VERA EFFIGIES REVERENDI DO NI JOSEPHI HALL NORWICI EPISCOPI   

This Picture represents the Form, where dwells  
A Mind, which nothing but that Mind excels  
There's Wisdom, Learning, Wit; there Grace & Love  
〈…〉 all the rest: enough to prove  
〈◊〉 the froward Conscience of this Time  
The Reverend Name of BISHOP is no Crime    

RESOLUTIONS AND DECISIONS 〈…〉 of CONSCIENCE In continual Use amongst Men, Very necessary for their Information and Direction in these evil Times. In four Decades. The Second Edition, with some ADDITIONALLS.  
By Jos: HALL., B. Norwich.  
LONDON, Printed for N. B. and are to be sold by R. Royston at the Angel in Ivy-lane. 1650.   

To the READER.  
OF all Divinity that part is most useful, which determines cases of Conscience; and of all cases of Conscience the Practical are most necessary; as action is of more concernment than speculation: And of all practical Cases those which are of most common use are of so much greater necessity & benefit to be resolved, as the errors thereof are more universal; and therefore more prejudicial to the society of mankind: These I have selected out of many; and having turned over divers Casuists have pitched upon those Decisions, which I hold most conformable to enlightened reason, and religion: sometimes I follow them, & sometimes I leave them for a better Guide.  
In the handling of all which, would I have affected that course which Seneca blames in his Albutius, to say all that might be spoken, I could easily have been more Voluminous, though perhaps not more satisfactory. If these lines meet with different judgements; I cannot blame either myself, or them. It is the opinion of some Schoolmen (which seems to be made good by that instance in the Prophet Daniel 
* Dan. 10. 13. 20, 21. 12. 1. ) that even the good Angels themselves may holily vary in the way, though they perfectly meet in the end: It is far from my thoughts to obtrude these my Resolutions as peremptory, and magisterial upon my Readers, I only tender them submissly, as probable advices to the simpler sort of Christians; & as matter of grave censure to the learned.  
May that infinite Goodness to whose only glory I humbly desire to devote myself and all my poor endeavours, make them as beneficial, as they are wel-meant to the good of his Church, by the unworthiest of his Servants  
Higham near Norwich, March 29. 1650. I. H. B. N.   


The CONTENTS of the first Decade.  
Cases of Profit and Traffic.  

I. WHether it be lawful for me to raise any profit by the loan of Mony. p. 1  
II. Whether may I not sell my wares as dear as I can, and get what I may of every Buyer? 13  
III. Whether is the Seller bound to make known to the Buyer the faults of that which he is about to sell? 19  
IU. Whether may I sell my commodities the dearer for giving days of payment? 24  
V. Whether and how far Monopolies are, or may be lawful? 30  
VI Whether and how far doth a fraudulent bargain bind me to performance? 38  
VII. How far and when am I bound to make restitution of another man's goods remaining in my hands? 47  
VIII. Whether and how far doth a promise extorted by fear, though seconded by an oath, bind my Conscience to performance? 54  
IX. Whether those moneys, or goods which I have found may be safely taken, and kept by me to my own use? 61  
X. Whether I may lawfully buy those goods, which I shall strongly suspect, or know to be stolen, or plundered; or if I have ignorantly bought such goods, whether I may lawfully (after knowledge of their Owner) keep them as mine? 66    

The CONTENTS of the second Decade.  
Cases of Life and Liberty.  

I. WHether and in what cases it may be lawful for a man to take away the life of another. p. 71  
II. Whether may I lawfully make use of a Duel for the deciding of my right; or the vindication of my honour? 81  
III. Whether may it be lawful in case of extremity to procure the abortion of the Child for the preservation of the Mother? 89  
IU. Whether a man adjudged to perpetual imprisonment, or death, may in conscience endeavour, and practise an escape? 101  
V. Whether and how far a man may be urged to an Oath. 108  
VI. Whether a Judge may upon allegations, proofs and evidences of others, condemn a man to death, whom he himself certainly knows to be innocent? 117  
VII. Whether and in what cases am I bound to be an accuser of another? 129  
VIII. Whether a Prisoner indicted of a felonious act which he hath committed; and interrogated by the Judge concerning the same, may stand upon the denial, and pled not guilty? 136  
IX. Whether and how far a man may take up arms in the public quarrel of a war? 143  
X. Whether and how far a man may act towards his own death? 150    

The CONTENTS of the third Decade.  
Cases of Piety and Religion.  

I. WHether upon the appearance of evil Spirits, we may hold discourse with them, and how we may demean ourselves concerning them. 161  
II. How far a secret pact with evil Spirits doth extend; and what actions and events must be referred thereunto. 174  
III. Whether reserving my conscience to myself, I may be present at an Idolatrous devotion; or whether in the lawful service of God I may communicate with wicked persons? 183  
IU. Whether vows be not out of fashion now under the Gospel; of what things they may be made; how far they oblige us: and whether and how far they may be capable of a release. 192  
V. Whom may we justly hold an Heretic; and what is to be done in case of Heresy. 201  
VI. Whether the laws of men do bind the conscience; and how far we are tied to their obedience. 210  
VII. Whether Tithes be lawful maintenance for Ministers under the Gospel; and whether men be bound to pay them accordingly. 219  
VIII. Whether it be lawful for Christians, where they find a Country possessed by Savage Pagans' and Infidels, to drive out the native Inhabitants, and to seize upon and enjoy their lands upon any pretence whatsoever; and upon what grounds it may be lawful so to do. 233  
IX. Whether I need in case of some foul sin committed by me to have recourse to God's Minister for absolution; and what effect I may expect therefrom. 249  
X. Whether it be lawful for a man that is not a professed Divine, that is (as we for distinction are wont to call him) for a mere Laic person, to take upon him to interpret Scripture. 262    

The CONTENTS of the fourth Decade.  
Cases Matrimonial.  

I. WHether the Marriage of a Son or Daughter, without or against the Consent of Parents, may be accounted lawful. 285  
II. Whether marriage lawfully made may admit of any cause of Divorce, save only for the violation of the Marriagebed by fornication, or adultery. 296  
III. Whether after a lawful Divorce for adultery, the innocent party may marry again. 311  
IU. Whether the authority of a Father may reach so far as to command or compel the Child to dispose of himself in marriage where he shall appoint. 322  
V. Whether the marriage of Cousensgerman, that is, of Brothers and Sisters children, be lawful. 331  
VI. Whether it be necessary or requisite there should be a witnessed contract, or Espousalls of the Parties to be married, before the solemnisation of the marriage. 343  
VII. Whether there ought to be a prohibition, and forbearance of marriages, and marriage-duties for some times appointed. 353  
VIII. Whether it be necessary that marriages should be celebrated by a Minister; and whether they may be valid, and lawful without him. 361  
IX. Whether there be any necessity or use of thrice publishing the Contract of marriage in the Congregation before the celebration of it; and whether it be fit, that any Dispensation should be granted for the forbearance of it. 366  
X. Whether Marriages once made, may be annulled, and utterly voided; and in what cases this may be done? 372   

ADDITIONALS to the fourth Decade.  
I. WHether a Marriage consummate betwixt the Uncle and Niece be so utterly unlawful, as to merit a sentence of present separation. 383  
II. Whether it be lawful for a man to marry his Wives Brothers Widow. 406  
III. Whether an incestuous Marriage contracted in simplicity of heart betwixt two Persons ignorant of such a defilement, and so far consummate as that Children are borne in that wedlock, aught to be made known and prosecuted to a dissolution. 412.     

I Have perused these four Decades of Practical Cases of Conscience with much satisfaction and delight, and find them to be in respect of their subject matter so profitable, necessary and daily useful; and so piously, learnedly and judiciously discussed and resolved, that they seem unto me best though they come last, (like the Wine in the marriage feast made sacred by Christ's divine presence and miracle) and therefore do well deserve (amongst many other the divine dishes and delicacies wherewith this right reverend, pious and learned Author, hath plentuously furnished a feast for the spiritual nourishment and comfortable refreshing of God's guests) both the approbation and commendation of all, and myself amongst the rest, though unworthy to pass my censure on such a subject.  
John Downame.   

RESOLUTIONS. The first Decade. Cases of Profit and Traffic.  

CASE I  
Whether is it lawful for me to raise any profit by the loan of money?  
YOu may not expect a positive answer either way: Many circumstances are considerable ere any thing can be determined.  
First, Who is it that borrows? A poor neighbour that is constrained out of need? or a Merchant that takes up money for a freer trade? or a rich man that lays it out upon superfluous occasions?  
If a poor man borrow out of necessity, you may not expect any profit for the loan: (Deuteronomy 15. 7, 8, 9) To the poorest of all we must give, and not lend: to the next rank of poor we must lend freely: but if a man will borrow that money (which you could improve) for the enriching of himself; or out of a wanton expense will be laying out that which might be otherwise useful to you, for his mere pleasure, the case is different; For God hath not commanded you to love any man more than yourself; and there can be no reason why you should veil your own just advantage to another man's excess.  
Secondly, upon what terms do you lend? whether upon an absolute compact for a set increment, (what ever become of the principal) or upon a friendly trust to a voluntary satisfaction according to the good improvement of the sum lent? The former is not safe, and where there hath been an honest endeavour of a just benefit disappointed either by unavoidable casualty, or force, may not be rigorously urged, without manifest oppression. The latter can be no other than lawful: and with those that are truly faithful and conscionable, the bond of gratitude is no less strong than that of law and justice.  
Thirdly, if upon an absolute compact; is it upon a certainty, or an adventure? for where you are willing to hazard the principal, there can be no reason but you should expect to take part of the advantage.  
Fourthly, where the trade is ordinarily certain, there are yet farther considerations to be had: to which shall make way by these undeniable grounds.  
That the value of moneys or other commodities is arbitrable according to the sovereign authority and use of several Kingdoms and Countries.  
That whatsoever commodity is saleable, is capable of a profit in the loan of it; as an horse, or an ox, being that it may be sold, may be let out for profit.  
Money itself is not only the price of all commodities in all civil Nations, but it is also, in some cases, a trafiqueable commodity: the price whereof rises, and falls in several countries upon occasion; and yieldeth either profit or loss in the exchange.  
There can be no doubt therefore but that money thus considered, and as it were turned merchandise, may be bought and sold, and improved to a just profit.  
But the main doubt is, whether money merely cousidered as the price of all other commodities, may be let forth for profit; and be capable of a warrantable increase. For the resolving whereof be it determined,  
That all usury, which is an absolute contract for the mere loan of money, is unlawful both by law natural, and positive, both divine and human.  
Nature teacheth us that metals are not a thing capable of a superfoetation; that no man ought to set a price on that which is not his own time: that the use of the stock once received, is not the lender's, but the borrowers; for the power, and right of disposing the principal, is by contract transferred for the time to the hands of him that receives it; so as he that takes the interest by virtue of such transaction, doth but in a mannerly and legal fashion rob the borrower.  
How frequent the 
* Exod. 22. 25. Levit. 25. 36, 37. Deut. 23. 19, 20. Nehem. 5. 7. Psal. 15. 5. Prov. 28. 8. Ezek. 18. 8.  Scripture is in the prohibition of this practice, no Christian can be ignorant: And as for human laws raised even from the mere light of Nature amongst Heathen Nations, how odious, and severely interdicted usurary contracts, have been in all times, it appears sufficiently by the Records which we have of the Decrees of 
a Vid. Alexand. ab Alexand. Gen. dierum l. 1. c. 7.  Egypt, of Athens, of Rome; and not only by the restraint of the Twelve Tables, and of Claudius and Vespasian; but by the absolute forbiddance of many popular statutes condemning this usage: Tiberius himself, though otherwise wicked enough, yet would rather furnish the Banks with his own stock, to be freely let out for three years to the Citizens, upon only security of the sum doubled in the forfeiture, than he would endure this griping & oppressive transaction: And how wise Cato drove out all usurers out of Sicily, and Lucullus freed all Asia from this pressure of Interest, History hath sufficiently recorded.  
As for Laws Ecclesiastical, let it be enough that a 
* Concil. Viennens.  Council hath defined, that to say usury is not a sin, is no better than heresy: and in succeeding times how liable the usurer hath ever been to the highest censures of the Church; and how excluded from the favour of Christian burial, is more manifest then to need any proof.  
Secondly, however it is unlawful to convenant for a certain profit for the mere loan of money, yet there may be, and are circumstances appending to the loan, which may admit of some benefit to be lawfully made by the lender for the use of his money; and especially these two; the loss that he sustains, and the gain that he misses, by the want of the sum lent: For what reason can there be, that to pleasure another man, I should hurt myself, that I should enrich another by my own loss?  
If then I shall incur a real loss or forfeiture by the delayed payment of the sum lent, I may justly look for a satisfaction from the borrower; yea if there be a true danger of loss to me imminent, when the transaction is made, nothing hinders but that I may by compact make sure such a sum as may be sufficient for my indemnity; And if I see an opportunity of an apparent profit that I could make fairly by the disbursing of such a sum bonafide, and another that hath a more gainful bargain in chase shall sue to me to borrow my money out of my hand for his own greater advantage, there can be no reason why in such a case I should have more respect to his profit, than my own; and why should I not even upon pact, secure unto myself such a moderate sum as may be somewhat answerable to the gain which I do willingly forgo, for his greater profit? Since it is a true ground which Lessius (with other Casuists) maintains against Sotus and Durand, that even our hopes of an evident commodity are valuable; and that no less than the fears of our loss.  
Shortly, for the guidance of our either caution, or liberty in matter of borrowing, and lending, the only Cynosure is our Charity; for in all human and civil acts of Commerce, it is a sure rule, That whatsoever is not a violation of Charity cannot be unlawful, and whatsoever is not agreeable to Charity can be no other than sinful: And as Charity must be your rule, so yourself must be the rule of your Charity; Look what you could wish to be done to you by others, do but the same to others, you cannot be guilty of the breach of Charity: The maxims of Traffic are almost infinite; only Charity (but ever inseparable from Justice) must make the application of them; That will teach you that every increase by loan of money is not usurarie; and that those which are absolutely such, are damnable: that will teach you to distinguish betwixt the one improvement of loan, and the other; and will tell you that if you can find out a way, whether by loan, or sale, to advance your stock, that may be free from all oppression, and extortion; and beneficial as well to others, as to yourself, you need not fear to walk in it with all honest security: but in the mean time take good heed that your heart beguile you not in misapplications; for we are naturally too apt out of our self-love to flatter ourselves with fair glozes of bad intentions; and rather to draw the rule to us, than ourselves to the rule.  
But whiles I give you this short solution, I must profess to lament the common ignorance, or mistaking of too many Christians, whose zeal justly cries down usury as a most hateful and abominable practice, but in the mean time makes no bones of actions no less biting, and oppressive: they care not how high they sell any of their commodities, at how unreasonable rates they set their grounds, how they circumvent the buyer in their bargains, and think any price just, any gain lawful that they can make in their markets: not considering that there is neither less, nor less odious usury in selling and letting, then there is in lending: It is the extortion in both that makes the sin; without which the kind or terms of the transaction could not be guilty. Surely it must needs be a great weakness to think that the same God who requires mercy and favour in lending, will allow us to be cruel in selling; Rigour and excess in both equally violates the law of commutative Justice, equally crosses the law of Charity: Let those therefore that make scruple of an usurious lending, learn to make no less conscience of a racking bargain; otherwise their partial obedience will argue a gross hypocrisy; and they shall prove themselves the worst kind of what they hate, usurers: For in the ordinary loan-usury, the borrower hath yet time to boot for his money; but here the buyer pays down an excessive interest, without any consideration at all, but the cellar's cruelty. For the fuller clearing of which point; whereas you ask   

CASE II.  
Whether may I not sell my wares as dear as I can, and get what I may of every buyer?  
I answer,  
THere is a due price to be set upon every saleable commodity; else there were no commerce to be used among men: For if every man might set what rate he pleases upon his lands or goods, where should he find a buyer? surely nothing could follow but confusion, and want; for mere extremity must both make the market and regulate it.  
The due price is that which cuts equally and indifferently betwixt the buyer and seller; so as the seller may receive a moderate gain, and the buyer a just pennyworth.  
In those countries wherein there is a price set by public authority upon all marketable commodities, the way of commerce is well expedited, and it is soon and easily determined, that it is meet men should be held close to the rule.  
But where all things are left to an arbitrary transaction, there were no living if some limits were not set to the cellar's demands.  
These limits must be the ordinary received proportion of price current in the several countries wherein they are sold; and the judgement of discreet, wise, experienced and unconcerned persons; and the well stated conscience of the seller.  
If men shall wilfully run beyond these bounds, taking advantage of the rareness of the commodity, the paucity or the necessity of the buyers to enhance the price to an unreasonable height, they shall be guilty of the breach of charity, and in making a sinful bargain purchase a curse.  
Not that a man is so strictly tied to any others valuation, as that he may not upon any occasion ask or receive more than the common price; or that if the market rise he is bound to sit still: There may be just reason upon a general mortality of dattle to set those beasts that remain at an higher rate, or upon a dearth of grain, or other commodities, to heighten the price; but in such cases we must be so affected as that we grudge to ourselves our own gain, that we be not in the first file of enhancers, that we strive to be the lowest in our valuation, and labour what we may to bring down the market; always putting ourselves in our conceits into the buyers room; and bethinking how we would wish to be dealt with, if we were in his clothes.  
It is lawful for the seller in his price to have regard not to his rents and disbursements only, but to his labour, and cost, to his delay of benefit, to his loss in managing, to his hazard or difficulty in conveyance; but all these in such moderation, as that he may be a just gainer by the bargain: not setting the dice upon the buyer; not making too much haste to be rich, by the secret spoils of an oppressed neighbour.  
Those things whose end is only pleasure or ornament, as a Jewel, an Hawk, or an Hound, can admit of no certain value; the owner's affection must estimate it, and the buyers desire must make up an illimited bargain; but even in these, and all other commodities that carry the face of unnecessary, Conscience must be the Clerk of the Market; and tell us that we must so sell, as we could be willing to buy. From all which it follows,  
That the common maxim current 
* Dom. Sot. de Justit. & Jure l. 6. quaest. 2. Artic. 3. tradit hoc ut Axioma Jurisconsultorum.  in the shops of trade, that things are so much worth as they can be sold for; and those ordinary rules of chapmen, that men who are masters of their wares may heighten their prices at pleasure, and get what they can out of all comers; that what ever they can get out of the simplicity, or necessity of the buyers, is lawful prize, are damnably uncharitable, and unjust.  
It were an happy thing, if as it is in some other well ordered nations, there were a certain regulation of the prices of all commodities by public authority, the wisdom whereof knows how to rise and fall according to the necessity of the occasion; so as the buyer might be secured from injury, and the seller restrained from a lawless oppression. But where that cannot be had, it is fit that Justice and Charity should so far overrule men's actions, that every man may not be carried in matter of contract by the sway of his own unreasonable will, and be free to carve for himself as he lists of the buyers purse: every man hath a bird in his bosom that sings to him another note.  
A good conscience therefore will tell you that if (taking advantage of the ignorance or unskilfulness of the buyer) you have made a prey of him by drawing from him double the worth of the commodity sold, you are bound to make restitution to him accordingly; and in a proportion so, in all the considerable sums which you shall have by your false protestations, and oaths, and plausible intimations wrought out from an abused buyer; above that due price which would make you a just and rightly moderated gainer: For assure yourself, all that you willingly do this way is but a better-coloured picking of purses; and what you thus get is but stolen goods varnished over with the pretence of a calling, and will prove at the last no other than gravel in your throat.   

