the Ruler.  
ALthough these things be true, yet by the voluntary Law of Nations it might by induced, and it appears to have been induced, that, for that which any Civil Society, or the head thereof, aught to make good, either by itself primarily, or because in another's debt it hath also made itself liable by not doing right; for that, I say, are tied and bound all corporal and incorporal Goods of them that are subject to the same society or head. And it was a certain necessity that effected this; because without this, great licence would be given to the doing of injuries, seeing the Goods of Rulers oftentimes cannot so easily come to hand, as of private men who are more. This then 
Justinian. de jure nat.  is among those Laws, which Justinian saith were constituted by the Nations 
Tho. 2. 2. q. 40. art. 1. Molin. disp. 120. & 121. Valentia disp. 3. qu. 16. n. 3. Navar. c. 27. n. 136. , upon the urgency of human needs. Howbeit, this is not so repugnant to nature, that it could not be induced by custom and tacit consent, when even without any cause sureties are bound by consent alone. And there was hope, that the members of the same society might more easily obtain mutual right, and provide for their own indemnity, than foreiners, who in many places are very little regarded. Besides, the benefit of this obligation was common to all Nations, so that they which were one time grieved with it, another time might be eased by the same. Moreover, that this custom was received, appears not only out of full wars, which Nations wage against Nations (for in these, what is observed may be seen in the forms of denunciation 
* Populis priscorum Latinorum, hominibusque priscis Latinis bellum indico facio. l;. Liv. l. 1. , and in the proposal 
* Vellent, suberent Philippo Regi Macedonibusque qui sub regno ejus essent bellum indici. lib. 31. , and the decree 
* Populus Romanus cum populo Hermundulo, hominibusque Hermundulis bellum jussit: Gell. l. 16. c. 4. quod ex Cincio est in re militari: & alibi: Hostis sit ille, quique intra praesidia ejus sunt. Liv. lib. 38. & alibi  itself;) but also, where matters are not come to that fullness of war, yet there is need of a certain violent execution of right, that is, imperfect war, we see the same to be used 
† A prudent man Nicolaus Damascenus distinguisheth wars from these pignorations, where he shows, that Herod, to whom it was not lawful to make war against the Arabians, might lawfully 〈◊〉 pignoration for the Debts due unto him by contract. Joseph. 6. ant. bist. ubi haec verba. Cum narrasset quingenta Herodi talenta ●…tita, cautionemque de iis expositam id continere ubi dies praestituta trans●…sset, posse ipsum ex omni Arabum terra pignora capere, hanc expeditionem ex peditionem non esse dicebat, sed justam debiti exactionem. . Agesilaus of old, said to Phar●…bazus, a subject of the King of Persia 
* Plutarch. Agesil, & Xenoph. hist. Gr. 4. , We, O Pharnabazus, when we were the King's friends carried ourselves like friends towards all his, and now being become his enemies we carry ourselves like enemies. Wherefore, seeing you will be out of the things that are His, we do justly oppose him in you.   

XVII. An example hereof in the Apprehension of men, and of goods.  
ONe species of that execution which I speak of, was that which the Athenians called 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Apprehension of men: of which the Attic Law thus, If one have force offered him, and die, his Kinsman and friends may apprehend men, till either the Man-slayers be duly punished, or yielded: but it is lawful to apprehend only three men, and no more. Here we see, for the debt of the City, which is bound to punish her subjects that have hurt others, ●…s tied a certain incorporal right of the subjects, that is, the liberty of staying where they please, and doing what they will; so that they may be in servitude, until the City do what she is bound to do, that is, punish the Guilty. For, though the Epygtians, as we learn out of Diodorus Siculus, argued, that the body or liberty ought not to be bound for a debt, yet therein is nothing contrary to nature; and the custom, not of the Greeks only, but of other Nations prevailed on the other side. In like manner, to recover 〈◊〉 Citizen taken captive by manifest in ju●…y, are the Citizens of that City where the injury was done, retained. Wherefore ●…ome at Carthage would not suffer Ari●…on the Tyrian to be taken, For, said they, the same will befall the Carthaginians 
Liv. lib. 34.  at Tyre and in other towns of Trade, whereto they often resort. Another specier of violent execution is 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Justin. novel. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id dicit Demosth. in orat. pro corona, & Arist. 〈◊〉. 2.  Pignoration among divers Nations; which the later Lawyers 
* Bald. 3. cons. 58. Bart. de repress. q. 5. ad 3. n. 9  call the right of Reprizals; the Saxtus and the English, Withernam; and the French, even when it is obtained of the King, Letters of Marc. And this ha●… place, say the Lawyers, where right is denied.   

XVIII. Of Reprizals, after right denied. Life is not engaged.  
RIght of Reprizals cometh, not only if Judgement cannot, within fit time be obtained against the guilty part, 〈◊〉 Debtor; but also if in a matter not doubtful (for in a doubtful matter there is 〈◊〉 presumption for them who are elected 〈◊〉 public judgements:) judgement be given plainly against right. For, the authority of the judge is not of the same val●… over foreiners, as over subjects. Even amongst subjects, it taketh not away w●… was truly owed: A true Debtor, 〈◊〉 he be abslved, yet by nature 
* Spectant huc quae habet Gail. de pace pub. l. 2. c. 8. n. 7.  remains 〈◊〉 Debtor, saith Paul 
* L. Julianita D. de cond. indeb. L. rescriptum. §. 1. V. de distr. pign.  the Lawyer: A●… when, by the injury of the judge, the Cu●…tor had taken away from the owner a th●… which was not the debtors, as engage to him, and the question was put, whe●… the debt being paid, the thing ought 〈◊〉 restored to the Debtor, Scaevola proved it ought to be restored. There is this difference, that subjects cannot by force hinder the execution, even of an unjust sentence; nor lawfully pursue their right by force by reason of the efficacy of the power over them: but foreiners have right to compel, which yet they cannot use lawfully, so long as they may obtain their own by judgement. Upon such a ground then, that either the bodies or moveables of his subjects, who renders not right, may be taken, 'tis not introduced indeed by nature, but commonly received by custom. The most ancient example whereof is in Homer, 
Iliad. 〈◊〉  where Nestor is related, for horses taken from his father, to have driven away the cattle of the Elidenses: and in the same narrations, All they were by proclamation called together, to whom the Elidenses were any thing indebted; to the end, that every one might have his part. But, that the life of innocent subjects should be engaged for such a cause, perhaps was believed amongst some people, upon this principle, that they believed every man had full right over his own life, and that might be transferred on the Commonwealth: which, we have said elsewhere, is not probable, nor consentaneous to sounder Theology. Nevertheless it may fall out, not by intention, but by accident, that they may be slain, who by force will hinder the execution of right. But if this be foreseen, by the Law of charity (we have showed other where) the prosecution of right is rather to be omitted seeing, by that law, the life of man ought to be more esteemed (among Christ●… especially) than our Goods, as we here demonstrated already 
* Part. 2. 10. .   

XIX. A distinction, in this matter, 'twixt the Law Civil, and the Law of Nations.  
BUt, in this matter as well as in others, 
Dec. cons. 352. Bal. l. 3 de offic. assess.  we must beware, that we confound not those things which are properly of the Law of Nations, and those which are constituted by the Civil Law or the agreements of people. By the Law of Nations are under pignoration all subjects doing injury, who are such by a permanent cause, whether they be natives, 〈◊〉 strangers; not they, that are in any Country, passing through it, or staying a li●… while. For, pignorations are introduced after the example of burdens, which are brought in for discharging of public debts: from which they are freed, who only for a time are subject to the Laws of the place. Yet, from the number of subjects, are exempted, by the Law of Nations, Ambassadors, not sent unto 〈◊〉 enemies, and their Goods. But by the Civil Law of States are usually excepted the persons of women and Infants; and the Goods also of Scholars, and Merchants. By the Law of Nations, every one hath the right of pignoration, as also at Athens 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  in the apprehension of men. By the Civil Law of many Countries it is wont to be asked, in some places of the Highest power, in some of the Judges. By the Law of Nations, ipso facto, the dominion of the things taken is acquired, to the sum of the debt and costs, so that the ●…sidue ought to be restored 
† The Venetians used this equity, having taken the ships of Genua, as Gregoras relates in his 9 Book, saying, They did not spoil any of the lading, which was corn and fish, but preserved all very carefully, till, the debt being received, they restored what they had taken, entirely.  By the Civil Law, they that are concerned, are wont to be cited; and the things are to be sold by public authority, or addicted to those that are concerned. But, these and other points are to be learned of the Civil Lawyers, and namely of Bartolus, who hath written Of Reprizals. Only this I will ●…ere add, because it belongs to the molli●…ying of this right, rigid enough of itself, That whosoever, by not paying what they ●…wed, or by not doing justice, gave cause ●…o pignorations, they are obliged, by natural and Divine Law, to repair their ●…osses 
* Plutarch in his Cymon concerning the Scyri●…ns: very many of them would not contribute moneys, but bade them that either received or had taken away other men's goods repair the loss. Vide Aegid. Regium de actib. supernat. disp. 13. 〈◊〉. 7. 〈◊〉. 117.  who are dammaged thereby.   

XX. Of just and solemn War by the Law of Nations. Between whom this war is: and, that it must be denounced. 
Cap. 3.   
ABove 
* Part. 1. 38.  we began to say, that a just war, in approved authors, is often called so, not from the cause whence it ariseth, nor from the greatness of the actions, but by reason of some effects of law. What this war is, is best understood by the definition of enemies in the Roman Lawyers. Enemies are they, who against 
L. hosts de verb. signif.  us, or against whom we do publicly decree war: the rest are thiefs or robbers, saith 
L. hosts. D. de 〈◊〉.  Pomponius: and so saith Ulpian too. Where, what they speak of the Roman people, we must understand of every supreme power He is an enemy, saith Cicero, who hath a Commonwealth, a Court, a 
Philip 4.  Treasury, consent and concord of Citizens, and some way, if occasion be, of peace and league. Yet doth it not presently cease to be a Commonwealth or City, if it commit some unjust act, even in Common; nor is a company of Pirates or Robbers a Commonwealth, though perhaps they keep a kind of equality among themselves, without which no company is able to consist. For, These associate themselves to do mischief 
* Turba hominum non lege congregata, sed injustitiae causa in unum coacta. Procopius 2. Vandalicor. : They, although sometimes they are not without fault, yet hold society to maintain right, and they do right to others, if not in all things according to the Law of Nature (which, among many people, is in part obliterated:) at least according to agreements made with every other Nation, or according to customs. So the Greeks, at what time it was accounted lawful to take spoil at Sea, abstained from slaughters and populations by night, and from stealing Oxen that ploughed, as the Scholiast 
Lib. 1.  upon Thucydides observes. And other Nations living also upon the spoil, when they were come home from Sea, sent unto the owners to 
* Tales & illi quorum Saxo meminit, libro 14. Lib. 11.  redeem (if they pleased) at an equal rate, what they were robbed of, as Strabo saith. Now the principal, in moral matters, is instead of the form; and, as it is rightly said by Cicero, and Galen, The denomination 
Cic. de finib. 5. Ex eo quod maximas partes continet, latissimeque funditur, res tota appellatur.  is given from the greater part. Wherefore the same Cicero speaketh too crudely, saying in his third De Republicâ, where is an unjust King, or unjust Senators, or an unjust people, there is not now a vicious, but no Commonwealth. 
Galenus talia vocat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Which sentence S. Augustiu correcting saith, Yet I shall not therefore conclude it to be no people, nor Commonwealth, 
De Civit. Dei l. 19 c. 24.  so long as there remaineth a rational multitude joined together in a sociable Communion of things which they love 
* Aristotle saith, if one too far stretch the power of a Few, or of the people, the Commonwealth at first becomes vicious, afterward none. 5. the rep. c. 9 . A diseased body is nevertheless a body: and a City, though very sick, is a City, as long as Laws remain, Courts of Justice remain, and other things necessary, that foreiners may there obtain right, as well as private men among themselves. Better spoke Dion Chrysostom, who said, the Law (that especially which makes the right of Nations) is in a Commonwealth, as the soul in the body of man: which being taken away, 'tis no longer a 
† Cicero l. 10. epist. 1. Nec liges sunt, 〈◊〉 judicia, nec omnino simulacrum aliquod aut vestigium Civitatis.  Commonwealth. And Aristides in that Oration wherein he exhorts the Rhodians to concord, shows that many good Laws may consist, even with Tyranny. Now, although there be so great a difference between a people how wicked soever, and them that being not a people come together for wickedness, yet may a change happen, not only in single persons (as Jephtha, Arsaces, Viriatus, of Captains of Robbers became just Captains) but in companies also, as, they that were only Robbers, embracing another kind of life may become a Commonwealth 
* Exemplum in Mamertinis. Diodorus Siculus in Fragmentis. Augustin. de latrocinio locutus: Hoc malum si in tantum perditorum hominum accessibus crescit, ut & loca teneat, sedes constituat, civitates occup●…, 〈◊〉 pulos subjuget, regni nomen assumit. , Moreover, who they are that have the Highest power, we have said above; whence it may also be understood, If any have it in part, for that part they may wage a just war: and much more they, who are not subjects, but unequally confederate 
† Ut Dux Lotharingiae, ap●● Cranmer: z'um Saxonicis, 12, 13. , as, between the Romans and their Fellows, though inferior in League, the Volscians, Latins, Spaniards, Carthagenians, all things of a just War 
Cajet. 2. 2. q. 40. art. 1.  were exercised, as the Histories inform us. But, that war may be just in this sense, it sufficeth not, that it be waged between Highest powers on both sides: but it is requisite, as we have heard, that it be publicly decreed, and truly so decreed publicly, that the signification thereof be made by the one party to the other 
† Cic. Offic. 2. At belli quidem aequitas sanctissime seciali populi R. jure perscripta est; ex quo intelligi datur, nullum bellum esse justum, nisi quod aut rebus repetitis geratur, aut den●…ntiatum ante sit & indictum. Jos. Antiqu. lib. 15. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Vide Crantzium Saxonic. 11. Nicet. l. 3. & 4. : whence Ennius calls them promulgata pralia, promulged battles. It is a just war which is waged by edict, (saith an ancient writer in 
* Lib. 1.  Isidore) things being required, or for resistance of Enemies: and Livy put it in the description of a just war, that it be commenced with an Edict, and in an open manner 
† Liv. lib. 31. Idem cum narraslet Acarnanas agrum A●…ticum esse populatos: Irritatio animorum ea 〈◊〉 fuit: postea justum bellum decr●…is civitatum ultro indicendo sactum.    

XXI. In denouncing war, what is of the Law of Nature, what proper to the Law of Nations.  
FOr the understanding of the places last cited, and other like, about the promulgation of war, we must accurately distinguish, what things are due by the Law of Nature, what by nature are not due, but honest; what things by the Law of Nations are required to the proper effects of the same Law, and what proceed from the peculiar institutes of some Nations. By Natural Law, where either force offered is repelled, or punishment exacted of one that hath offended, no denunciation is required there. And this is 
Lib. 1. Idem lib. 3 in Plam aeensium ora●…. Pas est ar●…e cum à quo hostililt●…●…petimur. Flaminius apud Di●…dorum Siculum in excerptis 〈◊〉 is: Onnes Deo hominesque est tha tur, in●… à Rege bellum.  that which Stenelaidas the Ephor saith in Thucydides: We must not stand debating with words and arguments; being injured beyond words. And Latinus in Halicarnassensis: He that is assaulted with 〈◊〉 is wont to repel his enemy. And Aelin out of Plato saith, War undertaken to resist violence is indicted, not by an Herall, but by nature. Hence Dion Chrysolm affirms 
* Orat. ad Ni comedienses. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , Most wars are made without proclamation. And for no other cause Livy objects to Menippus perfect of Antioch, that he had slain certain Romans, wa●… being neither proclaimed, nor so begun, that they had heard of swords or any blood as yet drawn: thereby showing, either of these two might suffice for a defence of his deed. Neither is Indiction more necessary by the Law of Nature, if a Lord will lay hands upon his own goods. But, as oft as one thing is invaded for another, or the debtor's goods for the debt; and much more, if one will seize upon the goods of them that are subject to the debtor, Interpellation is required, whereby it may appear, we had no other way to come to our own, or that which is due unto us. For, that right is not primary, but secondary and surrogate. So also, before the Supreme Governor may be invaded by war for the debt or the offence of the subject, there ought to intercede an Interpellation, that may constitute him in a fault, whereby he may be esteemed to do a damage, or to be delinquent; according to what we have discoursed above. Yet further, where the Law of Nature commandeth not such an interpellation to be made, it is honestly and commendably 
* Vide Marianam 27. 13.  interposed, to wit, that the adverse party may abstain from offending any more, or the offence given may be expiated by repentance and satisfaction; according to what we have said of using means to avoid war 
* Part 2. . Pertinent here is that Precept 
* Et illud: Extrema primo nemo tentavit loco.  which God gave unto the Hebrews, that they should make offer of Peace to the City that was to be assaulted: which precept, being specially given to that people, is, by some, ill confounded with the Law of Nations. Nor indeed was that any other peace but 〈◊〉 condition of subjection and Tribute. Cyrus, when he had marched into the Armenians Country, before he did hurt any man, sent Messengers to the King to demand Tribute due upon the League, and soldiers: Supposing that to be more friendly and courteous, than to lead on farther, and s●…r nothing; As Xenophon speaks in that History. But, by the Law of Nations, to those peculiar effects in all cases is required denunciation, not on both, but on the one party. This denunciation is either Conditionate, or Pure. Conditionate, where it is joined with Remanding of Things. And, in the name of Res reperitae the 
* Jus feciale.  Heralds Law comprehended, not only vindication by right of dominion, but also the prosecution of that which is due upon a Civil or Criminal cause, as Servius explains it rightly. Thence was 
Ad 10. Aneid.  that in the forms, To be rendered, To be satisfied, To be yielded: Where, To be yielded, as we have said elsewhere, is to be understood, unless they that are called upon, will rather punish the guilty themselves. This requiring of Things, Plixy testifies, was named Clarigation. That denunciation 
Lib. 8.  in Livy is conditionate: That they will with all their power depel that injury, except it be remedied by those that did it: And in Tacitus: Unless they specdily bring the offenders to punishment, He will make promiscuous slaughter 
* Simile est apud Papinium: Aut Danass edice rogos, aut praelia Thebit. Polybius hoc vocat, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: Romani veteres, Condicere. . Pure denunciation is that which is specially Indiction, or Edict, where either the other hath already begun the war (this is that which in Isidore is called war to beat off men) or himself hath committed such faults as deserve 
† Exemplum vide apud ●…bum lib. 7.  punishment. But sometime the Pure follows the Conditionate, though that be not necessary, but ex abundanti. Hence is that form: I testify, that people is unjust, and will not do right 
* Et altera: Quarum rerum, litium, causarum condixit Pater patratus populi Romani Quintium Patri patrato populi Priscorum Latinorum, hominibusque priscis Latinis, quas res nec solverunt, nec dederunt, nec fecerunt, quas tes dari, fieri, solvi oportuit, puro pioque duello quaerendas censeo, consentio, consciscoque. . This also is an argument of supervacuous observation, that war hath oft been proclaimed on both sides, as the Peloponnesian by the Corcyraeans and Corinthians, when it is sufficient that it be indicted and proclaimed by either. Furthermore, from the custom & institutes of some Countries, not from the Law of Nations are the White Rod 
* Caducaeus. Unde ejus orgo disces ex Plinio, 29. 3. & Servio ad 4. & 8. Aeneidos.  among the Greeks, the Turfs and bloody spear, among the Aequicolae first, and by their example among the Romans; the renouncing of friendship and society, if there had been any; thirty solemn days after demand made; the throwing of the spear, again 
† Vide Servium ad 9 Aen. Ammianum 19 & quae ad eum notara à doctissimo Lindenbrogio.  and other things of like kind, which ought not to be confounded with those that properly belong to the Law of Nations. For a great part of these ceased to be used, saith Arnobius, in 〈◊〉 
Arnob. l. 2. cont. Gentes. Vario. l. 4. de L. L.  time; yea, in Varro's time, some of them were omitted. The third Punic War 〈◊〉 at once indicted and begun. Maecen●… Dion will have some of them to be proper to a popular State.   

XXII. War proclaimed against any one includes his Subjects and Adherents: But, not as considered by Themselvet.  
MOreover, War indicted against him, who hath the highest power over the people, is witha l supposed to be indicted against all His, not only subjects, but those too who will join themselves unto him, as being an accession to his party: and this is that which the later Lawyers say, The Pri●…ce being diff●…ed, his 
Diffidato principe, diffidati sunt ejus adhaerentes. Bald. ad l. 2. c. de seru. n. 70.  Adherents also are diff●…ed. For, to indict war, they call To diff●…. Which is to be understood of that same war, which is waged against him to whom it is indicted: As, when war was denounced against Antiochus, They were not pleased to denounce it against the Aetolians apart, because they had openly joined themselves with Antiochus: The Heralds answered, The Aetolians have declared war of their 
Liv. lib. 36.  own accord against thomselves. But, th●… war being ended, if another People 〈◊〉 King, for supply of aids, is to be wa●… against, that the effects of the Law of Nations may follow, there will be need of a new Indiction. For now, he is not ●…ookt upon as Accessary, but Principal. Wherefore it is rightly said, that, by the Law of Nations, neither the war of Manlius upon the Gallo-Greeks, nor of Caesar upon Ariovistus, was 
* Idem dici potest de bello sociorum ulysses in Ciconas Pria●… quondam aux●…liatos, de quib. Hom. Odyss. 1. & ibi Didymus.  Lawful: for they were not assaulted now, as an accession of a Neighbour's War, but principally: to which purpose, as by the Law of Nation's Indiction, so by the Roman Law a new command of the Roman people was necessary. For, what was said in the proposal against Antiochus: Was it their will and pleasure, that 
Livius lib. 36.  War should be entered with King Antiochus, and those that followed his party: (which was observed too in the Decree against King Perseus:) seems truly understood, 
Lib. 42.  so long as the War continued with Antiochus or Perseus, and of those that really immixed themselves in that War.   

XXIII. The Cause why Denunciation is requisite to some effects, which are not found in other Wars.  
NOw, the cause why Nations required Denunciation to that war, which we have said to be just by the Law of Nations, was not that which some allege; 
Alb. Gent. l. 1. c. 2.  that they might do nothing privily or 〈◊〉 deceit; for that perteins rather to the 〈◊〉 cellence of their valour, than to righ●… some Nations are read to have appointed their enemies the day and the place of battle 
* As the Romans to Porsena, saith Plutarch in Publicola. The Turks, two days before battle, make very many Fires, saith Chalcochond. 7. Lib. 3. de ira. c. 2. Ayala. l. 1. c. 5. Capta fieri capientium. ; but, that it might certainly appear, the War was not waged by a prin●… undertaking, but by the will of either people, or their Heads. For, thence are sprung those peculiar effects, which have place, neither in war against Robbers, nor in that which a King wageth against his Subjects. Therefore Seneca spoke distinctly; Wars were indicted against Neighbours, or waged against Citizens. As to that, which is noted by some, and showed by examples, That ever in such wars the things taken become theirs that take them; it is true, but on the one part only, and that by natural rig●… not by the voluntary right of Nations as that, which provides for Nations only not for those which are no Nation, or part of a Nation. Besides, they err 〈◊〉 
Alb. Gent. d. l. 2. c. 2.  this, that they think, War undertaken for defence of ones self or ones Goods needs no indiction; for it doth need, not simply, but in regard of those eff●… which we have begun to speak of, and 〈◊〉 explain anon.   

XXIV. War may be indicted and waged together. War indicted for violation of Ambassadors.  
NEither is that true, that War may not be waged presently as soon as it ●…s indicted, which Cyrus did against the Armenians, the Romans against the Carthaginians, as we said even now. For, In●…iction, by the Law of Nations, requi●…eth no time after it. Yet may it come to ●…ass, that, by natural right, some time may be required according to the quality of the business; to wit, when things are demanded, or punishment required upon the guilty, and that is not denied. For ●…en, such time is to be allowed, where●… that which is required may commodi●…ully be done. And, if the right of Em●…assages be violated, it will not therefore be unnecessary to denounce War; but 〈◊〉 will suffice to do it as it may be done ●…afety, that is, by Letters: as also cita●…ons and other denuntiations are usually made in places not safe.   

XXV. The right of kill enemies 
Cap. 4.  in a solemn War. The effects of that War in general.  
TO that of Virgil 
* Tum certare ●…diis, tum res rapuisse licebit. , Than it will be lawful to hate, and fight, and 〈◊〉 spoil: Servius Honoratus, when he had deduced the Original of the Herald's law from Ancus Martius, and farther from the Aequicolae, saith thus: If at any time men or beasts were by any nation taken away from the people of Rome, the Pater pa●… tus went with the Heralds, that is, Pr●… who have authority in making of Leag●… and standing before the bounds, 〈◊〉 loud voice, pronounced the cause of the War; and, if they would not restore the things taken; or deliver up the Author of the injury, he threw a spear, which 〈◊〉 the beginning of fight; and thence forbid was lawful, after the manner of War, 〈◊〉 take the spoil 
† Ante dixerat: Veteres laedere, res rapere dicebant, etiamsi rapinae nullum crimen existeret: similiter satisfacere res reddere dicebant. . Whereby we learn, 〈◊〉 there are certain proper effects 
* Crantzius Saxonicorum, 11. 〈◊〉.  of We indicted between two Nations or th●… heads, which effects do not follow 〈◊〉 as it is considered in its own nature. Th●… agrees very well with what we noted 〈◊〉 fore out of the Roman Lawyers.   

XXVI. Lawful is distinguished into that which is done without punishment, and that which is done without fault.  
BUt Virgil's Licebit, it will be lawful, Let us consider what importance it hath. For, sometime that is said to be lawful which is right and pious entirely, though perhaps another thing may be done more laudably; as in that saying of S. Paul the Apostle, All things are lawful 
1 Cor. 6 17.  for me, but all things are not expedient (All things: that is, all of that kind, of which he had begun to speak, and would speak more.) So, it is lawful 
† Tertullianus adv. Martion. 1. Vacat abstinentiae testimonium, si 〈◊〉 eripitur. Vide de hac re, & de f●…ga in persecutione eund. l. 1. ad ux. Hieronym. ad Hel. vid: Virgoma●… est meriti, dum id contemnit, quod si fecerit, non delinquit. Ad ●…ammach, Semper grandia in audientium ponuntur artitrio. Non tibi 〈◊〉 ponitur necessitas, ut voluntas praemium consequatur. Chrysost. ad 〈◊〉 Cor. 7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  to contract matrimony, but more laudable is single Chastity proceeding from a pious design, as S. Augustin discourses to Pol●…ntius out of the same Apostle. It is also lawful to marry again; but it is more ●…awdable to be content with one marriage, as Clemens Alexandrinus 
† In the fourth of his ●…tromatca: where among other things he saith of one that marries again, He doth not indeed offend against the Law, for there is no Law to forbid it, but he falls short of that most excellent perfection of the Evangelical life.  rightly explains this question. A Christian husband lawfully may leave his Pagan wife, as S. Augustin 
* August. lib. 1. de adulterinis conjug. ad Pollentium cap. 13. & 18.  thought: (with what circumstances this is true, is t●… proper to determine here;) but he may also keep her lawfully. Ulpian 
* L. 1. §. licet. D. de peric. & come. rei vend. , of 〈◊〉 Seller, to whom 'tis lawful, after appointed day to pour forth the wine: If 〈◊〉, saith he, when he may pour it forth, 〈◊〉 doth it not●…, he is the more to be prac●…. But sometime a thing is called lawful, not which may be done without violating the rules of piety and duty, but which among men is not subject unto punishment 
† Tertull. in exhort. ad castitatem: Licentia plerumque tentatio est disciplinae. Ibid. Omnia licent, sed non Omnia pro salute. Chrysost. de poenit. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Columella praef. l. 8. Nec sane est vindicandum nobis quicquid licet: Nam summum jus antiqui putabant summam crucem. Hieronym. ad Jovinian. Et 〈◊〉 vere jus summum, summa malitia. . So, among many people, it is lawful to commit fornication: among the Lacedæmonians and Egyptians it was also lawf●…l to steal●… In Quintilian we read 
* Lib. 3. c. 8. : There are some things not laudable by nature, but granted by Law, as in the XII. Tables, The Creditors might divide the De●… body among them. But this signification of the word, lawful, is less proper (〈◊〉 Cicero observeth well in the fist of his T●…sculans, speaking of Cinna: To me, ent●… c●…ntrary, he seemeth miserable, not 〈◊〉 in that he did such things, but in that 〈◊〉 so behaved himself that it might be lawful for him to do them: though indee●… is lawful for none to do amiss, but wea●… in our language, calling that lawful, which is permitted to any one:) neve●…theless it is received, as when the sa●… Cicero for Rabirius Posthumus thus 〈◊〉 speaks the Judges; Ye ought to consider what becomes you, not how much is lawful for you: for if ye seek only what is lawful; you may take away out of the City whom you please. So, all things are said to be lawful for Kings, because they are 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  exempt from human punishments, as we have said elswherere. But Claudian informing a King or Emperor rightly saith:  
— 
* Claud: Nec tibi quid liceat, sed quid fecisse decebit, Occurrat.  Have in your thought,  
Not what you may effect, but what you ought.  
And Musonius 
* Ded. lib. 3. & 5.  reproveth Kings, who ●…se to say, This is lawful for me; not, This becomes me. And in the same sense we often see opp●…ed, What is lawful, and What ought to be done, as by Seneca the Father 
* Contr. l. 4. 〈◊〉 4.  in his controversies more than once 
† Ammian. Marcell. Sunt 〈◊〉 quae fieri non oporter, etiamsi licet. lib. 30. Plin. in epist. Opor●… quae sunt inhonestae, non quasi illic ta, sed quasi puden●…a vitare. lib. Cicero ipse orat. pro Balbo: Est enim aliquid quod non oporteat, ●…licet. Idem pro Milone, fas esse ad naturam, licere ad ●…ges refert. Et in declamatione Patris, Quintiliani est, Aliud 〈◊〉 〈◊〉 spectare, aliud jus●…iam, Declam. 251. .   

XXVII. The effects of solemn War generally considered are referrd to the later sense of lawful, in respect of impunity: And, why such effects were introduced. Testimonies.  
IN this sense then, it is lawful for an Enemy to hurt his Enemy, both in his person, and in his Goods: that is, not only for him who upon a just cause vengeth war; and who hurteth within th●… measure, which we have said to be naturally granted, in the beginning of its book; but lawful on both sides and wi●…out distinction: So that, for that cause, he can neither be punished, being per●…hance deprehended in another territory, as 〈◊〉 homicide, or thief; not can War be made against him by another, upon that account. Thus we read in Sallust: To 〈◊〉 
Sallust: Cui 〈◊〉 victoria lege belli licuerunt.  all things in victory were lawful by the Law of War. The cause, why it pleased the Nations to have it so, was this; 〈◊〉 had been dangerous for other Nation's 〈◊〉 take upon them to pronounce and determine about the Right of War between two Nations: for, by that means, they would be engaged in the War of others; 〈◊〉 the Massilians said in the cause of 〈◊〉 and Pompey, That it was above th●… Judgement, and above their power, to ●…cern whether side had the juster ca●… Moreover, even in a just War, it can ●…ardly be known by external marks, what is the just measure of self-defense, of recovering ones own, or of exacting punishments; so that, it is much better, to ●…eave these things to be examined by the Conscience of those that War, than to reduce them under the judgement of others 
† Achaei in orat. ad Senatum apud Livium, lib. 39 Quonam modo ea quae jure belli acta sunt, in disceptationem veniunt? . Beside ●…this this effect of licence, that is, of ●…mpunity, there is another also, to wit, of dominion, concerning which we shall speak hereafter. As to that licence of hurting, which we have now begun to handle, it extendeth first to Persons: of which ●…icence many Testimonies are extant in good Authors. It is a Greek proverb out of 
Eurip. jone. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  a Tragedy of Euripedes, That the blood of an enemy leaves no stain. Therefore, by the old custom of the Greeks, it was not lawful to bathe, to drink, to sacrifice much less, in their company, who had slain a man out of the time of war; but in theirs that had done so in war, it was lawful. And commonly, to kill, is called the right of War. Marcellus in Livy; Whatsoever execution 
Lib. 26.  I have done upon the enemy, the right of War defends. In the same historian 
Lib. 21.  Alcon saith to the Saguntines, I think it better for you to suffer these things, than your bodies to be slain, your wives and children to be dragged and ravished before your eyes, by the right of War. The same elsewhere, when he had related how the Ast●…penses were put to the sword, 
Lib. 28.  addeth, It was done jure belli, by the right of War. Cicero for Deiotarus: Why should he be an enemy to you, by whom be might have been killed by the Law of W●… by whom he remembered he was made King, and his sons. And for M. Marcellus: When, by the condition and right of Victory we were all dead men, we were preserved by the judgement of your Clemency. Caesar to the Haeduans signifies, They 
Comment. l. 7.  were saved by his favour, when the Law of War gave him leave to destroy them. Josephus, in the war of the Jews; It is honourable to fall in War; but, by the Law of War, and by the hand of the Conqueror 
† Papinius: Nec querimur caesos: baec bellica jura vicesque Atmorum. Servius in excerptis Fuldens. ad 2. Aen. Jure belli Politen Pyrrhus occiderat: sed cur ante oculos patris? Spartianus Severo: praeter eos quos jus belli absumpsit. . Now, when these writers speak of the Law or right of War, it appears by other places, they must be understood, not of that which frees the act from all fault, but of the impunity before mentioned. Tacitus said, Causes and merits are considered in peace; in War, the innocent and the guilty fall together. The same, in another place: Neither did the right of men suffer them to honour that slaughter; nor the course of War, to revenge it. Nor is the right of War to be taken otherwise when Livy tells, how the Greeks spared Aeneas and Antenor, because they had always persuaded unto Peace 
† Senec. Troad. Quodeunque libuit facere, victori licet. Et in epist. 96. Quae commissa capite luerent, tum quia paludati fecerunt laudamus. . Cyprian 
* Cypr. epist. 2. Consensere jura peccatis, & coepii esse licitum quod publicum est. Ibidem. ; Monslaughter, when private men commit it, is a crimo: when it is publicly done, 'tis called a virtue. Not respect of innocence, but greatness of the cruelty gives impunity to wicked Acti●…. So Lactantius saith, The Romans did Legitimate their injuries by their power. And Lucan's Jusque datum sceleri, is of the same sense, 
† Pharsal. 1.  Law was given to wickedness.   

XXVIII. Of Strangers found in an Enemy's Country.  
THis Law of Licence is of large extent: for first, it comprehends not only them that actually bear arms, or are subjects to him that maketh war, but also all that are within the enemy's Country: which is manifest by the very form in Livy, Let 
Liv. l. 37. & alibi passim. Hostis sit ille, & qui intea praesidia ejus sunt.  him be our Enemy, and they that are within his guards. For, danger may be feared from them too, which, in a continued and universal war, sufficeth to make way for that right of which we speak: otherwise than in pignorations, which, as we have said, after the example of burdens imposed, were introduced for the discharge of public debts: wherefore it is no wonder, if, as Baldus notes, much 
Ad L. 1. de justitia.  more licence be in war than in the right of pignoration. And this which I have said, hath no doubt indeed, as to strangers, who after the beginning and notice of the War, come into the enemy's quarters. But, they that went thither before, seem by the Law of Nations to be accounted for enemies after some small time 
* Bem●…. 7. hist. Cicero uses that defence in his oration for Ligarius. You have an example in Livy l. 25. of the Citizens of Campania. Other examples in Thucyd. lib. 1. & 5. , wherein they might have departed. For so the Corcyraeans about to besiege Epidamnum, first allowed strangers liberty to go away, denouncing otherwise they should be taken for enemies.   