CASE III.  
Whether is the seller bound to make known to the buyer the faults of that which he is about to sell?  
IT is a question that was long since disputed betwixt the Heathen Sages, Antipater and Diogenes, as Cicero 
* Tull. de Offic. l. 3.  informs us: with whom Cato so decides it as that his judgement may justly shame and condemn the practice of too many Christians: For a full answer, due consideration must be had of divers circumstances.  
First, what the nature and quality of the fault is; whether it be fleight and unimporting; or whether such as may vitiate the thing sold, and render it either unuseful or dangerous to the buyer: or again, whether the fault be apparent, or secret: both these do justly vary the case: sleight and harmless faults may be concealed without injustice; main and importing must be signified: if apparent defects be not discerned by the buyer, he may thank himself; secret faults known only to the seller, (such as may be prejudicial to the buyer) ought not to be concealed: or if they be concealed so, as that the buyer pays for it as sound, and perfect, bind the seller in conscience, either to voided the bargain, or to give just satisfaction.  
Secondly, it would be considered, whether the buyer before the bargain be stricken, hath required of the seller to signify the faults of the commodity to be sold, and out of a reliance upon the cellar's fidelity and warrant, hath made up the match: or whether in the confidence of his own skill, without moving any question, he enter resolutely, (de bene essc) upon the bargained commodity: If the former, a double bond lies upon the seller to deal faithfully with the buyer, and therefore to let him know the true condition of the thing exposed to sale, that so either he may take off his hand; or if he shall see that notwithstanding that defect it may serve his turn, he may proportion the price accordingly: otherwise he shall be guilty (besides falsehood and oppression) of perfidiousness. But if the buyer will peremptorily rely upon his own judgement, and as presuming to make a gain of that bargain (which the seller out of conscience of the imperfection, sets (as he ought) so much lower as the defect may be more disadvantageous to the buyer) will go through with the contract, and stand to all hazards, I see no reason why the seller may not receive the price stipulated; but withal if the match may carry danger in it to the buyer, (as if the horse sold be subject to a perilous starting, or stumbling; the house sold have a secret crack that may threaten ruin; or the land sold be liable to a litigious claim which may be timely avoided) the seller is bound in conscience (at least after the bargain) to intimate unto the buyer these faulty qualities, that he may accordingly provide for the prevention of the mischief that may ensue.  
But if the seller shall use art to cover the defects of his commodity, that so he may deceive the buyer in his judgement of the thing bargained for, or shall mix faulty wares with sound, that they may pass undiscovered, he is more faulty than his wares, and makes an ill bargain for his soul. In this, shortly, and in all other cases that concern trade, these universal rules must take place. That it is not lawful for a Christian chapman to thrive by fraud. That he may sell upon no other terms than he could wish to buy. That his profit must be regulated by his conscience, not his conscience by his profit. That he is bound either to prevent the buyers wrong; or if heedlessly done, to satisfy it. That he ought rather to affect to be honest, then rich: And lastly, that as he is a member of a community both civil and Christian, he ought to be tender of another man's indemnity no less then of his own.   

CASE IU.  
Whether may I sell my commodities the dearer for giving days of payment?  
THere is no great difference betwixt this case, and that of loan, which is formerly answered; save that there money is let, here commodities money-worth; here is a sale, there a lending; in the one a transferring of the right and command for the time; in the other perpetually: but the substance both of the matter and question is the same; for in both there seems to be a valuation of time: which whether in case of mutuation, or sale, may justly be suspected for unlawful.  
For answer;  
There are three stages of prices acknowledged by all Casuists; the highest, which they are wont to call Rigorous; the mean, and the lowest; If these keep within due bounds, though the highest be hard, yet it is not unjust, and if the lowest be favourable, yet it is not always necessary.  
If then you shall proportion but a just price to the time, and worth of your bargain, so as the present shall pass for the easiest price, some short time for the mean, and the longer delay for the highest, I see not wherein, all things considered, you do offend.  
And certainly to debar the contract of a moderate gain for the delay of payment upon months prefixed, were to destroy all trade of merchandise: For not many buyers are furnished with ready money to buy their wares, at the Port; nor could the sellers make off their commodities so seasonably, as to be ready for further traffic, if they must necessarily be tied to wait upon the hopes of a pecuniary sale; and not left to the common liberty of putting them over to wholesale men upon trust; who upon a second trust distribute them to those, that vent them by retail, both for days agreed upon: By which means the trade holds up, and the commonwealth enjoys the benefit of a convenient and necessary commerce.  
A practice that is now so habituated amongst all nations into the course of trade, that it cannot well consist without it: So as nothing is more ordinary in experience then that those who are able to pay down ready money for their wares, know to expect a better pennyworth, than those that run upon trust: And there may be just reason for this difference; For the present money received enables the seller to a further improvement of his stock, which lies for the time dead in the hands that take day for their payment.  
So then, it is not mere time that is here set to sale, which were odious in any Christian to bargain for; but there are two incidents into this practice which may render it not unwarrantable. The one is the hazard of the sum agreed upon: which too often comes short in the payment: whiles those subordinate chapmen into whose hands the gross sum is scattered, turn bankrupts, and forfeit their trust; so as no small loss is this way commonly sustained by the confident seller; in which regard we are wont to say justly, that One bird in the hand is worth two in the wood. The other is the cessation of that gain which the merchant might in the mean time have made of the sum differred; which might in likelihood have been greater than the proportion of the raised price can amount unto; to which may be added the foreseen probability of the raising of the market in the interval of payment: the profit whereof is precluded by this means to the seller; whose full engagement takes him off perhaps from a resolution to have reserved those commodities in his own hands in expectation of an opportunity of a more profitable utterance, had not the forwardness of the buyer importuned a prevention.  
Upon these considerations, if they be serious, and unfeigned; I see not why you may not in a due and moderate proportion, difference your prices according to the delays of payment, without any oppression to the buyer: Howbeit, if any man pleaseth to be so free, as to take no notice of time, but to make future days in his account, present, I shall commend his charity, though I dare not press his example as necessary.  
The case is equally just on the behalf of the seller: who if he be either driven by some emergent necessity; or drawn by the opportunity of a more gainful bargain, to call for his money before his day, may justly be required by the late buyer, to abate of the returnable sum, in regard of the prevention of the time covenanted; by reason of the inconvenience or loss whereunto he is put upon the sudden revocation of that money, which is not by agreement payable till the expiration of the time prefixed. But what quantity is to be allowed on the one part, or defalked on the other, is only to be moderated by Christian Charity, and that universal rule of doing what we would be willing to suffer.   

CASE V.  
Whether, and how far, Monopolies are, or may be lawful.  
THe most famous Monopoly that we find in history is that of Egypt, Gen. 41. 56, 57 wherein the provident Patriarch Joseph, out of the foresight of a following dearth, bought up the seven years' grain for Pharaoh, and laid it up in public storehouses; and in the general scarcity sold it out to the inhabitants, and strangers, with no small advantage; which was so far from unlawful, as that he thereby merited the name of the Saviour of Egypt: 
* So the Vulgar renders Zapnath-paaneah Salvator mundi, Gen. 41. 45.  and if any worthy Patriot out of a like providence, shall beforehand gather up the commodities of his country into a public Magazine for the common benefit and relief of the people, upon the pinch of an ensuing necessity, he is so far out of the reach of censure, as that he well deserves a statue with the Inscription of Public Benefactor; So as it is not the mere act of Monopolising that makes the thing unlawful, but the ground and intention, and the manner of carriage.  
All Monopolies, as they are usually practised, are either such as are allowed by Sovereign authority, or privately contrived by secret plot and convention for a peculiar gain to some special persons. If the first, it must be considered upon what reason that privilege is granted, and upon what terms; If both these be just, the grant can be no other. For first, it may not be denied, that supreme authority, whether of Princes or States, hath power to grant such privileges where they shall find just cause; and secondly, that there may be very just motives of granting them to some capable and worthy persons; I should be a shamed to imagine that either of these should need any probation.  
Doubtless then, there is manifest equity that where there hath been some great merit, or charge, or danger in the compass of some notable work for a common good, the undertaker should be rewarded with a patent of a secured profit to himself. As put case some well-minded Printer (as one of the Stephens) is willing to be at an excessive charge in the fair publication of a learned and useful work for the benefit of the present and following ages; it is most just that he should from the hands of Princes or States receive a Privilege for the sole impression; that he may recover, with advantage, the deep expense he hath been at; Otherwise some Interloper may perhaps underhand fall upon the work at a lower rate, and undo the first editor; whose industry, care and cost shall thus be recompensed with the ruin of himself and his posterity; as were too easy to instance.  
If a man have by notable dexterity of wit, and art; and much labour and charge after many experiments, atained to the skill of making some rare engine of excellent use for the service of his Prince and Country, as some singular water work; or some beneficial instrument for the freeing of navigable rivers from their sandy obstructions, it is all the reason in the world, that by the just bounty of Princes he should be so far remunerated as that he alone may receive a patent of enjoying a due profit of his own invention.  
But how far it may be lawful for a Prince not only to gratify a well-deserving Subject, with the see of his own devise, but with a profit arising from the sole sale of marketable commodities through his Kingdom; or whether, and how far in the want of moneys for the necessary service of his State, he may for the public use, raise, set, or sell monopolies of that kind, is diversely agitated by Casuists; and must receive answer according to the absoluteness or limitation of those Governments, under which they are practised: But with this, that where this is done, there may be great care had of a just price to be set upon the commodities so restrained, that they be not left to the lawless will of a privileged engrosser, nor heightened to an undue rate by reason of a particular indulgence.  
This may be enough for authoritative Monopolies. The common sort of offensive practices this way are private and single, or conventionall, and plotted by combination; The former, as when some covetous extortioner out of the strength of his purse buys up the whole lading of the ship, that he may have the sole power of the wares to sell them at pleasure, which, there is no fear but he will do with rigour enough: The true judgement of which action, & the degrees of the malignity of it, must be fetched, as from the mind, so from the management of the buyer; as being so much more sinful, as it partakes more of oppression. The latter, when some brethren in evil conspire to prevent the harvest, to buy up, or hoard up the grain; with a purpose to starve the market, and to hatch up a dearth: A damnable practice in both kinds; and that which hath of old been branded with a curse; neither less full of injustice than uncharitableness; and that which cries aloud, for a just punishment, and satisfactory restitution.  
I cannot therefore but marvel at the opinion of learned Lessius (which he father's also upon Molina) that too favourably minces the heinousness of this sin; bearing us in hand that it is indeed an offence against charity, and common profit, but not against particular Justice. His reason: To buy that corn (saith he) could not be against justice, for he bought it at the current price: Nor yet to sell it, could be against justice, because he was not tied out of justice at that time to bring it forth to sale: When he might easily have considered, that it is not the mere act of buying, or of not selling, that in itself is accused for unjust; but to buy, or not to sell, with an intention, and issue of oppressing others, and undue enriching themselves by a dearth. For what can be more unjust then for a man to indevor to raise himself by the affamishing of others?  
Neither can it serve his turn to say, by way of excuse, that the multitude of buyers may be the cause of a dearth, and yet without sin; since they do rather occasion, than cause a scarcity; and are so far from intending a dearth in making their market, that they deprecate it, as their great affliction.  
And if, by his own confession, those who either by force, or fraud hinder the importation of corn, that a dearth may continue, are guilty of injustice, and are bound to make restitution both to the Commonwealth in giving cause to raise the price; as also to the Merchant, whom they have hindered, of his meet gain; how can those be liable to a less sin, or punishment, that either buy up, or wilfully keep in, their grain with a purpose to begin, and hold on a dearth? and what less can it be then force or fraud, that by their crafty and cruel prevention the poor are necessitated to want that sustenance, whereby their life should be maintained?  
Wise Solomon shall shut up this Scene for me. He that withholds corn, the People shall curse him, but blessings shall be upon the head of him that selleth it. Prov. 11. 26.   

CASE VI.  
Whether, and how far doth a fraudulent bargain bind me to performance?  
HOw far in matter of law, you must advice with other Counsel, but for matter of conscience, take this:  
Is the fraud actively yours, done by you to another? or else passively put by another upon you? If the former, you are bound to repent and satisfy; either by recinding the match, or by making amends for the injury: If the latter; wherein did the fraud lie? If in the main substance of the thing sold, the bargain is both by the very law of nature, and in conscience, void; yea indeed, none at all: as if a man have sold you copper lace for gold; or alchymie-plate for silver; the reason is well given by 
* Lessius l. 2. c. 17. dub. 5.  Casuists: There is no bargain without a consent; and here is no consent at all, whiles both parties pitch not upon the same subject; the buyer propounds to himself gold and silver, the seller obtrudes copper, and Alchemy; the one therefore not buying what the other pretended to sell, here is no bargain made, but a mere act of cozenage, justly liable to punishment by all laws of God and man. But if the fraud were only in some circumstances; as in some faulty condition of the thing sold not before discerned; or in the overprizing of the commodity bought; the old rule is, Caveat emptor; You must (for aught I know) hold you to your bargain; but if that faulty condition be of so high a nature that it mars the commodity, and makes it useless to the buyer, the seller (being conscious of the fault) is injurious in the transaction, and is bound in conscience to make satisfaction; and if he have willingly overreached you in the price, in a considerable proportion is guilty of oppression.  
It is very memorable in this kind that Cicero relates to us of a fraudulent bargain betwixt 
* Cicer. de Offic. l. 3. Sect. 58.  Canius, a Roman Knight and Orator, and one Pythius a Banker of Syracuse. Canius coming upon occasion of pleading to the city of Syracuse, took a great liking to the place; and settling there, gave out that he had a great desire to buy some one of those pleasant gardens, wherewith, it seems, that city abounded; that he might there recreate himself when he pleased, with his friends.  
Pythius a crafty merchant hearing of it, sends word to Canius, that he had a fair garden which he had no mind to sell; but if he pleased to make use of it for his solace, he might command it as his own; and withal courteously invites Canius to sup with him there the day following: In the mean time being a man by reason of his trade of exchange, very gracious in the city, he calls the fishermen together, and desires them that the next evening they would fish in the stream before his garden, and bring him, what they shall have caught; Canius in due time comes according to the invitation, to supper; where there was delicate provision made for him by Pythius; and store of boats bringing in their plentiful draughts of fish, and casting them down at the feet of Pythius: Canius asks the meaning of this concourse of Fishermen, and store of proffered provision? Pythius tells him this is the commodity and privilege of the place, if Syracuse yield any fish, here it is caught, and here tendered; Canius believing the report, importunes his host to sell him the ground: the owner after some seeming loathness, and squeamish reluctation, at last yields to gratify him with the bargain: The dear price is paid down with much eagerness. The new master of the place, in much pride of his purchase, the next day repairs early to his garden, invites his friends to a friday feast; and finding no boat there, asks the neighbour whether it were holiday with the fishermen, that he saw none of them there; No, said the good man, none that I know; but none of the trade use to fish here; and I much marvailed at the strange confluence of their boats here yesterday: The Roman Orator was down in the mouth; finding himself thus cheated by the money-changer: but, for aught I see, had his amends in his hands; He meant, and desired to buy the place, though without any such accommodation; but over-bought it upon the false pretence of an appendent commodity; the injury was the sellers, the loss must be the buyers.  
But if such be the case, that you are merely drawn in by the fraud, and would not have bought the commodity at all, if you had not been induced by the deceit, and false oaths and warrants of the seller, you have just reason, either, if you may, to fall off from the bargain; or, if the matter be valuable, to require a just satisfaction from the seller; who is bound in conscience either by annulling the bargain, or abatement of price to make good your indemnity.  
In these matters of contract there is great reason to distinguish betwixt a willing deceit, and an involuntary wrong; If a man shall fraudulently sell an horse which he knows secretly and incurably diseased, to another for sound; and that other, believing the sellers deep protestation, shall upon the same price, bonâ fide, put him off to me; I feel myself injured, but whither shall I go for an amends? I cannot challenge the immediate seller, for he deceived me not; I cannot challenge the deceiver, for he dealt not with me; In human laws, I am left remediless; but in the law of conscience, the first seller, who ought to have born his own burden of an inevitable loss, is bound to transfer by the hands that sold me that injurious bargain, a due satisfaction.  
Neither is it other of fraudulent conveyances in the houses or land, how ever the matter may be intricated by passing through many perhaps unknowing hands, yet the sin and obligation to satisfaction, will necessarily lie at the first door; whence if just restitution do not follow, the seller may purchase Hell to boot.  
Think not now on this discourse that the only fraud is in selling; there may be no less (though not so frequent) fraud in buying also; whether in unjust payment, by false coin; or by injustice of quantities, as in buying by weights, or measures above allowance; or by wrong valuation of the substance & quality of the commodity, misknown by the seller; As for instance, A simple man, as I have known it done in the Western parts, finds a parcel of Ambergris cast upon the sands; he perceiving it to be some unctuous matter, puts it to the base use of his shoes, or his cart wheel; a merchant that smells the worth of the stuff buys it of him for a small sum; giving him a shilling or two, for that which himself knows to be worth twenty pounds: the bargain is fraudulent; and requires a proportionable compensation to the ignorant seller, into whose hands providence hath cast so rich a booty.  
Shortly, in all these intercourses of trade, that old and just rule which had wont to sway the traffic of heathens, must much more take place amongst Christians, (cum bonis benè agier) that honest men must be honestly dealt with: and therefore that all fraud must be banished out of their markets; or, if it dares to intrude, sound punished; and mulcted with a due satisfaction.   

CASE VII.  
How far, and when am I bound to make restitution of another man's goods remaining in my hands?  
REstitution is a duty no less necessary, then rarely practised amongst Christians. The Arch-publican Zacheus knew that with this he must begin his conversion; and that known rule of Saint Austen 
* Aug. epist. 54. ad Macedon.  is in every man's mouth, No remission without restitution. For this act is no small piece of commutative Justice; which requires that every man should have his own: Most just therefore it is, that what you have taken, or detained from the true owner should be restored; neither can it be sufficient, that you have conceived a dry and bootless sorrow for your wrongful detention, unless you also make amends to him by a real compensation.  
But you are disabled to make restitution by reason of want, your will is good, but the necessity into which you are fallen, makes you uncapable of performance: See first, that it be a true, and not feigned necessity; Many a one, like to lewd cripples that pretend false sores, sergeant a need that is not, and shelter themselves in a willing Jail, there living merrily upon their defrauded creditor, whom they might honestly satisfy by a well improved liberty: This case is damnably unjust; but if it be a true necessity of Gods making, it must excuse you for the time; till the same hand that did cast you down, shall be pleased to raise you up again; then, you are bound to satisfy; and in the mean time, lay the case truly before your creditor, who if he be not merciless, where he sees a real desire, and endeavour of satisfaction, will imitate his God in accepting the will for the deed: and wait patiently for the recovery of your estate.  
You ask now, to whom you should tender restitution?  
To whom, but the owner? But he, you say, is dead; That will not excuse you; he lives still in his heirs; It is memorable (though in a small matter) which Seneca reports of a Pythagorean Philosopher at Athens, who having run upon the score for his shoes at a shop there; hearing that the shoemaker was dead, at first was glad to think the debt was now paid; but strait recollecting himself, he says within himself; Yet, howsoever, the shoemaker lives still to thee, though dead to others; and thereupon puts his money into the shop, as supposing that both of them would find an owner. It is a rare case that a man dies, and leaves no body in whom his right survives: But if there be neither heir, nor executor, nor administrator, nor assign; the poor (saith our Saviour) ye shall have always with you; Make thou them his heir: Turn your debt into alms.  
Obj. But alas you say; I am poor myself, what need I then look forth for any other? Why may not I employ my restitution to the relief of my own necessity?  
Sol. It is dangerous, and cannot be just for a man to be his own carver altogether in a business of this nature; You must look upon this money, as no more yours then a strangers; and howsoever it be most true that every man is nearest to himself, and hath reason to wish to be a sharer, where the need is equal; yet it is fit this should be done with the knowledge and approbation of others: Your Pastor, and those other that are by authority interessed in these public cares, are fit to be acquainted with the case; (if it be in a matter meet to be notified) as a business of debt or pecuniary engagement let their wisdom proportion the distribution; But if it be in the case of some secret crime, as of theft, or cozenage, which you would keep as close as your own heart, the restitution must be charged upon your conscience to be made with so much more impartiality, as you desire it more to be concealed; Herein have a care of your soul, what ever becomes of your estate.  
As for the time of restitution it is easily determined, that it cannot well be too soon for the discharge of your conscience, it may be too late for the occasions of him to whom it is due; Although it may fall out that it may prove more fit to defer for the good of both: wherein charity and justice must be called in as arbitrators; The owner calls for his money in a riotous humour to misspend it upon his unlawful pleasure; if your delay may prevent the mischief, the forbearance is an act of mercy: The owner calls for a sword deposited with you, which you have cause to suspect he means to make use of, for some ill purpose; your forbearing to restore it is so both charitable and just, that your act of delivery of it may make you accessary to a murder. Whereto I may add, that in the choice of the time, you may lawfully have some respect to yourself; for if the present restitution should be to your utter undoing, which may be avoided by some reasonable delay, you have no reason to eat another's inconvenience by your own inevitable ruin; in such case let the creditor be acquainted with the necessity, his offence deprecated; and rather put yourself upon the mercy of a Chancery, then be guilty of your own overthrow.  
But when the power is in your hand, and the coast every way clear, let not another's man's goods or money stick to your fingers; and think not that your head can long lie easily upon another's man's pillow.  
Yea, but you say the money or goods miscarried, either by robbery or false trust, ere you could employ them to any profit at all; This will not excuse you; after they came into your power, you are responsible for them; What compassion this may work in the good nature of the owner for the favour of an abatement, must be left to his own breast; your tye to restitution is not the less; For it is supposed, had they remained in the owner's hands they had been safe; if it were not your fault, yet it was your cross, that they miscarried; and who should bear your cross but yourself?  
Shortly then, after all pretences of excuse; the charge of wise Solomon must be obeyed: Withhold not good from the owners thereof, when it is in the power of thine hand to do it, Prov. 3. 17.   

CASE VIII.  
Whether, and how far doth a promise extorted by fear, though seconded by an oath, bind my conscience to performance?  
A Mere promise is an honest man's strong obligation; but if it be withal backed with an oath, the bond is sacred, and inviolable.  
But let me ask you what promise it is that you thus made, and bound; If it be of a thing unlawful to be done, your promise and oath is so far from binding you to performance, that it binds you only to repentance that ever you made it; In this case your performancee would double and heighten your sin: It was ill to promise, but it would be worse to perform: Herod is by oath engaged for an indefinite favour to Salome; She pitches upon John Baptist's head; He was sorry for such a choice, yet for his oaths sake he thinks he must make it good: Surely, Herod was ill-principled, that he could think a rash oath must bind him to murder an innocent; He might have truly said, this was more than he could do; for that we can do, which we can lawfully do.  
But if it be a lawful thing that you have thus promised, and sworn; though the promise were unlawfully drawn from you by fear, I dare not persuade you to violate it. It is true that divers learned Casuists hold, that a promise drawn from a man by fear is void, or at least revocable at pleasure; and so also the oath annexed, which follows the nature of the act whereto it appends; chiefly upon this ground; that both these are done without consent, mere involuntary acts, since nothing can be so contrary to consent as force and fear: But I dare not go along with them; for that I apprehend there is not an absolute involuntarinesse in this engagement, but a mixed one; such as the 
* Arist. Eth. l. 2. c. 2.  Philosopher determines in the Mariner, that casts his goods over board to save his life; in itself, he hath no will to do it; but here and now upon this danger imminent, he hath an halfe-will to perform it.  
Secondly, I build upon their own ground; There is the same reason, they say, of force, and of fraud; now that a promise and oath drawn from us by fraud binds strongly, we need no other instance then that of Joshua made to the Gibeonites; there could not be a greater fraud than lay hid in the old shoes, threadbare garments, rend bottles, and mouldy provisions of those borderers; who under the pretence of a remote nation put themselves under the interest and protection of Israel: Josh. 9 12, 13. etc. the guile soon proved apparent, yet durst not Joshua, though he found himself cheated into this covenant, fall off from the league made with them; which when, after many ages, Saul out of politic ends went about to have broken, we see how fearfully it was avenged with a grievous plague of famine upon Israel, even in David's days, 2 Sam. 21. 1. who was no way accessary to the oppression; neither could be otherwise expiated then by the bleeding of Saul's bloody house. When once we have interessed God in the business, it is dangerous not to be punctual in the performance. If therefore a bold thief taking you at an advantage have set his dagger to your breast, and with big oaths threatened to stab you unless you promise and swear to give him an hundred pounds to be left on such a day in such a place for him, I see not how (if you be able) you can dispense with the performance; the only help is, (which is well suggested by 
* Lessius de Jure, etc. l. 2. C. 42. dub. 6.  Lessius) that nothing hinders why you may not, when you have done, call for it back again, as unjustly extorted. And truly, we are beholden to the Jesuit for so much of a real equivocation: why should you not thus right yourself, since you have only tied yourself to a mere payment of the sum? upon staking it down for him, you are free. But if he have forced you to promise, and swear not to make him known, you are bound to be silent in this act, concerning yourself; but withal, if you find that your silence may be prejudicial to the public good, for that you perceive the licentiousness of the offender proceeds (and is like so to do) to the like mischief unto others, you ought, though not to accuse him for the fact done unto you; yet to give warning to some in authority to have a vigilant eye upon so lewd a person, for the prevention of any further villainy.  
But if it be in a business, whose peril rests only in yourself, the matter being lawful to be done; your promise and oath (though forced from you) must hold you close to performance, notwithstanding the inconveniences that attend. If therefore you are dismissed upon your Parole, for a certain time, to return home, and dispose of your affairs, and then to yield yourself again prisoner to an enemy; the obligation is so strict and firm, that no private respects may take it off: and it should be a just shame to you that a 
* Attilius Regulus.  Pagan should out of common honesty hold himself bound to his word, (not without the danger of torment and death) when you that are a Christian slip away from your oath.   

CASE IU.  
Whether those moneys or goods which I have found, may be safely taken and kept by me to my own use.  
IT is well distinguished by Sotus out of Aquinas 
* Dom. Sot. de Jure et Justit. l. 5. q. 3. pag. 436. , that those things which may be found, are either such as call no man master, as some pearl, or precious stone, or Ambergris lying upon the shore; or such as have an owner, but unknown to us, or (as we may add, to make up the number complete) such as whose owner we know. Where the true owner is known, speedy restitution must follow; otherwise the detention is in the next door to theft; Where the commodity found hath no owner, it justly falls to the right of the first finder; for both the place and the thing are masterless, (adespota) and common; offering themselves to the next comer: The only difficulty is in those things which have an unknown owner: And certainly common justice and honesty suggests to us, that we may not seize on commodities of this kind, as absolutely our own; the casualty of their mis-laying doth not alter their propriety; they are still his that lost them; though out of his sight, yet not out of his right; and even natural Justice, would give every man his own. The Laws both Civil and Canon, and Municipal do sufficiently guide our practice in many particular cases. of this nature, and our Conscience must lead us to follow them: If they be quick commodities, as horses, sheep, kine, and the like, (which we call Waives and Strays) every one knows they are to be publicly impounded, that upon search the owner may be the surer to find them; and if he come not in, the sooner, to be openly cried in several markets, that the noise of his own neglected goods may come to his care: and if, upon a continuing silence, they be put into the Custody of the Lord of the Manor, (who is most likely to be responsible) and he shall make use of them, before his year and day be expired, he shall not do it without some mark of distinction, that yet the true owner may know, they are not challenged by the present possessor, as his own, but lie open to the just claim of their true master.  
But if they be dead commodities, as a jewel, a purse, or some ring of price, or the like, the finder may not presently smother up the propriety of it in his own coser; his heart tells him that the mere accident of his finding it, cannot alienate the just right of it from the true owner; he is therefore bound in conscience, in an honest sincerity to use all good means for the finding out of the right proprietary, whether by secret inquiry, or open publication: and if after due inquisition, no claim shall be made to it for the present, he shall reserve it in his hand in expectation of a just challenge: upon the assurance whereof (how late soever) he is bound to restore it to the proper owner: who, on the other side, shall fail in his duty of gratitude, if he return not some meet acknowledgement of that good office, and fidelity: In all which mutual carriages, we ought to be guided by those respects which we could wish tendered to ourselves in the like occasions. Mean while, in all the time of our custody, we are to look upon those commodities as strangers; making account of such a potential right only in them, as we are ready and desirous to resign to the hands that purchased and lost them. On the contrary, no words can express the horrible cruelty and injustice that is wont to be done in this kind, not only on our shores, but in other nations also, upon the ship-wracked goods both of strangers, and our own compatriots; whiles in stead of compassioning and relieving the loss, and miseries of our distressed brethren, every man is ready to run upon the spoil, and, as if it were from some plundered enemy, is eagerly busy in carrying away what riches soever come to hand, which they falsely, and injuriously term God's Grace, when as indeed it is no other than the Devil's booty. This practice can pass for no other than a mere robbery, so much more heinous, as the condition of the miscarried owner is more miserable: What a foul inhumanity is this, to persecute him whom God hath smitten; and upon no other quarrel to be cruel to our brother, then because the Sea hath been merciless? Dear countrymen, ye especially of the West, leave these abominable pillages to savage Nations, that know not God; and, putting on the bowels of tender compassion, lend your best succour rather for the rescue of poor wracked souls, and safely preserving that small residue of their drowned freight, which you cannot imagine that the Sea hath therefore forborn to swallow, that you might.   

CASE X.  
Whether I may lawfully buy those goods which I shall strongly suspect, or know to be stolen or plundered; or, if I have ignorantly bought such goods, whether I may lawfully (after knowledge of their owner) keep them as mine.  
TO buy those goods which you know, or have just cause to suspect to be stolen or plundered, is no better than to make yourself accessary to the theft; if you do it with an intention to possess them as your own; for what do you else herein, but ex-post-facto partake with that thief, who stole them; and encourage him in his lewd practices? since according to the old word; If there were no receivers, there would be no thiefs. Neither will it serve the turn, that in the case of plunder, there may seem a pretence of justice, in that this is pleaded perhaps to be done by some colour of authority; for certainly where there is not law, there can be no justice, whereof law is the only rule: Whatever then is against an established Law, in matter of right and possession, can be no other than unjust; Take heed therefore lest that heavy challenge of the Almighty be (upon this bargain) charged upon you; Psal. 50. 18. When thou sawest a thief, thou consentedst with him: These stolen waters may be sweet in the mouth, but they will be poison in the maw, and like the water of a just jealousy, rottenness to the belly: But if (as these illgotten goods are lightly cheap pennyworths) you buy them only with an intention to gratify the true owner, with an easy purchase of his own, (which would perhaps else be unrecoverable) (whiles your profession it do it for no other end takes off the scandal) I cannot but allow your act, and commend your charity.  
But if, making use of that rule which Saint Paul gives for meat, in bargaining for any other commodities, you shall extend your liberty to whatsoever is sold in the market, and shall in the exercise of that freedom upon a just and valuable consideration ignorantly buy those goods which you afterwards hear, and know, to be another's, the contract is on your part valid, and faultless, since your invincible want of knowledge acquits you from any guilt of consent; but withal, there is an aftergame to be played by you: you are bound (upon just notice) to acquaint the true owner with the matter, and to proffer yourself ready to join with him in the prosecution of law, or justice upon the offender, and upon a meet satisfaction to tender him his own.  
But if the theft be only upon probability; and it be doubtful whether the goods belong to the owner notified to you, your duty is to make diligent inquiry into the business; and if upon due inquisition, you find too much likelihood of the theft, I dare not advice you (with some Casuists) to reverse the bargain, and to return the commodity to those false hands that purloined it; but rather to call the probable owner, and with him to appeal unto just authority, for a more full examination of the right, and an award answerable to justice: but if there appear no good grounds for an impeachment, you may peaceably sit down in the possession, till further evidence may convince your judgement in the contrary.    

RESOLUTIONS. The second Decade. Cases of Life and Liberty.  

CASE I  
Whether, and in what cases it may be lawful for a man to take away the life of another.  
HOw light a matter soever it may seem to the world now long soaked in blood, a man's life is most precious; and may not (but upon the weightiest of all causes) be either taken, or given away. The great God hath reserved to himself this prerogative, to be the only absolute Lord of it; neither can any creature have power to command it, but those only to whom he hath committed it by special deputation; nor they neither, by any independent or illimited authority; but according as it is regulated by just laws: to call for a man's life merely out of will, is no other than a Turkish tyranny.  
Now the same God that hath ordained Sovereign powers to judge of, and protect the life of others, hath given weighty charge to every man to tender and manage his own: which binds him to use all just means for his own preservation; although it should be the necessitated destruction of another.  
Let us see therefore how far and in what cases, man, that is always appointed to be master of his own life, may be also master of another man's.  
That public justice may take away the life of heinous malefactors, is sufficiently known, to be not lawful only, but required; and indeed so necessary, that without it there were no living at all amongst men.  
That in a just war the life of an open enemy may be taken away, is no less evident; the only question is of private men in their own cases.  
And here we need not doubt to say that even a private man, being mortally assaulted, may in his own defence lawfully kill another; I suppose the assault mortal, when both the weapon is deadly, and the fury of the assailant threatens death; as for some sleight and sudden passages of a switch, or a cane, they come not under this consideration, although those small affronts offered to eminent persons prove oftentimes to be quarrels no less than mortal. But even in these assaults, (except the violence be so too impetuous, that it will admit of neither parley nor pause) there ought to be (so much as may consist with our necessary safety) a tender regard and indevor to avoid the spilling of blood; but if neither persuasion, nor the shifting (what we may) our station, can abate any thing of the rage of the assailer, death must; Yea, if not my brother only, but my father, or my son should in this forcible manner set upon me, howsoever I should hazard the award of some blows; and with tears beg a for bearance, yet, if there would be no remedy, nature must pardon me; no man can be so near me as myself.  
I cannot therefore, subscribe to the counsel of 
* Les. de. jur. etc. l. 2. c. 9 dubit. 8. Ex Antonio et Sylvestr. etc.  Leonardus Lessius (abetting some ancient Casuists, and pretended to be countenanced by some Fathers) that it were meet for clerical and Religious persons rather to suffer death then to kill a murderer: since no reason can be showed, why their life should not be as dear to them as others; or why they should be exempted from the common law of nature; or why their sacred hands should be more stained with the foul blood of a wicked manslayer, justly shed, than any others. I am sure Phineas thought not so; nor Samuel after him; and (which is most of all) that the honour and privileges of the sons of Levi were both procured, and feoffed on them upon an enjoined blood shed.  