XXIX. The enemy's subjects may every where be offended. This right extends to Infants and Women, to Captives, and such as yield themselves without conditions.  
BUt, they that are truly subjects of the enemies, to wit, upon a permanent cause, may be offended every where, by this right of Nations, if we respect their own persons. For, when War is proclaimed against any one, it is withal proclaimed against all his men, as we sheud above in the form of indiction: and so in 
Liv. l. 31.  the decree; Was it their will and pleasure, war should be denounced against King Philip and the Macedonians which are under his Government 
* Vellent juberent? Philippo regi Mocedanibusque qui sub ejus regno essent bellum indici. . Now, he that is an enemy, may every where according to the Law or Nations be assaulted 
† Eurip. ●…bicunque prensum jura laedi hostem finunt. Marcian. IC. Transfugas licet uhicunque inventi suerint, quasi hostes interficere. l. 3. in fine D. ad l. Corn. de sicar. . Enemy's therefore may be slain on their own ground, on the enemy's ground, on that that belongs to none, on the Sea. But, that it is not lawful to kill or violate them in a peaceable territory, proceeds not from their own person, but from his right who hath Empire there 
* Vid. Alberic. Gentil. Hispan. Advocate. l. 1. 6. W●…chner. in cons. Franconico 92. . For, civil societies might constitute, that nothing should violently be done against men in such a Country, unless according to process of Law 
† Apud Euripidem est: 
Si crimen istu aliquod hospitibus struis,  
Jus impelrabisivi quidem hinc 〈◊〉 abstrabes.  . And, where the Law is open, there are weighed the merits of persons, and that promiscuous right of hurting ceaseth, which we have said was introduced among enemies. Livy relates, that seven Ships of the Carthaginians were in a Haven under the Syphax's 
Liv. lib. 28. See the like deed of the Venetiant bindring the Greeks from hurting the Turks in a Haven under the Venetian Government, in Chalcocondyl. l. 9 Of the Venetians and Turks at Tunis, See Bemb. lib. 4.  dominion, who had peace at that time both with the Carthaginians and Romans; that Scipio arrived there with two ships, and before he entered the Haven they might easily have been oppressed by the Carthaginians, but being born in with a strong wind before the Carthaginians could weigh anchor, they durst not fight with them in the King's Haven. But to retutn, how far that licence reacheth, is hence understood, that the slaughter of Infants too, and women goes unpunished, and is comprehended in this right of war. I will not allege here, that the Hebrews slew 
D●…ut. 2. 34. 20. 16.  the women and children of Heshbon, and that the same is commanded to be done upon the Canaanites, and upon them whose cause was connexed 
† As the Amalekites, of whom Josephus in the life of Saul, l. 6. 8. He proceeded to the slaugh●…er of women and children, thinking he did nothing cruel or adverse to human nature; first, because they were enemies against whom it was done, etc. Psal. 137.  with the Canaanites; These are the works of God, whose right over men is greater than that of men over beasts, as we have said other where. That comes nearer to sh●…w the common custom of Nations, that in the Psalm he is called blessed who shall dash the Infants of Babylon against the stones 
* Parallel whereto is that of Homer, 
— illisaque corporaterrae  
Infon●…um, sav●… dum conculit omnia Mavois.  Out of the same Homer Severus used these words against the Britain's. Nec qui l'atet abditus int●…a Viseer a matris adhu●… fugic●…●…lia fata. . The Thracians of old, as Thucydides relates, having taken Micalessus, put the women also and children to the sword. Arrian tells the same of the Mac●…donians, when they had taken Thebes The Romans 
† Scip●…o also at the taking of Numantia; julian's soldiers against the women left at Dacir. Zozim. 3. The same Julian at the taking of Majozamaltha, without difference of sex or age furiously destroyed all. Ammian. l. 14. Annal. l. 1.  did the like at I●…rgis a town of Spain, as Appian saith. Germanicus Caefar is said by Tacitus to have laid waist with sword and fire the Vi loges of the Marsi, a people in Germany, and it is added, Neither 〈◊〉, 〈◊〉 age moved compassion. Titus' proposed also the women and children●… of the Jews for a spectacle, to be torn by wild-beasts. And yet these two are supposed to have been of no cruel disposition. So customary was that cruelty become. The less marvel 'tis to hear of old men slain, as of Priam by Pyrrhus. Nor were Captives 
† Elizaeus in Josephus said it was just to kill captives, by the Law of War. Therefore Virgil brings in a captive supplicating per patrios mancs, per spes surgentis juli. Withikind. l. 2 tells of seventy thousand Slavonians taken and slain by Otto.  exempted from this licence. Pyrrhus in Seneca according to the custom then received: No Law spares a captive, or hinders his punishment 
† Troad. In Ciri Virgil: At belli saltem captivam lege necasses. Hotat: Vendere cum possis captivum, occiderenoli; Ponit licere. Et Donatus, servos dictos qui servatl essent, quum eos occidi oporteret jure belli: ubi illud oporteret, improprie pro liceret, positum videtur. Adelph. act. 2. sc. 〈◊〉 . So the Corcyraeans slew the captives out of Epidamnum 
* Thucyd. lib. 〈◊〉. ; and five thousand captives were slain by Annibal 
* Ap. Annib. . A Centurion of Caesar's thus addresses himself to Scipio in Hirtius of the African war, I give you thanks that you promise me life, being your Captive by the Law of War. Nor at any time is excluded the power of killing such as are taken in War, as to the Law of nations; though by the Laws of Cities it is restrained, in some places more, in some less. Moreover, there are frequent examples of suppliants also slain, as by Achilles in Homer, in Virgil of Mago and Turnus: which we see are so related, that they are withal defended by that right of war which we have said. For 
† 1. De Civitate Dei. 2. Annal. 12. , S. Augustin also praising the Gotths, who had spared suppliants and such as fled to sanctuaries, saith, What had been lawful to be done by the Law of War, they judged unlawful for them to do. Nor are they always received that yield themselves; as, in the battle at Granicum, the Greeks that served the Persian; the Uspenses in Tacitus, as yet free, begging Mercy: but the Victors would not hear, saith he, and so they fell by the Law of War. Note here again, the Law of War. So also, you may read, they that yielded and were received without any condition, were slain 
† Vide Thuanum l. 70. in an. 1580. in rebus Hibern. ; as the Princes of Pometia by the Romans, the Samnites by Silvius, the Numidians by Caesar, and Vercingetorix: yea this was almost the perpetual custom of the Romans upon the Commanders of the enemies, whether taken or yielded, to kill them on the day of triumph 
* Simile apud Reginonem, in an. 905. , as Cicero 
* Cic. 5. Verrin. , Livy 
* Liv. lib. 28. , Tacitus 
* Tacit. Annal. 12.  and many others teach us. In the same Tacitus, Galba commanded them to be decimated, every tenth man slain, to whom he had given quarter. And Caecina having accepted Aventic yielding to him, put to death Julius Alpinus one of the Princes, as the raiser of the War, the rest he reserved for the mercy, or the cruelty of Vitellius.   

XXX. That right ill referred to other causes. It reacheth also to hostages.  
HIstorians 
* Chalcocondylas lib. 8.  are wont sometimes to refer the cause of kill enemies, captives especially or suppliants, either to talion, or to pertinacy in resisting: but these causes, as we have elsewhere distinguished, are rather suasory than justifick. For a just talion 
† Diodor. Sic. Neque enim ignorabant ipsis rebus edocti, cum bellantium par sit fortuna, alterutris, si male 〈◊〉 gessissent id expectandum quod ipsi in victis statuissent. Apud cundem Philomelus Dux Phocensium: Pari poena exacta effecit ut hosts 〈◊〉 superbo & insolenti supplicio temperarent. Vide cundem Diod. de Spendio & Amilc. In exc. Peers.  and properly so called is to be exercised upon the same person that offendeth, as may be understood by what we have said above, of communication of Punishment. But on the contrary, from war, for the most part, that which is called talion, redounds to the evil of those, who had no hand in that which is accused. And as to a pertinacious affection to one side, no man judges that worthy of punishment, as the Neapolitans in Procopius 
* Procop. 1. Gotth.  answer Belisarius: which is then most true, when that side is either assigned by nature, or chosen upon good ground. Yea, so far is this from being a crime, that it is a crime to quit a Garrilon, especially by the old military Roman 
Polyb. l. 1. & 6.  Law, which here admitted not lightly any excuse of fear or danger. To depart 
Lib. 24.  from a Garrison, saith Livy, is capital. Wherefore every one as he pleaseth, makes use of that highest rigour for his own Interest; and that rigour is defended among men by that right of Nations, of which we now speak. The same right hath been 
Plutarch. de claris mul.  also used against Hostages, nor against them only who had obliged themselves, as by agreement, but against them too, that were delivered by others. Two hundred and fifty were once slain by the Thessalians, by the Romans three hundred of the Volsci. We must note, that Children also were wont to be given for 
Diovys. 16. Tacit. An. 1. 1 Maccah. 13. 17.  Hostages, as by the Parthians; which we read was also done by Simon one of the Maccabees; and women, as by the Romans in the time of Porsena, and by the 
4. Histor.  Germans, as Tacitus relateth.   

XXXI. By the Law of Nations, it is forbidden to kill with Poison. Of poisoning weapons and waters.  
NOw, as the Law of Nations permitteth many things, by that way of permission afore explained, which are prohibited by the Law of Nature; so it prohibiteth some things, which by the Law of Nature are permitted. For to kill 〈◊〉 man, whom it is lawful to kill, whether with the sword or with poison is no matter, if you respect the Law of Nature: I say, the Law of Nature: for indeed it is more generous to kill so, that he who is killed may have leave to defend himself: but this is not due to any one, who hath deserved to die. But the Law of Nations, if not of all, yet of the best, is of old, that an enemy may not be killed with poison; which consent hath its rise from a regard of common advantage; that dangers of war, which began to be many, might not be too much heightened. And it is credible, that this proceeded from Kings, whose life above others is defended from arms, but is less secured from poison th●… the life of other men, unless it be defended by some reverence of Law and fear of infamy 
† The Senators to Pyrrhus: That we may not get infamy, if any thing befall you. Liv. lib. 42. Cic. Offic. 3. . Livy calls it Clandestine wickedness, speaking of Perseus: Claudian, a heinous act, speaking of the treachery against Pyrrhus rejected by Frabricius; and Cicero, wickedness, touching the same history. For common examples sake no such thing is to be admitted, say the Roman Consuls in their letter to Pyrrhus 
* Gellius ex cl. Quadrigario, l. 3. c. 8. Val. Max. 5. 5: Tac. An. 3.  with arms not with poison are wars to be waged, is in Valerius Maximus: and, as Tacitus relates, when a prince of the Cattis promised the death of Arminius by poison, Tiberius rejected him, equalling himself in that glory with the old Generals. Wherefore, they that hold it lawful to kill an enemy by poison 
* Vide de Venetis Bembum sine libri 3. Bold 2. Cons. 188. , as Baldus out of Vegetius, respect the mere Law of Nature, but oversee that which derives itself from the will of Nations. It is a little distant from such poisoning and comes nearer to force, to infect darts with poison, and double the causes of death; which Ovid hath delivered of the Geteses 
† De Scythis Plin. l. 11. 53. Scythae sagittas tingunt viperina sanie, & humano sanguine, irremediabile id scelus mortem illico adsert Levi tactu. De Servius v. sup. Helmoldi cap. 4. , Lucan of the Parthians, Silius of some Africans, and namely of the Ethiopians Claudian. But this too is against the Law of Nations 
* Ideo Ilus Mermerides in Odyss. d. Ulyssi negat ven●num ad spicula, Veritus vim Divum mo●…e ca●…entum, Salish. 8. 20. , not the universal, but of the Europaeans, and of such as conform to the Civility of better Europe. This is well observed by Salisberiensis, in these words: Although I see it used sometimes by Infidels, yet I do not find the licence of poison by any law ever indulged to us. Therefore Silius' phrase is, To infame steel by poison: for, to poison fountains also (and this too is not kept secret, or not long) Florus saith, is not only contra morem majorum, against the manner of the Ancients, 
Lib. 2.  but against the right of the Gods, that is, against the Laws of Nations, which were wont to be ascribed to the Gods as Authors. Nor ought this to seem strange, if to lessen dangers there be some such tacit agreements of Warriors, when of old the Chalcidians and Eretrians, during 
Strab. lib. 10.  the War, consented together to make no use of darts. But, the same is not to be determined of corrupting waters without poison 
† Cadaveribus, asbesto, quibus usus in obsidione Auximi Belisarius. Procop. Got. 2. calce, ut Turcae ad Dibibram. Nicet. lib. 1. De piscatu 4. , so that they may not be potable, which Solon and the Amphictyones are read to have thought just against Barbarians, and Oppian relates as usual in his time. For that is esteemed all one, as if the stream be averted, or the Veins of the Spring intercepted 
* Vide Priscum in excerptis legationum. , which both by Nature and Consent is lawful.   

XXXII. Whether it be against the Law of Nations, to use Murderers.  
WHether it be lawful by the Law of Nations, to kill an enemy, a 
* Immisso percussore. , Murderer being sent against him, is wont to be enquired. To be sure we must make a difference between Murderers, who violate their faith, either express or tacit, as Subjects toward a King, vassals toward their Senior, Soldiers toward him whom they serve, men received as suppliants, or strangers, or fugitives toward their Receivers; and between those that are not bound with any faith; as Pipin 
Vide Paulum Warnafredi l. 6.  father of Charles the Great attended with one Soldier, passing the Rhine, is related to have slain his Enemy in his Chamber; which Polybius saith was in like manner attempted against Prolemy King of Egypt by Theodotus an Etolian, and he calls it a manly boldness. Such also was that enterprise 
Liv. lib. 2.  of Q. Mutius Scaevola 
* Qui Plutarcho 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  commended by Historians, which himself thus defends: Being an enemy, I purposed to kill an Enemy. Porsena himself, in this act, acknowledges nothing but valour. Valerius Maximus calls it a pious 
Lib. 3. c. 3.  and valiant design, and Cicero praiseth it in his Oration for P. Sextius. It is indeed lawful to kill one's Enemy every where, not only by the Law of Nature but of Nations too, as we have said above: nor is it material, what the number is of those 
Justin. lib. 2.  that do, or suffer. Six hundred Laconians with Leonides entering the Enemy's camp, go on strait to the King's tent. Fewer might lawfully have done so 
† Valens promised money to him that would bring the head of a certain Scythian, and so obtained peace. Zozi. 4. ' L●…v l●…b. 27. . Few were they, that killed the Consul Marcellus being secretly circumvented 
* Tacit. hist. 5. ; and that were very near stabbing Petilius Cerialis in his bed 
* Liv. lib. 2. Lib. 3. 〈◊〉. ult. ad l. corn. de Sicariis pun. Vid●… Cromerum p. 113.  Ambrose commends Eleazar 
† Et Joseph antiq. 15. 14. Factum non dissimile Theodosii in Eugenium est apud Zosimum l. 4. Gallorum in regem Persarum apud Agathiam: Persarum decem in Julianum apud Ammianum 24. & Zosimum 3. Alexii Comneni in Torusen apud Nicetam Chro●…aten lib. 4. de Manuele. Bulgarorum in Nicephorum Imp. apud Zonarum.  for setting upon an Elephant bigger than the rest, supposing the King sat thereon. Nor only they that do these things, but they that appoint others to do them, are accounted without fault by the Law of Nations. Scavola's boldness * was authorised by those old Roman Senators, so religious in their Wars. Nor ought any one to be moved with this, that such being taken are wont to be extremely punished: for that proceeds not from their having offended against the Law of Nations, but from this, that by the same Law every thing is lawful against an enemy: and every one, as it is for his own profit, determineth, either more rigorously, or more gently. For so also Spies, who doubtless by the Law of Nations may be sent, such as Moses sent, such as Jo●…a himself was, being deprehended, were used very ill (The custom is to put spies to death, as Appian saith:) justly sometimes, by these that manifestly have a just caus●… of Warring; by others, by that licence which the Law of war granteth. As 〈◊〉 those that have refused such offered service, their refusal is to be referred to their nobleness of mind, and their confidence in their known strength, not to any opinion of just or unjust. But, concerning those Murderers, whose act hath perfidiousness in it, we must make another ●…udgment. Nor do they themselves only act against the Law of Nations, but they also that use their service. For, though in other things, who use the service of wicked men against an Enemy, are judged to sin before God, not before Men (i. e. against the Law of Nations:) because in that point, customs have overpowred Laws, 
Lib. 8. epist. ad Ruf.  and to deceive after the manner of the times (as Pliny speaks) is Prudence: Nevertheless, that custom hath stayed beneath the right of killing. For here, who useth another's treachery is believed to have violated the Law, not of Nature only, but of Nations. This is signified by those words of Alexander to Darius: Ye undertake i●…pious wars; and though 
Curt. lib. 4. & lib. 14. Apud Livium est de Perseo: Non justum apparare bellum regio animo, sed per omnia clondestina grossari scelera lotrociniorum & vene●…um. lib. 42. Marcius Philippus de ●…dem factis Persei agens lib. 44. Ea omnia quam Diis quoque invisa essent, sensurum in exit●…s re●…um suarum.  ye have arms, ye bid money for the heads of your enemies. And a little after, Ye have not kept the Laws of War with me. Elsewhere, He is to be pursued by me to his utter ruin, not as a just Enemy but as a Murderer and Poisoner. That of Valerius Maximus is pertinent 
* Lib. 9 c. 7. : The death of Viriatus hath a double charge of perfidiousness; one against his friends, because he was stain by their hands; another against: Q. Servillus Coepio the Consul, becauso the was the Author of this wickedness, having promised impunity: and so deso●…ed not the victory, but bought it 
† Scripture de viris illust: Quae victoria, quta emta erat, à Senatu non probata. Eutropius: Cum interfectores ejus praemium à Caepione Consul peterent, responsum est, Nunquam Romanis placuisse Imperatorem à 〈◊〉 militibus intersici. Ubi forte legendum, à Coepione Consul promissum. Sic quod in 〈◊〉 rium admissum est, damnat Marcellinus. lib. 30.  The cause why it was determined so in this case, and not in others, is the same we set down before, concerning poison; viz. lest dangers should be too much heightend, especially theirs who are most high. Eumenes said 
* Justin. l. 14. lib. 12. , he did not believe any Commander would be willing to overcome so, as to give a very bad precedent against himself. And in the same Historian, when Bessus had laid hands upon Darius, it is said a matter of example and the common cause of all Kings 
† Soneca: Regi tuenda est maxime Regum salus. consuls Rome, in epist. ad Pyrrhum: Communis exe●… & fidei visum est, ut te salvum velimus: Tao. Lib 11. Curt. lib. 7. Sic laudatur Artabanes occiso Gontharide apud Procopium, fine Vandalic. 2. . This therefore is not lawful in a solemn war, or among them who have right to proclaim a solemn War: but without that, it is accounted lawful by the same Law of Nations. So Tacitus saith, the treachery against Gannascus a revolter was not degenerous. Curtius saith, the perfidiousness of Spitamenes might be the less odious, because nothing seemed impious against Bessus the Murderer of his King. So also, to be perfidious to Thiefs and Pirates, though not without fault, is unpunished among the Nations, because such rogues are hated.   

XXXIII. Of ravishing of Women in War.  
RAvishing of Women you shall often read in war, both permitted and not permitted. They that have permitted it considered only the injury offered to another's body; to which, they judged it meet for the Law of arms, whatever is the enemies, should be subject. Better minded were others, who considered here not the injury alone, but the very act of inordinate wild lust, and that it perteins neither to security nor to punishment; and therefore, it ought not to be unpunished, no more in war than in peace. This latter is the Law, not of all Nations, but of the best. So, Marcellus 
* And Lucullus, as Xiphilin relates. See the edict in Procop. Vand. 1. Aug. de Civit. Dei lib. 2. Liv. lib. 26.  before he took Syracuse, is related to have taken care of preserving chastity even in the enemy. Scipio saith in Livy, If concerned him and the people of Rome, that nothing which is any where sacred should be violated by them: any where; i. e. among the more virtuous and Civil Nations. Diodorus Siculus, of the Soldiers of Agathocles: They did not abstain, no not from dishonouring and forcing Women 
† Appian. Mithrid. de Chiis captis: Mulicres & pueri barbarum in morem ab iis qui ducebant stuprati. Lib. 6. Va●…. hist. . Aelian, when he had told how the Sicyonian conquerors had prostituted the Pellenaean women and virgins, exclaims, Cruel acts, Oye Gods of Greece, and so far as I can remember, dishonest even in the sight of Barbarians! And it is fit to be observed among Christians 
* Belisarius observed it every where, and Totilas when he took Comes and Rome. Precop. Gott. 3. Deut. 21. 10. , not only as a part of military discipline, but also as a part of the Law of Nations, that whosoever hath violently injured Chastity, though in War, should every where be obnoxious unto punishment. For, neither by the Hebrew Law should any such offender have escaped, as may be understood by that part of it 
* Which Philo eloquently expounds in his book of Humanity. Josephus, in his second against Appian, saith, The Law took care for captives in war, that they should not be put to shame, specially women. , constituted about marrying a Captive, and not selling her afterward. Upon which place Bacchai the Hebrew Master: It was God's will, that the Camp of the Israelites should be holy, not polluted with whoredoms and other abominations, like the camps of the Gentiles. Arrian, when he had related, how Alexander, taken with the love of Roxane, would not abuse her as a captive through lust, but vouchsafed her the honour of Marriage, adds a commendation of the deed. Plutarch, of the same deed; He did not lustfully abuse her, but, as became a Philosopher, took her for his wife. And one Torquatus, because he had offered violence to a Virgin of the enemies, was carried away into Corsica 
* But the Persian King Chosroes affixed him to the Cross who had ravished an Apamean maid. Procop. Persic. 2.  by decree of the Romans, as the same Plutarch has it.   

XXXIV. Of Wast. The Enemy's things may be spoilt. 
Cap. 5.   
CIcero said, It is not against nature 
Offic. 3. Sueton. Nerone 40. tanquam occasione nata spoliandarum jure belli opulentissimarum provinciarum. Cypr. de Mortalit. Sic cum irruptione hostili Civit as aligua possessa est, omnes simul captivitas vastat. Lib. 31.  to spoil him, whom it is lawful to kill. No wonder then, that the Law of Nations permitted the goods of enemies to be spoiled, when it had permitted themselves to be slain. Polybius in the fifth of his Histories saith, it is comprehended in the Law of war, that the fortifications, Havens, Towns, Men, Ships, Fruits of the Enemies, and all things like, may either be carried away or destroyed. And in Livy we read, There are certain Laws of War, which are right to be done or suffered; namely, for fields to be burnt, houses ruined, spoils of men and cattle to be brought away. You may find in Historians, almost in every page, whole Cities overthrown, or walls leveled with the ground, populations and burnings of the Country. And we must note, such things are lawful also upon those that yield. The Townsmen, saith Tacitus, opening their gates 
Annal. 13.  submitted themselves, and all they had, to the Romans: Themselves were spared, the Town was fired.   

XXXV. Of spoiling things sacred and religious.  
NOr doth the mere Law of Nation●… (the consideration of other duties laid aside, of which we shall speak below) except sacred things, i. e. Such as are dedicated to God, or to the Gods. When places are taken by the enemies, all cease to be sacred 
* Tertullian in his Apologetic: Wars and victories, most part, consist in taking and overthrowing Cities. Which work is not done without injury of the Gods. The walls of Cities, and Temples of the Gods par●…ake in the s●…me ruin: the Citizens and Priests equally slaughtered: nor is the rapine of sacred riches and profane unlike. So many therefore are the sacrileges of the Romans, as their trophies; So many are their triumphs over Gods, as Nations, etc. , saith Pomponius the Lawyer 
† Po●…. l. cum loca. D. de religiosis. , The sacred things of the Syracusians, Victory made profane, saith Cicero 
* Cic. Verrina 4. . The reason whereof is this, because the things which are called sacred, a●…e not indeed exempted from human uses, but are public 
* Marsil. Pata●… in defensore pacis c. 5. p. 2. Nicol. Boerius Decis. 69. num. 1. B●…ssius in crim. de fo●…o competente num. 101. Cothman. cons. 100 num. 30. ; and they are named sacred from the end to which they are appointed. A sign of this which I say, is, that when any people yield themselves to another people or King, then also they yield those things which are called divine, as appears by the formula, which we have cited afore 
* Part. 1. 〈◊〉. 42. pag. 88 Cui convenit illud in Amphi●…uone Plauti: urbem, agrum, arras, socos, seque 〈◊〉 dedevent. Deinde: Dede●…, se, divina humanaque omni●….  out of Livy: and therefore Ulpian saith, public Right consisteth also in sacred things 
† In the necessity of times sacred things were converted to uses of war, by Pericles, under promise of making restitution. Augustus' borrowed money out of the Treasury of Temples. Appian Civil. 5. Heraclius in extreme need turned the Church-plate into coin: but afterward restored the price, as Theophanes relates. See the Oration of Laurent. in Bemb. l. 6. . Pausanias 
† Pausan. Areadicis.  saith, It was a custom common to Greeks and Barbarians, that sacred things should be in their power, that had taken Cities. And the same Author notes, that the consecrated Gifts were wont to be taken by the conquerors: and Cicero calls it the Law of War. So, Livy saith, the ornaments of the Temples which Marcellus brought from Syracuse to Rome were gotten by the Law of War. And Cato in his Oration in Sallust, relating what things are wont to happen to the conquered, puts among them the spoiling of Temples 
* Vide Cromerum lib. 17. Procop. Persic. 2. . Notwithstanding, this is true, if any divine power be believed to be in any Image, to violate that, is high impiety in them, that agree in such persuasion; and in this sense of impiety, or of the Law of Nations broken, are they sometimes accused, who have committed such things; viz. on supposition of such persuasion. 'Tis otherwise, if the enemies are of another opinion; as, the Jews were not only permitted, but commanded to abolish the Idols of the Nations: for, that they are forbidden to take them to themselves, is 
Deut. 7. 5.  upon this ground, that the Hebrews might the more detest the superstitions of the Heathens, being admonished of their impurity by the interdict of a touch; not, as if the sacred things of Aliens were spared, as 
Antiquae hist. 4. 〈◊〉. & libro contra Ap. altero.  Josephus expounds it, in favour of the Romans, no doubt; as also, in the exposition of another precept, of not naming the Gods of the Nations; which he so explains, as if they were forbidden to speak against them; when in truth the Law suffered them not to mention them for honour's sake, or without abomination. For, the Hebrews knew, by the infallible Word of God, that in those Images neither dwelled the Spirit of God, nor good Angels, nor the virtue of Stars, as the deluded Nations thought, but wicked Devils, enemies of Mankind; so that Tacitus 
Tacit. hist. 5.  rightly said, in describing the Jewish Institutions, All things are there profane, 
1. Macc. 5. & 10.  which with us are sacred. No wonder then, if we read more than once, that Temples of profane worship were burnt by the Maccabees. And Xerxes too, when he destroyed the images of the Grecians, 
Ascon. pad. in Verr. 3.  did nothing against the Law of Nations (though the Greek writers much exaggerate the fact to bring it into hatred.) For, the Persians 
† Diogenes Laertius in his beginning, saith, Images are condemned by the Magi.  believed not any Deities to be in Images, but that the Sun was God, and the Fire some portion of him. By the Hebrew Law, as the forecited Tacitus rightly, All were kept from entering into the Temple, beside the Priests. But Pompey, as he saith, entered the Temple by the right of victory; or, as Augustin, 
De Civil. Deil. 18. cap. 45.  not with the devotion of a suppliant, but by the right of a Conqueror. Well did he, that he spared the Temple, and the Things of the Temple, though (as 
Pro Flacea.  Cicero plainly) for shame and fear of obuectators, not for Religion; he did ill, that he entered, as in contempt of the true God, wherewith also the Prophets do upbraid the Chaldaeans; for which cause too, 
Dan. 5. 〈◊〉.  some think it came to pass by the singular providence of God, that the same Pompey was slain even in the view of Judaa, at Cassium a Promontory of Egypt. Howbeit, if you look upon the Romans opinion, Nothing was therein done contrary to the Law of Nations. So Josephus relates, how the same Temple was given up to destruction by Titus, and addeth, It was done by the Law of War 
* Bell. jud. l. 6. c. 24. & 34. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  What we have said of sacred things ought to be understood also of religious. For these too are not in the possession of the dead, but of the living, whether a people, or family. Wherefore, as sacred places taken by the enemies, so religious likewise cease to be such, as Pomponius hath written in the place afore, and Paulus the Lawyer 
* L. Sepulchra. D. de sepulc. violato. ; The Sepulchers of the enemies are not religious to us, and therefore the stones taken thence we may convert into any use. Which yet is so to be understood, that the bodies of the dead be not treated ill, because that is against the right of burial, which was introduced by the Law of Nations, as we have demonstrated above 
* Part. a. n. 73. .   

XXXVI. About acquisition of things taken in war. What is the Law of Nature: what, of Nations. 
Cap. 6.   
BEside the impunity of some acts against men, of which we have spoken, there is also another effect in solemn War, properly arising out of the Law of Nations. And truly by the Law of Nature, in a just War, those things are acquired to us, which either are equal to that, which being due unto us we cannot otherwise obtain; or also, which do infer damage to the guilty part, within fit measure of punishment, as hath been said above. By this right Abraham, of the spoils he had taken from the five Kings, gave the Tithe to God 
* And food to his servants, and part of the spoil to his companions. vide Josephum in hac historia. Hebr. 7. 4. Gea. 14. , as the Divine Writer to the Hebrews explains the History extant in Genesis. After the same manner, the Greeks too, the Carthaginians, and Romans, consecrated the Tenth of the spoil to their Gods, as to Apollo, Hercules, Jupiter, Feretrius. And Jacob bequeathing a Legacy to Joseph above 
Gen. 48. 22.  his brethren, saith, Moreover I give to thee one portion above thy brethren, which I took out of the hand of the Amerite with my sword, and with my bow. In which place 
* The Chaldee interprets it done by Prayers to God, who by a singular favour preserved Sichem for Jacob and his posterlty. , I took, seemeth by a Prophetic way of speaking, to mean, I will certainly take; and here is attributed to Jacob that which his posterity called by his name should do afterward; as if the person of the progenitor and his children were the same. For, this is righter, than with the Hebrews to draw these words to that spoil of the Sichemites, which was made before by the sons of Jacob: which being joined with perfidiousness 
Gen. 34. 30. 49. 6.  was condemned by the piety of Jacob, as we may see in the Story. Now, that the right of taking spoil was approved of God, within those natural bounds which I have mentioned, is manifest also in other places. God in his Law 
Deut. 20. 14.  speaking of a City conquered after the refusal of peace, saith thus: All the spoil thereof shalt thou take unto thyself, and thou shalt eat the spoil of thine enemies, which the Lord thy God hath given thee. The Reubenites, Gadites, and part of the Manassites are said to have conquered the Ituraeans and their neighbours, and to have taken from them much spoil, this reason being added; because they called 
1. Par. 5. 20, 21, 22. 2. Par. 14. 13.  upon God in the war and God had heard them graciously: As also that pious King Asa is said, after prayer to God, to have gotten both victory and spoil of the Ethiopians, that provoked him by unjust war: which is the more to be observed, because those arms were taken, not by special mandate, but by common right. And Joshua encouraging the said Reubenites, Gadites, and Manassites, saith, Be 
Jos. 22. 8.  ye partakers of the spoil of the enemies together with your brethren. And David, when he sent of the spoils gotten from the Amalikites to the Elders of the Hebrews, 
〈◊〉 Sam. 30. 26.  addeth in commendation of his present, Behold, this is a Gift for you of the spoil of the Lord's enemies. For verily, as Seneca saith, it is the glory of military men 
De benef. 3. 37.  to enrich one with the enemy's spoils. And there are extant divine Laws about dividing the spoil, Numb. 31. 27. And 
Philo de diris.  Philo saith, it is among the Threats of the Law, that the field should be reaped by their enemies, whence would follow their own famine, and their enemy's plenty. But, by the Law of Nations, not only he that wageth war on a just cause, but every one, in solemn War, and without end and measure, is made Master of all he takes from the enemy, in that sense, that by all Nations both himself, and they that have Title from him, are to be maintained in the possession of such things; Which, as to external effects, we may call Dominion. Cyrus' in Xenophon: It 
Xen. 5. de instit. Cyri.  is an everlasting Law among men, that, the enemy's City being taken, their goods and money should be the Conquerors. Plato said, The Conquerors get all that the Conquered had; who in another place, among the kinds of acquisition, that are as 'twere natural, puts the Polemical for one, having therein the assent of the forecited Xenophon; in whom Socrates by interrogations 
Sophist. Com. 4.  brings Euthydemus to a confession, that 'tis not always unjust to spoil, namely, an enemy. Aristotle also saith, 
1. Polit.  The Law is as a common agreement, whereby the things taken in War become the Takers 
† Apud Plutarch. in vita Alex. Ea quae victi fuerant, & esse & appellari debent Victoris. Ibidem. Vincentes etiam ca quae hostium sunt, sibi acquirere. Diodorus Siculus excerptis Peiresian. n. 467. Quae armis quaesita essent & parta belli jure, non di●…tenda. Etiam Clemens Alexand. ait, res hostium rapi & acquiri belli jure. Strom. 1. Liv. lib. 39 L. naturalem. §. ult. D. de acq. rerum dom. tit. de rer. dio. . Philip in his Epistle to the Athemans': We all do hold Towns left us by our Ancestors, or gotten by the Law of War. Aeschines: If in War made against us you have taken the City, by the Law of War you possess it rightly. Marcellus in Livy saith, what he took from the Syracusians, he took away by the same Law. Things taken from the enemies presently become theirs that take them, by the Law of Nations, saith Caius the Lawyer. Theophilus in the Greek Institutions calls this acquisition Natural: for, not any cause but the naked fact is considered, and thence a right springeth: as also Nerva the son (the Lawyer Paulus reporting it) said, the dominion of things began from natural possession, and some print thereof remains in the things taken in the Land, the Sea, & the Air; and in things taken in War; all which instantly become theirs, who first laid hold on the possession. From the enemy are judged to be taken away, those things also, which are taken away from the subjects of the enemy. So Dercyllides argueth in Xenophon, when Pharnabazus was the enemy of the Lacedæmonians, 
Hist. Gr. 3.  and Mania subject to Pharnabazus, the Goods of Mania were in such a case, that they might be rightly seized on by the Law of War.   

XXXVII. When Movable Goods are by the Law of Nations judged Taken: When Lands.  
MOreover, in this question of War it hath pleased the Nations, that he may be understood to have taken a thing, who so deteins it, that the other hath lost all probable hope of recovery, that the 
L. Pomponius. D. de acq. rer. dom. L. postlim. ¶. postliminio. D. de captain. l. ult. Ib. l. postlim. ¶. in bello. d. tit. Inst. de rer. divis. ¶. item ea. Inst. d. loco. l. naturalem. ¶. item de acq. rer. dom.  thing hath escaped pursuance, as Pomponius speaketh in a like question. And this so proceeds in movable goods, that they are said Taken, when they are brought within the bounds, that is, the guards of the enemy. For in the same manner a thing is lost, as it returns by Postliminium. It returns, when it comes within the bounds of Empire, i. e. within the guards. And Paulus saith plainly of a man, that he is lost, when he is gone beyond our bounds: and Pomponius interprets him Taken in War, whom the enemies have taken out of ours, and brought within their own guards; for before he is brought into their guards he remains a Citizen. Now, in this Law of Nations, there was the same reason of a man and of a thing. Whence it is easy to be conceived, that elsewhere things taken are said presently to become the Takers, aught to be understood with some condition, to wit, of continuing the possession so far; whence 
Consulatn maris c. 283. & 287. Constit. Gallicae lib. 20. tit. 13. art. 24. Corn. de Lap. in Gen. c. 14. Molin. disp. 118. L. quod meo. D. de acq. vel amit. poss.  it seemeth to follow, that on the Sea, ships and other things may then be thought taken, when they are carried away into the Haven, or the place where the Navy lies: For then, the recovery seems to begin to be past hope. But, by the newer Law of Nations among the people of Europe we see 'tis introduced, that such things are supposed taken, when they have been in the enemy's power for the space of four and twenty hours 
* By land also the same is observed, as you may learn out of Thuanus l. 113. in an. 1595. Vid. & Alb. Gent. Hispan. Adu. l. 3. . As for Lands or Fields, they are not conceived presently to be taken, so soon as they are sat upon. For, though it be true, that that part of the field, which an Army hath entered with great force, is for the time possessed by it, as Celsus hath noted; Yet, as to that effect which we speak of, every possession is not sufficient, but a firm possession is required. Wherefore the Romans were so far from judging the field which Annibal encamped in without the Gate, to be lost, that at the very same time it was valued at the same price it was sold before. That field than will be supposed taken, which is so included with lasting fortifications, that without overcoming them the other party can have no access. Whence it is a very probable derivation 
* Territorium à terrendis hostibus. Sic. Flac. à terendo. Var. à terra. Frontin. à terrendi ●…ure. Pomp. Xea. lib. de Vectigal. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  of the word Territory, from terrifying the enemies. So Xenophon saith, the possession of land in the time of War is retained by Forts or muniments.   

XXXVIII. Things that are not the enemies are not acquired by war. Of Goods found in the Enemy's Ships.  
ANd this is manifest, that a thing may be made ours by the Law of war, 'tis required, that it have been the enemies; For, things that are with the enemies, that is, in their Towns, or within their guards, but whose Owners are neither the enemies subjects, nor of an hostile mind, those things cannot be acquired by war, as appears, among other arguments, by that saying of Aeschines 
† De malè obita legatione.  that Amphipolis, a City of the Athenians, by the war of Philip against the Amphipolitans could not become his. For, both Reason faileth, and this Right of changing Dominion by force is so odious, that it is not fit to be produced. Wherefore, what is wont to be said, 
* Consul. maris c. 273.  that the Goods are the enemies, which are found in the Enemy's ships 
† Neither are the ships of friends to be made a prey because of the enemy's goods, unless it be by consent of the Masters of the ship. L. Cotem. D. de Publicanis. Rodericus Zuarius li. de usu maris, Consil. 2. 〈◊〉. 6. And so I think the Laws of France are to be understood, which subject ships and goods to the prey for one another. Otherwise the things alone become a prey. Meurs. Danic. lib. 2. So in the War of the Venetians with the Genuans, the Greek ships were sea●…ched, and the enemies hidden there drawn forth. Gregoras lib. 9 vide & Crantzium Saxon. 2. & Albericum Gentilem Adv●…. Hispan. lib. 20. , ought not to be so understood, as if it were a certain Rule of the Law of Nations, but that it may show a presumption, which yet by strong proofs to the contrary may be overthrown. So, in our Holland, long since, Anno 1338. in the heat of War, I have found it was judged in full Senate, and upon that judgement passed into a Law.   