* Ibid. paragr. ult.  Only here is the favour and mercy of that learned Casuist, that Clerks and Votaries are not always bound rather to dye, then kill: for, saith he, if such religious person should bethink himself, that he is in a deadly sin, and should thereupon fear that he should be damned, if he were killed in that woeful and desperate estate; he were then bound by all means to defend himself, and to prefer the safety of his own soul, before the life of another: As if nothing but the fear of damnation could warrant a man for his own safeguard; as if nothing but the danger of hell could authorise an holy person to be his own guardian; as if the best of lives were so cheap and worthless, that they might be given away for nothing: whereas contrarily Precious in the sight of the Lord is the death of all his Saints. Psal. 116. But in such a case (according to the opinion of this great 
* Lesle. ibid.  Casuist) charity to ourselves doth not more arm and enforce our hand, than charity to our neighbour holds it, and binds it up: We may not kill lest the man slayer dying in the attempt of this murder, should everlastingly perish: Surely, I cannot but admire this unreasonable mercy in a father of the Society; Where was this consideration when so many thousands of innocent persons were doomed to be blown up in a state of impenitence; whose unrepented heresy must needs have sent them up instantly to their hell?  
By this reason, a malefactor if he be obdured in his sin, and professeth to be remorseless, may not feel the stroke of Justice. Shortly then, if a man will needs be wicked to my destruction, the evil is his own; let him bear his own guilt, let me look to my own indemnity.  
The case is yet more difficult where the attempt is not upon my person, but my goods; if a man will be offering to rob my house, or to take my purse, what may I do do in this case? Surely, neither charity, nor justice can dissuade me from resisting; the laws of God and man will allow me to defend my own; and if in this resistance the thief, or Burglayer miscarry, his blood will be upon his own head: although in the mean time, charity forbids that this slaughter should be first in my intention; which is primarily bend upon my own safety, and the vindication of my own just propriety: the blood that follows is but the unwilling attendant of my defence: of the shedding whereof, God is so tender, that he ordained it only to be inoffensively done in a nightly robbery; Exod. 22. 2. where the purpose of the thief is likely to be more murderous, and the act more uncapable of restitution.  
What then if the thief, after his robbery done, ceasing any further danger of violence, shall betake himself to his heels, and run away with my money? In such a case, if the sum be so considerable, as that it much imports my estate, how ever our Municipal laws may censure it (with which, of old, even as killing (
* Dalton p. 244.  se defendendo) was no less than felony of death) my conscience should not strike me if I pursue him with all might, and in hot chase so strike him, as that by this means I disable him from a further escape, for the recovery of my own; and if hereupon his death shall follow, however I should pass with men, God and my own heart would acquit me.  
Neither doubt I to say the like may be done upon a forcible attempt of the violation of the Chastity of either sex: A case long ago adjudged by the doom of nature itself in Marius the General of the Roman army (as 
* Orat. pro. Mil.  Cicero tells us) clearly acquitting a young man for killing a Colonel that would have forced him in this kind.  
But I may not assent to 
† Bann. q. 64. a. 7. dub. 9 Navar. l. 2. c. 3. Lessius l. 2. de Jure, etc. c. 9 dub. 8.  Djominicus Bannez, Retrus Navarrus, and Cajetan, (though grave authors) who hold, that if a man go about upon false and deadly criminations to suborn witnesses against me, to accuse me to a corrupted Judge, with a purpose to take away my life, in a colour of justice, if I have no other way to avoid the malice, I may lawfully kill him: It were a woeful and dangerous case, if every man might be allowed to crave himself of justice; Mere accusations are no convictions; How know I what God may work for me on the Bench, or at the bar to what evidence he may raise to clear me? what confusion, or contradiction he may cause in the mouths of the hired witnesses? what change he may work in the Judge; what interposition of higher powers? There is a providence in this case to be relied upon; which can and will bring about his own holy purposes, without our presumptuous, and unwarrantable undertake.   

CASE II.  
Whether may I lawfully make use of a Duel for the deciding of my right, or the vindication of my honour?  
I have long ago spent my opinion upon this point, in a large epistolar discourse, which I find no reason to alter: thither I might refer you to spare my labour; but lest perhaps that should not be at hand; shortly thus:  
The sword in a private hand was never ordained to be a decider of any controversies, save this one, whether of the two is the better Fencer; nor yet that always, since Eccles. 9 11. The race is not to the swift, nor the battle to the strong; as Solomon hath observed: It can be no better therefore, than a more tempting of God, as 
* Rodrig. Sum. cas. Tom. 1. cap. 73.  Rodriguez justly censures it, to put ourselves, or our cause upon so unwarranted a trial: I find but two practices of it in the records of Scripture; the one, that famous challenge of Goliath, which that proud Philistim had not made, if he had not presumed of his Giantly strength, and stature, so utterly unmatchable by all Israel, 1. Sam. 17. 24. that the whole host was ready to give back upon his appearance; he knew the advantage so palpable, that none would dare to undertake the quarrel; and had still gone on to triumph over that trembling army, had not God's inexpected champion, by divine instinct taken up the monster, and vanquished him, leaving all but his head, to bedung that earth, which had lately shaken at his terror.  
The other was in that mortal quarrel betwixt Joab and Abner, on the behalf of their two Masters, David and Ishbosheth; 2 Sam. 2. 14. wherein Abner invites his rival in honour, to a Tragical play, (as he terms it) a monomachy of twelve single combatants on either part; which was so acted, that no man went victor away from that bloody Theatre; Only it is observable, that in both these conflicts still the challengers had the worst.  
In imitation of which latter, I cannot allow that which I find frequently done in the managing of public hostility; that some confident Cavalier out of mere bravery of spirit craves leave to put himself forth before both armies, and (as in way of preface to an ensuing battle) bids defiance to any Antagonist; An act of more valour than judgement; whereof the undertaking is void of warrant; and the issue (lightly) of success: whiles it pleaseth God commonly to punish prefumption with a foil; and the ominous miscarriage of one, proves a sad discouragement to many.  
And if single fortitude be not triable this way, much less Justice in causes litigious; To make the sword arbiter of such differences, were no better then to revive the old Ordalian trial used by our Heathen Ancestors: Sith God hath no more ordained, nor promised to bless the one than the other; And reason itself tells us, in how ill a condition that righteous cause is, which must be carried by the sharpor weapon, the stronger arm, the skilfuller fencer.  
Now whereas there are two acts, as introductions into the field, a Challenge, and an Acceptation; both of them have their guilt, but the former so much more, as it hath in it more provocation to evil.  
I cannot therefore but wonder at, and cry down the opinion of Bannez, and Cajetan, that a man slandered by an unjust accuser, may justly challenge him the field, and vindicate himself by the sword; A doctrine, which if it were allowed, and accordingly practised, besides that it would destroy the course of justice, and wrist revenge out of the hands of the Almighty, were enough to make the world an Accldama; For who would not be his own Judge for the Accusation; and his own Executioner for the revenge?  
There may yyt seem more innocence in the Acceptation; which makes show of a mere passive nature, and appears to be extorted by the insolence of a provoking adversary, whose pressures are wont to receive such construction, as that the challenged party refusing, upon what ground soever, is in the vulgar opinion proclaimed for base and recreant; and I must needs confess, the irritation diminisheth the offence; but withal, how ever the Spanish and Italian Casuists (whose Nations are wont to stand a little too highly upon the points of a miscalled honour) are wont to pass fair interpretations of the matter, I cannot but find it deeply guilty also: for what is this other, than a consent to sin by engaging in blood; which by a man wise and conscionable might be turned off with a just contempt, without imputation of cowardice: since the plea of conscience is able to bear down the vain fancies of idle swordmen: or, if that will not be taken, the false blurs that are cast upon a worthy man's reputation by vulgar breath, deserve no entertainment but scorn; or lastly, other means lie open to both parts for the proof of a questioned valour, which in a lawful way the challenged is ready to embrace; he walks not unprovided about the business of his calling, if he be fairly set upon, on equal terms, he shall make no doubt to defend himself: But to make a formal business of a quarrel, on either part, and to agree upon a bargain of bloodshedding, is wicked and damnable; and though both should come fairly off, yet the very intention to kill, is murder.  
This case is so clear, that the Council of 
* Conc. Tr. Sess. 25. Rodriguez. Tom. 1. c. 73. de duello.  Trent hath thought fit to denounce heavy sentences, and inflict sharp censures upon Emperors, Kings, States, and Potentates that shall give allownce to duels within their Dominions; pronouncing them ipso jure excommunicate; and depriving them of those towns, cities, lands, (if held of the Church) where such unlawful acts are made: And that those who either act, or patronise, and by their presence assist, countenance, or abett such combats, shall incur the sentence of excommunication, the loss of all their goods, and perpetual infamy; and if they die in such quarrel, shall, as selfe-murtherers, be debarred the privilege of Christian burial.  
Briefly therefore, neither your justice, nor your honour may depend upon the point of private swords; and if there can be no other remedy, you must rather suffer in either, then hazard your soul.   

CASE III.  
Whether may it be lawful, in case of extremity, to procure the abortion of the child, for the preservation of the mother?  
I Fear want of true judgement renders too many of the weaker sex grossly culpable in matter of willing abortion; whiles, being not well principled either in nature, or grace, they think it not unlawful, or at least, venially so, whether out of the fear of painful childbirth, or for the avoidance of too great a charge, to prevent the fullness of their conceptions; and therefore, either by over-vehement motion, or unwholesome medicine, are not unwilling to forest all nature, and to free themselves early of that which might in time prove their burden: Wherein they little know how highly they offend the Majesty of God in destroying his potential creature, and how heavy weight of guilt they lay upon their souls, whiles they endeavour to give an undue ease to their bodies.  
Your question supposes an extremity; and surely such it had need to be, that may warrant the intention of such an event.  
For the deciding whereof, our Casuists are wont to distinguish double; both of the state of the conception; and of the nature of the receipt: In the former; they consider of the Conception, either as it is before it receive life, or after that it is animated: Before it receive life, they are wont to determine, that howsoever it were no less than mortal sin, in a Physician, to prescribe a medicinal receipt to cause abortion, for the hiding of a sin, or any outward secular occasion; yet for the preservation of the life of the mother, in an extreme danger, (I say, before animation) it might be lawful: But after life once received, it were an heinous sin to administer any such mortal remedy. The latter Casuists are better advised; and justly hold that to give any such expelling or destructive medicine, with a direct intention to work an aborsement, (whether before, or after animation) is utterly unlawful, and highly sinful: And with them I cannot but concur in opinion; For, after conception we know that naturally follows animation, there is only the time that makes the difference; which in this case is not so considerable, as to take off a sin: That of 
* Tertul. in Apol. c. 9  Tertullian comes home to the point which both Covarruvias and 
† Lesle. l. 2. c. 9 du. 10.  Lessius urge to this purpose: Homicidii festinatio est prohibere nasci; It is but an hastening of murder to hinder that which would be borne; Homo est qui futurus est; It is a man that would be so, etc.  
Upon this ground we know that in a further degree of remoteness, a voluntary selfe-pollution hath ever been held to have so much guilt in it, as that Angelus Politianus reports it as the high praise of 
* Ne se pollueret, mavit ipse mori. Ex Politiano Gerard. Voss. de orig. & progress. Idol. l. 3. c. 18.  Michael Verrinus, that he would rather die, then yield to it: how much more, when there is a further progress made towards the perfection of human life?  
And if you tell me that the life of the mother might thus be preserved, whereas otherwise both she and all the possibilities of further conceptions are utterly lost; I must answer you with that sure and universal rule of the Apostle, that we may not do evil that good may come thereon, Rom. 3. 8.  
The second consideration is of the nature of the receipt, and the intention of the prescriber; There are prescripts that may, in, and of themselves tend towards cure, and may have ordinarily such an effect; but yet being used and applied for the mother's remedy, may prove the loss of the conception, being yet inanimate; these if they be given with no other intention than the preservation of the mother's life, may be capable of excuse; for that the inconvenience (or mischief rather) which followed upon the receipts was accidental, and utterly against the mind, and hopes of him that advised them.  
But if the conception be once form, and animated, the question will be so much more difficult, as the proceedings of nature are more forward: Whereupon it is, that the Septuagint in their Translation (as Lessius well observes) have rendered that Mosaical law (in Exod. 21.) concerning abortions, in these terms. If a man strike a woman that is with child, and she make an abortion, if the child were form, he shall give his life for the life of the child; if it were not form, he shall be punished with a pecuniary mulct to her husband 
* Exod. 21. 22. The Septuagint seem to have taken 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (death) for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a diminutive of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a man: as Cornel. à Lapid. probably guesses. : applying that to the issue, which the Vulgar Latin understands of the mother; and making the supposition to be of a formation and life; which the Latin more agreeably to the Original, makes to be Death; and our English, with 
† Castal. Si pernicies non fucrit: Ours, if no mischief follow.  Castalion expresses by Mischief: but whether the Mischief be meant of the death of the mother, or of the late-living issue, the Scripture hath not declared: 
* Cornel. a Lap. in Exod. 21.  Cornelius à Lapide taking it expressly of the mother's death, yet draws the judgement out, in an equal length to the death of the child, once animated; making no difference of the guilt; since the infant's soul is of no less worth, then hers that bears him.  
In this case of the conception animated, I find the Casuists much divided; Whiles some more tender than their fellows, will not allow in the utmost extremity of a dying mother, a medicine that may be directly curative to be given her, if it should be with any apparent danger of the child; in case that the child may be probably drawn forth alive; which they do upon this false and bloodily uncharitable ground, 
* Vel. ut alii, Quorum animae certissimè in limbum descendunt sine Baptismo. Mart. Alphons. Viu. Explan. Bullae de abort.  that the child dying without Baptism, is liable to eternal damnation; which woeful danger therefore the mother ought to prevent, though with the certain hazard of her own life: but the foundation of this judgement being unsound, (since to doom the children of believing Parents inevitably to hell for the want of that which they are not possibly capable to receive, is too cruel and horrible) the structure must needs totter. These men whiles they profess themselves too careful of the soul of the child (which yet may perhaps be safer than their own) seem to be some what too hard hearted to the body of the mother.  

* Rodr. Sum. To. 1. ca 5. de Abort.  Others more probably hold, that if the case be utterly desperate, and it be certain that both mother and child must undoubtedly perish if some speedy remedy be not had; it may then be lawful to make use of such receipts as may possibly give some hopes to save the mother though not without some peril of the child.  
But all this while, the intentions, and endeavours must be no other than preservatory; however it pleaseth God to order the events: Shortly, no man that purposely procureth an abortion, as such, can wash his hands from blood; No woman that wilfully acts, or suffers it, (how ever the secrecy may exempt her from the danger of human laws) can think to avoid those judgements of the righteous God, which he hath charged upon murderers.  
I cannot here therefore forbear to give the world notice of the impious indulgence of a late Pope in this kind; Sixtus quintus, who in our time sat in the See of Rome, finding the horrible effects of that liberty, which too many both secular and religious persons took to themselves in this matter of abortion; in a just detestation of that damnable practice, thought meet in much fervour of spirit to set forth his Bulla Cruciatae; then which there was never a more zealous piece, published to the world; wherein that Pope pronounces all those which have any hand in the acting or procuring of this wicked fact, of the ejecting of conceptions, whether animate or inanimate, form, or informed, by potions, or medicaments, or any other means whatsoever, to have incurred both the crime and punishment of manslaughter: charging due execution to be done upon such persons accordingly: And withal in a direful manner excommunicates them, and sends them to hell, (without repentance) reserving the absolution solely to himself and his successors.  
Now comes a late 
* Vid. Rodrig. ubi supra.  successor of his, Gregory 14; who finding the sentence too unreasonably hard for his petulant, and thrifty Italians, and, indeed, for all loose persons of both sexes; mitigates the matter; and, as a Spanish Casuist expresses it truly, in the very first year of his Pontificate in a certain Constitution of his, dated at Rome, the last day of May, 1591. delevit censuras, quas Sixtus V. imposuerat contra facientes, procurantes, etc. abolished and took off those heavy censures, which 
* Constit. Greg. 14. Quae dicit quod quivis Confessor approbatus ab Ordinario potest absolvere à peccato abortus. Ibid.  Sixtus had imposed; and reduced the terrible punishments by him ordained to be inflicted unto a poor bare irregularity; and determines, that any Confessor allowed by the Ordinary, may absolve from this sin of procured abortion: By the sleightness of the censure, in effect, animating the sin: An act well becoming the mother of Fornications: After all which Pandarism, let all good Christians know, and resolve the crime to be no less than damnable.  
But withal, let me advice you, (with 
* Murt. Alphons. Vivald. expli. Bull. Cruc.  Martinus Vivaldus) that what I have herein written against the procurers of abortions, may not be extended to the practice of those discreet Physicians, and Chirurgeans, who being called to for their aid in difficult and hopeless childbirths, prescribe to the woman in travail, such receipts, as may be like to hasten her delivery, (whether the child be alive or dead:) forasmuch as the conception is now at the full maturity; and the endeavour of these Artists is not to force an aborsement, but to bring forward a natural birth, to the preservation of the mother, or the child, or both.   

CASE IU.  
Whether a man adjudged to perpetual imprisonment, or death, may in conscience endeavour, and practise an escape.  
WHat the Civil or Common laws have in this case determined for the public good, comes not within the compass of our disquisition: Let the Gaurdians, and Ministers of those laws look carefully to the just execution of them accordingly: The question is only of the law of private conscience; how far that will allow a man to go in case of a sentence passed upon him, whether of death or bonds.  
And first of all; if such sentence be unjustly passed upon an innocent, no man can doubt, but that he may most lawfully by all just means work his own freedom: But if an offender, what may he do? The common opinion of Casuists is peremptory; 
* Qui retinetur in carcere propter aliquod delictum, etc. Rodrig. Sum. cap. 40.  That he that is kept in prison for any offence whereupon may follow death, or loss of limb, whether the crime be public or private, may lawfully flee from his imprisonment, and may for that purpose use those helps of filing, or mining, which conduce to this purpose: Their ground is, that universal rule, and instinct of selfe-preservation, which is natural to every creature; much more eminent in man, who is furnished with better faculties than the rest, for the working of his own indennity: Whereto is added that main consideration of Aquinas; That no man is bound to kill himself, but only doomed to suffer death; not therefore bound to do that upon which death will inevitably follow, which is to wait in prison for the stroke, if he may avoid it; it is enough that he patiently submits to what the law forces upon him, though he do not cooperate to his own destruction: his sentence abridges him of power, not of will to depart: Whereupon they have gone so far, as to hold it in point of conscience not unlawful for the friends of the imprisoned, to convey unto him files, and cords, or other instruments useful for their escape: But herein some better-advised Doctors have justiy dissented from them; as those, whose judgement hath not been more favourable to malefactors, then dangerous and prejudicial to the Commonwealth: for how safe soever this might seem in lighter trespasses, yet if this might be allowed as in conscience lawful to be done to the rescue of murderers, traitors, or such other flagitious villains, what infinite mischief might it produce? and what were this other then to invite men to be accessary to those crimes, which the law in a due way intends to pwish? Certainly, by how much a more laudable act of Justice it is, to free the society of men from such wicked miscreants, by so much more sinful and odious an office it were, to use these sinister means for their exemption from the due course of Justice; But howsoever for another man to yield such unlawful aid, is no better than a foul affront of public Justice, and enwrappes the agent in a partnership of crime; yet the law of nature puts this liberty upon the restrained party himself, both to wish and endeavour his own deliverance: Although not so; but that if the prisoner have engaged himself by solemn promise, and oath to his keeper, not to depart out of his custody; honesty must prevail above nature; and he ought rather to die, then violate that bond which is stronger than his irons: Very Heathens have by their example taught us this lesson; To regard our fidelity, more than our life: Thus it should be, and is, with those that are truly Christian and ingenuous, under what ever captivity; but in the case of graceless and felonious persons, Gaolers have reason to look to their bolts and locks; knowing (according to the old rule of wise Thales) that he who hath not stuck at one villainy, will easily swallow another; perjury will easily down with him, that hath made no bones of murder.  
But where the case is entire, no man can blame a captive if he would be free; and if he may untie the knot of a cord, wherewith he was bound; why may he not unrivet, or grate an iron wherewith he is fettered? for so much as he is not bound, to yield, or continue a consent to his own durance: This charge lies upon the keeper, not the prisoner.  
A man that is condemned to perish by famine, yet if he can come by sustenance may receive, and eat it: That Athenian malefactor, in 
* Val. Max. l. 5. Dom. Sot. de Jure, etc. l. 5. g. 5.  Valerius Maximus, sentenced to dye by hunger, was never found fault with, that he maintained himself in his dungeon by the breasts of his good-natured daughter.  
And if a man be condemned to be devoured by a Lion, there can be no reason why he should not (what he may) resist that furious beast, and save his own life.  
But when I see our Romish Casuists so zealously tender in the case of Religious persons, as that they will not allow them upon a just imprisonment to stir out of those grates whereto they are confined by the doom of their Prelates; And when I see the brave resolutions of holy Martyrs, that even when the doors were set open, would not flee from a threatened death, I cannot but conclude, that whatsoever nature suggests to a man, to work for his own life or liberty, when it is forfeited to Justice, yet that it is meet and commendable in a true penitent, when he finds the doom of death or perpetual durance justly passed upon him, humbly to submit to the sentence; and not entertain the motions and means of a projected evasion: but meekly to stoop unto lawful authority, and to wait upon the issue whether of Justice, or Mercy: and at the worst, to say with him in the Poet, Merui, nec deprecor.   

CASE V.  
Whether, and how far a man may be urged to an Oath.  
AN Oath, as it is a sacred thing, so it must be no otherwise then holily used; whether on the part of the giver, or taker; & therefore may neither rashly be uttered, nor unduly tendered upon sleight, or unwarrantable occasions: We have not to do here with a promissory oath, the obligation whereof is for another inquisition; It is the assertory oath that is now under our hand; which the great God by whom we swear, hath ordained to be an end of controversies; At the mouth of two or three witnesses shall the matter be established, Deuter. 19 15. & 17. 6. As for secular titles of mine, or thine, the propriety of goods, or lands, next after written evidences, testimonies upon Oath must needs be held most fitly decisive; the only scruples are wont to be made in causes criminal.  
1. Wherein surely we may lay this undoubted ground, that no man is to be proceeded against without an accuser, and that accusation must be made good by lawful witnesses: A Judge may not cast any man upon the plea of his own eyesight: should this liberty be granted, Innocence might suffer, and Malice triumph: Neither may any man be condemned upon hearsay; which how commonly false it is, daily experience sufficiently evinceth.  
On the other side, men are apt enough to connive at each others wickedness; and every man is loath to be an Informer, whether out of the envy of the office, or out of the conscience of his own obnoxiousness.  
And yet thirdly, it is requisite that care should be taken, and all due means used by authority, that the world may not be overrun with wickedness; but that vice may be found out, repressed, punished.  
There cannot, fourthly, be devised a fairer, and more probable course for the effecting hereof, then by the discovery upon oaths of the officers and Jurors in Assizes, and Sessions; and of Churchwardens, and Sidemen in Visitations.  
The ground of all presentments to, or by these men must be either their own knowledge, or public fame, or an avowed information. Any of these gives a lawful hint to the Judge, whether Ecclesiastical or Civil, to take full trial of the cause and person.  
Knowledge is always certain, but fame is often a liar; and therefore every idle rumour must not be strait taken upon trust; the inconvenience and injury whereof I have often seen; when some malicious person desiring to do a despite to an innocent neighbour, raises a causeless slander against him, whispers it to some dis-affected Gossips, this flies to the care of an Apparitor; he strait runs to the Office, and suggests a public fame; the honest man is called into the Court; his reputation is blurred in being but summoned; and after all his trouble and disgrace hath his amends in his own hands.  
The rule of some Casuists, that ten tongues make a fame, is groundless and insufficient; neither is the number so much to be regarded as the quality of the persons.  
If a whole pack of debauched companions shall conspire to stain the good name of an innocent (as we have the often known) it were a shameful injustice to allow them the authors of a fame: the more judicious Doctors have defined a public fame by the voice of the greater part of that Community, wherein it is spread, whether Town, Parish, City: and therein of those that are discreet, honest, well behaved. We are wont to say, Where there is much smoke, there is likely some fire: an universal report from such mouths, therefore, may well give occasion to a further inquiry. If any man's zeal against vice will make it a matter of instance, the case is clear, and the proceeding unquestionable; But if it be matter of mere office, the carriage of the process may be liable to doubt; Herein it is meet such course be taken, as that neither a notorious evil may be smothered, nor yet innocence injured: To which purpose the most confident reporter may be called upon (because fame hath too many tongues to speak at once) to lay forth the grounds of that his whispered crimination; and if the circumstances appear pregnant, and the suspicions strong, I see not why the Ecclesiastical Judge (for with him only in this case I profess to meddle) may not convent the person accused, lay before him the crime which is secretly charged upon him; and either upon his ingenuous confession, enjoin him such satisfaction to the scandalized Congregation as may be most fit, or upon his denial urge him to clear himself by lawful witnesses, of the crime objected; Or why he may not, if he see further cause, appoint a discreet and able prosecutor to follow the business in a legal way; upon whom the accused, if he be found guiltless, may right himself.  
But all this while, I find no just place for an oath to be administered to a man for his own accusation; which certainly, is altogether both illegal, and unreasonable; If a man will voluntarily offer to clear himself by an Oath, out of the assuredness of his own innocence, he may be allowed to be heard, but this may neither be pressed to be done, nor yet conclusive, when it is done; for both every man is apt to be partial in his own case, and he that durst act a foul sin will dare to face it. It was ever therefore lawful (even when Ecclesiastical Inquisitions were at the highest) for a man to refuse answer to such questions upon oath, or otherwise, which tended to his own impeachment; as unjustly, and unwarrantably proposed: and it was but a young determination of 
* Silvestr. V. Correct. Dom. Sot. l. 5. de Jure, q. 4. Lesle. de Judice l. 2. c. 29.  Aquina, when he was only a Bachelor, in the General Chapter at Paris, contradicted by all the ancient Graduates there, that when the crime is notorious, and the author unknown, the secret offender is bound upon his Ordinaries charge and command, to reveal himself.  
Even the Spanish Casuists, the great favourers and abettors of the Inquisition, teach that the Judge may not of himself begin an inquiry, but must be led by something which may open a way to his search, and as it were force him to his proceeding, ex officio, as public notice, infamy, common suspicion, complaint; otherwise, the whole process is void in law; although herein some of them go too far in favour of their great Diana, that where the crime is known, and the author unknown, the Judge may in a generality inquire of him that did it, and if he have any private information (though without any public fame foregoing) he may in foam cases, raise a particular inquisition upon the party, and call him to defend himself; which course certainly, gives too much advantage to private malice; and opens too much way to the wronging of Innocence. The fair way of proceedings in all Christian Judicatures, should be, by accuser, witness, and Judge; in distinct persons, openly known; the accuser complains, the witness evinceth, the Judge sentences: The one may not be the other; much less all three: Were that to be allowed, who could be innocent.?  
When a witness than is called before a competent Judge, to give evidence upon oath concerning a third person, in a matter cognoscible by that Jurisdiction, he is bound to swear in truth, in judgement, and in righteousness; Jer. 4. 2. as for his own concernments, he must refer himself to the testimonies and oaths of others.   

CASE VI.  
Whether a Judge may upon allegations, proofs, and evidences of others, condemn a man to death, whom he himself certainly knows to be innocent.  
THe question hath undergone much agitation; The stream of all ancient Divines, and Casuists runs upon the affirmative; their ground is, that the Judge as he is a public person, so in the seat of Judicature he must exercise a public authority; and therefore waving his private knowledge and interest, must sentence according to the allegations and proofs brought before him; since he is a Judge of the cause, not of the law; whereof he is to be the servant, not the master: There he sits not to speak his own judgement, but to be the mouth of the law, and the law commands him to judge according to the evidence; the evidence therefore being clear and convictive, the doom can be no other than condemnatory.  
For my part, I can more marvel at their judgement herein, then approve it; professing for the negative, with some fewer and latter Authors, upon these sure grounds.  
It is an evident and undeniable law of God which must be the rule of all Judges; The innocent and the righteous slay thou not, Exod. 23. 7. This is a Law neither to be avoided, nor, dispensed with: Accusations and false witnesses cannot make a man other then innocent; they may make him to seem so; in so much as those that know not the cause exactly, may perhaps be misled to condemn him, in their judgements: But to the Judge, whose eyes were witnesses of the party's innocence, all the evidence in the world cannot make him other then guiltless; so as that Judge shall be guilty of blood, in slaying the innocent, and righteous.  
Secondly, the law of judging according to allegations and proofs is a good general direction in the common course of proceedings; but there are cases wherein this law must veil to an higher, which is the law of Conscience: Woe be to that man who shall tie himself so close to the letter of the law, as to make shipwreck of conscience; And that bird in his bosom will tell him, that if upon what ever pretences, he shall willingly condemn an innocent, he is no better than a murderer.  
Thirdly, it is not the bare letter of the law that wise men should stand upon, but the drift and intention of the law; of that, we may in some sense say as the Apostle did of an higher law, The letter killeth. Now every reasonable man knows that the intention of the law, is to save and protect the Innocent; to punish only the guilty: The Judge therefore shall be a perverter of law, if, contrary to his knowledge, he shall follow the letter against the intention, in condemning an Innocent.  
Let no man now tell me, that it is the law that condemns the man, and not the Judge; This excuse will not serve before the Tribunal of heaven; The law hath no tongue; It is the Judge that is lex loquens; If he then shall pronounce that sentence which his own heart tells him is unjust and cruel, what is he but an officious minister of injustice? But, indeed, what law ever said, Thou shalt kill that man whom thou knowest innocent, if false witness will swear him guilty? This is but a false gloss set upon a true text, to countenance a man in being an instrument of evil.  
What then is in this case to be done? Surely, as I durst not acquit that Judge, who under what ever colour of law should cast away a known Innocent, so I durst not advice against plain evidences and flat dispositions, upon private knowledge, that man to be openly pronounced guiltless; and thereby discharged; for as the one is a gross violation of justice; so were the other a public affront to the law; and of dangerous consequence to the weal-public: Certainly, it could not but be extremely unsafe, that such a gap should be opened to the liberty of judgement, that a private breast should be opposed (with an apparent prevalence) against public convictions: Our Casuists have beaten their brains to find out some such evasions, as might save the innocent from death, & the Judge from blood-guiltiness: Herein therefore they advice the Judge to use some secret means to stop the accusation or indictment; (a course that might be as prejudicial to justice, as a false sentence) To sift the witnesses apart, as in Susannaes' case, and by many subtle interogations of the circumstances to find their variance or contradiction. If that prevail not, Cajetan goes so far, as to determine it meet (which how it might stand with their law, he knows, with ours it would not) that the Judge should before all the people give his oath, that he knows the party guiltless; as whom he himself saw at that very hour in a place far distant from that, wherein the fact is pretended to be done: Yea 
* Dom. à Sot. de Jure, etc. l. 5. qu. 4.  Dominicus à Soto could be content (if it might be done without scandal) that the prisoner might secretly be suffered to slip out of the gaol, and save himself by flight. Others think it the best way, that the Judge should put off the cause to a superior Bench; and that himself should (laying aside his scarlet) come to the Bar, and as a witness avow upon oath the innocence of the party, and the falsity of the accusation: Or lastly, if he should out of malice, or some other sinister ends (as of the forfeiture of some rich estate) be pressed by higher powers to pass the sentence on his own Bench, that he ought to lay down his Commission, and to abdicate that power he hath, rather than to suffer it forced to a willing injustice.  
And truly were the case mine, after all fair and lawful endeavours to justify the innocent, and to avoid the sentence, I should most willingly yield to this last resolution: Yea rather myself to undergo the sentence of death, then to pronounce it on the knowne-guiltlesse; hating the poor pusillanimity of Dominicus à Soto 
* Etenim quod homo qui officio suo vivit debeat tantam jacturam facere, durum creditu est. Dom. Sot. ubi supra. , that passes a nimis creditu rigidum, upon so just a determination; and is so weakly tender of the Judge's indemnity, that he will by no means hear of his wilful deserting of his office on so capital an occasion.  
In the main cause of life & death, I cannot but allow and commend the judgement of Leonardus Lessius; but when the question is of matters Civil, or less criminal, 
† In causis civilibus et minus criminalibus.  I cannot but wonder at his flying off; In these wherein the business is but pecuniary, or banishment, or loss of an office, he holds it lawful for the Judge, (after he hath used all means to discover the falseness of the proofs, and to hinder the proceedings, if thus he prevails not) to pass sentence upon those allegations and probations, which himself knows to be unjust.  
The reasons pretended are as poor as the opinion; 
* Lesle. de Jure, etc. l. 2. de Judice Dub. 10. Quia resp. habeat authoritatem disponendi, etc.  For, saith he, the Commonwealth hath authority to dispose of the estates of the subjects, and to translate them from one man to another, as may be found most availing to the public good; and here there appears just cause so to do, lest the form of public judgements should be perverted, not without great scandal to the people; neither is there any way possible to help this particular man's inconvenience and loss; therefore the Commonwealth may ordain that in such a case the Judge should follow the public form of Judicature, though hereby it falleth out that a guiltless man is undone in his fortunes; and yet his cause known to be good by him that condemns it. Thus he.  
But what a loose point is this? why hath not a man, as true propiety in his estate as his life? or what authority hath the Commonwealth, causelessly to take away a man's substance or inheritance (being that he is the rightful owner) more than a piece of himself? When his patrimony is settled upon him and his in a due course of law and undoubted right of possession, what just power can claim any such interest in it as without any ground of offence to dispossess him? Or what necessity is there that the form of public judgements should be perverted, unless an honest defendant must be undone by false sentence? Or rather is not the form of public judgement perverted, when innocence suffers for the maintenance of a formality? Or how is the Judge other than a partner in the injury, if for want of his seasonable interposition a good cause is lost, and a false plea prevails?  
That therefore, which in the second place he allegeth, that the Subject can have no reason to complain of the Judge, for as much as it is out of his power to remedy the case, and to pass other sentence than is chalked forth by the rule of law; might as well be alleged against him in the plea of life and death, wherein he will by no means allow the Judge this liberty of an undue condemnation; neither is there any just pretence why an honest and well-minded Judge should be so sparing in a case of life, and so too prodigal in matter of livelihood.  
As for his third reason, that the mis-judgment in case of a pecuniary damage or banishment, may be afterwards capable of being reversed, and upon a new Traverse the cause may be fetched about at further leisure; whereas death once inflicted is past all power of revocation; It may well infer that therefore there should be so much more deliberation, and care had in passing sentence upon capital matters, then civil, by how much life is more precious, and irrevocable, than our worldly substance; but it can never infer that injustice should be tolerable in the one, not in the other. Justice had wont to be painted blindfold, with a pair of scales in her hand; wherefore else, but to imply that he who would judge aright, must not look upon the issue or event, but must weigh impartially the true state of the cause in all the grounds, and circumstances thereof, and sentence accordingly? To say then that a Judge may pass a doom formally legal, but materially unjust, because the case upon a new suit may be righted, were no other than to say, I may lawfully wound a man, because I know how to heal him again.  
Shortly therefore, whether it be in causes crimiall, or civil, whether concerning life, or estate, let those who sit in the seat of Judicature, as they will answer it before the great Judge of the world, resolve (what event soever follow) to judge righteous judgement, not justifying the wicked, not condemning the innocent; both which are equally abominable in the sight of the Almighty.   