XXXIX. By the Law of Nations the things are made ours, which our enemies took from others by war.  
ANd this is without Controversy if we respect the Law of Nations, Things taken by us from the enemies cannot be challenged by them that had possessed them before our enemies, and had lost them by war: because the Law of Nations made the enemies first masters by external dominion, and then us. By which right, among other arguments, Jephtha defends himself against the Ammonites, because that Land which the 
Jud. 11. 23, 24, 27. 1 Sam. 30. 20.  Ammonites challenged, by the Law of war had passed from the Ammonites to the Hebrews; as also another part, from the Moabites to the Amorites, and from the Amorites to the same Hebrews. So David accounteth that for his own, and divides it, which he had taken from the Amalekites, the Amalekites formerly from the Philistines 
† So Resin King of Syria gave a City which was the ldumaeans not to them, but to the Syrians to be inhabited, as the Masorets read, 2 Reg. 16. 6. Halicarnass. l. 6. . Titus Largius in Dionysius Halicarnassensis, when the Volscians requested to have their old possessions again, gave his opinion, in the Roman Senate, thus: We Romans believe 
De Veiis idem in Romulo narrat Plutarch.  those possessions to be most honourable and just, which we have taken by the Law of War, nor can we be induced, by a foolish facility to part with the monuments of our valour, and restore them to those that were not able to keep them. Nor do we judge such possessions to be communicated only to our Countrymen now living, but to be left to our posterity. So far are we from relinquishing what we have got, and dealing with ourselves as if we were our own enemies. And in the answer of the Romans given to the Aurunci: We Romans are of 
Halic. l. 8.  this Judgement, what one hath gotten of his enemies by valour, he may transmit to his posterity by right. Livy, after his narration how the land near Luca was divided by the Romans, notes, That Land 
Lib. 41.  was taken from the Ligures, and had been formerly the Ethruscians. By this right was Syria retained by the Romans, as Appian notes, and not restored to Antiochus Pius, from whom Tigranes the Romans enemy had forced it: and Justin out of Trogus makes Pompey answer the same Antiochus in this manner: As he 
Mithrid. Civil. 1: Lib. 40.  did not deprive him of his Kingdom when he had it, so would he not restore him to the Kingdom he had lost to Tigranes, and knew not how to keep. And likewise those parts of Gallia which the Cimbrians had taken from the Galls, the Romans took for their own.   

XL. Of the Right over Captives. Their Condition, and the reason of it. 
Cap. 7.   
IN the Primitive state of Nature, no men 
L. Libertus §. 1. D. de statu hom.  are servants: yet is it not repugnant to Natural Justice that by the fact of man, that is, by Covenant or transgression, servitude should come in. But, by that Law of Nations, of which we now speak, servitude is of larger extent, both as to persons, and as to effects. For, if we consider Persons, not only they that give up themselves or promise servitude are accounted for servants, but all indeed that are taken in public solemn War, after they are brought within the guards, as Pomponius saith. Nor is Transgression 
L. postlim. ¶. 1. D. de captiv. L. in bello D. de captivis.  necessary, but the lot of all is equal, even of them, who by their ill fortune 
* Philo: Multi viri boni variis casibus nativam libertatem amiserunt. Pueros bello captos abducere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocat Oppian. , after war is on the sudden begun, are deprehended within the bounds of the enemies. Nor are they servants only themselves, but also their posterity for ever: to wit they that are born of a mother being a servant after servitude 
† L. & servorum ¶. 1. D. de statu hominum. 1 Cor. 5. . Now, the effects of this right are infinite, so that, as Seneca the Father said, there is nothing which is not lawful to a Master over his servant. No suffering, which may not freely be imposed on him; no work which may not every way be commanded or extorted from him: so that even the cruelty of Masters toward servile persons is unpunished, unless so far as the Civil Law sets a measure and a penalty for cruelty, We may observe, saith Caius, that Masters, 
L. X. D. de his qui sui sunt juris. Instit. de his qui sui.  among all Nations equally, have had power of life and death over their servants. Then he addeth, that limits were appointed 
Donat. ad Ter. And. A. 1. S. 1. Quid non justum domino in servum?  to this power by the Roman Law, to wit, on Roman ground. Moreover, all things which are taken with the persons are acquired to the Master. The servant himself, who is in the power of another, 
Instit. per quas person. ¶. item vob.  saith Justinian, can have nothing as his own. Whence is refelled, or at least restrained, their opinion, who say incorporal things are not acquired by the Law of War. For, it is true, they are not primarily and by themselves acquired, but by means of the person whose they were. Yet here are to be excepted those things which flow from a singular propriety or the person, and therefore are unalienable, as the right paternal. For these, if they can remain, remain in the person; if not, they are extinguished. Now, all these things were introduced by the Law of Nations, for no other cause, but that the Takers tempted by so many commodities might willingly abstain from that extreme rigour, whereby they might kill those they 
L. Pupillus. D. de V. S. vide & Servium ad 5. Aen. ubi originem vocis saltem explicat.  had taken, both at the instant, and afterward, as we have said afore. The appellarion of servants, saith Pomponius, is derived hence, that Commanders are accustomed to sell Captives, and so preserve and not kill them. I said, that they might willingly abstain: for here is nothing like a Covenant whereby they may be Compelled to abstain, if you look upon this Law of Nations, but a manner of persuading from consideration of that which is more profitable. And for the same cause, this right is also transcribed to others, just as the dominion of things. The reason why this dominion was extended to the Children, is, because otherwise, if the Takers should use their highest right, they would not be born. Whereto is Consequent, that the Children born before that calamity, unless they be taken too, become not servants. And, the reason why it pleased the Nations, that the Children should be of their Mother's condition, is, because servile copulations were neither regulated by Law nor by certain custody, so that no sufficient presumption could show the Father. So is that of Ulpian to be understood, The Law of Nature 
L. Lex Naturae. D. de statu hom.  is this, that he which is born without lawful Matrimony, should follow the 
Caius JC. lib. 2. rerum quotidian. Item quae ex hostib. capiuneur jure gentium stati●… capientium flunt adeo quidem ut liberi homines in servitutem deducantur.  Mother. That is, The Law of general custom drawn from some natural reason, as we have elsewhere showed that the word Natural Law is taken. Now, that these rights were not in vain introduced by the Nations, may be understood by example of Civil Wars; wherein, for the most part, we see those that are taken slain, because they could not be brought under servitude: which Plutarch also hath noted in the life of Otho, and Tacitus in the second of his Histories.   

XLI. This right over Captives prevailed not among all Nations, nor doth it prevail among Christians.  
NOtwithstanding, we must know, this Law of Nations concerning Captives hath not been always received, nor among all Nations; though the Roman Lawyers speak universally, styling the more notable part by the name of the whole. So, 
Deut. 23. 15. Vide praeceptorum vetantium 180.  among the Hebrews, who were segregated by special Ordinances from the community of other people, refuge was granted unto servants, namely those (as Interpreters rightly observe) who fell into that calamity by no fault of their own. And Christians 
† The Essenes' also, from whom the first Chr●…stians took beginning. See Josephus.  have generally agreed, that 
Bart. in l. hosts. D. de captain. Cova●…. in c. peccatum. p. 2. 〈◊〉. 11. n. 6.  such as are taken in War between them should not become servants, to be sold, to be forced to work, and suffer the like servile things. Very justly; because they had, or aught to have, learned better of the Commendator of all Charity, than not to be kept from the kill of miserable men, except by concession of a less cruelty. And that this hath passed heretofore from the Ancestors to their posterity, among professors of the same Religion, Gregoras 
† Greporas lib. 4. Mos hic est ab antiquo deductus, ad posteros, propter fidei consortium, ut res quidem in praedam vertere liceat, homines autem nec captivos facere, nec interficere ex●…ra praeli●… tempus.  hath written; nor, was it proper to the Subjects of the Roman Empire, but common with the Thessalians, Illyrians, Triballians and Bulgarians. Thus hath the reverence of the Christian Law effected this at least, though it be but small, which Socrates of old, when he would have persuaded the Greeks to observe toward one another, could not obtain 
* Plato 5. de Repub. . The same do the Mah●…metans also observe among themselves in this point 
* Chalcocondyl. lib. 3. Leunclav. lib. 3 & 17. Busbequius epist. exoticatum. 3. , which the Christians do. Yet, even among the Christians, hath remained a custom to keep the Captives, until a ransom be paid, whose valuation is at the pleasure of the Conqueror; unless a certainty were agreed on. And this right of keeping the Captives is usually granted all that have taken them, except the persons of eminent place and dignity; for, over these, the manners of most 
Bart. in l. nam. & seru. D. de Reg. gestis. B●…ër. decis. 178. Const. Reg. Hisp. lib. 8. tit. 26. pag. 2.  Nations give a right to the Commonwealth, or to the head thereof.   

XLII. Of Empire over 
Cap. 8.  the Conquered.  
HE that can subject unto himself particular men by personal servitude, no wonder if he can subject unto himself a community, whether it be a Commonwealth, or part thereof, by a subjection either merely Civil, or merely herile, or mixed. Therefore Tertullian said, Empires 
Apologet.  are got by arms, and propagated by victories. Alexander in Curtius; Laws are given by Conquerors, received by the Conquered 
† Minio in orat. ad Romanos, apud Liv. l. 35. Cur Syracusas' a●…que in alias Siciliae Graecas urbes Praetorem quotannis cum Imp●…rio & virgis & securibus 〈◊〉? Nihil a'iud prosecto dicatis, quam armis super at is vos iis has leges imposuisse. . Ariovistus in Caesar 
* De De bell. Gall.  saith, It is the Law of War, that they who have overcome should govern those whom they have overcome, as they please. Justin 
* Lib. 1.  out of Trogus relates, that the Warriors before Ninus sought not Rule for themselves but Glory, and being content with honour abstained from dominion; but Ninus was the first that enlarged the bounds of his empire, and subdued other Nations; whereupon, it went into a Custom. Bocchus in Sallust, saith, He took arms to defend his Kingdom; for, part of Numidia, whence he had expelld Jugurtha, was become His by the Law of War. Now, Empire may be acquired to the Conqueror, either only as 'tis in a King 
† Alexander after the Battle at Gaugamel was saluted King of Asia. The Romans said, what Syphax had was theirs by the Law of War. Ap pian. But, when the Hunni said, the Gepidae were theirs, because they had taken their King, the Romans denied that, because the Gepidae had rather a Prince than a King, nor were they in his Patrimony. Menander Protector.  or other Governor, and then He succeeds only into his right, and no farther; or also as 'tis in the people; in which case, the Conqueror hath Empire so, that he may also alienate it, as the people might. And so it came to pass, that some Kingdoms were in patrimony, as we have said afore 
† Part. 1. n. 47. . Farther, it may be, that the Commonwealth that was, may cease to be a Commonwealth; either so, that it may be an accession of another Commonwealth, as the Roman Provinces; or, that it may adhere to no Commonwealth, as, if a King waging War at his own charge, so subject a people to himself, that he will have it governed, not for the profit of the people chiefly, but of 
Lib. 7. de rep.  the Governor; which is a property of Heril Empire, not of Civil. Government, saith Aristotle, is either for the utility of the Governor, or for the utility of the Governed; this hath place among free men, that among Masters and servants. The people then, that is kept under such command, will be for the future, not a Commonwealth, but a great Family 
* Alexandrides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Tacitus; non dominationem & servos sed rectorem & cives cogitaret. Xenophon saith of Agesilaus, that when he conquered Cities, he governed them as free, and did not enslave them. . And hence may be understood, what kind of empire is that which is mixed of Civil & Heril, to wit, where servitude is mingled with some personal liberty. So we read, people have been deprived of arms, and commanded to have no iron, but for agriculture; and others have been compel to change their language and course of life. Moreover, as things which did belong to particular men, are acquired by the right of war to them, who subject those men to themselves; so also the things of a Community become theirs who subject to themselves the Community, if they please. Annibal in his Oration to his Soldiers: Whatsoever the Komans do 
Liv. lib. 43.  possess, being gotten and heaped up with so many triumphs, All that together with the masters will be ours. So Pompey, what 
Strabo lib. 12.  Mithridates had taken and added to his Empire, subdued to the Roman people. Wherefore also incorporal rights of a community will become the Conqueror's, so far as he pleaseth. So, Alba being conquered, 
Dionys. 3.  the Romans challenged to themselves the rights of the Alban. Whence it follows, that the Thessalians were wholly freed from the obligation of the hundred talents; which sum, due from them to the Thebans, Alexander the Great, having conquered Thebes, forgave them by the right of victory. Nor is that true which in Quintilian is alleged on behalf of the Thebans, that that only is the conqueror's which he holds himself: and, incorporal right cannot be holden; and that the condition of an heir and of a conqueror is different, because the right passeth to the former, the thing to the later. For, ●…he that is Master of the Persons, is also Master of the things, and of all right which belongs to the Persons. He that is 
L. qui in servit●…te est. de regjuris. L. sic eveniet. D. ad leg. Jud. de adult.  possessed, doth not possess for himself; nor hath he any thing in his power, who hath not himself. Yea, if one leave the right of a Commonwealth to a conquered people, he may take to himself some things which were the Commonwealths; for, it is at his pleasure, to appoint what measure he will to his own favour. The fact of Alexander was imitated by Cesar, when he forgave those of Dyrrachium the debt which they owed to some one of the adverse party. But here might be objected, 
Cic. ep. ad Brut. 6.  that the War of Caesar was not of that kind of which this Law of Nations was established 
† Antonius commanded the Tyrians to restore what they possessed of the Jews, not granted to them by the Senate, and possessed before the War of Cassius. Josephus. vide & Beza●…um Genuen●… histor. lib. 20. .   

XLIII. Admonitions about things done in an unjust War. 
Cap. 10.   
I Must now return, and take away from those that wage War almost all that I have seemed to give them, and yet have not given. For I said at first, when I began to explain this part of the Law of Nations, that many things are lawful or of right, in that they are done impunè, without punishment, and partly because coactive judgements do lend them their authority; which things yet, either are exorbitant from the rule of right; whether that rule be placed in right strictly so called, or in the precept of other virtues; or else at least may be omitted better and with more commendation among good men. In Seneca's Troades, when Pyrrhus saith, No law spares a captive, or hinders his punishment, Agammenon replies, What Law forbiddeth not, Pudor forbids to be done. Where Pudor (or, Modesty) signifies not so much respect of men and reputation, as of Right and Good, or at least, of that which is righter and better. And in that sense you may often see Justice joined with Pudor, Plato; Justice is called the companion of Pudor, and 
Lib. 12. de leg.  that deservedly. And in another place; God fearing the destruction of mankind, 
Ad ineruditum praesidem.  gave unto men Justice and Pudor, the ornaments of Cities, and bonds of friendship. Cicero so distinguisheth between Justice 
Offic. 1.  and Modesty, that he makes it the part of Justice, not to violate men; of modesty, not to offend them. With that which we brought out of Seneca well agrees a saying 
Lib. 1. de ira. cap. 27.  of the same Author in his Philosophic writings; How narrow is that Innocence, to be good according to Law 
* Cic. de Offic. 3. Aliter leges, aliter Philosophi tollunt astutias. Leges quatenus manu tenere res possunt; Philosophi quatenus ratione & intelligentia. ? How much larger is the rule of duties than of Law? How many things doth piety, humanity, liberality, justice, faith require? all which are without the Statute-book. Where you see Law is distinguished from Justice; because Law contains that which is of force in external judgements. The same difference Aristotle intimates, disputing 
Arist. pol. 1. c. 6.  whether the servitude be to be called just, which ariseth from War. Some respecting one kind of just (for the Law is a certain just thing) say, servitude arising from war is just: yet not perfectly; because it may happen, that the cause of Warring was unjust. So also the Roman Lawyers, what 
L. postlim. in pr. D. de cap.  oftentimes they call the right of captivity, they elsewhere call injury, and oppose it to natural equity; and Seneca saith, the 
Epist. 32.  name of servant came from injury, respecting that which oft happens. And the 
Lib. 28.  Italians in Livy, retaining the things they had taken from the Syracusians in War, are called pertinacious to confirm their injury. Dion Prusaeensis, when he had said, 
Orat. 15.  Captives in war, if they returned to their own, received their liberty, adds, as men that were injuriously kept in servitude. Lactantius 
* Austin in his 4. Epistle, which is to Maicellmus, saith, If this earthly commonwealth would keep Christ's precepts, even wars would not be waged without kindness. Apud veros Dei cultores etiam ipsa b●lla pacata sunt. Idem.  speaking of the Philosophers; When they discourse of offices pertaining to war, they accommodate their words neither to justice nor to true virtue, but to this life and the custom of Commonwealths. And a little after he saith, the Romans did injury by Law. First, than we say, If the cause of war be unjust, although war be undertaken after a solemn manner, all acts that have their rise thence, are unjust by internal injustice: so that they, who knowingly do such acts, or do cooperate to them, are to be reckoned i●… their number, who, without Repentance, cannot enter into the Kingdom of heaven. 
1 Cor. 6. 10.  And, true Repentance, if time and ability be not wanting, by all means requires, that he who hath given the damage, 
Num. 5. 6.  whether by killing, or by spoiling things, or by taking the prey, repair the same 
* Hieron. ad Rust. Nec dif●…ertur ultionis sententia, si non reddantur universa. August. in epist. ad Maced. quae est 54. Si res aliena propter quam peccatum est, reddi possit & non redditur, poenitentia non agitur sed simulatur. . Therefore God saith, he hates the fasts of those that detain the prisoners not justly taken 
* Es. 58. 5, 6, 7. ; and to the Ni●…ivites their King proclaims, that they turn every one from the violence that is in their hands, seeing this by nature's light, that without such restitution repentance would be feigned and fruitless. And thus we find not only Jews 
† Vide Canon's paenitentiales Maimonidae cap. 2. §. 2.  and Christians to have judged, but the mahometans too 
† Vide Leunclav. Tu. cic. 5. & 17. Loss. l. 2. c. 13. dub. 4. . Now, to restitution are the Authors of war (whether by right of power, or by council) bound, concerning all the things that usually follow war; yea such things as are not usual, if they have commanded any such, or persuaded, or when they could hinder, have not hindered. So also Leaders are bound concerning the things done by their Command; and all soldiers fully, who have concurred to any common act, as namely the burning of a town; in divided acts, every one for the damage whereof himself is the only cause, or at least one of the causes. Nor can I 
Vasquez. lib. 1. controv. ill. c. 9 n. 17. Molin. disp. 118. §. ut vero.  think, that exception is to be admitted, which is added by some, concerning them that do service unto others, if in them be any part of the fault. For the fault sufficeth to restitution without deceit. Some there are, who seem to be of opinion, that things taken in war, though the cause of war was not just, are not to be restored; because Warriors, when they enter into war against each other, are understood to have allowed those things to the Takers. But, no man is easily presumed vainly to expose his own, and war of itself is far distant from the nature of Contracts. And, that peaceable people might have somewhat certain which they might follow, and not be entangled in war against their will, it sufficed to introduce that external dominion of which we have spoken. Which also the said Authors seem to determine in the Law of the captivity of persons. Therefore the Samnites in Livy, We have sent back, say they, the 
Lib. 9  things of our enemies taken in prey, which seemed ours by the right of War. They say, seemed, because that war was unjust, 
Lib. 8.  as the Sammites had before acknowledged. Not unlike is this, that from a contract entered without deceit, wherein is inequality, by the Law of Nations there springs a certain faculty of compelling him who hath contracted, to fulfil his Convenants; and yet notwithstanding is he bound by the office of an honest and good man, who hath covenanted for more than is right, to reduce the matter to equality. Moreover, He that hath not himself given the damage, or hath given it without all fault, but hath in his hand a thing taken by another in unjust war, is bound to restore it; because, why the other should go without it, there is no cause naturally just, not his consent, not his i●…l desert, not compensation. There is an history pertinent to this in Valerius Maximus: The people of Rome, saith he, when 
Lib. 6. c. 5.  P. Claudius had conquered the Camerini by his fortunate conduct, and had sold them under the spear, though they saw the treasury increased with money, and the bounds of their fields enlarged, nevertheless, because the action seemed not to be done by their General upon a clear account, with very great care they sought them out, and redeemed them, and restored their lands 
* Mahumet the Turk commanded them to be freed, that were in the town of S. Mary in Ac●…aia. Chalcocond. l. 9 Liv. lib. 28. Liv. lib. 42. . Likewise to the Phocenses, by decree of the Romans, was also that public liberty rendered, and the fields that had been taken away. And afterward the Ligures, who had been sold by M. Pompilius, the price being repaid to the buyers, were restored to liberty, and ca●…e had for the restitution of their goods. The same was decreed by the Senate concerning the Abderites, the reason being added, because 
Lib. 63.  an unjust War is waged against them. Howbeit, if he that keepeth the thing hath laid out any cost or pains, he may deduct as much as was worth to the master to attain a possession despaired of; but if he that had the thing, being without fault, hath consumed or alienated it, he will not be bound, but for so much as he may be esteemed richer for it.   

XLIV. A Temperament about 
Cap. 11.  the right of killing in a just War. General rules.  
BUt, neither in a just War is that to be admitted which is said, He gives 
Omnia dat, qui justa negat. Lucan. Offic. 1.  all, that denies me right. Better said Cicero: There are some offices to be done even to them, from whom you have received injury; For revenge and punishment must have a measure 
† Tacit. 3. Annal. Pompeius' gravior remediis quam delicta erant. Ausonius; Vindictaque major Crimine visa suo est. . The same 
Offic. 2.  Author praiseth the old times of the Romans, when the Issues of Wars were, either mild, or necessary. Cruel they are, 
2. De Clem. c. 4.  saith Seneca, which have cause of punishment, but have no measure. They may, saith Aristides, they may also, who revenge 
Leuctrica 1.  themselves be unjust, if they exceed the mean. For, he that in punishing goes farther than is meet, is the second author of injury 
† Laudatur Propertio Minos; Victor erat quamvis, aequus in host suit. Sed & Ovidio: Leges captis justissimus auctor Host●… imposuit. . Now, when killing is just in a just war, according to internal justice, when it is not, may be understood by what we have said in the beginning of this Book. For it happens, that one is shin, 
* Vict. de jure belli. num. 36. & 45.  on purpose, or without purpose. On purpose no man can be slain justly, unless either for just punishment, or as without it we cannot defend our life and our goods; though this, to kill a man for perishing things, however it be not contrary to justice strictly so called, departeth from the Law of Charity. That punishment may be just, it is necessary that he who is slain have offended; and that so much, as may be ayenged with the punishment of death in the sentence of an equal Judge. Whereof we shall say the less now, because we have said so much afore about punishments. And afore, when we spoke of suppliants (for there are suppliants as well in War as in Peace) we distinguished 'twixt misfortune and injury. Gylippus in that place of Diedorus 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  inquires, in which rank the Athenians ought to be placed, whether of the unfortunate, or of the unjust; and saith, They cannot be accounted unfortunate, who of their own accord, provoked by no injury, had begun a war upon the Syracusians: whence he infers, Being they had of themselves undertaken the war, they must also be content to bear the evils thereof. An example of the unfortunate are They, who are with the enemies, without an hostile mind; such as the Athenians were in the times of Mithridates, of whom Velleius thus; 〈◊〉 
Vell. Pat. l. 2.  any one impute to the Athenians this time of rebellion, wherein Athens was besieged by Silvius, he is too ignorant of truth and antiquity. For, So sure was the Athenians fidelity toward the Romans, that always and in all things, whatever was done sincerely, the Romans said was done fide Attica, with Attic faith. But, at that time the Athenians were in a miserable condition, oppressed by the force of Mithridates: They were possessed by their enemies, and besieged by their friends: They had their minds without the walls, and their bodies within, yielding to necessity. Which last clause seems taken out of Livy, in whom Indibilis the Spaniard saith, his body only was with the Carthaginians, 
Lib. 26.  his Soul with the Romans. Verily, as Cicero speaketh, all men having their 
Pro Quintio.  life in another's hand, more often think, what he can do, in whose power they are, than what he ought to do. The same for Ligarius; The third time is, when after the coming of Varus he stayed in Africa: which, if it be a crime, is a crime of necessity, not of will. And Julian considered this in the cause of the Aquileians, as Ammianus testifies, who, when he had 
Lib. 21.  related the punishment of a few, addeth, The residue, all, went off free; whom necessity, not their will, had engaged in the tumult 
* Halicarnass. l. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . The old Commentator upon the place of Thucydides about the Corcyreans Captives sold; He shows the clemency worthy of Grecian Natures: for 'tis hard tok ill Captives after fight, servants especially, who do not war of their own accord. Moreover we must note, between full injury and mere misfortune often intercedes some Mean, which is as 'twere composed of both: so that it can neither be called the act of one knowing and willing, nor merely the act of one ignorant or unwilling. Aristotle put the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
Moral. 5.  upon this kind; we may call it some fault. The same Aristotle; Equity commands, 
De arte Orat. lib. 1.  that we equal not in●…uries and faults, nor faults and misfortunes; misfortunes are they, which could not be forescen, nor are admitted with a wicked mind; faults, which might be foreseen, yet are not done with a wicked mind; injuries, which are done with a wicked mind and purposely 
† Tria haec notarunt vete es, & 〈◊〉 illo Homerl versu de Achille, ●…iados postremo; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ph●…lo, autem in leg. spec explication 〈◊〉 ait: Demidiatum esse facinus, ubi non accessit 〈◊〉 animi deliberatio. Thucydides lib. 4. credibile est apud Deum quoque paratam esse veniam his qui bello aut qua simili necessitate tracti liquid a●…mittunt. Cae i●…es anud Livium l. 7. Ne appellarent consilium, quae uts ac necessitas appellanda esset. Aristides Leuctr. 2. Difficilia tempora excusationem aliquam dant desciscertibus. . This distinction, by Themistius in the praise of the Emperor Valens, is applied to our argument, thus: You have made a difference 'twixt an injury, a fault, and a misfortune. Although you neither study Plato, nor read Aristotle, yet you put their doctrine into practice. For, you have not thought them worthy of equal punishment, who from the beginning persuaded the War, and who afterward were carried with the stream, and who at last submitted to him that now seemed to have the highest power. But, the first you concondemned, the next you chastised, the last you pitied 
* Idem Themistiu, alibi adolescentem Impe ●…orem vule discere, quid distet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, est quomodo regem deceat istius ●…ereri, hoc corrigere, post●…mum vero solum ultione prosequi. Such was Trajan, eminent among the Roman Princes, not exactly learned in words, but one ●…hat knew wh●… to do, and did it. Xiphil. M. 〈◊〉, a singular Prince, showing wisdom, not in word and opinions, but in temperance and gravity of manners. Herod. Macrinus did not know the Laws so exactly, as he executed them faithfully. Xiphil. O God I Give us but such Princes in our times 〈◊〉 . So, in Josephus, (lib. 5. belli Jud.) Titus inflicts 〈◊〉 Punishment upon the Leader in the Crime, verbal upon the following multitude. M●…er misfortunes, neither deserve punishment, nor oblige to the restitution of the damage, unjust actions, to both; A m●…an fault, as it is liable to restitution, so it often deserves not punishment, especially capital. What Themistius notes, that the Authors of war are to be distinguished 
* Vide Gail. l. 2. de pace pub. n. 18.  from the Followers, is frequently Exemplified in Histories. Herodotus 
* Herod. Cal.  relates, how the Grecians took revenge of those, who were Authors to the Thebans of a defection to the Medes. So were the Princes of Ardea beheaded, as Livy 
* Liv. lib. 4.  tells us; And in the same Author 
* Liv. lib. 26. , Val. Laevinus, Agrigentum being taken, beat with rods and beheaded those that were Chief in the business; the rest, with the spoil, he sold. The Athenians, in Thucydides 
* Thucyd. lib. 3. , repent of their decree against the Mitylenaeans, to put to the sword the whole City, and not the Authors of the desection only. And Diodorus saith, Demetrius having taken Thebes, put to death only ten of the principal offenders. Again, in the Authors of War, causes are to be distinguished: 
Vict. de jure belli. n. 59 l. 2.  for some, though not just, you are such, that they may impose upon men not wicked. The Writer to Herennius puts this as a most favourable cause of deprecation, if one hath offended, not out of hatred or cruelty, but out of duty and right affection. Seneca's wise man, will dismiss his Enemies safe, and sometimes 
Lib. 2. de clem. cap. 7.  commended, if they took Arms for honest causes, for faith, for league, for liberty. In Livy, the Caerites ask pardon 
Lib. 7.  for their error, that they aided their Kinsmen the Phocenses. The Chalcidians and others, that helped Antiochus according to their league, had pardon granted them by the Romans. Cicero saith, they are to 
De offic. 1.  be saved, who were not cruel and barbarous in the War: And, that Wars made for the glory of Empire, are to be waged with less bitterness. That hath place often, which is in Cicero, concerning the war of Caesar and Pompey: It was a dark War: a Contention 'twixt most famous leaders: many doubted what was best. And, what he saith elsewhere: Though we were in some fault of human error, yet certainly we are free from wickedness 
* De Deiotaro ille Cicero: Non ill●… odio tui progressus, sed 〈◊〉 communi 〈◊〉. Sallust in Hist. Caetera m●…lt tudo, V●…lgi more magis quam judicio, post alius alium quasi prudentiorem secu●…i. . Just as in Thucydides things are said worthy of pardon, which are done, not out of malice, but rather by mistake. What Brutus wrote of Civil, I think may be well referred to most wars, They are more sharply to be forbidden, than prosecuted. And where Justice doth not exact this, yet 'tis agreeable to Goodness, agreeable to Modesty 
† King Theuderichus in Cassiodor 2. 41. saith, Those wars succeeded best with him, which were accompanied with most moderation: for He is a perpetual Conqueror, who is temperate in all things. , agreeable to Magnanimity. By pardoning was increased the Greatness of the Roman People, saith Sallust: Tacitus: No less Gentleness is to be used toward suppliants, than stifness toward an enemy. It is a memorable passage in the fourth Book to Herennius: Well did our Ancestors observe this, to deprive no King of life, whom they had taken in War. Why so? Because it was not meet to use the power fortune had given in the punishment of them, whom the same fortune so lately had placed in the higest dignity. But did he not lead an Army against us? I will not remember that. Why so? Because it is the part of a valiant man to take them for enemies, that contend for victory; and to look upon the conquered, as men: that valour may diminish the danger of War, and Courtesy may increase the honour of Peace. But would he have done so, had he overcome? Why then do you spare him? Because I use to contemn such folly, not to imitate it 
† In panegyrico tamen qui dictus est Constantino Constantii filio:— caete●…i in viatu●… luce privati aliis regibus dedere documentum, ut mallent amicition colere Romanorum quam exasperare justitiam. Nolim reduci hunc morem; tamen & Josua reges captos interfecit. Nimi●…m haec documenta sunt regibus ad modestiam.  Perseus, Syphax, Gentius, Juba, and in the time of the Caesar's, Caractacus and others, escaped capital Punishment; so that it may appear, both the causes of war and the manner of waging it were considered by the Romans: whom yet Cicero and others do confess to have been somewhat too sharp in the use of Victory. Wherhfore M. Aemilius Paulus, in Diodorus Siculus, not amiss admonisheth the Roman Senators, in the Cause of Perseus: If they feared nothing human, yet they should fear divine revenge, imminent over them that use their victory with too much pride and insolence. And Plutarch notes, in the wars among the Greeks, the 
Agide.  very enemies held their hands from the Lacedaemonian Kings, in reverence of their dignity. An enemy therefore, that will regard, not that which human Laws permit, but that which is his duty, that which is good and pious, will spare even an Enemy's blood: and will put none to death, but to avoid death himself, or somewhat like death, or else for sins proper to the person, which amount to capital offences. And yet, to some that deserve death, he will forgive, either all punishment, or that of death; either for humanity sake, or for other probable causes. Excellently saith the now-cited Diodorus 
Lib. 27.  Siculus: Expugnations of Cities, prosperous fights, and whatsoever is in War successful, more often proceed from fortune than from valour: but, in the highest power, to bestow mercy upon the Conquered, is the work of Providence alone 
* Curtius; Alexander, quamquam belli auctoribus poterat irasci, tamen omnibus venia data. . Now, concerning the slaughter of them, who are killed by chance, not on purpose, we must remember, it is a part of mercy, if not of Justice, not without great causes and such as conduce to the safety of many, to enterprise ●…uch a thing, whence destruction may come upon the innocent. Polybius is of this mind, saying: It is the part of good men, not to wage a destructive 
Lib. 5.  War, no not with the bad; but so far, that offences may be repaired and amended: not, to involve the innocent with the guilty in the same ruin; but for the innocent, to spare the guilty also.   

XLV. Children, Women, old Men, Priests, Scholars, husbandmen, are to be spared.  
UPon those premises, 'twil not be hard to determine of the specials that follow. Let age excuse a child, sex a woman, 
Lib. 3. 24.  saith Seneca in the Books where he is angry with Anger. God himself, in the 
Deut. 20. 14.  wars of the Hebrews, even after peace offered and refused, will have women and infants spared; besides a few Nations excepted by special command; against which the war that was, was not of men, but of God; and so 'twas called. And when he ordered the Madianitish women to be slain, for a proper crime of theirs, he excepted Virgins that were untouched. Yea, when he had very severely threatened the Ninivites with destruction for their most heinous sins, he suffered himself to be restrained by compassion upon many thousands of that age, that knew not good from evil. Like whereunto is that sentence of Seneca: Is any one angry with 
De ira 2. 9 Lucan. Crimine quo parvi caedem potuere mereri.  children, whose age 
† Pliny in his natural history 8. 16. saith: A Lion, when he rageth, rageth upon men sooner than women, and not upon infants, unless provoked by great hunger. Philo of special laws 2. Many pretences may be found out against men of mature age, but against infant's calumny itself can find nothing to say, as being clearly innocents'. Josephus notes it in Manaem, as extreme cruelty, or rather barbarity, that he spared not Infants. Add that ●…hich Bed●… hath l. 2. c. 20. of the fer ty of Caraevolla: and a good Law of the Helvetians in Simler, and the pious commands of Q. Elizabeth in Camden in anno 1596.  doth not yet discern the differences of things? If God hath done and determined thus, who may without injustice slay any men of what sex or age soever without any cause, being the giver and Lord of life 
* Vict. de sure be●…, n. 36. ; what is fitting for men to do, to whom he hath given no right over men, but what was necessary to human safety and the conservation of society? Add here, concerning children, the judgement of those Nations and times wherein equity most prevailed. We have Arms (saith Camillus in Livy) not against that age, which even in taking of Cities is spared, but against armed men. And this is among the Laws of War: he means the Natural Laws. 
† Vita Camilli.  Plutarch speaking of the same thing: There are (saith he) among good men, certain Laws of War too. Where note that, among good men, that you may descriminate this Law from that which is customary and consisteth in impunity. So Florus saith, 
* Lib. 1.  It could not otherwise be, without violation of integrity. In another place of Livy: An age, from which Soldiers in their anger 
Lib. 24.  would abstain. And elsewhere: Their cruel wrath went on, even to the slaughtering of infants. Now, that which hath place in children always, that have not attained the use of reason, for the most part prevails in women; that is, unless they have committed something peculiarly to be avenged, or do usurp manly Offices. For it is a sex, as Statius speaks, that hath nothing to do with the sword 
† Sexus rudis insciusque ferri. Statius. Neroni hostem vocanti Octaviam in Trag. reponit praefectus, Faemina hoc nomen capit. Ideo Tucca & Varus delendos censuere in z. Aen. versus, ubi deliberate Aeneas, an Helenam occidat. . Alexander in Curtius 
* Lib. 5. ; I am not used to wage war with Captives and Women: he must be armed, to whom I am an enemy. Grypus in Justin 
* Lib. 38. . None of his Ancestors, among so many domestic and external wars, did ever after victory show cruelty to women, whom the softness of their sex exempteth from perils of War, and the rough handling of the Conquerors. Another in Tacitus: He carried arms against armed men, not against women. Valerius Maximus 
* Lib. 9 c. 1.  calls it barbarous and intolerable cruelty which Munatius Flaccus showed to Infants and Women. Latinus Pacatus saith, Women are a sex which wars do spare. Papinius hath the same of old men: They are a company violable 
Papin: Nullis violabilis armis Turba sins. Vict. d. loco.  by no arms. The same is to be determined universally of males, whose course of life abhors from war. By the Law of War, they that are armed and resist are stain, as Livy speaketh: that is, 
Lib. 28.  by that Law which agrees with Nature So Josephus saith; It is meet, that 〈◊〉 
Antiq. 12. 3.  fight they be punished that use weapons, no hurt must be done the guiltless. Camillus at the taking of Veiae proclaimed, that the 
Liv. lib. 5.  unarmed should not be touched. In this rank are first to be placed; Ministers of Sacred things: for these by the ancient custom of all Nations abstain from arms, and therefore no force was offered them. So the Philistines, enemies of the Jews, did no harm to the College of the Prophets 
* Hircanus' besieging Jerusalem sent Sacrifices to the Temple, as the Hebrews relate. So the Goths are praised by Procopius, who spared the Priests of Peter and Paul without Rome. Gotth. 2. vide Legem Longobard. l. 1. t. 11. 14.  that was at Gaba, as we may see, 1 Sam, 10. 5, 10. And so, to another place, where was the like College, as secluded from all injury of arms, David fled with Samuel, 1 Sam. 19 18. The Cretians, 
† Quaest Gr.  Plat●…ch tells us, when they were embroiled in Civil War, saved the Priests 
* Seru. ad 7. Aen. Nam eum defendebat à bello, si non aelas, saltem religio Sacerdotis.  from all harm, and those whom they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, men that had the care of but als, Strabo 
† Et Polyb. l. 4. & Diod. Siculus in exc. Peers. Likewise they that went to the Olumpian, Puthian, Nemean, Isthmian Games, in the time of War, had sa●… guard 〈◊〉 security. Thucyd. l. 5. & 8. Plutarch. Arato.  notes, when all Grecce in old time was enflam 〈◊〉 with war, the Eltans', as being sacred to Jupiter, and their guests, lived in secure peace. With Priests are justly equalled in this respect, they that have chosen a like kind of life, as Monks and Penitents; whom therefore, as well as Priests, the Canons following natural equity, will have spared 
* C. de treug. & 〈◊〉 . To these you may deservedly add those, who give themselves to the studies of good learning, and sciences useful to mankind. After these, Husbandmen; whom the Canons also ascribe. Diodorus Siculus 
* Lib. 2. Bibl.  reports of the Indians to their praise: In ●…itells the Enemies kill one another, but they meddle not with Husbandmen, as ●…en that are profitable to the public. Of the ancient Corinthians and Megareans, Plutarch: None of them did Husbandnen any haerm. And Cyrus sent a message to the King of Assyrians, That he was 
Xenoph. de Cyri. inst. 5.  ready to save those that tilled the ground, from all indemnity. Suidas, of Belisarius: He was so tender of the Countrymen, and took so much care of them, that, whilst be commanded, none of them ever had any violence offered him. The Canon adds Merchants; which is not only to be understood of them that stay for a time in the enemy's quarters, but of perpetual subjects: For their life hath nothing to do with Arms. And under this name are contained also other Workmen and Artificers, whose gain loves not War, but Peace.   