CASE VII.  
Whether, and in what cases am I bound to be an accuser of another.  
TO be an accuser of others, is a matter of much envy, and detestation; in so much as it is the style of the Devil himself to be accusator fratrum, an accuser of the brethren: Yet not of his own brethren in evil; It was never heard that one evil spirit accused another; but of our brethren; Revel. 12. 10. it was a voice from heaven which called him so: Saints on earth are the brethren of the glorious spirits in heaven; It is the wickedness of that malicious spirit to accuse Saints: But though the act be grown into hatred, in respect both of the agent and of the object; yet certainly there are cases wherein it will become the Saints to take upon them the person, and office of accusers.  
Accusation therefore is either voluntary, or urged upon you by the charge of a superior. Voluntary is either such as you are moved unto by the conscience of some heinous and notorious crime committed, or to be committed by another, to the great dishonour of God, or danger of the common peace, whereto you are privy: or such as whereunto you are tied by some former engagement of vow, or oath: In the former kind; a worthy Divine in our time travailing on the way, sees a lewd man committing abominable filthiness with a beast; the sin was so foul and hateful, that his heart would not suffer him to conceal it; he therefore hastens to the next Justice, accuses the offender of that so unnatural villainy; the party is committed, indicted, and upon so reverend (though single) testimony found guilty.  
Or, if in the case of a crime intended, you have secret, but sure intelligence, that a bloody villain hath plotted a treason against the sacred person of your Sovereign, or a murder of your honest neighbour; which he resolves to execute; should you keep this fire in your bosom, it might justly burn you. Whether it be therefore for the discovery of some horrible crime done, or for the prevention of some great mischief to be done, you must either be an accuser, or an accessary.  
The obligation to accuse is yet stronger where your former vow or oath hath fore-ingaged you to a just discovery; You have sworn to maintain and defend his Majesty's royal person, state, dignity; and to make known those that wilfully impugn it; if now, you shall keep the secret counsels of such wicked designments, as you shall know to be against any of these, how can you escape to be involved in a treason, lined with perjury?  
These are accusations which your conscience will fetch from you, unasked; But if being called before lawful authority, you shall be required upon oath, to testify your knowledge even concerning offenders, of an inferior nature; you may not detract your witness, though it amount to no less than an accusation. Yet there are cases, wherein a testimony thus required, tending to an accusation, may be refused; As in case of duty, and nearness of natural, or civil relation; It were unreasonably unjust for a man to be pressed with interrogations, or required to give accusatory testimonies in the case of parents, or children, or the partner of his bed: Or if a man out of remorse of conscience shall disclose a secret sin to you formerly done, in a desire to receive counsel, and comfort from you; you ought rather to endure your soul to be fetched out of your body, than that secret to be drawn out of your lips: Or if the question be illegal, as those that tend directly to your own prejudice; or those which are moved concerning hidden offences, not before notified by public fame, or any lawful ground of injury, which therefore the Judge hath no power to ask; In these cases, if no more, the refusal of an accusation, though required, is no other than justifiable.  
But where neither the conscience of the horridness of a crime done; nor prevention of a crime intended, nor duty of obedience to lawful authority; nor the bond of an inviolable pre-ingagement, call you to the Bar; It is not a more uncharitable, then thankless office to be an accuser: Hence it is that Delators, and Informers, have in all happy and well-governed States, been ever held an infamous and odious kind of cattle. A Tiborius, and a Domitian, might give both countenance and rewards to them, as being meet factors for their tyranny, but a Vespasian, and Titus, and Antoninus Pius, and Macrinus, or what ever other Princes carried a tender care to the peace and welfare of their subjects, whipped them in the public Amphitheatre, and abandoned them out of their dominions, as pernicious, and intolerable. And as these mercenary Flies, whether of State, or of Religion, are justly hateful, next to the public executioners; so certainly, those busy spirited men, which out of the itching humour of meddling, run from house to house, with tales of private detraction, may well challenge the next room in our detestation. This together with the other, is that which God so strictly forbids in his Law, Levit. 19 16. Thou shalt not go up and down as a Tale-bearer amongst thy people, neither shalt thou stand against the blood of thy neighbour: I am the Lord. A practice which wise Solomon, though a great King; and (as one would think) out of the reach of tongues, cries down with much feeling bitterness; Prov. 18. 8. The words of a Tale bearer are as wounds, and they go down into the innermost parts of the belly: No less than five several times in his divine 
* Prov. 11. 13. 20. 19 26. 20. 26. 2.  Proverbs, inveighing sharply (as if himself had been stung in this kind) against these close, backbiting calumniations.  
Shortly then, accuse when you are forced, either by the foulness of the fact, or the necessity of your duty: otherwise reserve your tongue for better offices.   

CASE VIII.  
Whether a prisoner indicted of a felonious act, which he hath committed, and interrogated by the Judge concerning the same, may stand upon the denial, and pled not guilty.  
THe Casuists vary; and out of respect to their own Laws, are much perplexed in their resolutions: making the great scruple to be in the Juridical interrogations, (which if the Judge have not proceeded in the due forms of law required in such cases) may warrant the offender's denial; and secondly, making difference of the quality of the offence, and danger of the punishment; which if no less than capital, may (say they 
* Rodriguez. Tract. Ordinis Judicialis. cap. 10. ) give just ground to the accused party, either to conceal the truth, or to answer with such amphibolies, and equivocations, as may serve to his own preservation; in which course, natural equity will bear him out, which allows every man to stand upon his own defence: And the case I perceive is aggravated in foreign parts, as by the Rack, so by an Oath administered to the person accused, (which they call 
† Sotus l. 5. q. 6. de Justi. 11. Rei, Art. 1.  Juramentum calumniae) which Lessius justly calls a spiritual torture, by the virtue whereof, he is solemnly urged, not to deny what he knows, or believes to be true, concerning the business questioned; A practice, which I cannot blame 
* Les. de jur. l. 2. cap. 13. dub. 3a.  Lessius, if he profess to wish that the Pope, and all secular Princes, would join together to abrogate; as being an evident occasion of much perjury. To lay down and determine the case as it stands with us in our ordinary proceedings of justice; it must be premised:  
1. To deny a known truth, and to aver a wilful lie, cannot be other than a sin.  
2. There is a vast difference betwixt concealing a Truth and denying it.  
3. It may be sometimes lawful to conceal some Truths, though never lawful to deny, or contradict them.  
4. No man can be bound directly to accuse himself.  
5. It is consonant to natural equity, that a man for the saving of his life should use the help of all evasions that are not sinful.  
6. It cannot be sinful to put himself upon a legal trial in a case importing his life.  
7. There is no place for a legal trial, where there is an absolute confession of guiltiness.  
These positions being pre-required; I say, that it is lawful for the prisoner, though convinced in his conscience of the fact, yet to pled Not guilty to the Indictment at the Bar: for as much as he doth therein, according to the sense both of the Judge, and Jury, only hide and keep back that Truth; the finding out, and eviction whereof, lies upon their further search and proof; so as he doth, in pleading Not guilty, in effect as good as say, What ever I find in myself, I have no reason to confess my guiltiness; I stand upon my lawful defence, and cast myself upon my just trial; Yielding myself only so far guilty, as your evidence and proofs can make me: let Justice pass upon me, I have no reason to draw on my own condemnation: The plea thus construed is lawful, and just; wherein not the shuffling equivocations of the offendor, but the upright verdict of a legal Jury must carry the cause: to which purpose, that which sounds as a denial in the accused, is nothing else but a professed referring himself to a juridical trial of that fact which he is not bound to confess.  
But when the hand of God hath once found out the man in his sin; and he finds himself legally convinced of his crime; it greatly behoves him (as Joshua charged Achan after the lot had discovered his sin) to give glory to God, in a free and full confession of his wickedness, and to be more open and ingenuous in his acknowledgement, than he was close, and reserved in his plea: wherein as he shall discharge his conscience to that great and holy God, whom he hath offended, so he shall thus tender some kind of poor satisfaction to that society of men, whom he hath scandalised by his crime. In which regard I cannot but marvel at the strange determination of learned 
* Mart. Azpil. Navar. enchirid. cap. 25. num 38.  Azpilcueta, the Oracle of Confessaries, who teaches, that the prisoner, who being rightly interrogated by the Judge, stood stiffly in denial of the fact, and is upon his Condemnation, carried to his execution, is not bound at his death to confess the crime to the world, if he have before secretly whispered it in the ear of his ghostly father, and by him received absolution.  
A sentence that allows the smothering of truths, and the strangling of just satisfaction to those who are concerned, as patience, in the offence; and lastly, highly injurious to public Justice; whose righteous sentence is by this means left questionable, and obnoxious to unjust censure.  
How much more requisite were it that a public confession should, in this case, save the labour of a private, whereby certainly, the soul of the offender would be more sensibly unloaded, justice better vindicated, more glory would accrue to God; and to men, more satisfaction.  
But however it be lawful for the accused to stand upon these points of legality in the proceedings against him: yet for my own part; should I be so far given over, as to have my hand in blood; and thereupon be arraigned at the bar of public Justice; I should out of just remorse be the first man that should rise up against myself; and (which in other men's cases were utterly unlawful) be my own accuser, witness, and Judge: and this disposition I should rather commend in those, whose conscience hath inwardly convicted them for heinous criminous: that since they had not the grace to resist so flagitious a wickedness; they may yet endeavour to expiate it, before men, with an ingenuous confession: as before God, with a deep and serious repentance.   

CASE IX.  
Whether, and how far a man may take up arms in the public quarrel of a war.  
War is no other than a necessary evil, necessary in relation to peace: only, as that without which so great a blessing cannot be had: As the wise woman said to Joab, 2 Sam. 20. 18. they should first treat with the men of Abel, ere they smite: & upon the charge of the Lord of hosts, Deut. 20. 10. conditions must first be tendered even to heathen enemies, before any acts of hostility shall be exercised; where this which is the worst of all remedies, proves needful, if you ask how far it is lawful to engage; I must ask you, (ere I can return answer) first of the justice of the quarrel: for surely, where the war is known to be unjust, the willing abettors of it cannot wash their hands from blood: To make a war just (as our Casuists rightly) there must be a lawful authority to raise it; a just ground whereon to raise it; due forms and conditions in the raising, managing, and cessation of it: That no authority less than supreme can wage a war, it is clear in nature; for that none other besides it can have power of life and death; which both must lie at the public stake in war.  
That none but a just and weighty cause can be the ground of a war, every man's reason apprehends; for how precious a blessing had that need to be, that is held worth the purchasing with the price of so much blood; and how heavy a curse must that needs be, which can only be remedied, or prevented by so grievous a judgement as war?  
That due terms and conditions are requisite to be offered ere war be undertaken; and observed in the managing, and ceasing of it, humanity itself teacheth us; without which men should run upon one another with no less fury and disorder then beasts; not staying for any capitulation but the first advantage; nor terminating their discord in any thing but utter destruction.  
Where all or any of these are wanting, the war cannot be just: and where it is known not to be such, woe be to those hands that are willingly active in prosecuting it.  
Now the care of all these three main requisites must lie chiefly upon that Power which is entrusted by the Almighty with the overruling of public affairs: For the Subject, as he is bound to an implicit reliance upon the command of the supreme power; so (unless it be in a case notoriously apparent to be unjust) must yield a blindfold obedience to authority; going whither he is led, and doing what he is bidden; But if the case be such, as that his heart is fully convinced of the injustice of the enterprise, and that he clearly finds that he is charged to smite Innocence and to fight against God; I cannot blame him, if with Saul's footmen (when they were commanded to fall upon the Priests of the Lord) he withhold his hand, and craving pardon, show less readiness to act, then to suffer.  
In the second place, I must ask you with what intentions you address yourself to the field; If it be out of the conscience of maintaining a just cause, if out of a loyal obedience to lawful authority: I shall bid you go on, and prospero: but if either malice to the parties opposed, and therein desire of revenge, or a base covetousness of pay, or hope and desire of pluuder have put you into arms: repent and withdraw: For what can be more sordid, or cruel, then to be hired for dayes-wages to shed innocent blood? Or what can be more horribly mischievous for a man, then to kill, that he may steal?  
Upon your answer to these questions it will be easy for me to return mine; In a just quarrel, being thereto lawfully called, you may fight; warrantable authority hath put the sword into your hand; you may use it. But take heed that you use it with that moderation, and with those affections that are meet: Even an authorised hand may offend in striking; Magistrates themselves, if there be revenge in their executions, do no other than murder: Far be it from you to take pleasure in blood; and to enjoy another man's destruction: If (especially in those wars that are intestine) you shall mingle your tears with the blood which you are forced to spill, it may well become Christian fortitude.  
Shortly; do you enter into your arms, impressed, or voluntary? If the former, you have nothing but your own heart to look unto for a fit disposition; That Power, whom you justly obey, must answer for the cause; If the latter, you have reason diligently to examine all the necessary points, of the Power, of the cause, of your intentions: as well considering that in a war it is no less impossible that both sides should be in the right, then that in a contradiction both parts should be true: Here therefore your will makes itself the Judge of all three; and (if any of them fail) leaves you answerable for all miscarriages; so as you had need to be carefully inquisitive, in this case, upon what grounds you go; that so (whatsoever may befall) a good conscience may bear you out in the greatest difficulties, and saddest events that are wont to attend upon war.   

CASE X.  
Whether and how far a man may act towards bis own Death.  
DIrectly to intend or endeavour that which may work his own death, is abominably wicked, and no less than the worst murder.  
For if a man may not kill another, much less himself; by how much he is nearer to himself then to another: and certainly if we must regulate our love to another by that to ourselves, it must follow that love to ourselves must take up the first room in our hearts: and that love cannot but be accompanied with a detestation of any thing that may be harmful to ourselves. Doubtless, many that can be cruel to another are favourable enough to themselves; but never man that could be cruel to himself would be sparing of another's blood.  
To will or attempt this is highly injurious to that God, whose we only are; who hath committed our life as a most precious thing to our trust, for his use, more than our own; and will require from us an account of our managing of it, and our parting from it. It is a foul misprision in those men, that make account of themselves as their own, and therefore that they are the absolute Lords of their life: Did they give themselves their own being; had they nothing but mere nature in them; can they but acknowledge an higher hand in their formation, and animating? What a wrong were it therefore to the great Lord and giver of life, to steal out of the world, without his leave that placed us there? But much more if Christians, they know themselves, besides, dearly paid for; and therefore not in their own disposing, but in his that bought them. Secondly, most desperately injurious to ourselves, as incurring thereby a certain damnation (for aught appears to lookers on) for ever, of those souls which have wilfully broken Gods more easy, and temporary prison, to put themselves upon the direful prison of Satan to all eternity.  
Nature itself, though not enlightened with the knowledge of the estate of another world, found cause to abhor this practice: However the Stoical Philosophers, and some high Roman spirits following their doctrine, have been liberal of their lives; the Thebans of old professed detestation of this worst of prodigalities: And the Athenians enacted that the hand which should be guilty of such an act, should be cut off, and kept unburied; And it was wisely ordained by that Graecian Commonwealth, when their Virgins (out of a peevish discontentment) were grown into a selfe-killing humour, that the bodies of such offenders should be dragged naked through the streets of the city; the shame whereof stopped the course of that mad resolution.  
It is not the heaviest of crosses, or the sharpest bodily anguish that can warrant so foul an act. Well was it turned off by Antisthenes of old, when in the extremity of his pain he cried out; O who will free me from this torment! and Diogenes reached him a poniard, wherewith to dispatch himself: Nay, said he, I said, from my torment, not from my life: as well knowing it neither safe, nor easy, to part with ourselves upon such terms.  
far, far be it from us to put into this rank and file those worthy Martyrs, which in the fervour of their holy zeal have put themselves forward to martyrdom; and have courageously prevented the lust and fury of Tyrant's, to keep their chastity, and faith inviolable. I look upon these as more fit objects of wonder, then either of censure, or imitation. For these (whom we may well match with Samson, and Eleazar) what Gods spirit wrought in them, he knows that gave it; Rules are they by which we live, not examples.  
Secondly, However we may not by any means directly act to the cutting off the thread of life; yet I cannot but yield with learned 
* Lesle. de Jure l. 2. c. 9 dub. 6.  Lessius, that there may fall out cases, wherein a man may (upon just cause) do, or forbear something whereupon death may indirectly ensue: Indirectly, I say, not with an intention of such issue. For it is not an universal charge of God, that no man should upon any occasion expose his life to a probable danger; if so, there would be no war, no traffic; but only that he should not causelessly hazard himself; nor with a resolution of wilful miscarriage.  
To those instances he gives of a soldier that must keep his station, though it cost him life: of a prisoner that may forbear to flee out of prison, though the doors be open: of a man condemned to dye by hunger, in whose power it is to refuse a sustenance offered: of a man that latches the weapon in his own body to save his Prince: or of a friend, who when but one loaf is left to preserve the life of two, refrains from his part and dies first: or that suffers another to take that plank in a shipwreck which himself might have prepossessed, as trusting to the oars of his arms; or that puts himself into an infected house out of mere charity to tend the sick, though he know the contagion deadly; or in a sea-fight blows up the deck with gunpowder, not without his own danger; or when the house is on fire casts himself out at the window with an extreme hazard: To these, I say, may be added many more; as the cutting off a limb to stop the course of a Gangrene; to make an adventure of a dangerous incision in the body, to draw forth the Stone in the bladder; the taking of a large dose of opiate pills, to ease a mortal extremity; or lastly, when a man is already seized on by death, the receiving of some such powerful medicine, as may facilitate his passage (the defect of which care and art, the eminently-learned Lord 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. L. Verulam. Advanc. of Learning.  Verulam justly complains of in Physicians:) In these, and the like cases, a man may lawfully do those things which may tend, in the event, to his own death, though without an intention of procuring it.  
And unto this head must be referred those infinite examples of deadly sufferings for good causes, willingly embraced for conscience sake. The seven Brethren in the Maccabees, (alluded to by S. Paul to his Hebrews, Heb. 11. 35.) will and must rather endure the butchering of their own flesh, than the eating of swines-flesh, in a willing affront of their law; Daniel will rather die then not pray. Shadrach, Meshach, and Abednego will rather fall down bound into the fiery Furnace sevenfold heated, then fall down before the golden image.  
And every right-disposed Christian will rather welcome death then yield to a willing act of Idolatry, rebellion, witchcraft: If hereupon death follow by the infliction of others, they are sinful agents, he is an innocent sufferer.  
As for that scruple among our Casuists, whether a man condemned to dye by poison, may take the deadly draught that is brought him; it is such, as wise Socrates never made of old, when the Athenians tendered him his hemlock; and indeed it may as well be disputed, whether a man condemned to dye by the axe, may quietly lay down his head upon the block; and not, but upon force, yield to that fatal stroke. A juster scruple is, whether a man condemned to a certain and painful death, which he cannot possibly eschew, may make choice rather of a more easy passage out of the world; wherein I marvel at the indulgence of some Doctors that would either excuse, or mince the matter. For although I cannot blame that natural disposition in any creature, to shrink from pain, and to affect (what it may) the shifting from extremity of misery: yet for a Christian so to do it, as to draw a greater mischief to himself, and an apparent danger to his soul, it cannot justly bear any other than a hard construction. For thus to carve himself of justice, is manifestly to violate lawful authority; and whiles he would avoid a short pain, to incur the shame and sin of a selfe-executioner.  
But if in that way, wherein the doom of death is passed, a man can give himself ease, or speed of dissolution (as when a Martyr being adjudged to the fire, uses the help of a bag of Gunpowder, to expedite his passage) it cannot be any way judged unlawful: The sentence is obeyed, the execution is accordingly done; and, if the patient have found a shorter way to that end which is appointed him, what offence can this be either to the law, or to the Judge?    