XLVI. Captives, and They that yield, are not to be killed.  
THat we may come to them that have born arms, we have afore related the saying of Pyrrh●…s in Seneca, that we are forbidden by Pudor, i. e. by respect of equity, to take away a Captives life; a like sentence of Alexander we had, 
Ad Bonifac. epist. 1.  wherein Captives are joined with women. Let that of S. Augustin be added: Let 〈◊〉 Will, but Necessity 
† Plutarch Marcello: Epaminond is and Pelopidas, neither killed any after victory, nor brought Cities into ●…irude; and the Thebans, it is believed, would not have done what they did against the Orchomenians, if they had been present. Marcellu followed their example, having taken Syracuse, as Plutarch there saith. See the same Plutarch in his Cato Uticensis. Procopius Persic. 1. When Ca●…ad King of Persia had taken Amida by force, and much slaughter was made, an old Priest told him, It was not royal to kill those whom he had taken. Idem Persic. 2. To rage against captives is contrary to piety. In the same Author is an excellent oration of 〈◊〉 to his Soldiers, Gott. 2. The Emperor Asexius in Annas Comnenas saith to one, persuading him to kill the Scythian Capti●…: Though Scythians, yet they are Men; though enemies, yet are they worthy of compassion. Gregoras lib. 6. What is done in the heat of battle is capable of pardon, whatever it be, because at that time the hand is not governed by reason; but when the d●…nger is past, and there is time to examine and judge, to let the h●…nd be 〈◊〉, and do things undecent, is a token of an evil mind. See Chalcocondylas, of the landable custom of the Polonians. Julian in his second Laudation of Constantin, under whose person he describes a good Prince: Being Conquero●… in battle, he eased the sword of any further work, thinking it great imp●… to take away life from one that ceaseth to defend himself.  slay a fight Enemy. As violence is rendered to him that warreth and resisteth, so to one conquered or taken, mercy is now due, especially to one not likely to trouble our Peace. Xenophon of Agesilaus: He charged his Soldiers, that they should not punish Captives., as guilty, but keep them, as men. Diodorus Siculus: All (the Greeks) oppose themselves 
Lib. 13.  to such as resist; and spare such as submit. In the judgement of the same Author, The Macedonians under Alexander 
Lib. 17.  dealt more extremely with the Thebans, than the Law of War would permit. Sallust, in his Jugurthin History, having related the slaughter of the young men after they had yielded, saith, It was done against the Law of War: which is, against the nature of Equity, and the manner of milder persons 
† Lactantius l. 5. Parcitur Victis, & est locus inter arma Clementiae. . Tacitus 
* Histor. 4.  commends Primus Antonius and Varus, Flavian Commanders, because they never showed cruelty after battle 
† Aristides de Pace, 2. Hominum est nostri ingenii resistentes armis 〈◊〉, prostratos tractare leniter. . The Prophet Elisha speaks about Captives to the King of Samaria, thus 
* 2 Reg. 6. 22. : Wouldst thou smite those whom thou hast taken captive with thy sword, and with thy bow 
† Apud Euripidem in Hafaclidis quae renti nuntio, 
Hostem perimere vestra, Lex ergo verat?  Respondet Chorus, 
Quem Mars reliquit praelio superstitem.  Ibidem Euristheus Captivus: 
Queen me necabunt, non erunt purae maws.  ? The Byzantians and Chalcedonians, because they had killed a good number of Captives, are marked with this Elegy in Diodorus Siculus 
* Lib. 12. : They did acts of exceeding great Cruelty. The same Author elsewhere calls it Common-right, to spare Captives 
† Capitol. M. Antonio. Aequitatem etiam 〈◊〉 hosts ●…stodivit. : whosoever do otherwise, without controversy (saith he) they do amiss. To spare Captives, is a command of Goodness and Equity, saith Seneca 
* De benef. 5. c. 18. ; and in Histories we find them every where commended, who, when too great a number of Captives might be burdensome or dangerous, chose rather to let them all go, than to slay them. For the same causes, they that yield up themselves, covenanting for the saving of their lives, whether in battle or in a siege, are not to be rejected 
† The Romans to the Persians in the fort of Petra, Gotth. 4. We take pity on you, while you strive with your yoke, and we would spare you though you desire death, and save you against your wills, as becomes Christians and Citizens of the Roman Empire. Vide Serranum in robus Franc. 1. & Henrici 2. . Therefore Arrian saith, the slaughter made by the Thebans upon those that yielded, was not according to the manner of the Grecians. Likewise in Thucydides 
* Thucyd. lib. 3. : Ye received us willing, and stretching forth our hands: and the Gucians' use not to kill such. The Syracusian Senators in Diodorus Siculus; It is worthy of a Noble mind, to spare a suppliant. Sopater: To save suppliants, is a custem in-Wars. In towns besieged, 'twas observed by the Romans, before the Ram had simitten the wall. Caesar 
* Caes. l. 2. de bello Gallico.  denounceth to the Advatici, He would save their City, if; before the Ram had touched the wall, they yielded. Which is still in use, in weak places, before the Great Guns are fired: in stronger places, before an assault is made upon the walls. But 〈◊〉 
* Cic. Offic. 1.  not so much respecting what is done, 〈◊〉 what ought to be done, delivers his judgement thus; As you must consult for the good of those whom you have subdued by force, so are they to be received into protection (though the Ram hath smitten the wall) who lay down their arms, and fly to the mercy of the Generals. The Hebrew Interpreters observe, That their Ancestors had a custom, when they besieged a City, not to engirt it round, but to leave one part open for those that would fly 
† So Scipio Aemilianus at the overthrowing of Carthage, proclaimed. They should fly that would. Pelybius.  to the end the less blood might be shed at Taking of it. The same Equity commands, that They be spared, who without conditions submit themselves to the Conqueror, or become suppliants. To kill them that call for mercy, is cruel, saith Tacitus. 
* Annal. 12.  Sallust 
* Bello Jug.  also, of the Campsanians, who yielded themselves to Marius, when he had related the slaughter of the young men, adds, It was done against the Law of War, that is, the Natural Law. The same elsewhere 
* L. 1. de ord. Rep. , Not men armed, nor in battle according to the Law of war, but suppliants were slain 
† Livio; jure belli in armatos repugnautesque caedes. & alibi; qui dedit●… contra jus ac sas bellum intulisset lib. 45. , Yea, This is also to be endeavoured, that they may rather be constrained through fear to yield, than be slain. This is praised in Brutus; who suffered not his men to do execution upon his Adversaries, but surrounded them with his Horse, commanding them to be spared, as those that would presently be His.   

XLVII. Objections answered.  
AGainst these Precepts of equity and Natural Law, are wont to be brought exceptions very unjust: to wit, if talion be exacted, if there be need of error, if there was an obstinate resistance. But, that these things are not sufficient to justify slaughter, he will easily conceive, who remembreth what we have set down a fore about the just causes of killing. From Captives, and those that yield or desire to 
Vide Vict. de jure belli, n. 49. & 60.  yield, there is no danger: that therefore they may be justly killed, there must be some antecedent Crime, and that such a one, as an equal judge would think worthy of death. And so we see sometimes great severity showed to Captives, and those that have yielded; or, their yielding on condition of life not accepted; if, after they were convinced of the injustice of the War, they had nevertheless persisted in arms; if they had blotted their enemy's name with unsufferable disgraces; if they had violated their faith, or any right of Nations, as of Ambassadors; if they were fugitives. But, Nature admits not talion, except against the same persons that have offended; nor doth it suffice, that the enemies are by a fiction conceived to be as it were one body, as may be understood by what is said above 
* P. 2. n. 112. , of the Communication of punishments. W●… read in Aristides, Is it not absurd to imitate, 
De pace 2.  what you do condemn? Plutarch for this accuseth the Syracusians, that they 
Plut. Timon. & Dione.  slew the wives and children of Hicetas, only for this reason, because Hicetas had slain the wife, sister, and son of Dion. Moreover, the benefit which is hoped from terror for the future, perteins not to the giving of a right to kill; but, if there is a right, it may be among the causes for which that right is not remitted. And, For a more obstmate affection to ones own side, if the cause maintained is not at all dishonourable, that deserves not punishment, as the Neapolitans discourse 
Lib. 1. Gotth.  in Procopius? or, if there is any punishment thereof, it ought not amount to death; for an equal Judge would not so determine. Alexander, at a certain town, when he had commanded all the youth to be slain; because they made so sharp resistance, seemed to the Indians to wage war 
Polyan. lib. 4.  after the manner of Robbers: and the King fearing such a blemish of his Name began to use his victory more mildly. It was better done by the same King, to spare the Milesians: because he saw they were gallant men, and faithful to their own party: which are the words of Arrian. Phyto Governor of Regin, when, for defending the town so stoutly, he was by command of Dionysius drawn to torture and death, cried out, He was punished, because he would not break his trust and betray the place, but God would suddenly revenge it: Diodorus Siculus styleth these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, unlawful punishments. I am very much pleased with that vote in Lucan 
† Lucan. 
——— Vincat quicunque necesse  
Non putat in victos saevum distringere ferrum,  
Quique suos cives, quod signa adversa tulerunt,  
Non credit fecisse nefas.———  .  
May he be Conqueror, who means to spare  
His Fellow-Citizens, that adverse are:  
Provided, by the Name of Fellow-Citizens we understand, not those of this or that Nation, but of that common Country of all Mankind. Lest of all is Slaughter justified by grief and anger for some overthrow received, as we read Achilles, Aeneas, Alexander, sacrificed to their friends the blood of Captives and such as yielded 
† This seemed cruel to after-ages, as Servius notes up on the 10. of the Aeneis. . Wherefore Homer justly saith of Achilles on this occasion: He resolved on a wicked act.   

XLVIII. The Multitude spared. Hostages spared. Needless fights to be avoided.  
MOreover, where offences are of that nature, that they may seem worthy of death, it will be a point of Mercy, because of the Multitude of them, to remit somewhat of extreme right. Of which clemency we have God himself for Author, who was pleased, that Peace should be offered to the Canaanites and their neighbouring Nations, offenders in the highest degree; such a Peace, as allowed them life on condition of being tributaries. Pertinent here is that of Seneca: The Severity 
2. Deira. cap. 10.  of a General shows itself against particulars: but pardon is necessary, where the whole Army is revolting. What takes away Anger from a wise man? The Multitude of Transgressor's 
† Quicquid multis peccatur, inultum est. Scholiastes Inu. ex Lucano. August. epist. 64. Magis monendo, quam minando: Sic enim agendum est cum multitudine peccantium: ●…ritas autem exercenda est in peccata paucorum. . And that of Lucan 
* 
Tot simul infesto juvenes occumbere letho,  
Saepe fames, pelagique furor, subitaeque ruinae,  
Aut coeli terraeque lues, aut bellica clades,  
Nunquam 〈◊〉 fuit. Lucan.  :  
Plagues, Famine, Ruins, Storm, or Fights have sent  
So many to their grave: not Punishment.  
Casting of Lots was ordained, saith Cicero, that too many might not be punished. Sallust to Cesar: No man exhorteth you to cruel punishments, or bitter sentences, whereby a City is rather wasted than reform. As to Hostages, what is to be determined out of the Law of Nature may be seen above. Of old, when it was commonly believed, that every one had as much power over his own life as over other things within his propriety; and that that power, by consent either tacit or express, was devolved from every particular person upon the Commonwealth; it is the less to be admired, if we read, Hostages (though in themselves innoxious) were put to death for the offence of the Commonwealth, either as by their own peculiar, or as by the public consent, wherein their own was included also. But after that the more true and perfect Wisdom hath taught us, that Dominion over life 
Vict. de jure belli. n. 43.  is excepted by God, it follows, that by consent alone no man can give to any, power and right over the life either of himself, or of his Citizen. And therefore it seemed atrocity to Narses a good General, to take punishment of innoxious Hostages, as Agathias tells us: (and other 
Lib. 1.  Authors say the like of others:) even by Scipio's example, who said he would not show his displeasure upon harmless Hostages 
† Livius, lib. 28. The same sa th' Julian, in Nicetas. l. 2. , but upon those that had revolted: and, that he would not take revenge of the unarmed, but of the armed enemy. Now, that among the later Lawyers some of great name, say such agreements are of force, if they be confirmed 
Menoch. arb. q. 7.  by custom, I admit it, if by right they mean impunity only, which in this argument often comes under that appellation: But, if they suppose them free from sin, who by ag●…eement alone take away any one's life, I fear they are deceived themselves and by their per●…lous authority deceive others. Clearly, if he that comes an Hostage, be, or were before, in the number of grievous dclinquents; or, if afterward he hath broke his faith given by him in a great matter; posbly, the punishment may be free from injury. But Clodia, who came not an Hostage of her own accord 
* Compare the story of Hostages refusing that burden, and punish for it, in Nicetas, l. 2. , but by Order of the City, when she had passed 〈◊〉 and escaped, was not only safe, but praised for her Virtue by the Etruscian King, as Livy 
* Liv. lib. 2.  speaks in this History. We must here add this, all combats which are of no use to obtem right, or end the War, but have mere ostentation of strength proposed to them 
* Id est, 〈◊〉 Graeciloquuntur, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arr. 1. , are contrary, both to the office of a Christian man, and to Humanity itself. Therefore Rulers ought seriously to forbid them, being to render in account for blood unprofitably shed, to Him in whose stead they bear the sword. Surely, Sallust also hath commended Generals, that bought their victories at the least expense of blood; And Tacitut saith of the Cattis, a people of approved valour: Their excursions and 〈◊〉 fights were seldom 
† Plutarch reprehends Demetriu for exposing his soldiers to dangers, and thrusting them into battles, 〈◊〉 〈◊〉 of a desire of glory, than for any Advantage. .   

XLIX. A Temperament about waist, 
Cap. 12.  and the like. What waist is just. When not to be made.  
THat one may destroy the Goods of another, one of these three things is a necessary antecedent: either such a necessity which ought to be understood excepted in the first institution of dominion, as, if one to avoid his danger, throw away down the river a third man's sword, which a mad man is about to use; in which very case yet, it is the truer opinion, th●… there remains an obligation of repairing the loss: or, some debt proceeding 〈◊〉 inequality, to wit, that the thing wasted or lost may be reckoned for that debt, as received; for otherwise there were 〈◊〉 right: or, some evil desert, whereto 〈◊〉 a punishment is meet, or whose mea●… the punishment doth not exceed; for, 〈◊〉 a Divine of sound judgement rightly notes, that for cartel driven a way, or some houses 
Vict. de jure belli, n. 52. & 56. Polyb. lib. 5.  〈◊〉, a whole Kingdom should be laid waist, is no equity; which also Polybius saw, who will have punishment in war not run on in infinitum, but so far, that Offences may be in fit manner expiated. And these causes truly, (and only within these bounds,) bring it to pass, that there is no injury. Notwithstanding, unless the cause of Profit persuade, it's folly to hurt another without Good to himself. Wise men therefore use to be moved by their own Interests. The chief is that, observed by Onesander; Let him 
Strat. c. 6.  be sure to waste the Enemy's Country, to burn and populate; for scarcity of money and fruits minishes war 
* Philo de vita contemplativa: Solent hosts vastare & arboribus nudare terram hostistilem, ut hostes eo facilius se dedant, rerum necessariarum penurid. Idem de diris: Duplex sibi matum acquirunt, inopiam amic is, copiam hostibus. Herod. l. 1. Pol. l. 4. Front. strat. 3. cap. 4. Liv. l. 5. 3. 34. 40. Caes. de bell, Gal. lib. 6.  as much as plenty increases it. Wherewith agrees that of Proclus., 'Tis the part of a good General to cut off the enemy's provisions on every side. Curtius, of Danius: He supposed, by want to overcome his enemy, having nothing but what he got by rapine. And that population truly is to be born with, which doth in short time humble the enemy to a petition for Peace; which kind of war Halyattes used upon the Milesians, the Thracians upon the Byzantians, the Romans upon the Campanians Carpenates, Spaniards, Ligures, Nervians, Menapians; But, if you rightly weigh the matter, you shall find such things done more often out of hatred, than prudence. For, most commonly 〈◊〉 happens, that either those moving causes cease, or other causes move the other way more strongly. First, 〈◊〉 his will come to pass, if we ourselves so possess a fruitful thing, that it cannot bring any fruit to the enemies. Whereunto properly that Law Divine hath respect, which will have wild Trees bestowed upon works of war, but the fruitful kept for food, the cause being added, that Trees cannot, as Men do, rise against us in a battle. Which, by similitude of reason, Philo enlarged also to fruitful fields 
† Philo de create: ubi legi haec verba af fingit: Quid rebus manimis quae & mites sunt & mites fruct●… ferunt irasceris? An vero in morem hominum qui hostes sunt, inimicitiae significationem arbores produnt, ut pro his quae saciunt aut facere minantur stirpitus evellendae sint? Quin prosunt victoribus 〈◊〉; ●…piam rerum quas necessitas exigit, imo, & voluptatem. Non soli ●…mines tributa ferunt, sed meliora arbores statis temportbus, ac tali●… fine iis vivere non detur. Alter ejusdem locus de Humanitate: Aequitatem suam etiam largius 〈◊〉 Moses 〈◊〉 ea ubertim ac ●…beraliter utitur, discedens à ratione utgntibus ad muta animantia, ab 〈◊〉 verò ad ea quae è terra nascuntur, etc. . And Josephus upon the same place saith, Trees, if they had a voice, would cry out that they do unjustly bear the punishments of war, being not the causes of war. Nor hath that of Pythagoras (if I mistake not) any other rise, in Jamblichus: Do not hurt, nor cut up any mild and fruit-bearing Tree. And Porphyry describing the manners of the Jews, extends this Law 
* Porphyr: Parci etiam 〈◊〉 lex, in terra quamvis hostili, animantibus operum sociis, ita ut ea occi●… non liceat.  (custom as It hink in terpreting it) even to beasts serving for Countrey-work. For these also must be spared in war, as Moses hath commanded. But the Talmud-writings and the Hebrew Interpreters add, that this Law is to be stretched 
* Yet with this exception, unless trees in suburbs hinder the shooters.  to every thing, which may perish without cause, as, if buildings be burnt, things to be eaten and drank be corrupted. Agreeable to this Law is the prudent moderation of Timotheus the Athenian Captain, who, as Polyaenus relates, suffered no house to be pulled down, nor fruit-tree to be cut up. There is a Law of Plato in his fifth De repub. That no ground be wasted, no house fired. Much more will this have place after complete victory. Cicero 
* De Offic. 1. Prodomo sua ad ad Pont.  approves not the overthrow of Corinth, though the Ambassadors of the Romans were shamefully treated there: and the same Cicero in another place, saith, it is a horrible, nefarious, odious War, that is made with walls, roofs, pillars, posts. Livy praiseth the lenity of the Romans, because having taken Capua, they were not furious 
† Excellent to this purpose is the letter of Belisarius to Totilas, wherein he saith, It was thought a part of wise and civil men, to erect fair buildings; to demolish them was the part of those that blush not to leave to postesterity marks of their foolish cruelty, etc. Vide Procop. Gotth. 3.  in firing and ruining the innocent walls and building. Agamemnon in Seneca saith, He was willing Troy should be conquered, not levelled. Indeed, the sacred History 

Equidem fatebor (pace dixisse hoc 〈◊〉  
Argiva tellus liceat) affligi Phrygae  
Vincique voll●…; ruere & aequari solo  
Etiam argtassem. Se●…eca Troad.   tells us that some Cities were by God condemned to destruction: and, that against the former general Law the trees of the Moabites were commanded 
Jos. 6. 2 Reg. 3. 19  to be cut up. But, that was not done by hostile hatred, but in just detestation of their Iniquities, which were either publicly known, or sentenced to such punishment by the Judgement of God himself. Secondly, That which we have said will also come to pass, in a doubtful possession of a Country, if there be great hope of a speedy victory, whose reward will be both the Country and the fruit. So the Great Alexander, as Justin 
* Justin. l. 5.  relates, kept his soldiers from the population of Asia, Bidding them spare their own 
† Gelimer and the Vandals besieging Carthag●…, neither took the prey, nor wasted the land, but were as careful of it, as of their own: Procop. Vandalic. 2. Apud Helmoldum lego, l. 1. c. 66. Nonus terra quam devastamus terra nostra est, & populus quem expugnamus populus noster est? Quare ergo invenimur hostes nostrimet, & dissipatores ●…ctigalium nostrorum? Vide Bembum. l. 9 Parutam hist. 6. , and not spoil what they came to take possession of. So Quintius, when Philip spoilt Thessaly with a running Army, exhorted his soldiers, as 
† Vit. Flamen.  Plutareh saith, to march as through a Country granted them, and now become their own. 
* Herod. lib. 1.  Croesus' persuading Cyrus, not to give up Lydia to be pillaged by his men, tells him, You will not spoil my City; not my Goods: For they are not mine now. They are yours, and the plundering soldiers prey upon you 
* Sen. Theb. Nemo sic. vastat 〈◊〉 Quae corripi igne, quae meti gladio jubes, Aliena credis. . Thirdly, it will be so, if the enemy can have elsewhere wherewith to support himself: to wit, if the Sea, or another Country be open to him. Archidamus in Thucydides in his oration wherein he dehorteth his Laecedemonius from a war upon the Athonians, asketh what hopes they have. Do you hope easily to lay waste the Attic fields by your 〈◊〉 Army? Suppose you do: Yet have they, both other Lands under their command (Thracia & jonia) and the Sea brings them in all things necessary. Wherefore in such a case it is best, that agriculture also in the very frontiers be secured. Which we have lately seen was long done in the Low Country Wars, on condition of paying Contribution to both sides. And that is consentaneous to the old custom of the Indians, among whom, as Diodorus Siculus saith, The Husbandmen are untouched, 
Lib. 2.  and as it were sacred; yea, nigh to the Camps and Troops, they do their work without danger. He adds, They neither burn the Enemy's fields, nor cut up the trees. After: No Soldier doth any wrong to any Husbandman; but that kind of men, labouring for the common good, is protected from all injuries. And, between Cyrus and the Assyrian was an Agreement, saith Xenophon, That they should have Peace with the Ploughman, war with the Soldier. So Timotheus 
† Plutarch in his Greek qu●…stions hath the same of the Megareans: Procoplus in the third of his Gotth. of Totilas when he besieged Rome, saith He did no hurt to the Husbandmen through all Italy, but commanded them, as they were wont, to till the earth with safety, so that they brought him tribute. This saith Cassiodor, is the greatest praise. 12. 15.  let out to Husbandmen the most fruitful part of the land, as Polyaenus saith: Yea, as Aristotle adds, he sold the fruits themselves to the enemy, and paid his soldiers with the money. Which Appian testifies was done in Spain by Viriatus. And the very same, in the Belgic war now mentioned, we have seen done with very great reason and advantage, to the admiration of strangers. These manners, the Canons 
* C. 2. de treug. & pace. Nic. Damasc. Aelian. 5. 14. Dion. Chry. orat. 64.  being teachers of humanity do propose to the imitation of all Christians, as those that owe and profess more humanity than other men: and therefore will have not husbandmen only, but also the ploughing cattles and the seed which they carry to the field, placed without the danger of war: upon such like ground, as the Civil Laws 
* L. execut. C. quae res pign.  forbid the instruments of husbandry to be taken for a pledge; and among the Phrygians and Cyprians of old, afterward among the Atticks and Romans 
* Etiam in Peloponneso. Varr. 2. de re rust. Columel. princip. lib. 6. Plin 8. 45. Aelian. de hist. anim. 2. cap. ult. Porphyr. 2. de abstinen. Veget. 3. de art veterin. , to kill the ploughing Ox was a heinous matter. Fourthly, it happens that some things be of that nature, that they have no moment to make or continue war: which things reason will have spared, even while the war lasts. 〈◊〉 belongs that speech of the Rhodians to Demetrius 
* Vide Plin. Hist. Natur. 8. 38. & 35. 10. & Plutarchum Demetrio.  the Town-taker, for the picture of Jalysus, expressed by Gellius afte●… this manner: 
† Gell. l. 15. 31.  What madness is it for 〈◊〉 to destroy that image by firing of the houses? for if you overcome us and take the town, the Image also safe and 〈◊〉 will be the reward of your victory: but ●…f you besiege us in vain, pray consider 〈◊〉 dishonourable it will be for you, because you cannot conquer the Rhodians, to 〈◊〉 your spite against a 
* Protogenes. Polyb. l. 5.  dead Painter. ●…lybius saith, it is the part of a raving mind to spoil things, which diminish not the enemy's strength when they are spoilt, nor add any emolument to the spoiler, such as are Temples, Galleries, Statues, and the like. Marcellus spared all the Houses of the Syracusians both public & private, sacred and profane, as if he had come thither with an Army not to conquer, but to defend them. Cicero speaks it 
Verrin. 2.  to his praise; and the same Cicero, after: Our Ancestors left unto the Conquered, what seemed pleasing to them, light to us.   

L. Things Sacred and Religious are not to be spoilt.  
NOw, as this hath place in other ornaments for the reason above mentioned, so a special reason is added in things dedicate to holy uses. For, although these things also, as hath been said, are after their manner public, and therefore by the Law of Nations are impunely violated; yet, if no danger may come thence, the reverence of things Divine requires 
* Polybius in excerp. Peers. When thou art angry with men, to be impious therefore against the gods is a sign of the greatest folly. Better it is, said Severus, that God should be any way worshipped there, than it should be turned into a stable. Lampr. Ann●…bal, for religion sake, spared the temple of Diana at Saguntum. Plin. 〈◊〉. 〈◊〉. 16. 2. We do not take away their Temples from enemies and foreiners. Appian. Of the Religion of Agesilaus, See the Latin writer of his life, and Plutarch; Who communicateth this praise to many Romans, in Silvius. Vid. Brodaeum 5. Miscel. 〈◊〉 the Moor, being no Christian himself, honoured the Churches of Christians, which the Vandals had profaned, against whom he hoped the Christians God, who ere he was, would show his displeasure. Procop. Vand. 1. Chosioes' the Persian, no Christian, spared the Christians Church at Antioch. Pers. 2. Just 〈◊〉 also durst not retain the things Vespasian had brought to Ro●… out of the Temple at Jerusalem, and being found at Rome Gzerichus had carried into Africa. Vandal. 2. How the ●…tans saved the holiness of that place, where the bones of 〈◊〉 and daniel's three fellows were buried, is testified by 〈◊〉 the Jew in his Itinerary. , that such buildings and the things pertaining to them be conserved; specially among them, who worship the same God according to the same Law, though perchance in some opinions and ritoes they differ 
* Silu. de bello. p. 3. n. 5. . Thucydides saith, it was the Law among the Greeks of his time, that the Invaders of their Enemies should abstain from holy places. Alba being overthrown by the Romans, Livy saith, they spared the Temples of the Gods 
† De Romanis Capua capta sic Sillus lib. 13. 
Ecce ●…epens tacito percurrit pectora sensu  
Religio, & saevas componit numine mentes,  
Ne st immam taedasque velmt, ne temola sub uno  
In cinerem sedisse rogo.  . Against Q. Fulvins the Censor, Livy 
* Liv. 42.  relates, it was * said: He engaged the people of Rome in sacrilege by the ruins of Temples, as if the immortal Gods one not the same every where, but some one to be worshipped and adorned with the spoils of others. But Marcius Philippus 
* Lib. 44.  when he came to Dium to encamp unde the walls of the Temple, gave comm●… that nothing should be violated in the ●…ly place. Strabo 
* Stra. l. 4.  relates, that the Tectosages, who with others had taken away the Delphic treasure, to paecify the God at home dedicated the same with an addicament. That we may come to Christians, Agathias commemorates, that 
Lib. 1.  the Franks, being of the same Religion with the Greeks, spared their Temples. Yea, and men were usually spared for the Temples sake: which (not to allege the many examples of profane Nations, this being the common custom 
* Diod. lib. 19 L. 1. de C. D.  among the Greeks) S. Augustin thus commends in the Gotths 
† Under Alarichus of whom Cassi door relate this memorable act, 12. 20. That when the Vessels of S. Peter were brought to him by his men, he sent them back by the same hands, that they might blot out their sacrilege by their devotion.  that took Rome: Witness the places of the Martyrs, and the Royal structures of the Apostles, which in that Vastation entertained the Conquered, their own and altens, flying to them. 〈◊〉 did the bloody enemy rage: here his jurious slaughter was bounded: 〈◊〉 were led by the compassionate enemies, they that had been spared other where, that they might not fall into their hands that had not the like compassion. Who yet, though elsewhere cruelly raging, after they came to these places 
* Not only Christians but Barbarians have been allowed the benefit of Sanctuary. Vid. Zosim. l. 4. the Tomit. barb. , where that was forbidden which had been permitted elsewhere by the Law of War, all the immanity of their rage was refrained, and their desire of taking Captives cooled. What I have said of Sacred places, is likewise to be understood of Religious, even of those that are built for the honour of the dead. For also these, though the Law of Nations indulgeth impunity to anger exercised therein, cannot be violated without contempt of Humanity. Greatest is that reason, say the Lawyers, 
L. sunt personae. D. de religios. Eurip. Troad.  which makes for Religion. Euripides hath a pious sentence, as well for Religious as sacred places:  
Who Cities, Sepulchers and Temples waste,  
Are Fools, and ruinate themselves at last.  
Apollonius Tyanaeus did thus interp●… the Fable of the Giants oppugning heaven: They offered force to the Temples and seats of the Gods. Statius accuseth Annibal of sacrilege, who set fire on the Altars of the Gods. Scipio having taken Carthage rewarded his Soldiers with gifts, These excepted, who had injured the Temple of Apollo 
* Appian. Pun. . Caesar, as Dion 
* Lib. 42.  saith, durst not take away the Trophy raised by Mithridates, being sacred to the Gods of War. His Religion would not suffer Marcus Marcellus to touch the things that victory had profaned, saith Cicero: and be 
Vertina 4.  adds, There are some enemies, who i●… war retain the rights of Religion and of customs. The same elsewhere saith, the 〈◊〉 of Brennus against Apollo's Temple wa●… nefarious. The deed of Pyrrhus, who had robbed the Treasury of Proserpina, Livy calls a foul deed and done in c●…tempt of the Gods. Such another acti Hamilco is called impiety and sin against the Gods, by Diodorus. The war of Philip the now cited Livy calls nefarious 
Lib. 14.  too, as waged against the Gods both above and below; wickedness also, and madness. Florus of the same: Philip, beyond the right of victory, spared neither Temples, Altars, nor Sepulchers 
* The like sact of Prusias is detested by Polybius, whose words Suidas hath preserved, in vocab. Prus. . Polybius touching the s me story, adds his judgement thus: To spoil things which will neither be profitable to us for war, nor hurtful to our enemies, Temples especially, and Images, and the like ornaments in them, is undeniably the work of a mind mischievous and madded with anger. And in the same place he admits not the excuse of Talion, or rendering like for like.   

LI. The utilities of Moderation.  
ALthough it be not properly a part of our design here to inquire what is useful, but to restrain the looseness of warring to that which is lawful by Nature, or among things lawful is better; yet will Virtue herself, vile in this evil Age, be pleased to excuse me, if, seeing she is contemned by herself, I add esteem to her from the Consideration of profit. First then, that Moderation in preserving things which do not retard the war, deprives the Enemy of a mighty weapon, desperation. It is Archidanius' saying in Thucydides, Think the Enemy's Country no other than a hostage, and so much the better, as it is more fertile; wherefore also spare it as much as is possible, lest despair make them more hard to be conquered. The same was 
Xen. hist. Gr. 4. & Plutarch. Agesilao.  the Council of Agesilaus, when, against the opinion of the Achaians, he left the Acarnans a free seeding time, saying, the more they sowed, the more desirous would they be of Peace. The Satirist to our purpose 
* Spoliatis arma supersunt. :  
— After such harms,  
And losses suffered, what remains but Arms?  
Livy speaking of the City taken by the Galls: It pleased (saith he) the Chief of the Galls, that all the houses should not be fired: that the remainder of the City might be a means to soften and bow the heart of the enemy. Add, that this Moderation, while the war continues, maketh show of great confidence of the victory: and that clemency is apt of itself to move and win the mind. Annibal in Livy makes no spoil in the fields of Tarentum: It appeared 
Lib. 34.  (saith he) 'twas not done out of the modesty either of the Soldiers or of the Captain, but to gain the affections of the Tarentines. For like cause Augustus C●…sar in Pannonta absteind from rapine. Dion tells us, why: He had hope by 〈◊〉 
Lib. 49.  means to win them without violence. To motheus, by that care of his aforem●…tion'd, beside other things, armed at the good will of his Enemies; as Polybius observeth. 
Lib. 3.  Of Quintius, and the Romans with him, Plutarch, when he had related 
Titus Quintius Flaminius.  what we have said of him above, addeth; They had the fruit of this Moderation a little after; For they were no sooner come into Thessaly, but the Cities yielded to him: and the Greeks inhabiting between Thermopilae wished for him with ardent desires: but the Achaians renouncing the friendship of Philip associated themselves to the Romans against him. Of the City of the Lingones, which in the war waged against Civilis the Batavian and his fellows, by the conduct of Cerealis, under the Authority of Domitian, had escaped a feared spoil, Frontinus saith: Because, 
Lib. 5. 3.  beyond expectation, it was inviolate and lost nothing, being reduced to obedience it gave him seventy thousand armed men. Contrary Counsels have also contrary events. Livy gives us an example in 
Lib. 26.  Annibal: His mind Precipitous to avarice and cruelty, carried him to the spoil of what he could not keep himself, that the enemy might not enjoy it. That policy was dishonourable and disprofitable to him, both at the beginning and the end; For, not only the minds of them that suffered unworthy things were alienated from him, but of others too; for the example reached 
Aegid Regius de act. supernat. disp. 31. dub. 7. 〈◊〉. 127.  ●…nto more than the calamity did. Surely, it is most true, which is noted by some Divines, that it is the office both of the Highest powers, and of Captains, who will be accounted Christians, both in the judgement of God and men, to supersede the violent direptions and spoiling of Cities, and all like violences, as those that cannot pass without the calamity of many Innocent persons, and ofttimes little avail to the main of the War: So that Christian Goodness almost always, ●…ven Justice itself for the most pare abhors them. Greater certainly is the bond of Christians to one another, than that of the Grecians was: by whose wars, that no City of Greece should be destroyed, was provided by a Decree of the Amphictyons. And the Ancients deliver, that Alexander of Macedonia never did repent him more of any thing he had done, than of the overthrow and ruin of Thebes.   