RESOLUTIONS. The third Decade. Cases of Piety and Religion.  

CASE I  
Whether upon the appearance of Evil Spirits we may hold discourse with them; and how we may demean ourselves concerning them.  
THat there are evil spirits, is no less certain than that there are men: None but a Sadduce, or an Atheist can make question of it.  
That evil spirits have given certain proofs of their presence with men, both in visible apparitions, and in the possessions of places, and bodies, is no less manifest, then that we have souls, whereby they are discerned.  
Their appearances are not wont to be without grievous inconveniences; whether in respect of their dreadfulness; or their dangerous insinuations.  
It is the great mercy of the God of spirits that he hath bound up the evil Angels in the chains of darkness, restraining them from those frequent, and horrible appearances which they would otherwise make to the terror, and consternation of his weak creatures.  
Whensoever it pleaseth the Almighty, for his own holy purposes, so far to loosen, or lengthen the chains of wicked spirits, as to suffer them to exhibit themselves in some assumed shapes unto men, it cannot but mainly import us to know, what our deportment should be concerning them. Doubtless to hold any fair terms of commerce, or peace (much more of amity or familiarity) with them, were no better then to profess ourselves enemies to God; for such an irreconcilable hostility there is betwixt the holy God, and these malignant spirits, that there can be no place for a neutrality in our relation to them: so as he is an absolute enemy to the one, that bids not open defiance to the other.  
As therefore we are wont by our silence to signify our heartburning against any person (in that we abide not to speak unto those whom we hate,) so must we carry ourselves towards evil spirits: And if they begin with us as that Devil did in the Serpent with Eve; how unsafe and deadly it may be to hold chat with them, appears in that first example of their onset; the issue whereof brought misery, and mortality upon all mankind; yet then, were our first parents in their innocency, and all earthly perfection: we now so tainted with sin, that Satan hath a kind of party in us, even before his actual temptations.  
As therefore we are wont to say that the fort that yields to parley is half won; so may it prove with us, if we shall give way to hold discourse with wicked spirits; who are far too crafty for us to deal withal: having so evident an advantage of us, both in nature (we being flesh and blood, they spiritual wickednesses) and in duration, and experience, we being but of yesterday, they coetaneous with the world and time itself.  
If you tell me that our Saviour himself interchanged some speeches with the spirits whom he ejected; it is easily answered, that this act of his was never intended for our imitation; sith his omnipotence was no way obnoxious to their malice, our weakness is.  
I cannot therefore but marvel at the boldness of those men who professing no small degree of holiness, have dared to hold familiar talk with evil spirits, and could be content to make use of them for intelligence; as the famous Jesuit, in our time, Pere Cotton; who having provided 50. questions to be propounded to a Demoniac (some concerning matters of learning, some other matters of State, concerning the than French King and the King of England) and having them written down under his own hand to that purpose; being questioned concerning it, answered, that he had licence from Rome to tender those demands: as I received it upon certain relation from the learned Dr. Tilenus with many pregnant and undeniable circumstances, which I need not here express. Although this need not seem strange to me, when I find that 
* Navarr. Enchir. cap. 11. n. 28.  Navarre determines plainly, that when evil spirits are present (not by our invocation) as in possessed bodies, it is lawful to move questions to them, (so it be without our prayers to them, or pact with them) for the profit of others; yea thus to confer with them, even out of vanity, or curiosity, is but venial at the most: Thus he: with whom 
† Lesle. l. 2. De mangia cap. 44. dub. 6.  Lessius goes so far as to say; Licitum est petere verbo à Diabolo ut nocere destnat etc. It is lawful to move the Devil in words to cease from hurting, so that it be not done by way of deprecation, or in a friendly compliance, but by way of indignation: A distinction which I confess passed the capacity of my apprehension; who have not the wit to conceive how a man can move without implying a kind of suit; and how any suit can consist with an indignation.  
It savours yet of a more heroical spirit which the Church of Rome professeth to teach and practice, the ejection of evil spirits by an imperious way of command; having committed to her Exorcists a power of Adjuration, to which the worst of Devils must be subject; a power more easily arrogated then really exercised: Indeed this overruling authority was eminently conspicuous, not only in the selected twelve, and the seventy Disciples of Christ, who returned from their Embassy with joy, (Luk. 10. 17.) that the Devils were subject to them through his name, but even in their holy Successors of the Primitive Church, whiles the miraculous gifts of the holy Ghost were sensibly poured out upon men; but if they will be still challenging the fame power; why do they not as well lay claim to the speaking of strange tongues? (Mar. 16. 17. 18.) to the supernatural cure of all diseases? to the treading on serpents and scorpions? to the drinking of poisons without an Antidote? and if they must needs acknowledge these faculties above their reach, why do they presume to divide the Spirit from itself; arrogating to themselves the power of the greatest works, whiles they are professedly defective in the least? wherein surely, as they are the true successors of the sons of Sceva, Act. 19 13, 14, 15, 16. who would be adjuring of Devils by the name of Jesus, whom Paul preached, so they can look for no other entertainment than they found from those Demoniacs, which was to be baffled, and beaten, and wounded.  
Especially, if we consider the foul superstition, and gross magic which they make use of in their Conjurations; by their own vainly-devised Exorcisms, feoffing a supernatural virtue upon drugs, and herbs, for the dispelling, and staving off all evil spirits; Because the books are not perhaps obvious, take but a taste in one, or two: 
* Thesaurus Exorcismorum; atque Conjurationum terribilium, etc. Tract. Dispersio daemonum. Fratris Valcrii Polydori Patavini. Ord. Minorum Conventualium.  In the treasure of Exorcisms, there is this following Benediction of Rue, to be put into an hallowed paper, and to be carried about you and smelled at for the repelling of the Invasion of Devils 
† Tit. applicabile. 3. Rutae in charta benedicta super seportaudae & olfaciendae, ad omnem invasionem diabolicam repellendam. . I conjure thee o thou creature of Rue, by the holy Lord, the Father, the almighty and eternal God, which bringeth forth grass in the mountains, and herbs for the use of man: And which by the Apostle of thy Son our Lord Jesus Christ, hast taught, that the weak should eat herbs: I conjure thee that thou be blessed, and sanctified to retain this invisible power and virtue, that whosoever shall carry thee about him, or shall smell to thee, may be free from all the uncleanness of Diabolical infatuation; and that all Devils, and all witchcrafts may speedily fall from him, as herbs or grass of the earth: through the same our Lord Jesus Christ, which shall come to judge the quick and the dead, and the world by fire. The like is prescribed to be done to the seeds of Hypericon or S. John's wort.  

* Applicabile. 15. Tit. Profumigatio borriblis, ejusque vulgata benedictio.  Add to this, the horrible fumigation to this purpose as it follows. I conjure thee o thou creature of Galbanum, Sulphur, Assa faetida, Aristolochium, hypericon and Rue, by the † living God; by the † true God etc. by Jesus Christ etc. that thou be for our defence; and that thou be made a perpetual fumigation, exorcised, † blessed, and consecrated to the safety of us, and of all faithful Christians; and that thou be a perpetual punishment to all malignant spirits, and a most vehement, and infinite fire unto them, more than the fire and brimstone of hell is to the infernal spirits there, etc.  
But what do I trouble you with these dreadful incantations, whereof their allowed books of Conjuration are full? To these I may add their application of holy water, (wherein they place not a little confidence) which (saith 
* Lesle. ubi supra Dubit. 5a.  Lessius) receives the force from the prayers of the Church, by the means whereof it comes to pass, that it is assisted with divine power; which (as it were) rests upon it, and joins with it, to the averting of all the infestations of the Devil: But fain would I learn where the Church hath any warrant from God to make any such suit; where any overture of promise to have it granted? what is their prayer without faith? and what is their faith, without a word? But I leave these men (together with their Crosses, and Ceremonies, and holy relics, wherein they put great trust in these cases) to their better informed thoughts. God open their eyes that they may see their errors.  
For us, what our demeanour should be in case of the appearance, or molestation of evil spirits, we cannot desire a better pattern then S. Paul; his example is our all-sufficient instruction; 2 Cor. 12. 7, 8. who when the messenger of Satan was sent to buffet him, fell presently to his prayers; and instantly besought God thrice, that it might depart from him. Lo he that could command evil spirits out of the bodily possession of others; when it comes to his own turn to be buffeted by them, betakes himself to his prayers to that God whose grace was sufficient for him: Verse. 9 To them must we still have our recourse; if we thus resist the Devil he shall flee from us: Jam. 4. 7. In the primitive times, those that could command, needed not to sue: and therefore fasting and prayers was an higher (as a more laborious) work (to this purpose) in the disciples, than their imperative course of ejection; but for us, we that have no power to bid, must pray; Pray; not to those ill guests that they would depart; not to the blessed Virgin, or our Angel Keeper that they would guard us from them, but to the great God of heaven, who commands them to their chains: This is a sure and everlasting remedy, this is the only certain way to their foil, and our deliverance, and victory.   

CASE II.  
How far a secret pact with evil spirits doth extend, and what actions and events must be referred thereunto.  
IT is a question of exceeding great use, and necessity; for certainly many thousands of honest, and well-minded-Christians are in this kind drawn into the snares of Satan, unwarily, and unwittingly: For the determining of it, these two grounds must be laid; First, that there is a double compact with Satan; One direct and open; wherein Magicians and witches, upon woeful conditions, and direful ceremonies, enter into a mutual covenant with evil spirits: The other, secret and indirect; wherein nothing is seen, or heard, or known to be agreed upon; only by a close implication, that is suggested and yielded to be done, which is invisibly seconded by diabolical operation.  
The second ground is; that whatsoever hath not a cause in nature according to God's ordinary way, must be wrought either by good, or evil spirits: That it cannot be supposed that good Angels should be at the command of ignorant, or vicious persons, of either sex, to concur with them in superstitious acts, done by means altogether in themselves ineffectual and unwarrantable: and therefore that the Devil hath an unseen hand in these effects, which he marvailously brings about, for the winning of credit with the world, and for the obliging and engaging of his own clients: of this kind there is too lamentably-much variety in common experience: Take an handful, if you please, out of a full sack: let the first be, that authentic charm of the Gospel of S. John allowed in the parts of the Romish correspondence; wherein the first verses of that divine Gospel are singled out, printed, in a small roundel, and sold to the credulous ignorants, with this fond warrant, that whosoever carries it about him shall be free from the dangers of the day's mishaps: The book and the key; the sieve and the shears, for the discovery of the thief; The noching of a stick with the number of the warts which we would have removed; the rubbing of them with raw flesh, to be buried in a dunghill that they may rot away insensibly therewith, or washing the part in moonshine for that purpose: words, and characters, of no signification, or ordinary form, for the curing of diseases in man, or beast; more than too many whereof we find in Cornelius Agrippa, and Paracelsus.  
Forms of words and figures for the staunching of blood; for the pulling out of thorns, for easing pain, for remedying the biting of a mad dog.  
Annulets made up of relics, with certain letters and crosses, to make him that wears them, invulnerable.  
Whistling for a wind wherewith to winnow; as it is done in some ignorant parts of the west.  
The use of an hole flint, hanged up on the rack, or bed's head, for the prevention of the nightmare in man, or beast.  
The judging by the letters of the names of men or women, of their fortunes, as they call them; according to the serious fopperies of Arcandam.  
The seventh sons laying on of hands for the healing of diseases; The putting of a verse, out of the Psalms, into the vessel, to keep the wine from souring; The repeating of a verse out of Virgil to preserve a man from drunkenness all that day following; Images astronomically framed under certain constellations to preserve from several inconveniences; as under the sign of the Lion the figure of a Lion made in gold, against melancholic fancies, dropsy, plague, fevers: which Lessius might well marvel how Cajetan could offer to defend; when all the world knows how little proportion and correspondence there is betwixt those imaginary signs in heaven, and these real creatures on earth.  
Judiciary Astrology, as it is commonly practised, whether for the casting of nativities, or prediction of voluntary, or civil events, or the discovery of things stolen or lost: for, as the natural Astrology when it keeps itself within its due bounds is lawful, and commendable, (although not without much uncertainty of issue;) so that other Calculatory, or figure-casting Astrology is presumptuous and unwarrantable; cried ever down by Counsels and Fathers, as unlawful; as that which lies in the midway betwixt magic, and imposture, and partakes not a little of both.  
The anointing of the weapon for the healing of the wound, though many miles distant; wherein (how confident soever some intelligent men have been) doubtless there can be nothing of nature; sith in all natural agencies, there must necessarily be a contaction either real, or virtual; here in such an interval, none can be: neither can the efficacy be ascribed to the salve; since some others have undertaken and done the cure, by a more homely and familiar ointment; It is the ill-bestowed faith of the agent that draws on the success from the hand of an invisible physician.  
Calming of tempests, and driving away devils by ringing of bells, hallowed for that purpose.  
Remedy of witcheries, by heating of Irons, or applying of crosses. I could cloy you with instances of this kind; wherewith Satan beguiles the simple upon these two misgrounded principles; 1. That in all experience they have found such effects following upon the use and practise of such means; which indeed cannot be denied: Charms and spells commonly are no less unfailing in their working, than the best natural remedies; doubtless, the Devil is a most skilful Artist: and can do feats beyond all mortal powers; but God bless us from employing him: 2 King. 1. 3. Is it not because there is not a God in Israel that we go to inquire of Baalzebub the God of Ekron?  
2. That there may be hidden causes in nature for the producing of such effects which they know not; neither can give any reason of their operations; whereof yet we do commonly make use, without any scruple; and why may not these be ranged under the same head? which they have used with no other but good meaning; without the least intention of reference to any malignant powers; In answer whereto, I must tell them, that their best plea is ignorance; which may abate the sin, but not excuse it: There are indeed, deep secrets in nature, whose bottom we cannot dive into; as those wonders of the loadstone; a piece outwardly contemptible, yet of such force as approacheth near to a miracle: and many other strange sympathies and antipathies in several creatures; in which rank may be set the bleeding of the dead at the presence of the murderer: and some acts done for the discovery of witchcraft both in this, and our neighbour kingdom; But withal, though there be secrets in nature which we know not how she works; yet we know there are works which are well known, that she cannot do: how far her power can extend is not hard to determine: and those effects which are beyond this, (as in the forementioned particulars) we know whither to ascribe: Let it be therefore the care and wisdom of Christians to look upon what grounds they go: whiles they have God, and nature for their warrant, they may walk safely; but where these leave them, the way leads down to the chambers of death.   