LII. A Temperament about things taken. 
Cap. 13.   
NEither ought the Capture of hostile Goods in a just War be judged without sin, or free from the charge of restitution. For, if you look upon what is done rightly 
* Vide quod judicavit Innocemius Pontifex apud R●…mbum, 1. Victor. de jure bellin. 55, 56. , it is not lawful to take or have farther than the enemy is indebted: except, that also for necessary security things may be detained; but, to be restored in themselves or the price, after the hazard is past. Now, the Goods of subjects may be taken, not only for the obtaining of the primary debt, whence the war began, but of a debt arising after it, according to what we said in the beginning of this part. And so is it to be understood, which some Divines write; Things taken in war 
Silu. verb bell. n. 10. Vict. n. 51.  are not equalled with the Principal debt: that is, there must be also satisfaction made, according to a true Judgement, for that damage that was done in the war itself. So, in the disceptation with Antiochus, the Romans, as Livy 
* Lib. 27.  relates, judged it equal, that the King, by whose fault the war was raised, should pay all the cost 
† The King of Polonia alleges this custom for himself in Thuanus, l. 73. an. 1581. Sic apud Hom. Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocein 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Scholiastes interpretatur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . 'tis in Justin 
* Lib. 33. , To bear the charge of the war, by a just Law. In Thucydides the Samians are condemned to pay the expenses of War. And elsewhere often. Now, that which is justly imposed upon the Conquered, is also by a war extorted from them justly. But yet we must know, as we have mentioned afore, the rules of Charity are of larger compass than the rules of Law: He that has a flourishing estate will be guilty, if he thrust his needy debtor out of all he hath, that himself may be paid to the utmost farthing; and much more, if that same debtor came into that debt through his own goodness, as, if he hath been Surety for his friend, and himself hath converted none of the money to his own use. For, as Quintilians Father 
* He addeth, that a Creditor cannot come with any modesty to the surety, except he cannot recover of the debtor. Vide C c. ad Att. 16. 15.  saith, a Sureties danger is to commiserated. And yet, so hard a Creditor doth nothing against right strictly taken. Wherefore Humanity requires, that to those who are without fault of the war, and who are bound no otherwise than as sureties, such things be left, as we can want more easily than they: especially, if it be evident, that they shall not recover 
Aegid. Regius de act. superndisp. 31. dub. 7. n. 117.  from their Commonwealth, what they have in that manner lost 
* Ptolemy remitted to Demettius the son of Antigonus his tent and all pertinents to the care of his body, with his money, too, saying, Their quarrel was not for every thing, but for Empire and honour. Plut. in Demet. . Hither perteins that saying of Cyrus to his Soldiers, after he had taken Babylon: It will not be unjust for you to possess what you have gotten, but it will be your Humanity to leave something to the enemies. This is also to be noted, seeing this right over the goods of innocent Subjects is introduced for relief, so long as there is hope we shall get our own easily enough from the principal debtors, or from them who, by not doing right, do of their own accord make themselves debtors, that while, to come unto them who are without Fault (though it be granted not repugnant to strict right) doth depart from the rule of humanity. Examples of this humanity are frequent in history, especially in the Roman; as, when Lands were given to the Conquered on condition they should come into the Commonwealth: or, when a small part of the Lands for honour sake was left to the old Possessor 
* Appian. Civil. 2. The old Romans did not take away all from the conquered, but divided their Lands with them. So did the Vandals in Afric, and the Goths in Italy, as History shows. . So, Livy saith, the Veientes were mulcted a part of their lands by Romulus: So Alexander the Macedonian 
† Arrian. l. 3.  gave the Uxians the Lands they had been masters of, for Tribute: So you shall often read of Cities delivered up and not spoiled: and above we have said, not the persons only but the goods of the Inhabitants, are commendably and according to the pious prescript of the Canons, spared, at least under tribute; and under the like tribute, is wont also to be granted unto wares, immunity from war.   

LIII. A Temperament about Captives. 
Cap. 14.   
WHere Captivity of men, and Servitude 
Vict. de jure belli. n. 41. Dec. l. 2. c. 5. dub. 4. Covar. c. peccatum. p. 2. ¶. 1.  is in use, if we respect internal justice, 'tis to be limited first after the likeness of things, viz. that such acquist may be lawful so far as the quantitity of the debt, either primary or secondary, doth admit: except perhaps in men themselves be some peculiar fault, which equity will bear to be punished with the loss of liberty. Hitherto then, and no farther, He that wageth a just war hath a right over his enemy's subjects being taken, and doth validly transfer it upon others. But, it will be the part of equity and goodness here also to apply those differences, which were noted above, when we spoke of killing. Demosthenes in his Epistle for the Children of Lycurgus praiseth Philip of Macedon, that he ha●… not made all that had been among his enemies, to be servants 
† His son Alexander, Thebes being taken, ex: mpted from servivitude, both the Priests, and those who had not assented to the Decrees made against him. Plutarch. . For, saith he, he did not think it meet to deal with 〈◊〉 alike, but judged of every one according to his merit. But first we must note, the right which springs as 'twere from suretyship for a City, is not so large as that, which springs from a fault, against them who are made servants by way of punishment. Whence a Spartan said, He was a Captive, not a Servant 
* Philo saith, Fathers for their children, and children for their Fathers have often paid a ransom, when they were either taken away by robbers, or made prisoners of war: whom truly, the Laws of Nature, stronger than these Laws made on earth, write free men. Helena saith in Theodectes; Who dare call me a servant, that am on both sides descended from the Gods? . For, if we look rightly into the matter this general right over Captives in a just war, is like to that right, which Masters have over them, who, being compelled by poverty, have sold themselves into servitude: except, that their calamity, is the more to be pitied, who come not into that condition by any special fact of their own, but by the fault of Governors. 'Tis a most sad thing, saith Isocrates, to be made a prisoner of War. This servitude then, is a perpetual obligation to work for maintenance likewise perpetual. Chrysippus his definition is very fit for this kind of servants: 
* Sen. de benef. 3. c. 22.  A servant is a perpetual mercenary. And him, who hath sold himself being compelled by poverty, the Hebrew Law plainly compares to a mercenary: and in his redemption, it will have his work so profit him, as fruits received of a field sold should profac the old possessor. Much difference therefore there is 'twixt what is done impunely against a servant by the Law of Nations, and what natural reason suffers to be done. That of Philemon tendeth to this.  
He that is born a man, although  
He serve, is still a man, I trow.  
Seneca: They are servants, yea Men: 
Sen. Epist. 47.  they are servants, yea our Compavions: they are servants, yea our friends: they are servants, yea our fellow-servants. Which also you may read in Macrobius, agreeing in sense with that of S. Paul; Masters, 
Coloss, 4. 1.  give unto your servants that which is just and equal, knowing that ye also have a Master in Heaven. And in another place, he would have Masters forbear threatening, upon the same argument, knowing 
Eph. 6. 9  that their Master also is in heaven, who regardeth not such differences of qualities. In the Constitutions ascribed 
Lib. 7. c. 14.  to Clemens Romanus we read, Thou shalt not be imperious over thy manservant or thy maid-servant in bitterness of mind 
* Sic & in ep. Barnabae est: Noli acerbè imperare servo aut ancillae lliae in Christum sperantibus, ne eo ipso oflend as non timere te communem tibi & ipsis dominum. . Clemens Alexandrinus 
† Paed. ult.  would have us use our servants as our other selves, seeing they are men as well as we; following the sentence of the Hebrew wiseman, If thou hast a servant, use him as a brother, for he is such a one as thyself. The right therefore which is called of life and death over a servant gives the Master a domestic Jurisdiction, but such as must be exercised with the same religious care, as the public is exercised. This was Seneca's 
1. De Clem. 18. Epist. 47.  meaning when he said, In a bondman is to be considered, not how much may be inflicted on him impunely, but how much equity permits, which commands us to spare even Caprives and those whom ●…e have bought with money. And again, 
L. 3. de benef. cap. 18.  What matter is it, under what command one is, if it be the highest? Where he compares a subject to a servant, and saith, under a divers title the same is lawful over them: which in respect of taking away the life and of what is pertaining to it, is most true. Our Ancestors, saith the same Seneca, judged our House to be a 
Epist. 43.  little Commonwealth: and Pliny, The house is unto servants a certain Commonwealth, and as it were a City. Cato Censorius, as Plutarch relates, if any servant seemed to have committed a capital crime, did not punish him, till after he was condemned by the judgement also of his fellow-servants. Wherewith may be compared the words of Job, 31. 13. etc. About the lesser punishments too, namely stripes and beating of servants, equity, yea and clemency is to be used. Thou shalt not 
Vide Mosem de Kotzi precept. jubent. 147. 175. 178. & collat. leg. Mosis & Roman. tit. 3.  oppress him, thou shalt not rule hardly over him, saith the Divine Law of an Hebrew servant, which, the force of neighbourhood being now enlarged, ought 〈◊〉 be extended to all servants: Deut. 15. 17, 45, 53. Upon which place Philo: Servants 
Philo de special. legib. 2. Cyprian. ad Demetr. Non agnoscu miser dominum Deum tuum, cum sic exerc●…as ipse in hominem dominatum.  are indeed inferior in fortune, but in ●…ature equal to their Masters: now, to the Divine Law that is the rule of justice, ●…ot which agrees to fortune but to nature. Therefore it becomes not Masters to use their power over servants frowardly, nor to make it matter for their pride and insolence and cruelty. For these are signs of an ill disposed and tyrannical mind. Seneca: what is more foolish than to be furious against men, and yet use dogs and horses gently? Hence in the Hebrew Law, to a servant 
Exod. 21. 26, 27.  man or maid, not for an eye only, but a tooth injuriously struck out, liberty was due 
* Vide Philonem dicto loco. Exod. 20. 10. 23. 12. Deut. 10. 14. , Moreover, work is to be exacted of them moderately 
* Sen. epist. 47. Non tanquam hominibus, sed tanquam jumentis abutimur. Of the Athenians lenity to their servants, See Xenoph. de repub. Athen. Epist. 47. , and a human respect is to be had to the health of servants. Which very thing, beside other, the Hebrew Law provides for, in the institution of the Sabbath: viz. that some breathing space might be allowed Labourers. Seneca observes in the word, Paterfamilias, the humanity of the ancients. Do you not see, how our Elders have taken off all envy from Masters, all contumely from servants? They named the Master the Father of the family, the servant familiars 
* Epicurus, friends. Sen. epist. 107. Dion Prus. optimum regem describens; Domini nomen ad●… in bomines liberos non usurpat, ut & in servos eo abstineat. Teitullian: Gratius est nomen piet at is quam potestatis. Hieronym. ad Colantiam: Benignitate potius quam severitate exige reverentiam. . The like piety hath Servius 
† Servius ad illud Maronis: Claudite jam nivos, pueri.  noted in they word pueri, Children, by which they signified servants. For th●… work, as we have said, maintenance i●… due to servants. Cato: Provide well for the family; clothes against cold, food ag●… hunger. There is somewhat, saith S●…aeca 
† Sen. l. 3. de bevef. , which a Master ought to afford his servant, as food and apparoll 
* Ciceró: opera exigenda, iusta praebenda. Atist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1. Oecon. 5 Sirach. 33. 25. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . The cruelty of the Sicilians 
† El Isaaci Angeli in Siculos captivos memoran●…e Niceta lib. 1. , who famished the Athenian Captives, is condemned by the historians. Farther, Seneca in the same place proves, a servant is free in some respect, and has wherewith to do a benefit, if he hath done, what exceeds the measure of servile duty, what is done not upon command but voluntarily, where service is turned into the affection of a friend, which he explains at large. Whereto agrees, if a servant (as it is in Tere●…ce) 
Phorm. act. 1. sc. 1.  defrauding his Genius hath saved any thing, or by his diligence at spare tim●… hath gotten any thing, that in some sc●… is his own 
* Varro de servis; Studiosio res ad opus fieri liberalius tractando, aut cibariis aut vestitu largiore, aut remissione operis, concessioneque ut peculiare aliquid in fundo pascere licent. . Nor is it material, that the Master may, at his pleasure, take away or diminish his servants stock; for, he w●… not do what is right, if he do it with●… cause; by 'Cause I understand not only punishment, but the necessity of the Master; for the profit of the servant is subordinate to the profit or interest of the Master; yea, more than the wealth of a Citizen to the City. Therefore, as we read that Clients have contributed to the user their Patrons, and subjects of their Kin●… so have servants to the uses of their Masters 
* Seneca: Nunquid dubium est, quin servus cum peculio damini sit? Dat tamen domino suo munus. ; if a daughter be to be preferred, if a Captive son to be redeemed, or if any like occasion had fallen out. Pliny, as himself saith in his Epistles, granted leave to his servants to make certain testaments as it were, that is, to divide, to give, to bequeath within the family. Among some Nations a fuller right of getting an estate was granted unto servants, as there were several degrees of servitude. To this internal justice which we expound, the Laws, among many Nations, have also reduced that external right of Masters. For among the Greeks, it was lawful for servants ill used 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , to demand that they might be sold; and at Rome, to fly unto the statues, and implore help of the Governors against rigour, or hunger, or intolerable injury. But, 'twill proceed not from strict right, but from humanity and beneficence (yet 
Instit. de his qui sui vel al. L. manumiss. D. de just. & ju.  such as is due sometimes) that after long service and very great, Liberty be given to a servant. After that by the Law of Nation's servitude came in, there followed the benefit of manumission, saith Ulpianus. An example whereof, we have in that of Terence:  
Thou wast my servant: and I made thee free,  
Because thou didst thy service 
* Andr. act. 1 1. Servibas liberaliter. Ita MS. recte.  Liberally.  
Salvian 
* Lib. 3.  saith, it is a thing of daily use, that servants, though not of the best, yet of honest diligence, be set at liberty; He adds: and be not for bidden to carry with them out of their master's house, what they gained in their service. Of which benignity there are many examples in the Martyrologies. And here also is to be praised 
Deut. 15. 13.  the benignity of the Hebrew Law, that commands an Hebrew servant, after a certain time fulfilled, to be manumitted; and, not without gifts 
* Consuetude id interpretata, ne minus 30. Siclis delur. vide prac. jubente 84. ; of the contempt of which Law, the Prophets make a heavy complaint. Plutarch reprehends Ca●…o major, because, when his servants were aged, he sold them, unmindful of that common nature of mankind. A question here is incident, 
Silu. verbo servitus, S. 3. Fortunius in l. manumiss. D. de just. & ju.  whether it be lawful for him to fly, who is taken Captive in a just war. (We speak not of him, who by his own proper fault hath deserved that punishment, but of one that by public action is fallen into this fortune.) It is the truer answer, that it is not lawful: because, by the common agreement of Nations, he owes his service in the Name of the Commonwealth. Which yet is so to be understood, unless intolerable cruel usage impose upon him this necessity. Another doubt is, whether, and how far, they that are born of servants are under Dominion by internal right: a doubt, which 
Lesle. l. 2. c. 5. dub. 5.  may not be omitted here, by reason of the special consideration of Captires in war. If the parents by any crime 〈◊〉 theirs had deeserved the punishment 〈◊〉 death, their Children which they hoped for, might, to save their lives, be bound over to servitude: because otherwise they would never be born. (For, even for maintenance, which they would otherwise want, parents may sell their Children.) Such is the right, which God alloweth the Hebrews over the posterity of the Canaanites. 
Deut. 15. 13.  But, for the debt of the Commonwealth, they which were already born, as a part of the Commonwealth, might be bound, no less than the Parents themselves. Howbeit, as to them who are not yet born, this cause seemeth not sufficient, but another is required: either from Parents express consent together with a necessity of maintenance, and that for ever; or from the allowance of maintenance, and that only till the work hath paid for all that was laid out. If any further right is given the Master over these, ●…t seemeth to proceed out of the Civil Law, favouring Masters more than is enough. Among the Nations, with whom that Law of servitude by war is not in use, it will be best, that Captives should be exchanged; next, that they should be dismissed at a reasonable rate. What this ●…s, cannot precisely be determined; but Humanity teacheth, it ought not be so heightened, but that the residue of the Captives estate may supply him with all Necessaries. In some places, this is defined by Covenants and Customs; as, among the Greeks of old Mina 
* In the war of the French with the Spaniard in Italy, a horseman was rede●…n'd for the fourth of his yearly pay, See Mariana l. 27 18. Qu. Gr●…c. , now among Soldiers a months pay goes for a ransom. Plutarch relates, that heretofore wars were waged between the Corinthians and Megareans mildly, and so as became men of the same blood. If anyone were taken, he was entertained by the Taker, as a Guest, and sent home upon promise of a price for his deliverance. That of Pyrrhus 
† The like goodness of Tiberius a Christian Emperor toward the Persians is commended by Menander Protector: of Sisebutus by Mariana, and of Sanctius King of Castille, Lib. 11.  commended by C●…ro, argues a more noble mind:  
Nec mî aurum posco, nec mî pretium dederitis:  
Ferro non auro vitam cernamus utr●…que.  
Quorum fortuna belli fortuna pep●…rcit,  
Eorundam libertati me parcere cert●… est.  
Apud Ciceronem de Offic.  
No gold for me, no price do I require:  
To fight it out with steel is my desire.  
The valiant men, to whom good fortune gave  
Their life, by my gift Liberty shall have.  
Pyrrhus, no doubt, believed his 〈◊〉 just: nevertheless, he thought fit to sp●… their liberty, who on probal●…●…ause 〈◊〉 engaged against him. The like act of Cyrus 
2. Cyropaed.  ●…s celebrated by Xenophon, of Philip the Macedonian after his victory in Chaeronea by Polybius, of Alexander toward the 
Vita Dem. Strab. l. 7.  Scythians by Curtius, of Ptolemy the King and of Demetrius, contending with one another not more in war than in benignity toward Captives, by Plutarch. And Dromichaetes King of the Geteses, having taken Lysimachus 
* Diod. Sic. in excerpt.  in war, made him his guest, and prevalid on him so far, that having experience both of the Getick poverty and courtesy, he chose rather to have such men for his friends than enemies.   

LIV. A Temperament about acquisition of Empire. 
Cap. 15.   
THat Equity which is required, or that 
Vict. de jure belli. n. 38. & 59  Humanity which is commended, toward particular persons, is so much more required or commended toward Nations or the parts of Nations, by how much more signal is the injury and the benenefit done to many. By a just war, as other things may be acquired, so also the right of a Ruler over people, and the right which the people themselves have in the empire: but (to be sure) so far as the measure either of the punishment arising from the fault, or the measure of some other debt will bear. To which is to be added the cause of avoiding extreme danger. But this cause for the most part is mixed with other, which yet is itself most considerable, both in constituting peace, and in using victory. For the rest haply may be remitted out of compassion: but in public danger, to be secure beyond measure is unmercifulness. Isocrates writes to Philip: The Barbarians are so far to be subdued, as it shall be sufficient to secure your own Country. Crispus Sallustins, of 
Jugurth.  the old Romans: Our Ancestors, being most religious men, took nothing from the Conquered, but the licence to do injury. A sentence worthy to be spoken by a Christian: wherewith agrees that of the same Author, Wise men wage war for the sake of Peace, and sustain labour in h●…e of ease. Aristotle said more than once, 
Derepub. l. 7. c. 14. & 15. Nic. 10. c. 7.  Cicero's meaning is the same, whose most pious saying 'tis: War must be u●…dertaken, that nothing else but peace be 
De ossic, 1.  aimed at. And another like it; For the 
Tho. 1. 2. q. 40. art. 1. ad 3.  cause are wars to be waged, that we m●… without injury live in peace. Nothing deferent are these from what the Doctors ci true Religion teach us, That the end 〈◊〉 war is to remove things that trouble 〈◊〉 Peace. Before the times of Ninus, as we have noted out of Trogus, it was the manner to defend 
* Alexand. Imp. Artaxerxi Persae: Manendum cuique intra suos sins nibil novando, neque debere quenquam incerta spe sublatuns bella incipere, sed suo esse cont●…ntum.  the bounds of Empire, rather than to enlarge them; Every King was contented to reign in his own Courtrey; they did not so much seek their ow●… power, as their people's glory: being satisfied with victory, they refused Empire. To which moderation S. Augustin earnestly 
De Ci●…t. Dei li●…. 4. 15.  recalls us, when he saith, Let them consider, lest perhaps it be not the part of good men, to rejoice 
† Cyril in his 5. against Julian commends the Hebrew Kings for this, that they were content with their own bounds. Am. 1. 13.  in their Empire's latitude. He addeth: 'tis greater felicity to have a good neighbour for ones friend, than to subdue an evil neighbour that is an enemy. And the Prophet Amos, in the Ammonites themselves, severely reprehends this desire of extending dominion by War. To this exemplar of ancient innocence, the prudent modesty of the Romans made the nearest approach. What were our Empire at this day, saith Seneca, unless wholesome providence had mixed the conquered with the conquerors? 
Lib. 2. de Ira. cap. 34.  Our Founder Romulus (they are Claudius' words in Tacitus) was of so prevailing 
Annal. 5.  wisdom, that he made many people Citizens, the same day, they had been his enemies: He adds, that nothing else undid the Lademonians & Athenians, but their keeping off the conquered, as Aliens. Livy saith, the State of Rome was advanced by receiving their enemies into the City. In histories are extant, examples of the Sabins, Albans, Latins, and the rest of Italy: till at last, Caesartriumphed over the Galls, and enfranchised them. Cerialis in Tacitus, in his Oration to the Galls: Ye yourselves for the most part command our Legions; ye govern these and other Provinces; Nothing is separate and shut from you. And then; Wherefore, Love and embrace that Peace and life, which yo●… the conquered and we the Conquerors enjoy with equal right. At length, which is 
L. in orb. D. de flat. hom, L. Roma. D. ad munic.  most to be admired, They that are in the Roman world, by the constitution of the Emperor Marcus Antonius, are made Roman Citizens; which are the words of Ulpian. After that time, as Modestinu●… saith, Rome is the Common Country, Claudian 
Claudian: Hujus p●…ficis debonius moribus omnes, Quod c●…ncti gens una sumus. ;  
We all owe this to his pacific mind:  
One Nation hath united all Mankind.  
Another kind of moderate victory, is, to leave unto the Conquered, either Kings or People, the Empire which they had, So Hercules dealt with Priamus 
* Seneca Troad Hostis parvi 〈◊〉 lacry 〈◊〉, Suscipe di●…u rector h●…enas, Patrioque sede cel sus 〈◊〉: Sed sceptra fide meliore cene. ; and having overcome Neleus he committed the Kingdom 
† Ael. l 4. 5.  to his son Nestor. So the Persian Kings left the Kingdom to the Kings they had conquered 
† Herod. lib. 7. . So Cyrus to the Armenian. So Alexander to Porus 
* Pipiws to A. stolphus Longobard. , Seneca commends it: To take nothing from the Conquered King, but Glory. And Polybius celebrates the goodness of Antigonus, who having Sparta in his power, left them the Commonwealth and liberty of their Ancestors, Whereby he obtained great praises through Greece, as it is there related. 
* De clem. 1. 21. The whole place is worth reading, where he also calleth it a triumph after victory. Pompey left Tigranes a part of his Kingdom. Eutrop. l. 6.  So the Cappadocians were permitted by the Romans, to use what form of Commonwealth they would; and many States, after war, have been left free. Carthage is free and enjoys her own Laws, say the 
Liv. lib. 32.  Rhodians to the Romans, after the second Punic War. Pompey, saith Appian, left some of the subdued Nations free 
* Vid. Polybium, exc. Legat. n. 6. . And 
Mithridat.  to the Aetolians, saying, there could be no firm peace, unless Philip the Macedonian were driven out his Kingdom, Quintius answered, That they had given their opinion, unmindful of the Romans custom to spare the Conquered, adding: The Greater the Conqueror is, the more gentle mind 
Apud Tacitum est: Zo sini victo nihil ereplum. Annal. 12.  he beareth toward the conquered. Sometime, together with the concession of Empire, provision is made for the conquerors security. So 'twas decreed by Quintius 
* Yet was that remitted afterwards. Plut. Flaminio. , that Corinth should be rendered to the Athaians', and a Garrison be put in the Fort; that Chalcis and Demetrias should be deteind, till they were quitted of the care of Antiochus. Imposition of Tribute also pertaineth oft, not so much to the restitution of charges, as to the security both of the Conqueror and Conquered. Cicero, of the Greeks: Also, 
Lib. 1. ad Q. fr. epist. 1.  let Asia consider, she had no way to avoid the calamity, both of foreign war, and discord at home, but by adhering to this Empire: and seeing this Empire cannot be maintained without Tribute, Let her be content to buy a firm and lasting peace with some part of her revenues. Petili●… 
Hist. 4.  Cerialis in Tacitus, speaks for the Romans to the Lingones and other Galls, after this manner: We, though so often provoked, by the right of Victory, have only laid this upon you, that was necessary to preserve peace. For, neither can the quiet of Nations be procured without arms, nor arms without stipends, nor stipends without tributes. Pertinent here are other things also, which we have said afore, when we spoke of an unequal league; to deliver up arms 
* Vide de Persis Agathiam lib. 4. , ships, not to have any weapons, not to have an Army. But, that their Empire may be left unto the Conquered, is not only a point of humanity, but oftentimes of Council. Among the institutes of Numa, this is praised, that he sacrificed 
Plutarch. qu. Rom. 15.  to Terminus without blood, signifying, there is nothing more profitable to a safe peace, than to keep within ones own bounds. Florus excellently: It is more hard to keep, than to make Provinces; they are got by force, they are kept by Justice 
* Livius; facilius parari singula quam tevevi universa. Augusti dictum apud Plutarchum: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . The Ambassadors of Darius to Alexander: A foreign Empire is full of danger: 'tis difficult to keep that which is too great: 'tis more easy to conquer some countries, than to hold them: much more readily do our hands receive, than retain. Appian observes, that many people who desired to put themselves under the Roman power, were refused by them: and others had Kings by their appointment. In the jugment of Scipio Africanus, in his time, Rome possessed so much, that 'twas greediness to desire more, being abundantly happy, if she lost nothing of what she had already. Wherefore, that form of prayer, whereby the Gods were entreated to advance the State of Rome, he amended 
* Augustus is praised in Dion, that he was not ambitious of more, but to keep wha●… he had. Thuc. 1. Isoc. Pan. Demosth. orat. de che●…s. , praying that they would be pleased, but to preserve it, as it was. The Lacedæmonians, and (at first) the Athenians, challenged to themselves no Empire over the Cities they had taken: only, they required them to use a form of Government accommodate to theirs, the Lacedæmonians under the power of the Chief, the Athenians at pleasure of the people; as Thucydides, Isocrates, Demosthenes declare: and Aristotle too, in his fourth De repub. The like was done, as Tacitus relates, by Artabanus 
Annal. 6.  at Sel●…ucia: He committed the common people to the Chief men, according to his own use: for a popular Government is free, the domination of a few more near to royalty. But, whether such Changes make for the Conqueror's security, is not of our inspection. If it be less safe to abstain from all Empire over the Conquered, the matter may be tempered so, that some part of the government may be left to them or their Kings. Tacitus calls it a custom of the Roman people, to have 
Hist. 2.  Kings also for instruments of servitude 
† Eidem Antiochus inservientium regum ditissimus. Strabo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lucanus Atque omnis Latio quae servit purpura ferro. Vid. Panegyr, Mari●…. dict. . So, among the Jews, the Sceptre rem●…ned in the Sanedrin, also after the cons●…cation of Archelaus. Evagor as King of Cyprus, as 'tis in Diodorus, said He would give obedience to the Persian, but as a King to a King. And Alexander several times offered to Darius 
† Such Kings were of old in Italy, under the Empire of other Kings. Seru. ad 10. Aen. So among the Turks. Leuncl. lib. 18.  b●…g overcome, this condition; that he should rule over others, and be subject unto Alexander. We have spoken of mixed Empire elsewhere 
* Part. 1. . To some, one part of the Kingdom hath been left, as a part of their Lands to the old Possessors. Again, when all Empire is taken from the Conquered, there may be left them, about private affairs, and public to of less moment, their own Laws 
* Philo in his Embasly to Caius, saith, Augustus had as much care to keep the Laws proper to every Nat●…on, as the Roman.  and customs, and their own Magistrates. So, in Bythinia, a proconsular Province, the City Apamaea had the privilege to administer the Commonwealth their own way 
† Vid. ep. 93. Plin. & s●…q. T●…aj. lib. 10. Cic. l. 6. ad A●…tic. epist. & 5. 21. , as Pliny tells us in his Episttes; and in other places the Bithynian; had their own Magistrates, their own Senate. And so in Pontus, the Amisen's City used their own Laws, by the favour of Lucullus. The Gobths also left to the Romans the Roman Laws. A part of this indulgence is, not to deprive the Conquered, against their persuasion, of the use of their old Religion 
* Melius est ibi aliquem coli Deum, quam nullum. Severus. So the Gotths in Procop. Gott. 2. 〈◊〉 they forced none to their Religion. . Which as very grateful to the Conquered, so to the Conqueror it is not hurtful, as Agrippa proves in his Oration to Caius, related by Philo in his Embassy. And in Josephus, both Josophus himself, and Titus the Emperor object to the rebels of Jerusalem, that by the indulgence of the Romans, they had so much privilege in their own Religion, as to keep out Aliens from the Temple, even at the peril of their lives. But, if the Conquered have a false Religion, it will belong to the Conqueror's care, that the True be not oppressed: which was the care of Constantin, when he had broken the party of Licinius, and after him of the French and other Kings. The last Caution is, that even in the fullest and (as 'twere) herile Empire, the Conquered be used with Clemency, and so that their Interest be taken in with the Interest of the Conqueror. Cyrus bade the overcome 
Xenoph. Cyrop. lib. 4.  Assyrians be of good cheer: They should be in as good case as they had been, their King only changed; They should have their Houses, Lands, Wives and Children, as in times past: and if any one should injure them, He and His would right them. In Sallust we read; The people of Rome conceived it better to get friends, than servants; and they thought it safer to rule over willing men, than forced. The Britain's, in the times of Tacitus 
Vit. Agric.  did cheerfully come to the musters, and pay tribute, and perform offices enjoined them, if they were not injured: Injuries they could not endure, being subdued into obedience, not yet to servitude. That man of Privern, being asked in the 
Liv. lib. 8.  Roman Senate, what peace the Romans could expect from them, answered: If you grant us a good Peace, faithful and firm: if an evil Peace, not lasting. He adds a reason: Believe it, no people, no man will abide, longer than he must needs, in that condition that is not pleasing. So Camillus 
Liv. lib. 8.  said; It is the firmest Empire, wherewith the subjects are best contented. Hermocrates in Diodorus: It is not so honourable 
Diod. lib. 13.  to overcome, as to use the victory with gentleness and moderation 
† Scythae Alexandro: Inter Dominum & servum nulla amicitia; etiam in pace, belli tamen jura serv●…. Curt. lib. 7. Salubri Taciti Sententia: Bellorum egregii fines, quoties ignoscendo ●…ransigitur. In Caesatis Dictatoris epistola est: Hac Nova sit ratio vincendi, ut misericordia & liberalitate nos munia●…. The Lacedæmonians in Thucydides lib. 5. We are of opinion, quarrels are turned in firm concord thus; not if one; in revenge and taking advantage by his, success, impose upon others a necessity of sweeting to unequal articles: but if, when he is able to do so, he use as much equity now, as valour before, and compose matters with as much moderation as may be. .   

LV. Restitution of things unjustly taken away. Objections answered.  
THings gotten by unjust War are to be restored, as we have said above; and not only by those that took them, but also by others to whom the things by any means are come. For, no man can transfer upon another more right than he had himself, say the Authors of 
L. traditio D. de acq. dom. Lib. 5. de benef. cap. 12.  the Roman Law; which Seneca briefly explains, No man can give what he hath 〈◊〉. He had not dominion internal, who was first Taker: wherefore, neither will he have it, who derives his title from him; the second then, or the third Possessor, hath received that dominion, which we call external; that is, this benefit, that every where he is by judiciary authority and power to be maintained as the Owner: which yet, if he use against him, from whom the things were by injustice taken away, he will do dishonestly. Such things therefore are to be rendered to those from whom they were taken away: which, we see, hath been oft times done. Livy, when he had 
Liv. lib. 3.  related how the Volsci and Aequi were conquered by L. Lucretius Tricipitinus, saith, the spoil was exposed in Campus Martius, that every one for the space of three days might know and receive his own. The same Historian, when he ha●… showed, that the Volsci were overthrow●… by Posthumius the Dictator, Part of 〈◊〉 spoil (saith he) was restored to the Latins and Hernicians, knowing their 〈◊〉 goods; part the Dictator sold sub has●…, Elsewhere: Two days were given the Owners to find out their Goods. Polybi●… 
Polyb. hist. l. 3.  saith of L. Aemilius, Conqueror of the Galls: He rendered the prey to those from whom 'twas taken. That Scipto did the 
Plut. Apoph. App. Pun. Add Valer. Max. l. 1. c. 1. n. 6.  same, Plutarch and Appian testify, when, having taken Carthage, he had found many Donatives there, which the Carthaginians had brought thither out of Cities of Sicily and other places. This act of Scipio's is expressed at large by Cicero. The 
Verrina de signis.  Rhodians restored to the A●…henians for Ships of theirs, which they had recovered from the Macedonians. Goods also, i●… former times consecrated at Ephes●…, 
Strabo, l. 13.  which the Kings had appropriated, the Romans reduced into their ancient sla●… But, what if such a thing hath passed 〈◊〉 any one in the way of Commerce, 〈◊〉 he charge the first owner with the pri●… he paid for't? It seems he may, so far 〈◊〉 the recovery of his desperate possessi●… was valuable to him, who had lost the thing. And if such cost may be required why may not also the estimation of labour and hazard, just as if one by di●… had brought up something of anot●… man's lost in the Sea? Apposite to 〈◊〉 question, methinks, is the history of Abraham, when being Conqueror of the five Kings, he returned to Sodom, He 
Gen. 14. 16.  brought back (saith Moses) all the goods, viz: which the Kings had taken: apposite is the condition which the King of Sodom offers to Abraham, Give me the 
Gen. 14. 21.  persons, and take the goods to thyself, viz. for his pains and danger. But Abraham, a man not only of a pious, but a noble mind 
* Benè hoc notavit Jacchides ad Daniel. 5. 17. Sulpitius de Abrahamo: Reliqua his quibus erepta erant reddidit. Ambros. lib. 1. de Patriarchis: Ideo, quoniam sibi mircedem ab homine non quaesivit, à Deo accepit. Non multum hinc distant facta. Pittaci & Timolcontis: Pittacus Mily●…enaeus 〈◊〉 recuperat●… agria●…midia pars con●…su omnium offerretur, avertit animum ab eo in●…re, deform sudi-●… virtutis gloriam magnitudine praedae minuere. Val. Max. l. 〈◊〉. c. 5. n. 1. De Timoleonte Plutarch. vid. , would take nothing for himself, save only of the goods (for of them is this narration) as by his own right, he gave a tenth to God, he detracted necessary charges, and was pleased some portion should be allotted to his partners in the action. Now, as Goods are to be rendered to the Owner, so also people 
† The Exiles of Sa●…um, after six years, were restored by the Romans. Antonius' 〈◊〉 liberty those who were brought into servitude in the War of Cassius, and restored their Goods to the Owners.  and their parts, are to be restored to those who had right of Government; or to themselves, if they were in their own power before the unjust force. So, we learn out of Livy 
* Liv. l. 2. 〈◊〉. 1. 72. Xenoph. Hist. Gr. 3. Liv. lib. 34. , that Sutrium was regained and restored in the time of Camillus. The Aeginetes and Melians had their Towns restored to them by the Lacedæmonians; the Grecian Cities, invaded by the Macedonians, were freed ●…y, Flaminius. The same Flaminius also. in a Conference with the Ambassadors of Antiochus, thought it fit, the Cities of Asia, which were of the Grecian name (which Seleucus the Ancestor of Antiochus had taken by war, Antiochus had recovered being lost) should be freed: For, said he, the Colonies 〈◊〉 not sent into Aeolis and jonia, to be i●… servitude under the King; but to the end their Race might be increased, and the most ancient Nation propag●…d through the world. There is also a question made of the space of time, wherein the internal obligation of restoring a thing may be extinguished. But this question, between Citizens of the same Empire, is to be determined out of their Laws (if they grant an internal right, and do not consist only in the external; which is to be gathered out of the words and purpose of the Laws by prudent inspection:) and, among them that are foreiners to each other, by sole conjecture of dereliction, of which elsewhere. Lastly, 
Ciecro Offi●…. 2.  if the right of War be very ambiguous, 'twill be best to follow the counsel of Aratus Steyonius 
* Quod secie rex Ferdinandus memorante Mariana, l. 29. c. 14. , who partly persuaded the new Possessors to accept of money rather, and yield the Possessions; par●… persuaded the former Owners to th●… it more commodious to have a just pr●… for it, than to recover what they h●… lost.   

LVI. Of Neuters in War. How they are to be used; and, how to behave themselves. 
Cap. 17.   
IT might seem superfluous to speak of them, who have nothing to do with War, seeing it is manifest there is no right of War over these: Yet because by occasion of the War, many things are wont to be done against these, borderers especially, on pretence of necessity, we must here repeat what we have said afore, 
Part. 2.  that Necessity ought to be extreme, that it may give a right over what belongs to another man: 'tis required moreover, that the Owner himself be not in equal necessity: and, where the necessity is manifest, no more is to be taken than the necessity exacteth; that is, if the custody suffices, the use of the thing is not to be taken; if the use, not the abuse: if the abuse be necessary, yet is the price of the thing to be restored. Moses, when the highest necessity urged him and the people, to pass through the Land of the Idumaeans, first he saith, he would pass along the high way, and not divert into their Cornfields or Vineyards: if he had need but of their water, he would pay a price for it. The worthy Captains, both Greek and Roman, have done the like. In Xenophon, the Greeks with Clearchus promise the Persians to march away without any damage to the Country; and if they might have necessaries for money, they would take nothing by force. Dereyllides in the same Xenophan, led his Army through peaceable places without any detriment to 〈◊〉 friends. Livy of King Perseus: Through Phthiotis, Achaia, and Thessalia, with●… doing any harm in the fields through which he passed, he returned into his Kingdom. Plutarch of the Army of Agis the Spartan: They were a spectacle to the Cities, marching through Peloponnesus fairly, and without hurt, 〈◊〉 almost without noise 
* The like testimony Plutarch gives to T●…tus Q. Flaminius. . Velleius reports the like of Silvius: Cicero of Pompey 
† And Plutarch saith, when he heard of his Soldier's licence, he s●…a ed up 〈◊〉 words, and punish●… every one that broke the Seal. & 9 2.  Frontinus of Domitian: Lampridius of the Parthic Expedition of Alexander Severus. Concerning the Gotths 
* Cassiodor. 5. 10. & 2. 13, 25. , Huns, Alans, that served Theodosius, the Panegyrist: No tumult, no co●…on, no pillaging, as Barbarians use: b●…t if at any time he had scarcity, he patienth endured want, and by parsimony enlarged the provision, which was streighten'd by number. Claudian 
† Claudian: 
Tanta quies, tantusque metus servator honesti  
Te moderante suit, nullis ut vinea surtis  
Aut seges erepta fraudaret messe colonum.   gives the same praise to Stil●…, and Said●… to Belisarius 
* Th's virtue is oft commended in Belisarius by Procopius, his Companies, and witness of his actions. See to this purpose his excellent speech to his Soldiers near Sicily, when he marched into afric, and the narration of his march through afric, Vandal. 1. The like praise of the Almains in their expedition to the Holy Sepulchre, see in Nicetas, Manuele Comnevo. Gregoras, l. 9 commends the same in the Venetians. . This was effected by the ex●… care to provide 
† Plin. Hist. Nat. 26. 4. Cúrve Romani deuces p●…imam semper in bellis commerciorum curam h●…buêre? Cassiod. 4. 13. Habeat quod emat, ne cogatúr cogitare quod auferat. Similia habet, 5. 10, & 13.  Necessaries, and by good Pay, and strict Discipline, which Ammian tells us of, That none should tread upon the Lands of quiet men. And Vopiscus 
* L. 18. Vide & Ammianum lib. 21. : Let no Soldier steal a Click, touch a Sheep, pluck a Grape, exact Oil, Salt, Wood And Cassiodore: Let them live in the Province, in a civil manner: nor let their Arms make them overbold, because the Shields of our Army ought to save the Romans from all trouble. Add to these that of Xenephon 
* Vop. Aurel. : A friendly City's not to be compelled to give any thing against their will. Out of these Sayings you may best interpret that Advice of the great Prophet, yea one greater than a 
* Xenoph. Expedit. lib. 6. Luk. 3. 14.  Prophet: Do violence to no man, neither accuse any man falsely, but be content with your wages 
* Ambros. ad hunc Lucae locum: Iccirco stipendia constituta militiae, ne dum sumtus quaeritur, praedo grassetur. Sunt egregiae ad bane rem Constitutiones apud Greg. Turon. lib. 2. 27. Frederici primilegom sic resert Guntherus: 
Si quis pacificae plebis villasve domosve  
Vsserit, ab rasis signabitur or a capillis,  
Et pulsus castris post vulnera multarecedet.  . Parallel is that of Aurelian, in Vopiscus now c●…ted: Let the Soldier be content with his provision: let him live of the spoil of the Enemy, not of the tears of the Province. Nor has any one reason to think these things are well spoken, but cannot be performed, For, neither would that divine man have given such a charge, nor wise Lawgivers have required it, if it had been in their conceit impossible. Besides, we must necessarily grant it may be done, which we see has been done 
† Sic & Guicciard. disserit, lib. 16. . Therefore have we brought examples: whereunto this eminent one is worthy to be added, which Frontinus 
* Lib. 4. c. 1. See Spartian of Niger's severity for a stolen Cock.  mentions out of Sca●…: That a Fruit-bearing Tree, enclosed within the bounds of the Camp, the next day after the Army's removal was found ungathered. Livy, when he had related the ill deportment of the Roman Soldiers in the Camp at Sucron, and that some of them went abroad by night pillaging the quiet people of the Country, addeth, All this was done by the lust and licence of the Soldier, nothing by Military Discipline. In one of Cicero's Orations 
De Praet. Vrb.  against Verres: Thy care hath bee●… to pillage and vex the Towns of our peaceable friends. I cannot here omit the opinion of Divines, which I think most true: That a King, who pays not his Soldiers 
Aegid. Regius de act. supera. disp. 31. dub. 7. n. 95.  duly, is not only bound to the Soldiers for the losses following thence, but also to his Subjects and Neighbours, whom the needy Soldiers have plundered and abused. On the other side, it is the duty of those that abstain fro●… War, to do nothing for the strengthening of him who maintains a bad Cause; or, whereby the motions of him, that wageth a just War, may be retarded. And in a doubtful case, they ought to show themselves equal 
* Exemplum nobile vide apud Parutam, lib. 8. Lib. 1.  to both, in permitting passage, in affording provision for the Legions, in not relieving the besieged. The Corcyreans in Thucydides say, It is the duty of the Athenians, if they would not side with any party, either to prohibit the Corinthians from raising Soldiers out of Attica, or permit them to do the same. It was objected by the Romans against Philip King of the Macedonians, that the League was violated by him two ways, both because he did injuries to the fellows of the Roman people, and because he assisted the Enemy with aids and money. The same things are urged by Titus Quintius in his Conference with Nabis: Yet, thou sayst, I have not properly violated you, and your friendship and society. How often shall I prove the contrary? In short, Wherein is friendship violated? By these two things especially: If thou hast my friends for enemies: if thou art a friend to my enemies. In Agathias we read, He is an 
Lib. 3.  enemy, who doth what pleaseth an enemy. And in Procopius, He is reckoned 
Gotth. 1.  in the Enemy's Army, who supplieth them with what is properly useful for the War 
* Demost●…enes: Qui ea facit & machinatur, quibus ego capi possim, etiamsi nec seriat, nec jaculum emittat, hostis mihi est. . L. Aemilius Praetor 
* Liv. lib. 37.  accused the Teians for victualling the Enemy's Navy, and promising them Wine; adding, unless they would do the like for the Navy of the Romans, he would account them for his Enemies. Augustus' 
Plut. Bruto.  said: The City that receives my Enemy, is become my Enemy. It will be also profitable to mingle League with both sides waging war, so that, with the good will of both, it may be lawful to abstain from war, and exhibit the common offices of humanity to both. 'Tis in Livy: Let them, as becomes neutral friends, 
Liv. lib. 35.  desire peace, not interpose themselves in the war. Archidamus King of Sparta, when the Eleans seemed to incline to the Arcadians party, wrote an Epistle to them containing only this: 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  It is good to be quiet.   

LVII. Of things done privately in public War. 
Cap. 18.   
WHat we have hitherto said, most part, concerns them, who either have command in chief, or execute public orders. We must also see, what is lawful privately in War, by the Law of Nature, of God, or of Nations. Cicero 
Offic. 1.  relates, that the Son of Cato Censorius served in the Army of General Pompilius, and when, after the dismission of that Legion wherein he served, the Young Man, in love with war, had remained in the Army, Cato wrote unto Pompilius, that if he would have him stay, he should give him an oath the second time; adding this reason, because being dis-engaged from the first, he could not justly fight with the Enemy. Cicero setteth down the very words of Cato to his Son, whereby he admonisheth him, not to enter into Battle; for it is not lawful, saith he, for one to fight the Enemy, that is no Soldier. So also we read the praise of Chrysantas, one of 
Xenoph. Cyrop. Plut. Quaest Rom. 39 & Marcello.  Cyrus' Soldiers, who being upon his Enemy, withdrew his Sword, hearing a retreat sounded. Seneca saith: He is called an unprofitable Soldier, who hears 
De ira, c. 9  not the sign given for a retreat. But they are deceived, who think this comes from the external Law of Nations: for if you regard that, as it is lawful for every man to seize upon the Enemy's goods, so also to kill the Enemy; for by that Law the Enemies are of no account. Wherefore, that which Cato advised, comes from the Military Discipline of the Romans: wherein it was a Law, noted by Modestinus, 
L. descrtorem. D. de re mil●…t.  that whosoever obeyed not his Orders, should be punished with death, though the matter succeeded well. Now, he also was supposed not to have obeyed, who out of order, without the command of the General, entered into any fight, as the Manlian commands do 
Liv. l. 7. Manliana Imperia.  teach us. For truly, if that were lawful, either stations would be deserted, or (licence proceeding) the Army, or part thereof, would be engaged in unadvised Battles 
* Ita Avidius Cassius causam sententiae suae reddebat: Eveni●…e potuisse ut essent insidiae. Volcatius. , which by all means is to be avoided. Therefore Sallust, when he describes the Roman Discipline, saith, In war they have been often punished, who against Authority had fought against the Enemy, and who being recalled made 〈◊〉 hast out of the Battle. A certain Laconian, when, being upon his Enemy, and hearing the sign of retreat, he had repressed the blow, gave the reason thus: It is better to obey my Commander, than to kill my Enemy. And Plutarch saith, They that are disbanded cannot kill the Enemy, because they are not bound by Military Laws, wherewith they ought to be bound that are to fight. And Epictetus in Arrian relating the now-mentioned 
Arrian. 2. 6.  fact of Chrysant as, addeth, So much did he prefer the execution of his Commanders will before his own. Nevertheless, if we respect natural and internal right, it seems granted to every man, in a just War, to do those things, which he is confident will, within the just measure of warring, be advantageous to the innocent party: not also to appropriate to himself things taken, for nothing is owing to him; unless perchance he exact punishment by the common right of men. Which last, how it is restrained by the Gospel-law, may be understood by what we have said afore. 
Part. 2.  Now, a mandate may be either general, or special. General, as in a tumult among the Romans, the Consul said, Whosoever would have the Commonwealth 
Seru. ad. 8. Aen.  safe, fallow me. Yea, and to all particular Subjects is sometimes granted a right of killing, besides in the way of self-defence, when 'tis publicly expedient. Special mandate, not only they may have that receive Pay, but they 
C. quando liceat unicuique. l. 1, & 2.  also that go to war at their own charge, and that (which is more) administer at their charge a part of the War: as they that provide Ships, and maintain them by their own expenses; to whom, instead of Pay, is wont to be granted leave to keep what they can take. And how far that may go, without violation of internal justice and charity, is not without cause enquired. Justice either respects the Enemy, or the Commonwealth itself wherewith one has contracted, From the Enemy, we have said, may be taken away the possession of all things which may feed the War; and this, for security sake, on condition to restore it: and the dominion too may be taken away, so far as to the compensation of that, which, either from the beginning of the war, or by what fell out after, is owing to him that ●…geth a just war; whether the things belong to the hostile Commonwealth, or to particular men, and those in themselves innocent: but the goods of the nocent, even by way of punishment, may be taken away and possessed by the Takers. So then, hostile goods will become theirs, who administer part of the war at their own charge, so far (as to the Enemies) that the measure I have expressed be not exceeded; and this is to be determined by an equal judgement. But, as to the Commonwealth, the same will be just by internal justice, if there be equality in the contract; that is, if the charges and the dangers be as great, as the probability of the prey. For, if this hope be of much more value, the overplus must be rendered to the Commonwealth; just as if one had, at too cheap a rate, bought a Cast, uncertain indeed, but easy, and of great hope. Yet further, when Justice strictly so called is not offended, there may be a transgression from that office which consisteth in the love 〈◊〉 others, especially such as the Christian Law prescribeth: as, if it appear that such predation will chiefly hurt; not the generality of the Enemies, nor the King, nor those that are in themselves nocent, but the innocent; and that so much, that it will cast them into very great calamities; into which, to cast even them that are privately indebted to us, were unmercifulness. But, if moreover that depredation be not of much 
Silu. in verbo bellum, n. 8. vers. 5.  moment, neither to end the war, nor to weaken the Enemy; in such a case, an honest man, especially a Christian, aught to think it an unworthy gain, which is made only of the infelicity of the times 
† Plutarch blames Crassu●… for this, that he got his wealth out of the fire and war, turning the common calamities into private gain. . Sometimes also it happens, that, by occasion of public war, private war ariseth, viz. if one chance to fall among one's Enemies, and come into hazard of life or goods: in which case, the same things are to be observed, which we have elsewhere said of the lawful manner of self-defence. There is wont also to be joined with private utility, public authority: viz. if one, 
Part. 2.  upon great damage received from the Enemy obtain a right to recompense his losses out of the Enemy's goods: which right is to be defined by what we have said above, of Reprizals. But, if any Soldier or other, even in a just war, hath fired the Enemy's houses, wasted their fields, and done other damages of the like sort, without command, and when their was no necessity, nor just cause; it is rightly delivered by Divines, that he 
Silu. in verbo bellum, p. 1.  is bound to repair the damages. Justly have I added, what they omitted, without cause: for, if there be cause, he will be bound perhaps to the Commonwealth, whose Laws he hath transgressed, not to the Enemy, whom he hath not wronged. Not impertinent is that which a Carthaginian gave in answer to the Romans, when they required Annibal to be yielded to them: Whether Saguntum was set upon by private or public counsel, is not the question: but, whether justly or unjustly. For, we have this controversy with our Citizen, By what authority he did it; our only question with you, is, Whether it was against the League or no.   

LVIII. Admonitions touching Faith and Peace. The Conclusion.  
AS when I treated of undertaking War, I annexed some Admonitions about declining War, as much as is possible: So will I now also, before I dismiss the Reader, add a few Advisoes, which are useful both in war and after war, ●…onding to the care of Faith and Peace; and first of Faith, both for other reasons, and for this especially, that the hope of Peace may not be lost. For, by Faith, not only every Commonwealth is conserved, as Cicero saith, but also that greater society of 
Cicero Offic. 3.  Nations. This being taken away as Aristotle 
Aristoteles Rhetor add Theodect. 1. 15.  truly, Commerce is taken away from among men. Therefore the same Cicero saith, It is a wicked thing, to break one's Faith, without which there is no life. It is (as Seneca speaks) the most sacred thing 
Seneca epist. 88  that is seated in the breast of Man. And this Faith is so much more religiously to be kept by the supreme Rulers of the world, by how much more they are exempted from the punishment of their sins here, than other men. Take away Faith, 
Cic. pro Q. Rosc.  they will be like unto wild beasts, whose violence all are afraid of. And Justice truly, in its other parts, hath ofttimes somewhat of obscurity: but the bond of Faith is manifest by itself, yea is therefore used that all obscurities may be cleared. The more are Kings to embrace it; First, for Conscience sake, and then for their Credit sake and Reputation, upon which depends the Authority of their government. Wherefore, let them be assured, that such as instill into them the arts of deceiving, do that very thing which they teach. That doctrine cannot long be profitable, which maketh man insociable with man; add also, odious to God. Next, in the whole administration of War, the mind cannot be kept serene and confident in God, unless it always make a prospect toward Peace. For it is most truly said by 
Sallust. Orat. ad Caes.  Sallust: Wise men make war, to obt●…in Peace. Wherewith agrees that sentence of S. Augustin: Peace is not sought, th●… 
Augustin. epist. ad Bonifac.  war may be exercised; but War is waged, that Peace may be acquired. Aristotle 
Arist. 7. pol. 2. & 14.  himself, more than once, accuses the Nations, that proposed to themselves actions of War, as their ultimate end. Force is a thing that belongs to wild beasts: an●… this, in War, is most eminent: the m●… diligent care must be used, to temper 〈◊〉 with humanity, lest by too near imi●…tion of those beasts, we forget that 〈◊〉 are men, and lose the softness of our nature 
† The Ambassadors of Justinian in Procopius (Persic. 2.) address their speech to Chosroes after this manner: Did we not see you 〈◊〉 with our own eyes, and pronounce these words in your ears, 〈◊〉 should never have believed that Chosroes the son of Caba●… would bring his Army, and enter forcibly into the Roman 〈◊〉 ●…ontrary to his Oath; the firmest bond of Truth among men; contrary to his League, the only hope left to those that are afflicted with war: For what is this, but to change the life of men into the life of wild beasts. Take away Leagues, there will be eternal Wars. And Wars without end have this effect, to put men beside themselves, and divest them of their nature. . If then a safe Peace may be had it is well worth the forgiveness of injuries, and losses, and charges: especially among Christians, to whom their Master hath bequeathed his Peace. Whose best Interpreter 
Rom. 12. 18.  will have us, as far as is possible, and as much as in us sith, live peaceably with all men. It is the property of a good man, as we read in Sallust, to begin war with an unwilling mind, and to prosecute it no farther than he needs must. This one consideration may be enough, but for the most part also men's Interest and profit carries them to this end: first them, who are inferior in strength; because long strife with one more mighty is full of danger; And, as on shipboard, a greater calamity is to be redeemed with some loss; leaving off anger and hope, deceitful counsellors, as Livy rightly called them. This sense is thus expressed by Aristotle: Better it is, to yield some of our goods to those that are more potent, than to contend with them and lose all 
* Philo de constitutione principis: Pax, quamvis cum magno detrimento, bello utilior. Communis Mars. . And as to the more potent, Peace is for their Interest too: because, while their affairs are prosperous (as the now-cited Livy saith no less truly) Peace is honourable to those that give it; and better and safer than the victory hoped for. For the Common Chances of War must be considered. So saith Aristotle, We must think how many and 〈◊〉 unexpected alterations do happen in war. And in Diodorus, in a certain Oration for Peace, they are censured, who glory in the greatness of their actions, as if it were not Fortune's custom, to dispense her favours, and successes, by turns. And besides, there is one thing more, which may be feared most, the Boldness of desperate men, like unto the fiercest biting of dying beasts 
† Quip timenda etiam me riem●…s lustra Leonis. . But, if both Parties seem to themselves equal, that indeed, in Casa●… judgement, is the best time to treat 〈◊〉 peace. 〈◊〉 est they have Both some confidence in their own strength. And, whe●… Peace is made, on whatsoever terms, it is by all means to be preserved by reason 〈◊〉 that sanctimony of Faith aforesaid: and with all care must be avoided, not only perfidiousness, but also whatever exasp●… rates the mind. For, what Cicero said 〈◊〉 private, you may apply as well to the●… public friendships, As they are all to 〈◊〉 maintained with exact fidelity and Re●…gion, so those especially which after c●…mities are made up again and restored.  
GOd (who alone can do it) inscribe these things in their hearts, who have the Affairs of Christendom in their hands; and grant them a Mind intelligent of Divine and Human Right, and ever remembering that she is elected by God to govern man, a creature most dear unto himself 
† Chrysost. serm. de Elecmosyna; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. .    
THE END.   

OUT OF THE LIFE OF S. LUDOVIC, HIS CHARGE To his Son.  
IF any Controversy or action be raised against thee, inquire into the Truth, as well on the contrary part as on thy side. If thou hast any thing of another's, taken by thyself, or by thy Ancestors, Restore it quickly. Wage no War against any Christian, but by the Counsel of Many, and when War is unavoidable. And in War, do no hurt to Churchmen, and those that have done thee no wrong. If Seditions rise among thy subjects, quiet them as soon as thou canst. See often what thy Officers do, and examine their ways, and reform what is amiss. Let no soul sin reign within thy Kingdom.   

Out of the same King's life written by Joinvil, chap. 89.  
THe King's great Counsellors reprehended him oft for taking so much pains to make peace among his neighbours: saying, He did ill to end their wars, which would be for his Advantage. The King answered, You say not well. For, if my neighbouring Princes did see me cheri●… their Wars, they would say I had a p●… upon them, and hate me, and take a time to do me and my Kingdom a mischief. Moreover, I should provoks the wrath of God against me, who blesseth the Peacemakers. Certain it is, the Burgundians and Lorainers, perceiving the King's Goodness and Justice, were so loving and observant of him, that they referred thei●… differences to his Arbitration. I have often seen them come to him, for that purpose, to Paris, and other places, whe●… the King was resident.   

MEMORIALS OF THE LIFE AND DEATH OF H. GROTIUS.  
LONDON, Printed by T. Warren, for W. Lee, And are to be sold at his shop, at the sign of the Turks-head in Fleetstreet, 1654.   

Memorials of the Author's Life and Death.  
He that hath surv●…yed with a judicious eye the various & choice Learning contained in this Book, cannot but desire to know more of the Author, than what the Title shows him, That He was, The Illustrious Hugo Grotius. Men are naturally apt to inquire (as He 
* The writer of Mr. Medes Life.  observes) and to know as much as they can can of the person whose. Actions or writings have any way drawn their attention. Who is this man, that hath written such things? To write the life of this Man perfectly, were an enterprise for one more versed both in Books and Men: For Me, it will be enough, to collect out of the Authors own Writings (And indeed, to describe Grotius, who is so able as Grotius?) and of some of his friends, what may represent (in some sort) so excellent a person to my Readers view, and conduce to the perpetuating of his happy Memory among us Englishmen, to whom he bore a special Affection. And first we will represent that summary of his first years, which we find in Meursius 's Athenae Batavae, to this effect.  
Hugo Grotius was born at Delf in 
Athenae Bat. Anno 1583.  Holland, 4. eid. April. Anno 1583. He was of an Ancient, and Noble House. His Grandfather of the same name was learned above the model of those darker times, and well skilled in the three principal Languages, Latin, Greek and Hebrew. His Uncle Cornelius Grotius was professor of the Civil Law at Leyden, where he flourished in the good esteem and favour of the best men. His Father was Joannes Grotius, Curator of that University: whose Poems are extant, with Lipsius' Letters to him, and Dousa's verses: whose name also hath adorned many learned men's Books dedicated to Him. Being blest with this Hopeful son, he used all pains and care in his good education, and cherished this great Wit so well, that when he was but eight years old, viz. Anno 1591. He did fundere 
Anno 1591.  versus, make verses ex tempore, and disputed twice publicly in questions of Philosophy. Anno 1598. aet. 15. He traveled 
Anno 1598.  into France in the train of that incomparable person, Joannes Oldenbarneveldius, Ambassador from the States to the Great Henry; and returned honoured with Royal Bounty, and the Friendship of Illustrious Men; having before that time begun to set forth notes upon the seven Liberal Arts of Martianus Capella. When he had after studied some years at Leyden, much endeared unto Scaliger, his Father fearing the young Scholars mind should, by the Amenity and delight of human literature and Poesy, be drawn away from more profitable employment; he was taken off, and ascribed among the Advocates at the Hague, Anno 1599 and 
Anno 1599  soon after pleaded Causes. Yet did not he addict himself so much to that profession, but that his Genius led him back, and made him often revisit his former studies of Humanity. For which, he was most dear to the French Ambassador Buzanvall, to Janus Dousa the Father, and many other Persons of Honour. About this time the States of Holland began to use his service, in penning the History of the most famous War in the whole world. Afterward Anno 1607. Commended 
Anno 1607  by the Suffrages of the Courts, nominated by the States, and elected by the most potent Prince, the Admiration of all other Princes, Grave Maurice, he became Fisci Advocatus, Advocate of the Treasury, and behaved himself so well in this most weighty office, that he received from his superiors a most ample testimony of his diligence and integrity. Here perceiving the Trade into India of great Importance to his Country, that he might stir up the spirits of his Countrymen thereto, he wrote a Book, De jure Commercii Indicani. Again, observing, after the Truce with the Spaniard, the peace of the Commonwealth began to be disturbed by certain dangerous Innovators, judging it to be the Duty of a good Patriot, to oppose himself against their Designs, and to commend unto All the present State, he set out a Dissertation, entitled, De Antiquitate Reipublicae Bataviae. After the death of Elias Olden Barneveldius, a man not less Noble for his good parts, than his family, Our Grotius suffered himself to be chosen into his place, Syndic of Rotterdam, and so was advanced from the Bar to the Bench. And then was he sent into Great Britain to accommodate the difference about the Indian Trade: whence he was dismissed not without eminent marks of favour from that King of Learning and Religion, and from the most learned and pious men of that Island, together with this most pleasing fruit of his Journey, that he there had found the Great Isaac Casaubon, whom he reverenced before at a distance, and had now enjoyed a more intimate and familiar conversation with him. About that time the Church being very sick of the Controversies of Predestination, and of the contention of some Pastors with the Magistrates about the right of Church-Government: in so much that the States of Holland were by some Contumeliously reproached: Our Author thought it his Duty to vindicate the Right of the State, and offer his Medicines for the Cure of those Distempers, and show the way to Peace in those and other Differences that disturb the Christian World.  
Thus far out of Athenae Batavae, a Book containing the Lives of the most eminent professors and learned men that have flourished in that University, and much tending to the honour of it. Wherefore it may be a good precedent for our two famous Universities, and for London (that perhaps may not improperly be styled a third Academy) and stir them up to do the like. For England hath in this last Age produced men as worthy, as any other, though not so much known abroad. But, to reflect a little upon what is said already, before we go on: That so lasting a Wit as Grotius had, should be so soon ripe, is not a little to be admired. Odi puerulum praecoci ingenio, saith the Poet of sentences; Precocity is a token of a short-lived wit: but 'twas not so in Him. Well did a great man in France apply to him, what Turnebus formerly had said of Joseph Scaliger, that he was portentosi ingenii Juvenis; And Daniel Heinsius a great wit too (me thinks 'tis happy when such men bear a fair respect to one another, and do not turn ingenuous Emulation into envious Detraction:) hath honoured him with this elegy 
* Heinsius ad Grotium cum ab eo Adamo exule Tragoedia donaretur. :  
Natura nutrix, obstetrixque iquae pri●…  
Noverca cunctis, Grotio Mater fuit.  
Senex Ephebus ille, quem Batavia  
Miratur omnis, oped at Hetrusou's: sibi  
Omnisque Gallus. Ille dum puer fuit  
Vir esse coepit. Namque relliqui viri  
Tandem sure: Grotius vir natus est.  
Nature, the stepdame to us all,  
Grotius may his Mother call.  
That old Young man Holland admires,  
Italy and all France desires.  
We grow up slowly: would you see  
One born full Man? Grotius is Herald  
As he became a man very quickly, and did all things like a Man, so did he last long, and was never idle. Another Poet 
* Dominicus Baudius in carm. ad Dan. Heins. Idem Baudius ad Grot. & Heins. O par gemellum amoris antiqua fide, Morumque nexu, heroicisque laudibus, etc.  speaks thus, of that eminent Pair Grotius and Heinsius: 
Vobis Dei favore nomen obtigit  
Livore majus, & senecta temporum,  
Exsorsque lethi: Parca nullum jus habet  
In secla vatum, quos Perennitas sacrat.  
Coelestis aura morte deleri nequit,  
Nec interire sanguis Heroum potest.  
Nihil precari majus aut vobis licet,  
Aut saeculo, quam possit ut diu frui  
Tanto Deorum munere. O cultum mihi  
Par, & colendum semper antiqua fide  
Sublime coelo laetus efferam caput,  
Votisque nulla summa defiet meis,  
Si me benignus eruditorum chorus,  
Consentiensque postumae gentis favour  
Tali jugo accensere tertium velit.   
Of our Author's Martianus Capella which he set forth before he was fifteen years old, hear the divine Scaliger 
* Jos. Scalig. in Martianum Capellam Hugonis Grotii. ; 
Hugo soboles Grotius optimi parentis,  
Qui limina nondum tetigit puberis aevi,  
Sed ment senili teneros praevenit annos,  
Magnum meditans, auspiciis noluit illis  
Praeludere, quae vesticipum postulat aetas,  
Sed maluit à grandibus inchoare coeptis,  
Nam qui penus est, omnis & arca displinae,  
Sed quem horridulum injuria squallore vetustas  
Omni studiorum nitido abdicarat usu,  
Illius ab incude profectus, atque amaeno  
Splendore micans, purpurea veste decorous,  
Cultusque novo pumice Martianus exit.  
Cernisne, ut ovantem lepido flore juventae,  
Commendet oum gratia luminis recentis?  
Quam sive habuit, restituit Grotius illi:  
Seu non habuit, contulit hanc Grotius illi.   
The Author himself makes a modest mention of his Capella and some other writings of his about the same time, in an Epistle to his great friend (and indeed the great friend of all learned men) Jacobus Augustus Thuanus 
* Grot. epist. ad Ja. Aug. Thuan. Anno 1601. : I was exceedingly glad (saith he) when I understood, my Capella, Aratus, and Epithalamium Regium, were not only come to your hands but also well taken; not that I think those poor endeavours of my Youth do merit the honour of your suffrage, but 〈◊〉 I am confident, you have rightly esteemed the Donour's Affection. My own opinion of Martianus & the other Syntagni is only this, that they are capable of some exc●… from my Age: for I wrote them when 〈◊〉 was very young 
* Diu ante plevam pubertatem. . But you are pleased to go farther, and upon these beginnings ground a judgement of Greater Hope and Growth hereafter. This, I must confess, is my desire, this is my greatest ambition, t●… be praised by the prais-worthy. As to the Epithalamium, I am sorry many things are mistaken, of which I have since ha●… better intelligence: for I composed it b●… conjecture. And I wish I had inserted some things of the Allobrogic War, 〈◊〉 the place of some other. I know not 〈◊〉 it comes to pass, which I find in myself that my younger writings are condemns by the judgement of my riper years, and 〈◊〉 I cease not, but have a mind to comp●… what will afterward displease myself, have now some pieces done, others 〈◊〉 signed, which, when they are set fo●… shall carefully be conveyed to you. 〈◊〉 chief care is at present, to collect so●… thing that may be useful to you in your Annals of France, believing it to be of much concernment to my Country, if the Actions thereof, by occasion of the Neighbouring Affairs, be eternised in so glorious a Work. And I will take the best care I can, to answer your desire, by informing you, what time and place was fatal to the learned Men of our Country. Happy are you, who at your spare hours (which I am persuaded are but few) can do things above the Abilities of other men, who make it their only Business. Happy is France, governed by the Coun●…l of Men, that liberally bestow upon the Commonwealth of learning, the Remainder of their Time which they can borrow from the public Affairs of the Kingdom, And would I might be so happy once, as to enjoy the presence and friendship of such men, which I do not despair of, especially hoping for your Favour. An. ●…601. In another Epistle of the same year 〈◊〉 the same Thuanus, wherewith he presented him his Adamus Exul (concerning which, by the way, take this of Janus 〈◊〉 
* Jan. Dous. in Hug. Grot. Adamum Exulem Tragoed. : 
Mortiferum hic-vetita decerptum ex arbore pomum,  
Adami lapsus exiliumque Leges,  
Nunc primum en Latio donati atque urbe Quiritum;  
Debita quae Civi gloria sola meo;  
Qui Phaebo Delphisque suis, nec consule tantum  
Patre, sed & Magni nomine dignus ovat.)   
To the same Thuanus, I say, our Author thus addresses himself: To You is this 
Grot. in epist. ad Jacobum Aug. Thuan.  offered, most illustrious Precedent, who after that light of Scotland have revived Tragedy. Indeed Buchanan, in other points most excellent, seemeth to degenerate from the height of the Buskin, so that I may say, You are the first by whose conduct the old Majesty of the Stage is brought back again, from that Prince of Tragedians Aeschylus. Give me leave to adore your footsteps, and receive here a Tragedy, and that a sacred one; to the writing whereof as Your example invited, so my manifest inequality might have deterred me. For no sober man, where he desires to excel, would follow Thuanus: to whom who doth not so give the first place, as not daring to aspire unto the second? As for me, I contend not with any one for Glory, but pleased my se●… in this sacred Argument; fearing not censure, while I am unsollicitous of praise.  
Anno. 1608. He published another 
Anno 1608.  Tragedy entitled Christus patience, ar●… dedicated it to Petrus Janninus, the King of France's Ambassador to the States. A part of his dedicatory Epistle is very fit to 
Grotii epist. ad Petrum Janninum.  be read here. Suffer, I pray, the noblest name, and that which will be perpetually celebrated in the Annals of France, to be inscribed upon this Book: that Men, by this sign may see, though I cannot be thankful enough, I have not willingly been unthankful. The truest praise of the French-Nation is Humanity, especially toward strangers: but your Humanity hath exceeded all former limits, and is not common to the Nation, but proper to yourself. You have new-spirited a young man, commendable for nothing but his love of good learning, and admiration of eminent persons, and you have not only countenanced him & encouraged him with gracious words, (which was much:) but of your own accord, have admitted him (let me not offend your honour in saying so) into your bosom, as an intimate friend. Moreover, You have laid hold on all occasions to advance me, with a bountiful, prone, and (I had almost said) Paternal Affection. Whensoever the Affairs of France and greater cares shall recall you from us, it will be a sad time to All, most to Me; For it will deprive me of the chiefest part of my felicity: Yet 'tis a comfort, that it shall never be able to extinguish, either the memory which you are pleased to retain of me, or the honour which I have received from so illustrious a Friendship. And, seeing it much concerned me to have it known, I thought it meet upon that account to make this public Address, and offer you this Tragedy for a testimony of a mostd voted Heart. That it might be worthy of you, seeing I could not give it value from myself, I have taken it from the matter most woeful in in the fact, most joyful in the effect and fruit, most sacred every way. This alone unites the divided minds of Christians, striving with one another as much in hatred as they ought in love, and keeps them still almost invincible, not permitting their differences to be infinite. No other Argument could be found more agreeable to your Mind, who long mourn for the lamentable distractions of this Age, and study to procure, as much as is in you (and very much is in you) the Peace of the Church; a thing that we can only wish for. For, that, Truth necessary to salvavation being established, due liberty 'twixt unjust Domination and unbridled Licence being granted in other points, the Parties much inflamed by ambition, avarice, private Interests, and impunity of speaking & doing evil brought in by wars, may by degrees be reconciled and close in a league; to this end (I say) the Authority of your King, the Prince of Christian Princes, and next unto that your lenity and moderation, and of such as you are, yieldeth us the greatest Hope. Which Hope, may He at length, bring unto an Issue, who is our Common Redeemer, and hath bought us with his own blood, the memory of which ineffable Benefit, we have expressed in this Tragedy, if not with happy success, yet with a pious endeavour.  
This last passage I was the more willing to communicate to the Christian Reader, because it shows, that our Author very early entered into that pious care of the Church's Peace, which he carried with him all along the course of his life, even to his grave, as we shall observe in that which follows. In his studies of Piety and Religion he had the domestic Assistance of the learned and peaceable Divine Franciscus J●…mus; whose Opinions yet, our Grotius did 〈◊〉 so obstinately embrace, (as the manner of some is to follow their Masters beyond reason) but that he had an ear for Arminius, one of the public professors at Leyden about the same time. Because I have mentiored a name hated by many (more through prejudice, than upon any true ground) I shall here annex our Author's Verses upon his death 
* Anno 1609. , not so much out of an intention to praise the man, as to set forth the Temper of our Author in his own lively words; 

* Grot. Farrag. libro 3. In mortem Jacobi Arminii.  Scrutator altae Veritatis Armini  
Sublime pectus, anima foeta doctrinae,  
Solertiaeque perspicacis exemplum,  
Tu nunc ademptus saeeulo tenebricoso  
Et semicoecae palpitantium turbae  
Claros beatae lucis incolis campos:  
Et sive multum debuit tibi verum,  
Seu parte in aliqua, more gentis humanae,  
Et nescientis multa sorte naturae,  
Te cepit error (Judicent, quibus sacri  
Juris potestas, visque tanta nascendi)  
Certe superni condicts frequens Lector,  
In verba certe non adactus humana  
Labi timentis, nec rebellis in sese,  
Fers teste coelo conscientiae laudem,  
Ibi satur quiet, gaudii plenus,  
Quaesita quondam discis, & vides, quanta  
Involvat homines inscientiae nubes:  
Quam nil sit illud, quod vocamus hic scire,  
Quo nos superbi tollimus caput coelo,  
Calcamus alios, invicemque calcamur.  
Hinc tanta bella saeviunt magistrorum,  
Hinc odia plebis: interim fugit longè,  
Nec se videndam dimicantibus praebet  
Amica sanctae sancta Veritas Pacis.  
Unde ista rabbiss, & libido pugnandi  
Insedit animos? Cur placet Deus, belli  
Maceria? Quo tot studia, tot novae parts?  
An hostis atranocte pestilens Christi  
Insparsit agro semen? an furor pugnax  
Mortalitatis, ingenique corrupti  
Alimenta quaevis sumit, & Dei cause  
Permisect hominem? curiosus an mundus  
Dum nil latere patitur, & sequi gaudet  
Sciri negata, jure sentit hanc poenam?  
Ut illa quondam, dum viam parat coelo,  
Structrix superbae molis insolens turba  
In mille linguas abiit, atque aberranti  
Sermone priscum vocis exuit foedus.  
Heu quid paramus? Lectus orbe de toto  
Grex ille parvus lancinamur heu faede  
Iterumque & iterum, scindimurque discords,  
Ridente Turca, nec dolente Judaeo,  
Felix remota factionibus Vulgi  
Religio simplex, arte non laborata:  
Quae morte Christi certa dilui culpas,  
Hic spem fidemque ponit, & dari credit  
Gratis salutem, promerentibus poenam:  
Sanctique amoris lene munus exercens  
Non curat altum sapere, nec nimis quaerit,  
An lege certa veniat omne Venturum:  
Exsors malorum quomodo malum nolit,  
Velitque Rector: summa quatenus causa  
Potente nutu velle temperet nostrum.  
Felix & ille quisquis ambitu liber,  
Nec vana captans lucra, nec leves plausus,  
Coelestiores excitatus ad curas  
In astra tendit, & Deum studet nosse,  
Qua se ipse pandit, ambulatque suspensis  
Periculosas gressibus per ambages,  
Non mentientis sila persequens libri:  
Cui charitate temperata libert as  
Certat manere dissidentibus concors:  
Piaeque purus aequit at is affectus  
Damnatus aliis, ipse neminem damnat:  
Modestiaeque limitem premens, donat  
Nunc verba vero, nunc silentium paci.  
Haec saepe populo teste, saepe privatim,  
Haec ipsa fato jam propinquus, Armini,  
Adhuc monebas, cum laboribus vita  
Longis fatiscens, saeculique pertaesus  
Fastidiosi, pertinacts, ingrati,  
Indigniore parte fractus & languens,  
Meliore sospes; illa millibus multis  
Monstrata per te regna totus arderes.  
Et nunc paterno sidus additum ●…emplo  
Deum precaris, Det gregi suo lucem.  
Hic quanto satis est, hac de●… esse contentum:  
Det non loquentes sua reperta Doctores:  
Det consonantes semper omnium linguas,  
Aut corda saltem: praepotente vi flammae  
Caliginosas litium fuget sordes:  
Ut spiret unum tota civet as Christi,  
Vitamque terris approbet, fidem coelo.   
Did we all follow what is here so well expressed; that is, humbly submit to plain Scripture, not boldly inquire into things unrevealed; more exercise our charity, and less quarrel about opinions; walk in sincerity of heart before God, and in uprightness of conversation before men; Certainly it would be much better with Christendom, than it is at this day. But, the great fault is, that men lay out their zeal upon a sect, or side; and study not to improve the Common Truths to the Advancement of Peace and Charity 
† See Dr. Hammonds Treatise of Fundamentals. , But more of this hereafter. Among our Author's first works, above is mentioned his De Republica Batav. of which Himself speaks in an Epistle to Thuanus, An. 1610. thus: 
An. 1610.   

* Grot. Epist. ad Jac. Aug. Thuanum.  This Book of our Commonwealth I send to you, that have framed together not the French History only, but the History of the whole World, with such variety of matter, and such elegance of stile, that no man could ever have expected the like from one at greatest leisure. But I send you a slender work if you look upon the matter, containing not the affairs of all mankind, no nor of some great Kingdom, but of one Nation included within narrow bounds: nor all the affairs of this, but a breviate only of the Government. Plainly, here is nothing for you to love, nothing to praise, besides a mind like yours, viz. most affectionate to my Country, and not addicted to Innovation, I embrace that saying of Thucydides: That scheme of Government which every one hath received, it is good for him to preserve. That's your care in a great Kingdom, ours in a little Commonwealth. Your immortal work, though it may please all by the ancient elegance of words, and variety of matter, yet doth it not deserve better of the Readers in any respect, than that it makes them both good men, and good Subjects. We also will be among the Disciples of this Institution, and will labour after your example, that our fidelity and liberty in all things may be approved.  
In England our Author began the thirtieth year of his Age on Easter day, An. 1612. and celebrated the same with these following Verses: 

* In Pascha, Anni 1612. Natalem trigesimum. Farrag. l. 3.  Christ tui quondam testis de morte triumphi,  
In lucem reduci quae tibi prima suit;  
Haec quoque nascentem me post tot saecula vidit  
Sancta piis semper, bis mihi sancta dies:  
Scilicet ut nequeam, geminato munere, donec  
Sum memor ipse mei, non memor esse tut.  
Olim quindecimum cum Sol mihi conderet annum,  
Ostendit mthi ver Gallia, vere meo.  
Contigimus dextram, qua nulla potentior armis,  
Quae quod regnabat debuit ipsa sibi.  
Nunc bis quindecimum luces mihi noctibus aequans  
Phrixeae Phoebus vellera lustrat ovis:  
Natalisque meus me ditibus aspicit arvis,  
Quae Tamesis puro vitreus amne rigat.  
Vidimus hic illum, qui regno maximus, unus  
Est regum regno celsior ipse suo:  
Qui postquam terris datus est, sapientiae vera  
Privatum post hac se decus esse negat.  
Hactenus ista. latet sors indeprensa futuri:  
Scit, qui sollicitum me vetat esse, Deus.  
Duc Genitor me Magne: sequar quocunque vocabor,  
Seu tu laeta mihi, seu mihi dura paras.  
Sistis in hac vita? maneo? partesque tuebor  
Quas dederis. Revocas optime? promtus eo.  
Post reges visos, da regum cernere Regem,  
Natalemque mihi, sed sine nocte, diem.   
A little before he came into England, he had correspondence with Casaubon, and consulted him about the Church's peace, proposing some expedients to that purpose. Casaubon in one Epistle returns him this Answer:  

* Casauboni Epist. 220. Hugoni Grotio. Lond. 15. Kal. Feb. 1612.  You have made me happy with your Letters which I lately received: and I cannot express the pleasure I take in your cares and studies of Peace and Concord. You see in your Country, how easy a thing it is to stir up contentions among brethren, how hard to allay them. Think every Country to be Holland. So great store is there of the lovers of Contention every where: who account it a matter indifferent, or not so much, whether the Church have any peace or no. 'Tis a small thing, not to love concord: I know many, that do suspect and hate no men more than peacemakers. The more have I admired the piety of King James, who doth so embrace the study of Truth, that he recedes not from the study of Unity. The same Casaubon in another Epistle to Grotius: 
* Casaub. Epist. 221. 6. Kal. Febr.  The most wise King, most studious of Peace and Concord, having read your Letter, exceedingly praised your piety joined with equal prudence. His Majesty could wish, that all They, who have any hand in the Government of Christian Kingdoms and Commonwealths, were of your mind: and, he doubteth not, it would be for the great good of God's Church. He also wonderfully approves the counsel you suggest, of procuring concord by all means, at least among our own. If this, any way, through God's mercy, could be effected, the King assures himself, Many good men, who at this day knowing not whither to turn themselves amidst our so great discords, do groan under the Pope's Tyranny, would provide for the liberty of their Consciences. I will pronounce nothing of the Papists of other Countries: but of my Countrymen of France I think I may truly say, the best of them do wait for the day of the Lord, and from their souls detest the maintainers of empty superstitions, and of Papal Tyranny. I say more, and I say it upon good ground: If in our France, Reformation had been carried on, without so much varying from the form of the Ancient Church, many thousands more, now most a verse from the Doctrine of our Churches, had been converted. When I have said thus to our Ministers in France, I found but few, who preferred not their own preciseness before gentle and moderate counsels. Here, far otherwise minded are both the King, and every most learned man of the English Clergy. Many of the Bishops in this Kingdom, men excelling in learning and piety, I have found, who day and night study the same thing with you, and give themselves continually to the same Cogitations. And I doubt not, if a beginning were made, or if any occasion did arise of effecting that, of which you have most prudently written, both his most excellent Majesty, and the whole Church of England, and especially the most reverend Bishops, would try all things, to promote so good a work. His Majesty commanded me, to let you understand so much, requesting you to continue in the same mind, and to communicate your counsels to us.  
Being in England, our Grotius persisted in his endeavours of Reconciliation, and presented to the learned Dean of St. Paul's, Dr. Overal, a little Tract, (of late 
* Cum aliis opusc. Amstelod. 1652.  published) entitled, Conciliatio dissidentium de re praedestinar●… & gratia opinionum: which the De●… having perused, roturns, with this judgement upon it:  
Remitto ad Te, etc. I return to you 
Jo. Overallus Hug. Grotio, Maii 16. 1613.  your Conciliation, which is very much approved by me, but I fear you will not approve it to your Antagonists, especially the more rigid Sectators of Calvin's way: That Zenonian Sect will hardly yield to moderate sentences in these matters, but will tooth and nail adhere unto that fatal doctrine of Predestination, in the pure mass, or at least in the corrupt, the Reprobates (that is, All men besides their absolutely Elect) being excluded from the Redemption of Christ, and from sufficient Grace, in the intention of God and of Christ.  
After his return into Holland he prosecuted his Consultation for Peace by Letters to his friends in England, and sent over a Copy of the Decree of the States for the ending of those Disputes: as appears in another Epistle of Casaubon's, 1614  

* Casauboni ad Grotium epist. Lond. 6. Kal. Maii. 1614  Yours to Dr. Overal I will deliver him myself this day, and ask his counsel about your Business. He is now, not Dean of St. Paul's, but Bishop of Lichfield, which preferment was conferred on him by the most gracious King, a month since. But, such Accidents befall men, this Accession of honour was made the less joyful to him, by the Stone, or some like disease, wherewith he was taken that very day whereon he obtained his place. I will prevail with him to write you an Answer, or, if I cannot, I will fully declare unto you his opinion. The Edict of the most illustrious States, I read so soon as I had opened your Packet, and noted therein one or two expressions, which I would have wished a little otherwise conceived. But I will expect the judgement of others; and then I will diligently write unto you both my own and their Observations. In the mean, I cannot sufficiently praise the Design of the most illustrious States, in putting a restraint upon curious Heads by this Edict 
† Et in Epist. seq. Neque vero consilium dun. taxat Rex 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & alii v●…i gravissimi probaver●…, said & formulam quoque ipsam jussie ordinum conceptam. Apparet enim id esse actum, ut à duobus scopulis in hac doctrina aeque periculosis, hinc Manichaeorum inde Pelagianorum, popul avertantur: & in ea doctrina confirmentur, quae salutus nostrae proram & puppim, principium, inquam, progressum & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, uni Deo adscribens contemptum tamen bonorum operum non inducat. See the late King's Decree, set before the 39 Articles, to the like purpose. . The Lord bless their work. I have long been persuaded, that the immoderate desire of men to pierce into the secret Counsels of God, beyond what the eternal Wisdom hath revealed to us in Scripture, is one of the most grievous Evils of our Time. The ancient Church firmly believed, there are many mysteries in Christian Religion, of which it is better to be silent, especially among the Common People, than to dispute subtly. I have written much of that opinion of the Ancients, when I expounded why the Sacraments are called Mysteries. Which Argument when I handled, and thought upon the modern Controversies, I could not forbear to say somewhat of the matter. See, if you please, the beginning of the 564. page.  
The Book now cited by Casaubon, is his Exercitations against Baronjus, (Lond. 1614) upon which Work h●… follow Grotius 's Verses, which I set d●… for the better demonstration of that moderate way these great Scholars followed in the business of Religion, wishing th●… example may help to reduce others f●… extravagancies. 

* Hugonis Gretii carmen in Exercit. Baronianas' Isabella Casaubon.  annal docti nimium servire Baron  
Qui legis, etc.   
Thus in English: 
The Annals of the great Baronius,  
Approved at Rome, too too obsequious,  
Believe not rashly: The Laborice Book  
Was overawed by an Imperious loo●…  
Errors cloaked under purple Robe●… No hope,  
This long time, that plain True should please the Pope.  
O Piety, where art! where is the M●…  
So valiant against this Age, that can  
Defend thy Cause; when Schism a●… Faction,  
Passions and Lusts reign o'er Religion  
Some to impose one as the Head of All,  
To raise Him up, consider not who fall.  
Reverehd Antiquity, without her choice,  
Is forced against herself to give her voice.  
King's to deprive both of their Life and Crown,  
For private Interest to throw Justice down,  
New falsehood to commend with an old Name,  
This is the way to Riches and to Fame.  
Some others too, guilty of Innovation,  
Call this a free and a pure Reformation:  
To these, received Rites displeasing are,  
Lest that to Rome they should approach too near.  
Thus Piety afflicted, and long hid,  
(Which always to speak Falsehood doth forbid,  
And sometimes, to conceal Truth;) weeping passed  
From place to place to find some aid: at last,  
Other hands failing, Casaubon divine,  
She was not disappointed seeking thine.  
I have no wealth to give; not the Red Hat:  
Alas (said she) my Enemies have that:  
Yet have I great Rewards, Good Conscience,  
Grateful Posterity, God's Beneficence.  
Thou heardst, and fear●…dst not this evil Age,  
That Wars against Peace with perpetual Rage.  
Hence Athenoeus, and Polybius now,  
Those Glorious and younger Works, which thou  
Hast wrought: and let thy Strabo yield his place,  
And all thy Sons of Roman or Greek race.  
One more Heroic comes. The former were  
Labours of Learning: Piety is here.   
Near the same time, he wrote an Epistle to Joannes Hotmannus Vellerius, which, because it touches Concord and the Decree above mentioned, may fitly be added in this place.  

* Hugo Grot. Jo. Hotman. Vellerio, 26. Aug. 1614  I received by the hand of the Right Honourable the French Ambassador your worthy Present, viz. Books of excellent Men written on behalf of the best thing (yet most despaired of) the peace of divided Christianity. To speak my opinion briesly, I think, if Luther had had the mind of Melancthon, and the Patriarch of the West the mind of Cassander, it had fared better with the Affairs of Europe, which is now, for a whole Age almost, miserably shaken with bloody wars, under the Title of the Gospel. And now, when even those who have deserted the Roman party, do for a few Controvernes so implacably disagree, what hope can there be of Concord in the whole Body? Nevertheless, Endeavours in so good a thing are not without praise, even when they are without success, But, if the present Age deserve this punishment, to be given up to their own madness, and will not admit any whohome Counse's, the next Age perchance will be more happy, and either be studious of peace, or weary of contention. God often brings matters about unexpectedly. I suppose you have read my Book 
* Cui tit. Pietas Ordinum Hollandiae, ni fellor. . 'Tis doubtful whether my own Countrymen or the Jesuits are more displeased with it: the Former, because I defend that paradox (as it seemeth to them) That in every Church, they may be tolerated, who differ about things not simply necessary: the Latter, because I call Princes to the inspection and care of matters of Religion. Both which Points are such, that, if they be not stated so, we shall neither be able to recover our lost unity, nor to retain this which we have. That the States of Holland are of the same Judgement with me, you shall perceive by their Decree. I have taken some pains, that it might not go forth without testimonies, not only that the Authority thereof might be more sacred, but also that I might accustom our men to yield somewhat to pious Antiquity, which by some is frowardly despised. Add unto this what he wrote the next year to Thuanus: I engaged in this contentious kind of 
Gratius Thuano, 1515.  writing, not moved thereunto by my own disposition, (for that is not quarrelsome) but impelled by a certain greater force, viz. by the counsel of prudent men, and by a desire to serve both my Country and the Church: and truly the Church more than my Country. For, to tell you the very truth (and who better deserves to hear the truth?) ever since I began to consider diligently of the Affairs of Religion, I found their complaints, who called for amendment in doctrines, in rites, in government, to be most just; but (as it commonly happens) they went too far, and erred a little on the other hand 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. . So, whilst they departed from the dangerous confidence of Merits, there crept in opinions contemning Good Works: in hatred of Superstition, they were dis-affected to all Liturgy, and order of Divine Service: and for fear of Tyranny (which had been intolerable) they proceeded to the confines of Anarchy. Wherhfore I have always thought it the duty of all good men on our side, to do their utmost, that by little and little, whatsoever was exorbitant might be reduced to a Golden mediocrity. Which cogitation I see was fixed in the mind of Melancthon. Now, there is nothing objected, I will not say, to our Churches, but to the most famous Doctors of our Churches, more odious, than that by too much urging certain rigid doctrines, and savouring more of Zeno's Porch than Salomon's, they assign unto God the causes of sinning, and 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  by an idle word evert the care of piety. The learned Melancthon saw this, and having been carried upon these rocks by the violence of Luther, afterward, by the admonition of Erasmus, steered a better course. Whose footsteps, when some of our Pas●… insisted in, but being pressed by the vehemence of their Colleagues, had their only refuge in the goodness of the Magistrates, I associated myself to them, who conceived it intolerable, that a most pernicious thing should from this beginning go into example, and that the World should know, Moderate men could not be suffered in our Churches. When some sharp Doctors in the Neighbourhood made strong opposition against this pious design, and mixed other matters with this business, only to raise an odium against the Magistrates pursuing peace; it seemed good, that it should be showed how unjust those turbulent clamours were, in the consutation of one most eminent among his fellows, who had in ill manner implored the aid of external power. To this service was I chosen, not but that many might have done it better, but because it seemed proper to the office which I then did execute. Nor was I ignorant what 'twas to provoke Wasps, but being armed with a good Conscience, I adventured to expose myself to calumnies, which they shall never escape that will oppose vices aged and robustious. But I give you thanks, and acknowledge your good will to me, and your wisdom, when you persuade me to abstain for the future from such contentions. I will indeed, in compliance with your Authority, and my own inclination both, carefully avoid a●… unnecessary quarrels; because I see it is (as you write) of very great moment, as well to the health of body, (which to me is but weak) as to tranquillity of mind. After this he comes to speak of his historical writings, thus: The History of our War I have continued to the end, that is, to the Truce. There remains now the labour of revising and correcting it, almost more troublesome than the writing: I see, when I had leisure to write more heedfully, I was not well provided with solid knowledge of affairs: now, when I am able to get a better understanding of matters, my employments (being many rather than great) do not afford me time to select words fit for the History. And I much fear, that the work will be uneven and broken, and being composed at divers times, will not resemble the same Author. What I have written, upon your encouragement I will revise and amend as perfectly as I can, and then lay it up where it shall have no commerce with this Age; for it is dangerous to contract with it. Posterity is better trusted; not because it will be better, but because it will be more kind to the deceased; for there will arise other objects for envy and malice to work upon.  
Anno 1616. Gulielmus Grotius, our Author's Brother, published a Collection of his Poems. Concerning which our Author, in an Epistle of his prefixed, saith: 
* Hugo Grotius Gulielmo Grotio fratri.  Some will accuse the Variety and desultorious kind of writing. The work indeed is not of one age. Spring and Summer are several seasons. And a man's mind is not always in the same temper: some times free and at its own command; sometimes weary, and seeking where to breathe; often by request of friends bound and confined to a certain subject. Neither do I think it the part of a constant man, to put the same ccuntenance upon jest and earnest. Moreover, my wit and Genius being ductile and apt to follow, as it was warmed with the reading of any Poet, was easily led in the way of imitation. I acknowledge myself in some places full of Lucan's spirit, in other very studious of Manilius, and in other attempting somewhat more castigate after the pattern of Statius and Claudian, etc. But for the edition of these poems, I neither say yea, nor nay, but leave you to yourself, and to the Counsils of those, who are most able to judge thereof. Such as are those Princes of this Art Heinsius and Rutgerlius, and the most honest and most learned Vossius. However, I rejoice in having such a brother, who loveth not my person only but my writings so fraternally.  
We are now coming near to that Eclipse of honour, which overtook this great light in his own Country: but, before we give you the story of that, you shall, if you please, behold him shining in his full splendour, in that happy Elegy or character bestowed on him by his most worthy and most dear friend now-mentiond, Gerardus Vossius: 


* Jo. Gerardi Vosii carmen ad Hugonem Grotium.  O quam te memorem, optimi parentis  
Proles maxima ter-beate Groti!  
Tu Pharsalica bella detonantem  
Vitae restituis: tuum est quod aeger  
Felix nomine Marcianus ille  
Jam felix iterum vigere coepit:  
Viusent per te Avienus atque Aratus  
Et Germanicus. Alter Aescul. pi  
Das vitam & simul acc pis perennem.   

Sed ne summa tuae sit ista laudis,  

* H. Gro●… Poemata.  En silvas similes Papinianis,  
En pares elegos Tibullianis;  
Non cedunt Senecae tui cothurni,  
Nec cedunt Epigrammatum libelli  
Musae Bilbilicae aut Catullianae.  
Ludunt singula singuli Poetae:  
Haec tu cuncta potes, Poeta noster 
† The best Poems of these later Ages were written by the best Scholar, the immortal Hugo Grotius. The editor of Mr. Cartwright. .  
Quis non hoc stupeat Batava Siren?   

Nondum diximus. Explicas futuris  
Bella Belgica seculis suavi  
Ex virtutibus utriusque cinno,  
Contendens Tacitoque Livioque   

Gratior Themidi nec est sacerdos,  
Et sollertior expedire caeca  
Legum aenigmata. Charta testis illa,  
Qua praestas mare liberum Batavis,  
Et quae post aliae sequentur illam.  
Testis innumera illa, cui fuisti  
Salus perfugiumque, turba. Testis  
Cata Hollandia, quae sui Patronum  
Fisci legerat. Ipsa Diva testis  
Quindeno sibi te sacrans ab anno.   

Ad haec plura praestites sacrorum  
Ipsos sacra doces. Negare livor  
Hoc unquam velit? Obstruet sedora  
Virtus, & triplici triplex superstes  
Mundo pagina: 
* Pietas Ordinum Hollandiae,  quâ pios tueris  
Primores patriae: atque 
* De imperio summarum potestatum circa Sacra.  quâ sacrorum  
Isdem post Dominum Deumque nostrum  
Jus summum imperiumque vindicasti:  
Et 
* De satisfactione, contra Socinum. That de Imperio, was translated into English, and printed. An. 1651. Of the Authority of the Highest power in matters of Religion.  qua Christiadûm docens salutem  
Dispellis nebulas Socinianas'.  
Haec mirabitur, haec stupebit orbis:  
Imprimis quibus ingenî ignea illa  
Vis nescitur, & ut sacros libellos,  
Et Patrum monumenta dia verses,  
Ind à tempore, quo sagacis, annos   

Ante vesticipes, ab ore Junî.  
Divini hospitio fruens magistri,  
Nectar eloquii sacribibisti.  
Nec annis gravis otioque abundans  
Facis talia; publicis sed usque  
District issimus: rebus ante sisci:   

At nunc messibus haut quater novenis  
Visis, cor oculusque civitatis,  
Natali celebris quae Erasmiano est:  
Et magnatibus, imperi Batavi  
Inclinata super quibus recumbit  
Nec Alcidae humeris ferenda moles,  
Curarum socius comesque fidus.   

Felici omine dicte Magne, quid Te  
Sol majus videt? O decus tuorum  
Delfi gloria patrii, Batauûm  
Splendour inclyte, Belgices' ocelle,  
Orbis delicium, Deique amores.    
Now, the story of his Trouble and Imprisonment I shall deliver you as I have received it from his own pen, in the preface to his Apologetic, written and published by himself, after his safe arrival in France, as followeth:  

* Hollandiae, west●…sia, vicinarumque nationum Rectoribus superioris atque inferiorn gradus, populoque omni, Hug●… Grotius.  I have this only way left me to open and declare the Truth to all those that have not their mind subject to their passions. And the plain Truth is this.  
Among the Doctors of that Religion, which obteins the name of Reformed, both among us and in other places, hath been a variety of opinions, about Divine Praedestination, the amplitude of Grace, and the manner of its efficacy, and about certainty of perseverance, as appears by the Books published. The number of them that hold Predestination conditionate, Grace universal and resistible, and peseverance conditionate likewise (some such in former time had been at Utrecht, Goad, Horn, and elsewhere:) by enquiring diligently into those points was much increased. Against these other opposed themselves, preaching, that that Opinion was contrary to the Word of God and the confessions of the Church, attempting also to out them of their Pastoral office, and bring them under other Ecclesiastical censures. The accused and prosecuted party were not wanting to themselves in making their defence, both by their tongues and pens. The States of Holland and Westfrisia following the Council, first of the Judges of their own upper Bench, and then also of the King of Great Britain, delivered by word of mouth and by writing: (when 'twas clear, that the determination of those Controversies by most voices of the Pastors would make a rent, and much afflict both the body of the Reformed Religion, and the Commonwealth too, and that many of the Magistrates (to say nothing now of a great number of private Citizens, lovers of Virtue and of their Country) were so well affected to the accused party, that they could not think the condemnation thereof could consist with the safety of Religion, nor could they use their power to that purpose:) They judged it best to set forth a Decree of mutual Toleration, charging the Pastors, that in those Controversies they should bear with one another, and not handle that Argument, but temperately, and only in order to Godliness, preserving among themselves the bond of Christian Charity unbroken. And that all abrupt points of those questions might be shunned, and no new ones started, more and more Decrees were made, which pleased very many Godly-learned Men, both at home and abroad. But, some of the Pastors, assuring themselves of certain victory by a definitive sentence, and not able to attain unto it lawfully, the way being obstructed by the said Decrees, did, by Clandestine Meetings and secret combinations, move the common people to a Church-separation; and, to gain the countenance of Authority, laboured with some Towns and neighbouring Nations, to bring the businese to a Common Synod; which themselves, as if the seven Confederate Nations were one Nation, call National: which was against the will of most of the Rulers of Holland, against the will of the Trajectins and Transisalans and part of Geldria, being afraid of the ill effects usually caused by determining and defining Questions. The same were of opinion, that they could not be compelled by those Nations which were less molested with those controversies, to join with them in the indiction of a Synod for the said definition: because, every Nation, even after the Trajectin league had excepted for itself, as other points of supremacy, so also the right of ordering the Church and public divine service; witness the league itself, and the succeeding Acts, and the practice continued to these last times. Nevertheless they affirmed, They would persist in the Reformed Religion, on these terms, that a liberty of dissenting in those Controversies should be permitted: for the use of which liberty in a moderate way without commotions of the people, divers expedients were proposed. But, whilst this was under debate, the Adversaries of mutual peace, in some places, invaded the Temples, cast out their Dissenting brethren, and moreover stood against that Right, which the Magistrates, in Holland as well as among their neighbours, had exercised of old, and did exercise to that time, viz. Of having their voices in the election of Pastors. There were some also, who by their bitter Declamations and libels defaming the Rulers exposed them to the hatred of the people, and also used violence against them Maurice Prince of Aurange, having long kept himself quiet in these Controversies, by the secret arts of some men is exasperated more and more against Oldenbarneveld Assessor (or, Advocate) of Holland, a man of most flourishing Authority in the Assembly, from whom long since at the making of the Truce he had dissented: Withal, he is possessed with such things concerning the form of the Common wealth (which he had not been very much conversant in hitherto, being taken up with military affairs:) which were neither agreeable to the Laws, nor Customs. He then, at length begins to disallow the Decrees made by the States of Holland for toleration of diversity of opinions, to forsake the public Churches, and associate himself to the separating Congregations. And further, without the knowledge of the States of Holland, he gave Command to the ordinary Soldiers, not to stir in any businesses arising from those Controversies; when as the States of Holland were of another Judgement, viz. That obedience from the Soldier was due to their Decrees, and safeguard to the Rulers of Towns and to public places against all force and sedition whatsoever. Upon this motive, some Magistrates of Towns, that had either no Garrisons at all, or such as were, for the said causes, suspected by the Rulers, by the Decree of the States of Holland increased and ordered the Guards of their Town: which right also they had heretofore often used, without contradiction of the States confederate, or the Governor, who is the Commander of the ordinary Soldiers. The same was done by the Trajectin Rulers and as well these as the other professed, they would entertain these Soldiers at at their own charge, over and above the common burdens of the War. About the same time, the two Benches of Judges, to whom lies an Appeal from the Towns, begin to decree against the Decrees of the States of Holland, in those writs whereby they called whom they pleased into question. That, the States of Holland pronounce to be unjustly done, and the limits of their judiciary power to be exceeded, as it was often before these times. Some Nations are impelled by Prince Maurice and others, to call a common Synod (which we have said was styled National) in the name of the Assembly of the Confederates, and to disband the military guards of the Towns. Both the Hollandian and Trajectin Rulers oppose themselves against this attempt, testifying, that 'twas not Lawful for the Confederates, themselves interceding, to constitute any thing in those matters by the vote of the major part. They go on to call the Synod inviting also the Divines of other Nations, but no other than they knew would join in those opinions, to which the victory was destined. The proposals of the Hollanders and others for a fair accommodation of the matter were rejected. And in the mean time Prince Maurice with some Legates (or, Deputies) of the Assembly of Confederates goes to Trajectum, and against the will of the Rulers there disarms the Guard: though the Deputies from Holland did what they could (but all in vain) to hinder it; for they were commanded by their Superiors, to affect the Trajectin Rulers to their utmost, and if need were, to admonish the ordinary Soldiers in their service that they should attempt nothing against the will of the said Rulers, by force, in the things pertaining to the internal government of that Nation, and to the security thereof, being such as every Nation by itself had reserved in their own power. The King of France having received intelligence of the Differences of his friends, dispatcheth Bossizius to them; who in consequence to the things treated on already by Maurerius, the same King's Leaguer, might pursue all means of reconciliation. In hope whereof, the Rulers of the Hollandian Towns dismissed their Guards. This was no sooner done, but eight men, in the name of the Confederate States, from whom they had no such Commission, commanded Oldenbarnveld (whom the States of Holland a little before had taken into their protection) and Hogerbet and Me to be apprehended. Against this, the States of Holland and the Rulers of our Towns make their complaints. When we were long detained in prison, and oft examined; Judges at last, in the name of the Confederate States, are given us. Nor did it avail us, to show out of our Country Laws and Customs, that the Confederate States have no Jurisdiction over them, and that the Judges themselves, for many reasons, were suspected. They go on in their Design, and give us not leave, neither to revise what things we written in our examination, nor to lay open the justice of our cause, nor to prove matters of fact pert eining to our defence, nor to refute the witnesses, nor to use Council: Sentence of death is pronounced upon Oldenbarneveld, of perpetual imprisonment upon Us, of publication of Goods upon all Three. A year after, without hearing us, followed an Interpretation of the sentence, whereby we are pronounced Traitors. I can truly profess, in the sentence against Me, many things were set down beside the truth, many things expressly denied by Me, some things whereof I was wholly ignorant, some things of which I was not so much as exami●…; so far was I from being allowed a fair Trial. This, and much more would be very evident, if my Answers to every Interrogatory in my examination might come to light entire and sincere, as I do earnestly entreat. Before we were apprehended, at Trajectum the Noble men and Rulers of the City; whilst we were kept prisoners, all over Holland, the Decurions, Consuls, Oppidan Judges are removed before their time, others being put in, against the most sacred Laws. established of old by the Oaths of the Earls of Holland, and religiously observed many Ages. Before the Synod (which they called National) and in the time of it, many Pastors who taught praedestination conditionate (whom they called Remonstrants) are put out of office. Others 
Anno 1618.  of them being summoned to the Synod are required to plead their cause before their Adversaries, who had before condemned them by their secession, by their declamation in the Church, by the Synod, and by their writings: neither yet is it granted them to defend their own, and to oppugn the contrary opinion, otherwise than it seemed good unto the Synod, that is, unto their Adversaries. They are cast out of the Synod and condemned. There follow cruel Decrees against the Congregations of the condemned opinion, and against Collection of Alms for the feeding of Pastors, who being expelled or banished from their Country, if they return, are clapped up in perpetual prison, their Accusers being invited by Rewards. Congregations are scattered more unmercifully than the Edicts would bear, by force, and oftentimes not without blood, to the great grief of a huge number of very good Men, lovers of Christian piety and of their Country. This is a true Relation of what was done. Now, I profess I cannot possibly approve that contempt of the Equity of the Hollandian States in their Decrees for a mutual Toleration, nor the condemnation of the Pastors and the things that followed. All which I suppose had been better prevented upon fair terms, seeing those things could not be profitable to the public and to Prince Maurice, whose safety and glory (if I mistake not) consists in the good Affection of the people, those especially, who are devoted and addicted to their Country, such as I judge them that were cast out of their Magistracy, and many thousands of the overthrown opinion. But, in all those things whereof I am accused, nothing was acted by Me on my one head, but by command both of the States of Holland, and of the Rulers of the Town of Rotterodam, to whom, and to no other man living, was I bound by my Oath. To whom therefore, when I showed my Obedience, I was a Traitor to none, but gave that respect both to the highest and to the inferior powers, which Nature and my Office did require. If any one thought he had to complain of that which I had done as the Minister of other men, He was not to proceed against me, but against my superiors. And, if I had done any thing by my own private undertaking (which is not so) yet was I not to be judged by my Adversaries, nor by Judges found of purpose against me, nor by any one who had received power of judging from the Confederate States, but by the perpetual and my proper Judges, as the Common Laws of our Country and the proper Laws of Towns (for which Laws we at first took Arms) appoint. As to my mind and intention, I testify before God and the world, it was no other, than to maintain that lawful form of Commonwealth under which I was born and bred, and to procure the unity of the Church by a loving Composure agreeable to the divine Precepts: to which end, many things I proposed, and many I had in readiness, when I was carried away to prison. Whosoever judge otherwise of my Intention, do me injury, and have no just ground of their mistake. My life hath been without stain or spot. The Rulers of Rotterodam, in the time of my Office, know what Labours I did undergo for the safety and interests of that town. The Curators of the Treasury can witness, how exactly and without favour or fear I defended the rights thereof. The Benches of the Judges in Holland have good experience of my integrity in the prosecution of offences. They that have seen me in the Assembly of the States of Holland, and in the Sessions of the Curators of that Commonwealth, can remember what pains I took, that by parsimony and improvement of the Tribute there might be a supply of Money. Nor is Prince Maurice ignorant, how I satisfied his desires in private businesses which he was pleased to commend unto my care. And, They that were together with me in the Assembly of the Confederates, are entreated to call to mind, how I omitted nothing that might conduce, to secure the Public against the enemy's force, to advance the Trade through India, and America, to continue a fair Amity and correspondence with Kings and other our Confederates and Allies. How heartily I affected the glory of our Commonwealth, and of all things done valiantly in defence of it, and peculiarly favoured the renown of Prince Maurice, my Books may testify; which I have partly divulged, and partly communicated to my friends. For these Offices, if I had expected a Reward, truly it had not been without example: but I never regarded that, being content with my salary, and the recompense of a good Name. What Return had I, after all my service? That for the space of nine months, being grievously sick, I was kept under a most straight custody, so as I could not so much as once have the comfort to see my wife or any friend: That, in the habit of a guilty person I was brought into that Auditory, wherein I had upheld the honour of Public Justice. That, being shut up afterward in one chamber, I was so closely guarded with Soldiers, that my wife sometimes had not liberty to go abroad: That those few Goods I possessed, and (if ever any man) had gotten honestly, were taken from me and my five Children. Than all which, yet, This one thing is more grievous, that the ears of my Countryman and of foreiners are filled with a false rumour, as if I had conspired and plotted against my Country; because, it is incredible to most men, that any Man of truth and honesty should be so used, as I have been. Neither is the injury confined to my person alone, but part of the odium and Calumny redounds to those that are allied to me by blood or marriage: who, as public enemies and traitors, in several places, are persecuted by evil words and deeds. Against all these things, my comfort is in God, and in a good Conscience, and in the example of very many excellent Patriots, who for no sin but for solid virtue's sake have endured the like Afflictions. Of late, there is come forth a Latin Book of an unknown Writer, who saith, that, by reason of the injuries done me, I will be in affection, if not in body, with the King of Spain. This is far from Truth. I know all desire of Revenge is forbidden Christians. To the King of Spain I am not obliged, nor do I desire to be obliged. My Body is in France: there I live; and so long as I remain there, I will be faithful and obedient to the King, as 'tis my duty. Toward my Country in the mean time, which hath special need of the King's friendship, I will preserve the same Affection I ever had, solicitous for her safety, liberty and profit, and ready to do Her service, if she can make any use of me. For which Affection I desire nothing, but that You All of what Order and degree soever (for I know, many among the Rulers too, by the cunning of others, are deprived of the true understanding of what was done in our Case) laying aside prejudices, would be pleased to judge of mine and other men's Doings, so, as you would have your own to be judged. And, to th●… purpose, I humbly beseech God to clear the eye of your mind, that you may see the Truth, and every one for his part do that which Equity requires; especially, that you may find out the way of Peace, which at this time is most necessary.  
By this Narration, the charitable Reader cannot but be well persuaded of our Author's Innocency and Patience: Virtues happily conjoined in him, and appearing also in that Epistle which he sent out of prison to his great friend Du Maurier the French Ambassador, as followeth:  

* Hugo Grotius. Ben. Aub. Maureri●…. 15. Jan. 1621. ex carcere Lupisteni.  To the most Christian King, to his most wise Council, and namely to you I acknowledge myself more indebted than can be expressed, for the labours undertaken to ease my calamities, into which I am fallen by the fate of our Commonwealth. And, although as yet the matter is come to no effect, 'tis no small refreshment to me to see so good and so great Men compassionating our sufferings. The decreed Embassy into France yieldeth now some better Hope: but, that again is abated by considering how illaffected they, who are sent thither, are to us; and how easy it is, with all sorts of calumny, to traduce those, who have their voice stopped by the walls of a prison, for this reason chiefly, that the world may not hear, what it concerns them to be concealed. Having thus long examined my Cause in the Auditory of my own Conscience (more sacred to me than all Tribunals) in the inmost recesses of my own Soul I find only this, that my constant purpose was (liberty of opinions in things disputable being preserved) to retain the Unity of the Church; a thing wanting neither old nor new examples. I never meant to innovate any thing in the Commonwealth: it was my hearty endeavour, to maintain their Right, to whom Nature hath made me a Subject, and my office a Servant, and to whom I was sworn: that Power remaining in the hand of the Confederates, and of the Prince, which hitherto they had enjoyed, being conferred on them by public suffrages. They that know the matter, easily understand this to be our only crime, that we did not act in the Commonwealth according to those Laws which they were about to constitute for their own Interest. If, upon that account, we are deprived of our Goods, Honours, Fame, this also is not without example. But the worst of all is, that, both the infirmity of my body is denied the free air, and the sadness of my mind the comfort of my friends. Yet, by God's assistance, I will endure this, and whatsoever can be imagined more cruel, rather than ask pardon of those things wherein my mind acknowledges no fault. If there be any honest way of getting liberty, I would owe it to none more willingly than to your King and Kingdom; whose infinite merits towards our Commonwealth, I always have extolled, whose friendship I have commended, whose wholesome Counsels I have defended from the calumniation of Enemies, both at liberty, and in my captivity, and the like I shall never cease to do. And, God grant I may live to transmit unto Posterity, together with those public benefits, this private one conferred on me, by some Monuments of Learning. That certainly will be to me the greatest fruit both of my life and liberty. But, if that be above our Hope, yet whatever shall be performed for me and Hogerbet (whose cause being most near to mine, I equally commend) will, among our Countrymen of the highest, midst and lowest order, be most grateful and glorious.  
I shall here mention also another Epistle 
* Translated into English, and printed, Anno 1652. , a very large one, which he wrote in Prison to the same Du Maurier, to comfort him after the death of his Wife. A rare Soul he had, who could administer such excellent consolations to Another, when his own Condition seemed to be most uncomfortable. But he had a treasure of the best Learning laid up in his memory, whence he drew as oft and as much as he pleased. That golden work, Of the truth of Christian Religion, was one of his exercises while he was a Prisoner, which he then wrote in Dutch verse for the use of his Countrymen that trade among the Infidels, and afterward put the substance of it into 
* Two Discourses out of it were printed in English, Anno 1653. 1. Of God and his Providence. 2. Of Christ and his Miracles.  Latin prose. Another fine piece he wrote likewise in Dutch verse, in the time of his Captivity, (An Institution of Children baptised) which was done too by himself afterward in 
† And is of late elegantly translated, and published both in Greek and in English.  Latin verse. I find moreover in one of his Epistles 
* Epist. 75. Maurerio, p. 176. , that in his Restraint at the Hague, before the use of his Pen was taken from him, he was come to the 49. Title of his Florilegy 
* Dicta Poetarum e Stobaeo. , which Title (saith he) contains an express character of that Time. Thus was he wont (to speak in his own phrase) tristissimum tempus fallere, to sweeten the bitter days of his Imprisonment. His happy escape out Prison by an Ingenious Device of his noble and virtuous Wife, is recorded by himself in one Of his Poems, in these Divine Verses: 

* Grot. Silva ad Franciscum Aug. Thuan.  Nos quoque si quisquam multum debere fatemur  
Conjugio. memini, post tot tua vota precesque,  
Cynthia cum nonum capto mihi volveret orbem,  
Qualem te primum, conjux fidissima, vidi  
Carceris in tenebris: lacrymas obsorperat ingens  
Vis animi, neque vel gemitu te luctus adegit  
Consentire malis. rursus nova vincula, sed quae  
Te socia leviora tuli, dum milite clausos  
Nos Mosa & tristi Vahalis circumstrepit unda.  
Hic patriam toties & inania jura vocanti,  
Et proculcatas in nostro corpore leges,  
Tu solamen eras. heic jam te viderat alter,  
Et post se media plus parte reliquerat annus,  
Cum mihi jura mei per te, sollerte reperto,  
Reddita. tu, postquam jam caeca acceperat alvus  
Dulce onus, oppositis libabas oscula claustris:  
Atque ita semoto foribus custode locuta es.  
Summe pater, rigido si non adamante futurum  
Stat tibi, sed precibus potis es gaudesque moveri,  
Hoc quod nostra fides lucem servavit in istam  
Accipe depositum, tantisque exsolve periclis.  
Conjugii testor sanctissima jura, meaeque  
Spem sobolis, non huc venio pertaesa malorum,  
Sed miserata virum: possum sine Conjuge, possum  
Quamvis dura pati. Si post exempla ferocis  
Ultima saevitiae nondum deferbuit ira,  
In me tota ruat: vivam crudele sepulcrum:  
Me premat & triplicis cingat custodia valli,  
Dum meus aetheriae satietur pastibus aura  
Grotius, & casus narret patriaeque suolque.  
Dixerat, atque oculis fugientia vela secutus,  
Addit; Abi Conjunx, neque te nisi libera cernam.  
Quod mea si auderet famam spondere Camaena,  
Acciperet quantis virtutem laudibus istam  
Posteritas? nomen non clarius illa teneret,  
Admeto regina suos quae tradidit annos,  
Quaeque super cineres jecit se arsura mariti,  
Digneque tam Bruti thalamis, quam patre Catone  
Porcia, & in letum magno comes Arria Paeto.   
Being secretly conveyed out of Prison in a Chest, he was brought to a Friends house, and so away to Antwerp, and thence to France. From Antwerp he writes to his good Friend Du Maurier, thus:  

* Grotius Mauterio. 30. Martii, 1621. Antuerpiae, Hagam.  Assure yourself, I shall ever be indebted to you for your good will, as much as if you had brought the business of my Liberty to effect. Your Affection was never the less, though God prevented you, and took unto himself the Glory of the Work. And now, the Favours you do me, and offer me, are so great, that if any could be equalled with the Good of Liberty, They might, which are of much concernment to my life, safety, and honour. I have chosen my first Refuge in this City, that I might here explore, whether it be a seasonable time for me to go into France, while the Embassy of our Countrymen, (I cannot say, of our Friends) is there. For that reason, I have written to the most honoured, the Precedent Janninus. But, what I expected from him, I find abundantly in your Letter. Wherefore, by God's blessing, I will follow your Counsel. Thither will I betake myself, and render Thanks to my good Friends, that have laboured so much to procure my Liberty. In the next Epistle (from Paris) to the same Person, he saith: 
* Grotius Maurerio. 22. Apr. 1621. Lutetiae.  I learn chiefly by you, how great is the constancy of Goodness, not swimming in the surface, but sunk into the heart. So incessant are you, in your favours and graces toward me. This I perceive by their love, whom your love chiefly hath made to be my Friends. Putean and Peiresc, so soon as they heard of my commlng, ran presently to bid me welcome, and obliged me by their extreme courtesy. The Precedent Janinus sent his Letters to me, while he supposed I stayed at Antwerp, overflowing with Kindness, and (which I esteem greatest) giving as large a Testimony of our Innocence, as could be wished. Thus kind I found Boissizius also, whom I met at his own house, where he stayed for me, being about to go to Court. By the advice of them Both, I rest at Paris, ready to follow that way for the future, which they shall think good, to whose wisdom, fidelity, and friendship, I do entirely commit myself.  
At Paris he was recompensed for his tedious restraint by the sweet conversation of his learned Friends, Tilenus, Cordesius, Petrus and Jacobus Puteanus, Franciscus Thuanus, and others of great note. Among whom he dispersed certain Epigrams concerning his fortunate escape; to One, a most eminent Person, he sends this following Epistle with them:  

* Grotius N. N. Lut. 8. Maii, 1621.  Liberty, the greatest Good of this life, and most convenient to Nature, hath this incommodity, that unwary Mortals can scarce keep a mean in the use thereof. This, I think, happened to me, when I sent abroad the Epigrams, where with I gratulated myself; as if they ought not to be Captives, when I was freed. So, they came first into the hands of my Friends, then to yours, most Eminent Sir, whose censure the most serious works may be afraid of. 'Twas much, you read them once: but your Desire is to keep them, written with my own hand. Truly, the most pleasant Flowers have but a short beauty: and things that commend themselves at first sight, if you eye them much and oft, ●…eed satiety and disdain. Yet I must ●…fill your desire, seeing without any ●…esert of mine, you have so engaged me ●…y your Humanity, that I ought rather to be immodest than disobedient. Take therefore what you ask: but take them, I pray, not as Verses, but as a testimony of the divine favour and mercy to me, that was pleased I should spring from a Chest as from the Womb, and rise again as 'twere out of my Cousin, and gave me an auspicious token of the life to come, by delivering me from the confines of a most miserable death.  
How joyfully he passed his time in France, what a concourse of learned men there was unto him, what favour he found among the Nobility and Great Officers of State, and with the King himself, from whom he had Protection, and a Pension for divers years; what correspondence he held by Letters with his absent learned Friends, Peireskius, Salmasius, and others; How he was admitted into the bosom of the Great Chancellor of Suedia, Oxenstern, and advanced to be Ambassador into France for that Kingdom; these things (that I may not retard the Press) I shall leave the Able Reader to pick out of our Author's Epistles 
* Epist. add Gallos' ex officina Elzevir. 1648. Quemadmodum autem has add Gallos' jam habes meo beneficio, si vicissim alicui, Grotianivominis, & bonarum rerum studioso, libeat, quas ad Belgas, Germanos, Suecos, Danos, Anglos, Italos, aliosque scripsit ferè infinitas, investigare, nec literatis invidere, ingens bonae frugis, & nobis plurimas ex diversis Europae oris acceptas jam possidentibus, ac ad edendas omnes paratis, gratissimus futurus est acervies. Praef. ad Lect. . Only, you shall hear him tell his Friend Peireskius 
† Vide, si placet, summi literatorum Amici, Nicolas Peireskii vitam, per Gassendum.  the news of his Advancement, in this loving manner:  

* Epist. 165. ad Nic. Fabricium Peirescium, Lut. 23. Martii, 1635.  You that have heretofore afforded compassion and faithful comforts to my Adversity, have heard of the Amendment of my Fortunes with joy, I doubt not. Though the Fame hereof hath prevented my Letter, yet I thought it was my duty to signify to One who hath merited so much of Me, and of all Learning and Learned Men, that I am sent hither, Ambassador of the Queen and Kingdom of Sueden: and so being extricated out of the discords both of my Country, and of Germany, and out of the evils of so long and ambiguous a War, I enjoy the sweetness of the French air, and of my old Friends: So that nothing is wanting to my Happiness (as in mortal life) besides the sight of your face, and the fruition of your discourse. Yet may this want partly be repaired by epistolical commerce, and partly by serene thought of the secure possession of this our friendship, etc.  
I need not tell the Reader, that hath any Acquaintance in the Commonwealth of Learning, of our Author's Controversy with Dr. Rivet: let their Books be compared: nor of his Annotations in five or six Folio's upon the whole Bible: (the largest of them, upon the Evangelists, is by our learned and judicious English Annotator 
* Dr. Hammond in his Advertisement to the Reader of his Paraphrase: The most learned and judicious Hugo Grotius, in his admirable Comments on the Gospels, as also in the posthumous Annotations on the other parts of the New Testament, which for a great part bear his signature upon them. , styled Admirable.) Nor need I reckon up other lesser pieces of our Grotius not yet mentioned, or not yet come forth into the light. As to this noble Work, out of which we have translated these large Selections, (and left enough to exercise the diligence of some better hand) the Author mentioning it to Franciscus Thuanus 
* Epist. 73. Fran. Aug. Thuano, An. 1623. , acknowledgeth the help he had from Books out of his Library. And he had need of the Aid of good Libraries, the Work being so difsused. Nor could he more freely borrow elsewhere, than from that Library, which was furnished by Thuanus the Father 
* Vide Testamentum Jac. Aug. Thuani, in come. de vita sua. , for the benefit of all Learned Men.  
How much the Author was addicted to the ways of Peace and Reconciliation, appears afore. That the Reader may see his Constancy in such Christian Endeavours, and that his example may incline our men to Moderate courses, 'twill be worth the pains to translate hither what he wrote to Joannes Duraeus, a man that laboured much to establish an union of the Evangelical Churches.  

* Grotius ad Duraum, 11. Sept. 1637. Lutetiae.  I have always wished, and will never cease to wish, that the Churches, which for most weighty causes have departed from the Pope of Rome, may come to a nearer Agreement one with the other, and may testify the same conspicuously. Nor am I ignorant, having also had some experience, how many rubs there are in the way, and difficulties, from Reasons of State, from the suspicions of Divines, from the love every one beareth to his own opinions, and the desire of advancing his own way, and of separating himself from others, and keeping a large distance under pretence of purity. But all these things ought to deter no man from effecting a most excellent work, if he be able: if he cannot effect it, certainly he may have comfort of his Conscience, and please himself in the thought of so noble an Attempt. Again to the same Duraeus. Both the Ambassadors of England 
Grotius Duraeo, Lut. 21. Nou. 1637.  think, as I also do, that these Times will not permit a General Assembly of Protestants: Times, wherein they do not enjoy so much as that common peace of humane Society: That it will therefore be best, as the Kingdom of Sueden and England are joined together in Friendship, and haply ere long will be confederate; So also that the Churches of these Kingdoms set forth a public profession of their Concord, and first give the Neighbours of Sueden, the Danes, and Norwegians, and then others too, an example for them to imitate. Such a Body of Churches being once constituted, there is hope, their Neighbours, one after another, will by degrees close with them. And this is the more to be desired by Protestants, because Many do every day forsake them, and join with the Romanists, for no other Reason, but because they are not one Body, but distracted parties, separated Congregations, having every one a peculiar Communion and Rites, and moreover striving one to disgrace the other with reproaches. That it concerns the Protestants, these things should be remedied, especially seeing so great a Conspiracy of their Adversaries against them, who doth not perceive?  
Nor was our Author zealously affected only to the peace of Protestants, but of all Christendom, witness his Via ad pacem Ecclesiasticam 
* Edit. 1642. , in the entrance whereof he hath a sweet Epigram in praise of Moderators, to this effect, Qui gaudes Batavis, etc. 
That Rotterdam Erasmus stands in Brass;  
(Yet this Reward to's worth inferior was:)  
That mild Cassander's Works are published,  
(Thanks to Cordesius) and by thee are read:  
That Nectar drops from sweet Melancthon's vein;  
Wicel and Modreve write in the same strain:  
That in Spalato's Books good Votes are seen  
For Unity: (ill lost are Two of Ten:)  
That Great Great- Britain's King hath wisely done,  
In signifying his mind by Casaubon:  
Who joy'st in all this, view with gentle look  
Our way of Reconcilement in this Book,  
Good, if not best: 'Twill please thou mayst presage,  
Though not the Present, yet the Future Age.   
Add only this passage of His out of his Answer to Dr. Rivet, where he hath words of this sense:  

* In Animadv. Gratii pro not is ad Cassandrum. De discrim. pecc.  I have always loved Peace, and do love it, and to it do I direct my labours both public and private, that we may obtain it: first, between Empires professing Christ, and then in the Church, which Christ would have to be One. And I mean Peace without injury to that Truth, which the Scripture and perpetual Tradition consign unto us. And seeing Peace, though it were made, cannot be kept without a certain Order of Government, I love also that order, which the long experience of old times hath approved. It cannot be, but the Lovers of these things, must incur the hatred of them that seek advantage by wars and discords, such as our Age abounds with. Such enemies of Peace I well foresaw would rise up against Me and my endeavour of Peace. I easily suffer it, and comfort myself with the Conscience of my good Design. For the promoting whereof I have said that, which seemed to me most profitable, according to the measure of my understanding and Reading, with some Regard also to the times wherein we live. To the order of Government here named pertains what he speaks elsewhere: 
* Animadvers. ●…it. de caelibatu Sacerdotum.  For, if the perpetual Custom of the Universal Church, introduced (as we may believe, and the Ancients did believe) by the Apostles themselves, be of any value, neither can a Presbyter be ordained but by a Bishop, nor a Bishop but by two or more Bishops. The Contempt of this Holy Order hath brought in so much Licence, that whosoever can lead the common people by the ears, maketh to himself a right of gathering a new Church 
† Novum coetum, & ut nunc loqui mos est, Ecclesiam Colligere, Mihi, etiamsi liceret, non liberet. Video quam male id aliis cesserit. Multiplicarunt numerum, non laetitiam. Grotius in Voto p. 40. .  
Here shall I insert that Elegy of our Grotius which I received from a learned man * that had the honour to be 
† Mr. M. T. Chaplain to the (then) English Ambassador, the truly Noble L. Scudamore.  acquainted with him in France. He was a Man wonderfully courteous and affable, very free in communicating his knowledge in any point of learning, very ready to give his advice touching any course of study, what Authors were fittest to be read. His Latin in his discourse was altogether such as we see in his Books, ready, fluent, easy and unaffected: so that I verily think, no man ever spoke more fluently in his Mother tongue. He was a most indefatigable Student, and a man of a singular ready memory, and clearness of judgement: A great Lover of the Union and Peace of the Church 
* See the beginning of his Votum pro pace. , an Approver of the Church of England 
* See, of Authority, p. 103. , as most orderly reform. He was of a most sweet Christian disposition, far from any thought of revenge for any Injury. One time coming from an Audience at S. Germane, the Secretary of Ceremonies being in the Coach with him, it chanced that in one place a great number of people were in the way seeing an execution. His Coachman and Postilion driving boldly through the company, the Archers, which use to attend executions with short pieces, being angry to see the execution disturbed, made after the Coach, shot his Postilion and Coachman, and through the Coach, even through his Hat: And the King offering to hang three or four of them at his gate, if he pleased, he pardoned them All. In his Journey between France and Sueden he died, putting off Ministers that came to him with, Non novi vos, as they say.  
But, how little of probability there is in that saying, or any such like, may appear by this Narrative of his Death, which I have translated out of Dr. Casaubon, 
* Mericus Casaub. de usu ve borum, Lond. 1647.  as followeth:  
Because we desire the Memory of this Great Man should be dear to all Lovers of Virtue and Learning, according to his most High Deserts toward the Commonwealth of Good Letters, I have easily obtained of Myself, to insert here, and to communicate to the candid and ingenuous Reader, what hath come unto my hands by the help and favour of some Friends, concerning the End of so excellent a Person, in a Letter of Quistorpius, the primary Professor of Theology at Rostoch, set forth at Amsterdam.  

* J. Quistorpii Epistola. Rostoch. Sept. 1645.  You are earnest with me, to relate the last act of that Phoenix of learned men Hugo Grotius, and how he behaved himself, when he took his leave of this world. Here take it, briefly thus. He took ship at Stockholm, bound for Lubec. At Sea he met with a great Storm, and having been beaten with it, and tossed for the space of three days, he suffers Shipwreck, and is cast upon the shore of Cassubia sick and weak: Thence, in a very incommodious Journey, and a rainy season, passing sixty miles and more, he is brought at length to Rostoch. He diverts to Balemannia, and sends for Dr. Stochman the Physician; who observing the weakness of his body, by reason of age, shipwreck, and the incommodities of the journey, presageth the end of his life to be at hand. The next day after his entrance into this City (which in the old style was the XVIII. of August) about IX. at night he requesteth me to visit him. I came, and found the Man approaching near to the agony of death: I saluted him, and signified how happy I should have been to have had conference with him, had he been in health. His answer was, Ita Deo visum fuit: Thus it hath pleased God. I go on, and advise him to compose himself to a happy departure, to acknowledge himself a sinner, and repent of whatsoever he had done amiss: and when, as we discoursed, I had mentioned the Publican confessing himself a sinner, and praying God to be merciful unto him, He answers; Ego ille sum Publicanus: I am that Publican. I proceed, and remit him to Christ, without whom there is no salvation. He replies: In solo Christo omnis spes mea est reposita: In Christ alone is placed all my Hope. I rehearsed with a loud voice that Germane Prayer in the Germane tongue, Horr Jesus, wahrer Mensch und Gott, etc. He, with closed hands and a low voice said after me. When I had done, I asked whether he had understood me: He answers, Probe intellexi: I understand you well. Afterward, I repeated some passages out of the Word of God, which dying men are wont to be put in mind of, and I ask again, whether he understood me: I hear your voice, saith he, but hardly understand what you say. Then he became speechless, and in a short time after gave up the Ghost, just at twelve, midnight. Thus have you the Catastrophe of Grotius, the last end of this excellent Man's Life. His dead Body was committed to the Physicians. His Bowels were put in a Vessel of Brass, and that they might be laid up in the most honourable place of our principal Church dedicated to the Virgin Mary, I easily obtained of the Governors. Let him rest in Peace.  
I have received from a good hand, that our Author, a little before his death, declared his Affection to the Church of England, and his Desire to end his days in the Communion of the same.  
These Collections put together in some haste (till One more Able arise to do honour to this Great Man's Memory) be pleased, Gentle Reader, favourably to accept from the Translator,  Clement Barksdale. 
THE END.   

ERRATA.  
PAg. 1. lin. 1. * State. p. 6. l. 3: are often, l. 4. deal *. pag. 94. l. 6. was included in. p. 400. CXIII. and so restore the following numbers. p. 448. l. ult. joining.   

SCRIPTURES EXPLAINED.  

Ps. 19 Rom. 7. LAw pure and holy. 10  
Gen. 14. 20. Blessed be the most high God. 15  
Deut. 20. 10. Laws of waging war. 16  
Gen. 9 5, 6. And surely your blood. 1●  
Gen. 4. 14. Whosoever findeth me. 1●  
Matth. 5. It hath been said to them of old. 23  
Leu. 19 18. Thou shalt hate thine enemy. 23. 329.  
Leu. 24. 20. An eye for an eye. 23  
Rom. 3. 27. Law of works. 24  
Rom. 7. 14. Spiritual Law. 24  
1 Tim. 2. 1. Prayers for Kings and for all. 25  
Rom. 13. 4. He is the Minister of God. 26. 27. 47.  
Psal. 2. Kiss the son. 26  
Act. 26. King Agrippa. 28  
Lu. 3. 14. Be content with your wages. 29  
Mat. 4. 17. Kingdom of heaven. 29  
Mat. 11. 13. The Law continued unto John. 30  
Mat. 5. 17. Not to dissolve the Law. 32  
Act. 13. Sergius Paulus. 34  
Rom. 13. Tribute to whom tribute. 35  
Act. 25. 11. I refuse not to die. 35  
Phil. 4. 8. Whatsoever things are honest. 36  
Eph. 2. 14. Partition wall. 36  
Esay 2. 4. Swords into Plowshares. 37  
Mat. 5. 38. Turn the other cheek. 39  
Mat. 5. 39 If any man will sue thee. 39  
Mat. 5. 44. Love your enemies. 43  
Rom. 12. 17. Recompense to no man evil. 46. 73  
2 Cor. 10. 4. Weapons of our warfare not carnal. 48  
Eph. 6. 21. We wrestle not against flesh and blood. 49  
Jam. 4. 1. From whence came Wars. 49  
Exod. 22. 2. If a thief be found. 68  
Mat. 26. 52. Put up thy sword. 69. 74  
Lu. 22. 36. Buy a sword. 72  
Joh. 18. 8. Suffer these to go away. 73  
Deut. 17. 14. I will set a King over me. 91  
Jer. 25. 12. God judgeth Kings. 96  
2 Sam. 24. 17. What have the people done? 98  
Dan. 6. 8. Laws unchangeable. 113  
Psal. 72. 1. Judges Gods. 119  
1 Sam. 8. 11. King's right. 138  
Rom. 13. 2. Whosoever resisteth. 139  
1 Pet. 2. To the King as supreme. 148  
1 Sam. 15. 30. Duty of Peers. 148  
1 Pet. 2. 13. Human ordinance. 151  
1 Sam. 22. 2. David's armed men. 152  
1 Sam. 26. 9 No man can lay hands. 154  
1 Pet. 4. 13. Suffer as Christians. 156  
Mat. 10. 39 He that loseth his life. 161  
2 Chron. 23. Athalia dethroned. 167  
Jud. 3. 15. The Fact of Ehud. 169  
2 King. 9 Jehu's fact. 170  
Matt. 22. 20. Tribute to Caesar. 170  
2 King. 18. 7. Ezechia submits. 197  
Gen. 1. 29. Man's right. 198  
Gen. 13. & 21. Wells proper. 202  
Heb. 6. 18. Impossible for God to deceive. 224  
Jona. 4. 1. God reputes. 225  
Josh. 9 Joshua's Oath. 226  
Matt. 15. 5. Korban. ●…0. 233  
1 Tim. 5. 3. To honour: to 〈◊〉 231  
Gen. 42. 15. By the life of Pharaoh. 233  
Mat. 23. 21. He that sweareth by the Temple. ibid.  
Ezech. 17. 12. Oath to the Babylonian. 236  
Psal. 15. Having sworn to his hurt. 238  
Mat. 5. 34. Swear not at all. 242  
2 Cor. 1. 20. Yea and Amen. 243  
Deut. 23. 7. League with Idolaters. 247  
Deut. 22. 1. The Jews neighbour. ibid.  
2 Chro. 16. 2. Ahazia did wickedly. 251  
2 Sam. 24. David's muster. ibid.  
Mat. 5. 45. He maketh his sun. 252  
2 Cor. 6. 14. What concord hath Christ? 253  
1 Cor. 10. 21. Ye cannot be partakers. 245  
Mat. 6. 33. First seek the Kingdom. 255  
1 Cor. 12. 18. Members of one body. 256  
2 King. 18. Rabshake's message. 279  
Num. 25. 4. Hanged on a tree. 303  
1 Sam. 31. 4. Saul's death. 307  
Joh. 8. 7. Whosoever of you is without sin. 311  
Proverb. God made all things for himself. 313  
Mar. 14. 21. It had been better. 319  
1 Joh. 5. 16. Sin unto death. 320  
Numb. 25. Phine as zeal. 327  
Mat. 5. 44. Do good to enemies. 329  
Mat. 6. 14. Forgive all. 331  
Heb. 2. 23. Sins against the Gospel. 334  
1 Cor. 11. 3. Self-punishment. ibid.  
Matth. 7. 1. Judge not. 338  
Lu. 23. 34. Pather forgive them. 349  
Mar. 10. 19 Defraud not. 352  
Heb. 11. 6. He that cometh to God. 365  
Lu. 14. 23. Compel them to come in. 372  
Gal. 4. 29. Persecuted him. 378  
1 King. 14. Children of Saul. 402  
Deut. 24. 16. Not put to death children. 404  
1 Cor. 5. 12. Those that are without. 417  
Rom. 5. 6. Christ died for enemies. 435  
Jer. 27. 13. Serve the Babylonians. 445  
1 Cor. 9 7. Who goeth to war. 462  
Act. 5. 9 Obey God rather. 463  
Deut. 17. The witnesses stone. 470  
Matt. 13. 29. Suffer the tares. 479  
Lu. 24. 28. He made as though. 488  
Act. 16. 3. Paul circumcised Timothy. ibid.  
Jos. 8. Feigned flight. 489  
Col. 3. 9 Lie not one to another. 490  
Mat. 12. 36. Vain speech forbidden. 504  
Deut. 2. 24. Children and women slain. 540  
Deut. 7. 5. Abolish Idols. 555  
Deut. 20. 14. Spoil of enemies. 559  
Deut. 23. 15. Refuge for servants. 570  
Esay 58. 5. Restitution. 578  
Deut. 20. 14. Children and women spared. 589  
2 King. 6. 22. Wouldst thou smite? 595  
2 King. 3. 19 Trees of the Moabites cut up. 607  
Coll. 4. 1. Masters, give unto your servants that which is just. 623  
Ephes. 6. To forbear threatening. ibid.  
Exod. 21. 26. 27. Liberty due to a servant for a tooth injuriously struck-out. 625  
Exod. 23. 12. Work to be exacted of servants moderately. ibid.  
Deut. 15. 13. Servants after a certain time to be manumitted, and not without gifts. 628  
Gen. 14. 16. He brought back all the goods. 643  
Gen. 14. 21. Give me the Persons, and take the goods to thyself. ibid.  
Luke 3. 14. Do violence to no man. 645  
Rom. 12. 18. As far as is possible, and as much as in us lieth, we must have peace with all men. 659    

An Alphabetical Table of the principal Matters.  

A  
ABsolute Kings. 113  
Absolution. 241  
Accusations. 338  
Acquisition. 558  
Accidents of War. 442  
Acts internal. 340  
Admonitions. 434. 575  
Adherents. 526  
Adjutors. 170  
Agreements. 269  
Agrippa. 28  
Aid. 257  
Alienation. 105. 109  
Aliens. 246  
Amalekites. 23  
Ambition. 422  
Antiens. 56  
Antonius. 82  
App●…ehension. 513  
Apostolical Canons. 63  
Apostates. 62  
Arguments from Moses Law. 10  
Army. 106 Arms. 171  
Arms of Subject. 472  
Arians. 377  
Arbitrators. 429  
Assignation. 205  
Associates. 131  
Authority. 77. 92  
Authors. 82   

B  
BArclaius. 151  
Barbarians. 255. 356. 414  
Benefit. 421  
Benignity. 41  
Bishops. 60  
Brasidas. 263  
Burial. 293   

C  
Cause's of War. 173. 407  
Cauchi commended. 412  
Carolus Molinaeus. 187  
Cain. 18  
Capital punishments. 30  
Caius Caesar. 80  
Carthage. 269  
Campanians. 88  
Captives. 541. 567. 594  
Charity. 453. 478  
Christ. 46  
Christ's actions. 75  
Christ's Precepts. 24  
Christ against swearing. 242  
Christ's Kingdom. 418  
Christian goodness. 60  
Christian Religion. 370  
Christian Soldier. 65  
Church-Empire. 417  
Chief of a league. 129  
Children. 404. 589  
Chastity. 181  
Civil power. 83  
Cities given. 107  
Civil War. 277  
Clients. 125  
Clemency. 346. 438  
Clergy. 63  
Commonwealth. 141  
Communion. 199  
Compromise. 428  
Community. 394  
Communication. 396  
Conversion of the Jews. 38  
Contumely. 42  
Constantine. 58  
Conjecture. 262  
Contracts. 292  
Controversies. 127  
Confederates. 127. 257 455  
Conference. 427  
Cornelius. 33  
Courts of justice. 67  
Covarruvias. 186  
Crimes. 35  
Cunning. 484   

D  
DAnger 80. 210  
David. 152  
Damages. 274  
Defense private. 70  
Defensive Arms. 152. 177 196  
Desert places. 218  
Dead. 300  
Delinquent. 318  
Desertors. 340  
Deceit. 491  
Debts. 511  
Denouncing of War. 527  
Divorce. 41  
Dictator's. 93  
Division of supreme power. 115  
Disgrace. 185  
Distinctions. 263  
Dissimulation. 485  
Dominion. 198  
Doubts. 423  
Duty. 65  
Duel. 195  
Due. 421   

E  
EAster. 60  
Edessa. 28  
Effects. 534  
Efficients. 170  
Election. 101  
Empire. 29  
Empire of One. 89  
Empire over the Conquered. 572  
Ambassadors. 280  
Embassages. 276  
Emperor universal. 415  
Ends of punishment. 312  
Enemies. 301. 480  
Equity. 78  
Errors in Religion. 375  
Evangelical Law. 44. 192 252. 328.  
Evils of War. 449  
Examples of ancient Christians. 144   

F  
Father's. 50  
False Gods. 234  
Faith. 245  
Fals-speaking. 497  
Feudal obligation. 132  
Fear. 196. 411  
Fights needless. 601  
Force. 67. 162  
Form of Government. 87  
Foreiners. 277  
Fraud. 505  
Friends. 455  
Fruit-trees. 606  
Fugitive. 508  
Fullness of Power. 109   

G  
GArrison. 543  
Giving. 73  
God. 45. 362  
Gods mercy. 334  
Gods right. 69. 479  
Goods defended. 188  
Goods taken. 562  
Goods of Subjects. 509  
Gospel-Law. 22  
Government. 95. 140  
Guile. 483, 484  
Guardian. 40. 96   

H  
HAbitation. 218  
Hebrew— Common— wealth. 32  
Hebrew-Law. 8. 10. 246  
Hebrew Kings. 118  
Heir 238  
Herald. 285  
Hercules. 353  
Heretics. 375  
History Ecclesiastical. 58  
Highest Powers. 77. 85  
Hostages. 542. 601  
Human infirmity. 342  
Husbandmen spared. 589   

I  
Jest. 501  
jews. 153  
jewish soldiers. 29  
Ignorance. 357  
Impunity. 193. 339. 535  
Impost. 215  
Injury. 39 177  
Inferior powers. 79. 147  
Invader. 165  
Instruments. 171  
Infidels. 253  
Interpretation. 259  
Informer. 338  
Ingratitude. 343  
Innocent person. 451  
Infants. 538  
John Baptist. 29  
Joshua's Oath. 226  
Joseph. 500  
Irreligion punished. 367. 379  
Justice. 31. 174. 576  
Judicial Law. 31  
Julianus Imp. 65  
Judge. 67. 338  
Judgements. 323  
Judgement. 424  
Just on both sides. 432   

K  
Kill. 74. 166. 185 430. 581  
King. 89. 91  
Kings subject to God, 96. 119  
Kings person sacred. 154  
Kings right. 138  
King expelled. 272  
Kingdoms given. 109   

L  
LAw. 2. 141  
Law natural. 2. 214 352  
Law of Nations. 5. 320 516. 562  
Law Evangelical. 328  
Law Mosaical. 8. 333  
Law human. 6  
Law divine. 7  
Law Civil. 193. 206. 516  
Law of war. 561  
Lawful. 531  
Lamech. 19  
Lands taken. 562  
Land new found. 413  
Leagues. 246, 247  
Life. 69. 71  
Liberty. 444  
Liberty personal, civil. 104  
Love of enemies. 43  
Lots. 430  
Lye. 486, 487   

M  
MAgistrate. 77. 79  
Majesty. 103  
Maccabees. 152  
Matrimony. 245  
Malefactors. 302  
Ma●…chees. 377  
Member. 181  
Merchandise. 215  
Messias. 30  
Military orders. 53  
Military Oath. 59  
Mixed government. 117. 121  
Moderation. 581. 604  
Moses. 20  
Monuments. 296  
Mutual subjection. 98  
Murderers. 547  
Multitude spared. 601   

N  
NAvigation. 217  
Necessity. 78. 149 207. 448. 476  
Neighbour. 44  
Neighbour's power. 197  
Nicene Council. 60  
Notions. 363   

O  
OAth of Kings. 113  
Oaths. 220. 504  
Obedience. 143. 157. 467  
Obligation. 32. 239  
Obstinate resistance. 599  
Occupation. 205  
Offences. 350  
Offences against God. 358  
Offenders yielded up. 385  
Old men spared. 589  
Opinion. 379  
Ordinance. 27   

P  
PAul. 34  
Patience. 40. 156  
Pardon. 45. 344 436  
Parents. 143  
Passage. 212  
Pay. 261  
Partakers. 380. 392  
Permissions. 32  
Penitents. 63  
Peace. 444. 448  
Peace of the Church. 65  
Peril. 71  
Peter. 74. 498  
People. 86. 93. 98  
Perfidious. 238  
Penal Law. 344  
Persecution. 373  
Piety. 368  
Pity. 331  
Powers. 47  
Possession. 170  
Poison. 544. 545  
Progress in infinitum. 96  
Principality. 100  
Princes. 101  
Propriety, 102. 198  
Precarious right. 103  
Protectorship. 110  
Protection. 126  
Promise of Rulers. 112  
Promising words. 504  
Principles of religion. 362  
Providence. 365  
Prophecies. 420  
Prest-soldiers. 463. 471  
Proclaiming of war. 522  
Prey. 560  
Public person. 183  
Punishment. 309. 400  
Pirate. 236   

Q  
QUarrel. 180   

R  
RAvishing. 551  
Revenge. 39 69. 73. 314  
Retaliation. 42. 289. 598  
Resistance. 73. 139. 162  
Recuperators. 127  
Religion. 157. 360  
Restitution. 197. 210  
Reward. 273  
Reprizals. 414  
Repentance. 331. 335  
Relaxation of Law. 349  
Receivers. 384  
Remission of punishment. 438  
Rituals. 32  
Right. 134. 477  
River. 211  
Right remitted. 434  
Royal family. 85  
Robbers. 274  
Romans. 357  
Ruler. 142. 155  
Rules of interpretation. 264  
Rules of prudence. 442   

S  
SAnctuary. 60  
Saguntines. 81. 266  
Sanedrin. 119  
Sacrilege. 304. 403  
Satisfaction. 325  
Sacred things. 554  
Scripture. 375  
Scythians. 244  
Sergius Paulus. 28. 34  
Scholars spared. 589  
Servants. 88  
Self defence. 17. 182. 195  
Sea common. 204  
Sense of an oath. 223  
Servitude. 414  
Sepulchers. 557  
Ships of enemies. 564  
Single combat. 194  
Simplicity. 199. 200  
Simulation. 486  
Solemn war. 76  
Soldier resisting. 137  
Society. 151  
solomon's proverbs. 252  
Soldiers of fortune. 461  
Spoil 553. 559  
Spies. 448  
Speech. 492  
Strangers. 537  
States. 90  
Stronger. 447  
Suit. 39  
Subjection. 47. 86. 143. 156  
Subjects profit. 96  
Subjects War. 135  
Succession. 101  
Superiors. 136. 240  
Suppliants. 388. 596  
Supremacy. 137  
Sufferance. 382  
Surety. 398  
Succour. 458  
Supply. 480  
Sword. 26. 72  
Swearing. 234   

T  
TEmperament. 581. 604  
Tertullian. 51. 157  
Temporary right. 102  
Terror. 599  
Theseus. 294  
Thebaean Legion. 65. 158  
Thief. 68 189  
Tithe. 558  
Tribute. 35. 132  
Trajan's saying. 149  
Traitors. 166. 304. 508  
Truth. 490  
Tutor. 40. 96  
Turks. 256  
Tyranny. 95  
Tyrant. 237   

V  
VAlour. 59 505  
Valentian's answer. 94  
Vengeance. 47  
Unequal league. 123  
Voluntary Law. 6. 7  
Usufructuary. 102  
Usurper. 169   

W  
WAr. 1  
War private. 66  
War public. 76  
War for punishment. 350  
War for religion. 270  
War without cause. 409  
War doubtful. 426  
War declined. 440. 448  
War for others. 451. 457  
War solemn. 76. 518  
Waste. 553. 604  
War unjust. 575  
Words of Art. 261  
Women. 316. 538. 551. 589   

X  
XEnophon's Cyrus. 41   

Y.  
YEa, yea. 242   

Z  
ZEal. 327   
THE END.   

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