CASE III.  
Whether reserving my conscience to myself I may be present at an Idolatrous devotion; or whether in the lawful service of God I may communicate with wicked persons.  
THe question is double: both of them of great importance; The former I must answer negatively; your presence is unlawful upon a double ground; of sin, and of scandal: of sin, if you partake in the Idolatry; of scandal, if you do but seem to partake: The scandal is threefold; you confirm the offenders in their sin; you draw others by your example into sin; you grieve the spirits of those wiser Christians, that are the sad witnesses of your offence. The great Apostle of the Gentiles (1 Cor. 8. 4, 5, 6, 7, 8, 9, 10.) hath fully determined the question in a more favourable case: The heathen sacrifices were wont to be accompanied (in imitation of the Jewish, prescribed by God himself) with feasts; the owners of the feast civilly invite the neighbours (though Christians) to their banquets; The Tables are spread in their Temples; The Christian guests out of a neighbourly society, go, sit, eat with them: S. Paul cries down the practice, as utterly unlawful: yet this was but in matter of meat; which sure was Gods, though sacrificed to an Idol; how much more must it hold in rites and devices, merely, either human, or devilish?  
I need not tell you of the Christian Soldiers in the Primitive Persecution, who when they found themselves by an ignorant mistaking drawn, under a pretence of loyalty, into so much ceremony as might carry some semblance of an Idolatrous thurification, ran about the City in an holy remorse, and proclaimed themselves to be Christians: Nor how little it excused Marcellinus Bishop of Rome, from an heavy censure, that he could say he did but for company cast a few grains of incense into the fire. The charge of the Apostle (1 Thes. 5. 22.) is full, and peremptory, that we should abstain from every appearance of evil.  
It is a poor plea that you mention of the example of Naaman. Alas, an ignorant pagan: whose body if it were washed from his leprosy, yet his soul must needs be still foul: 2 Kings 5. 17, 18, 19 yet even this man will thenceforth offer neither burnt offering, nor sacrifice unto any other God, but unto the Lord; nor upon any ground but the Lords peculiar; and will therefore lad two Mules with Israelitish earth; and is now a professed convert: Yea, but he will still bow in the Temple of Rimmom: But how will he bow? Civilly only, not religiously; In the house of Rimmon, not to the Idol; Not in relation to that false deity, but to the King his master: you shall not take him going alone under that Idolatrous roof, but according to his office, in attendance of his Sovereign: nor bowing there, but to support the arm that leaned upon him: And if upon his return home from his journey he made that solemn protestation to his Syrians, which he before made to the Prophet: Take notice o all ye Courtiers, and men of Damascus, that Naaman is now become a proselyte of Israel; that he will serve and adore none but the true God; and if you see him at any time kneeling in the temple of your Idol Rimmon, know that it is not done in any devotion to that false God, but in the performance of his duty and service to his royal master; I see not but the Prophet might well bid him, Go in Peace. How ever that ordinary and formal valediction to a Syrian, can be no warrant for a Christians willing dissimulation.  
It is fit for every honest man to seem as he is; what do you howling amongst Wolves, if you be not one? Or what do you amongst the Cranes, if you be a Stork? It was the charge of Jehu, when he pretended that great sacrifice to Baal; Search, and look that there be here with you none of the servants of the Lord, (2 King. 10. 23.) but the worshippers of Baal only: surely had any of God's clients secretly shrouded himself amongst those Idolaters, his blood had been upon his own head: Briefly then, if you have a mind to keep yourself in a safe condition for your soul, let me lay upon you the charge which Moses enforced upon the congregation of Israel in the case of Corahs' insurrection, Departed I pray you from the tents of these wicked men, and touch nothing of theirs, lest ye be consumed in all their sins. Num. 16. 26.  
The latter I must answer affirmatively: If the ordinances be holy, why should not you take your part of them?  
It is an unjust niceness to abridge yourself of a blessing, for another man's unworthiness: Doubtless, there ought to be a separation of the precious from the vile; the neglect whereof is the great sin of those, whom in duty it concerns to perform it; but where this is not accordingly done, shall I suffer for another's offence? my own sins may justly keep me off from God's Table; if another man's may do so too, I appropriate the guilt of his sin to my own wrong: surely it argues but small appetite to these heavenly viands, if you can be put off with a pretence of others faults: Judge of the spiritual repast by this earthly; were you throughly hungry, would you refrain from your meat because one of the guests hath a pair of foul hands? that may be a just eyesore to you, but no reason why you should forbear wholesome dishes: Carve you for your self, and look to your own trencher; he feeds for himself, not for you; sin is the uncleanness of the soul; that cleaves closer to it, than any outward nastiness can to the skin; to feed thus foul than is doubtless unwholesome, to himself, it can be no hurt to you. But you are ready to strain the comparison higher to your own advantage: say, that one of the guests hath a plague-sore running upon him, shall I then think it safe to sit at the Table with him? now sin is of a pestilent nature, spreading its infection to others besides its own subject; therefore it is meet we keep aloof from the danger of his contagion: True, there are sins of a contagious nature, apt to diffuse their venom to others, (as there are othersome whose evil is intrinse call to the owner) but these infect by way of evil counsels, or examples, or familiar conversation, not by way of a mere extemporary presence of the person, by spreading of their corruption to those that are taken with them; not by scattering abroad any guilt to those that abhor them. Well did our Saviour know how deadly an infection had seized on the soul of Judas, yet he drives him not from his board, lest his sin should taint the disciples.  
The spirit that writes to the seven Asian Churches (Rev. 2. 20, 21, 22.) saw and professed to see the horrible infection spread amongst the Thyatirians by the doctrine and wicked practices of their Jesebel, yet all that he enjoins the godly party is to hold their own.  
Have no fellowship, saith the Apostle, with the unfruitful works of darkness: (Ephes. 5. 11.) Lo he would not have us partake in evil: he doth not forbid us to partake with an evil man in good works.  
However therefore we are to wish and endeavour (in our places) that all the congregation may be holy; and it is a comfortable thing to join with those, that are truly conscionable, and carefully observant of their ways, in the immediate services of our God: yet where there is neglect in the overseers, and boldness in the intruders, and thereupon, God's sacred Table is pestered with some unworthy guests; it is not for you, upon this ground, to deprive yourself of the benefit of God's blessed Ordinances; notwithstanding all this unpleasing encumbrance you are welcome, and may be happy.   

CASE IU.  
Whether Vows be not out of season now under the Gospel; of what things they may be made; how far they oblige us; and whether and how far they may be capable of release.  
IT is a wrongful imputation that is cast upon us by the Roman Doctors, that we abandon all vows under the Gospel: They well see that we allow and profess that common vow (as Lessius terms it) in Baptism; which yet both Bellarmine, and he, with other of their consorts, deny to be properly such: It is true, that as infants make it by their proxies, there may seem some impropriety of the engagement as to their persons; but if the party Christened be of mature age, the express vow is made absolutely by, and for himself. Besides this we allow of the renovation of all those holy vows, (relating to the first) which may bind us to a more strict obedience to our God; yet more, though we do not now allow the vows of things in their nature indifferent, to be parts of God's worship, (as they were formerly under the law) yet we do willingly approve of them, as good helps and furtherances to us, for the avoiding of such sins as we are obnoxious unto; and for the better forwarding of our holy obedience.  
Thus, the charge is of eternal use, Psal. 76. 11. Vow unto God and perform it: Not that we are bound to vow; that act is free and voluntary: but that when we have vowed, we are straightly bound to performance: It is with us for our vows as it was with Ananias and Saphira for their substance, Whiles it remained (saith S. Peter) was it not thine own? (Act. 5. 4.) He needed not to sell it, he needed not to give it; but if he will give, he may not reserve: If he profess to give all, it is death to save some; he lies to the holy Ghost, that defalkes from that which he engaged himself to bestow.  
It mainly concerns us therefore to look carefully in the first place, to what we vow; and to our intentions in vowing; and to see that our vow be not rash and unadvised; of things either trivial, or unlawful, or impossible, or out of our power to perform; for every vow is a promise made to God; and to promise unto that great and holy God, that which either we cannot, or ought not to do, what is it other then to mock and abuse that Sacred Majesty; which will not hold him guiltless that taketh his name in vain? It is the charge to this purpose of wise Solomon; Be not rash with thy mouth; and let not thine heart be hasty to utter any thing before God; for God is in heaven, and thou upon earth, therefore let thy words be few. Eccles. 5. 2.  
Your vow therefore must be either of things morally good; for the quickening you in that duty which you are bound to do: or of things indifferent in themselves, the refraining, or doing whereof may tend either to the restraint from sin, or the furtherance of your holy obedience: As a man that finds his brains weak, and his inclination too strong to pleasing liquor, binds himself by a vow to drink no wine save only at God's table: or a man that finds himself apt to be miscarried by his appetite, confines himself by his vow to one dish; or to one meal for the day: or a man that finds himself given to the pleasure of gaming, to the loss of his time, and the weakening of his estate, curbs himself by his vow never to play for money: or a man that finds his prayers weak, and his flesh rebellious, vows to tame his unruly desires, and to stir up his duller devotions, by fasting.  
And as the matter of your vow must be carefully regarded; so also your intentions in vowing; for if you vow to do good to an ill end, your thank is lost, and danger of judgement incurred: as if you vow to give alms for vain glory, or ostentation: or, if God shall prospero your usurious, or monopolising project, you will build an hospital; your vow is like to be so accepted, as the story tells us, the prayers were, of that bold Courtesan, who coming to the shrine of S. Thomas of 
* Bromiard. sum. praedict.  Canterbury (as that traitor was styled) devoutly begged, that through the intercession of that Saint, she might be graced with so winning a beauty, that might allure her paramours, to a gainful courting of so pleasing a mistress; when suddenly (as my author tells me) she was stricken blind: and certainly, so it might well be; for if a supposed Saint were invoked, it was God that was highly provoked by the sinful petition of a shameless harlot: and it was most just for him to revenge it; and so we may well expect it shall be with whosoever shall dare to make use of his sacred name to their own wicked or unwarrantable purposes.  
Since therefore our vows must be for their matter (as Casuists well determine) De meliore bono, and for intentions, holy and directed only to good; it plainly appears that many idle purposes, promises, resolutions are wont to pass with men for vows, which have no just claim to that holy title: One says he vows never to be friends with such a one that hath highly abused him; another, that he will never come under the roof of such an unkind neighbour: one that he will drink so many healths to his honoured friend; another that he will not give the wall or the way to any passenger: one that he will never wear suit but of such a colour; another that he will never cut his hair till such an event; These, and such like may be foolish, unjust, ridiculous selfe-ingagements; but vows they are not; neither therefore do bind the conscience otherwise then as Sampsons' cords, and withes, which he may break as a thread of tow. Judg. 16. 9 12.  
But as for true vows; certainly they are so binding, that you shall sin heinously in not performing them: It is no better than dishonesty to fail in what we have promised to men; but to disappoint God in our vows, is no less than sacrilege: That of Solomons is weighty; Eccles. 5. 4, 5, 6. When thou vowest a vow unto God, defer not to pay it, for he hath no pleasure in fools; pay that which thou hast vowed: Better it is that thou shouldst not vow; then that thou shouldst vow and not pay it: Suffer not thy mouth to cause thy flesh to sin; neither say before the Angel that it was an error; wherefore should God be angry at thy vows and destroy the work of thine hands? If therefore a lawful and just vow have passed your lips, you may not be false to God, and yourself in not keeping it.  
But if it shall so fall out, that there proves to be some main inconvenience or impossibility in the fulfilling of this your solemn promise unto God, whether through the extreme prejudice of your health, and life, or the overswaying difficulty of the times what is to be done; surely as under the law (Num. 30. 3, 4, 5.) it was left in the power of the parent to overrule the vow of the child, so I doubt not but under the Gospel, it is left in the power of your spiritual fathers, to order, or dispense with the performance of those vows, which you would, but cannot well fulfil: neither was it spoken in vain, nor in matter of sins only, which our Saviour in way of authorization, said to his Apostles and their successors, Whatsoever ye shall bind on earth, shall be bound in heaven, and whatsoever ye shall lose on earth shall be loosed in heaven. Mat. 18. 18. In this case therefore, I should advice you to make your address to your spiritual pastor, and freely to lay open your condition before him, and humbly to submit yourself to his fatherly directions in that course which shall be found best and safest for your soul: Think it not safe in a business of so high nature to rely upon your own judgement, and to carve out your own satisfaction; but regard carefully what God hath said of old, The priests lips should keep knowledge: and they should seek the law at his mouth: for he is the messenger of the Lord of hosts. Mala. 2. 7.   

CASE V.  
Whom may we justly hold an Heretic; and what is to be done in the case of Heresy?  
THere is no one point wherein the Church of God hath suffered more than in the misunderstanding of this question; How many thousand innocents' have in these latter ages of the Church perished in this unhappy quarrel? yea how many famous Churches have been most unjustly thunderstruck with direful censures of Excommunication, down to the pit of hell, upon pretence of this crime, which have been less guilty than their Anathematizers? And even amongst ourselves, how apt we are to brand one another with this hateful mark where there is no true merit of such a reproach?  
It much imports us therefore to know who may be deservedly thus stigmatised by us: I have elsewhere somewhat largely insisted on this theme; whither I might spare some lines to refer you; But, in short, thus: To let pass the original sense, and divers acceptions of the word; An heresy is no other than an obstinate error against the foundation; All truths are precious, but some withal necessary; All errors are faulty, but some damnable; the heinousness of the error is according to the worth of the truth impugned; There are Theological verities fit for us to know and believe; there are Articles of Christian faith needful to be known and believed; There are truths of meet and decent superstructure, without which the fabric may stand; there are truths of the foundation so essential, as that without them it cannot stand: It is a maim to the house if but a tile be pulled off from the roof, but if the foundation be razed, the building is overthrown: this is the endeavour and act of heresy.  
But now the next question will be, what doctrines they are which must be accounted to be of the Foundation; Our countryman Fisher the Jesuit, and his Associates will tell you roundly, that all those things which are defined by the Church to be believed, are 
* Relat. of the third confer. p. 6.  fundamental: A large groundwork of faith: Doubtless the Church hath defined all things contained in the scripture, to be believed; and theirs (which they call Catholic) hath defined all those Traditional points which they have added to the Creed, upon the same necessity of salvation to be believed; now if all these be the foundation, which is the building? what an imperfect fabric do they make of Christian Religion; all foundation, no walls, no roof? Surely it cannot, without too much absurdity, be denied, that there is great difference of Truths, some more important than others; which could not be, if all were alike fundamental: If there were not some special Truths, the belief whereof makes, and distinguisheth a Christian, the authors of the Creed Apostolic (besides the other Symbols received anciently by the Church) were much deceived in their aim: He therefore that believes the holy Scriptures (which must be a principle presupposed) to be inspired by God; and as an abstract of the chief particulars thereof, professeth to believe and embrace the Articles of the Christian faith, to regulate his life by the law of God's commandments, and his devotion by the rule of Christ prescribed; and lastly to acknowledge and receive the Sacraments expressly instituted by Christ; doubtless this man is by profession a Christian, and cannot be denied to hold the foundation; and whosoever shall wilfully impugn any of these, comes within the verge of Heresy: wilfully, I say; for mere error makes not an heretic; if out of simplicity, or gross ignorance, a man shall take upon him to maintain a contradiction to a point of faith, being ready to relent upon better light, he may not be thus branded: eviction and contumacy must improve his error to be heretical. The Church of Rome therefore hath been too cruelly-liberall of her censures this way; having bestowed this livery upon many thousand Christians whom God hath owned for his Saints: and upon some Churches more Orthodox than herself; presuming upon a power (which was never granted her from heaven,) to state new articles of faith; and to excommunicate and bar all that shall dare to gainsay her oracles: Whereas the great Doctor of the Gentiles hath told us from the spirit of God, that there is but one Lord, one faith, one baptism; (Ephes. 4. 5.) and what faith is that? S. Judas tells us: Judas 3. The faith that was once delivered the Salnts; so that as well may they make more reiterations of Baptism, and multipliclties of Lords, as more faiths than one: some explications there may be of that one faith, made by the Church, upon occasion of new-sprung errors, but such, as must have their grounds from forewritten truths; and such, as may not extend to the condemnation of them whom God hath left free: new articles of faith they may not be: nor bind further than God hath reached them.  
Heretics than they are and only they, that pertinaciously raze the foundation of the Christian faith; what now must be done with them? surely, first, if they cannot be reclaimed, they must be avoided: It is the charge of the beloved disciple to the elect Lady, 2 John v. 10. If any man come unto you and bring not (that is, by an ordinary Hebraisme, opposes) this doctrine, receive him not into your houses, neither bid him God-speed; But the Apostle of the Gentiles goes yet higher; for writing to Titus the great Superintendent of Crete, his charge is, Tit. 3. 10. A man that is an heretic, after the first and second admonition reject.  
Now, when we compare the charge with the person, we cannot but find that this rejection, is not a mere negative act, of refraining company; but a positive act of censure, so as he who had power to admonish, had also power to reject in an authoritative, or judicatory way: He says then, Devita, reject or avoid, not (as Erasmus too truly, but bitterly scoffs the Romish practice) De vita tolle: This of killing the heretic, as it was out of the power of a spiritual supervisor, so was it no less far from the thoughts of him that desired to come in the spirit of meekness: Faggots were never ordained by the Apostle for arguments to confute heretics; this bloody Logic and Divinity was of a much later brood; and is for a Dominick, not a Paul to own: for certainly faith is of the same nature with love, it cannot be compelled; persuasions may move it, not force: These intellectual sins must look for remedies of their own kind; But if either they be (as it is often) accompanied with damnable blasphemies, against God, whether in his essence, or attributes, or the three incomprehensible persons in the all-glorious Deity, or the blessed mediator betwixt God and man Jesus Christ, in either of his natures; Or else, shall be attended with the public disturbances and dangerous distempers of the Kingdom, or State wherein they are broached, the Apostles wish is but seasonable, in both a spiritual and a bodily sense; Gal. 5. 12. Would to God those were cut off that trouble you: In the mean time, for what concerns yourself, if you know any such, as you love God, and your souls, keep aloof from them, as from the pestilence. 
* Epiphan. haeres. l. 1.  Epiphanius well compares heresy to the biting of a mad dog, which as it is deadly, (if not speedily remedied) so is it withal dangerously infectious; not the tooth only, but the very foam of that envenomed beast carries death in it; you cannot be safe, if you avoid it not.   

CASE VI.  
Whether the laws of men do bind the conscience; and how far we are tied to their obedience.  
BOth these extremes of opinion concerning this point must needs bring much mischief upon Church and Kingdom: Those that absolutely hold such a power in human laws make themselves slaves to men: Those that deny any binding power in them, run loose into all licentiousness: Know then that there is a vast difference betwixt these two; To bind the conscience in any act; and to bind a man in conscience to do or omit an act: Human laws cannot do the first of them; the latter they may, and must do: To bind the conscience is to make it guilty of a sin in doing an act fobidden, or omitting an act enjoined as in itself such: or making that act in itself an acceptable service to God which is commanded by men: Thus human laws cannot bind the conscience: It is God only, 1 John 3. 21. who, as he is greater than the Conscience, so hath power to bind or lose it: Esay 31. 22. It is he that is the only Lawgiver to the Conscience: Jam. 4. 12. Princes and Churches may make laws for the outward man; but they can no more bind the heart, than they can make it; In vain is that power which is not enabled with coercion; now what coercion can any human power claim of the heart, which it can never attain to know? the spirit of man therefore is subject only to the father of spirits, who only sees and searches the secrets of it, and can both convince, and punish it.  
Besides, well did penitent David know what he said, when he cried out: Against thee only have I sinned: Psal. 51. he knew that sin is a transgression of the law; and that none but God's law can make a fin: men may be concerned, and injured in our actions, but it is God who hath forbidden these wrongs to men, that is sinned against, in our acts of injustice and uncharitableness: and who only can inflict the spiritual (which is the highest) revenge upon offenders. The charge of the great Doctor of the Gentiles to his Galatians, was, Gal. 5. 1. Stand fast in the liberty wherewith Christ hath made us free; and be not entangled again in the yoke of bondage. What yoke of bondage was this but the law of Ceremonies? what liberty was this but a freedom from the bondage of that law? And certainly if those ordinances, which had God for their author, have so little power to bind the conscience, as that the yoke of their bondage must be shaken off, as inconsistent with Christian liberty; how much less is it to be endured, that we should be the servants of men, in being tied up to sin by their presumptuous impositions?  
The laws of men therefore do not, ought not, cannot bind your conscience, as of themselves; but, if they be just, they bind you in conscience to obedience: They are the words of the Apostle to his Romans; Rom. 13. 5. Wherefore ye must needs be subject; not only for wrath, but also for conscience sake. However than their particular constitution in themselves put no special obligation upon us, under pain of sin, and damnation; yet in a general relation to that God, who hath commanded us to obey authority, their neglect or contempt involves us in a guilt of sin: All power is of God; that which the supreme authority therefore enjoins you, God enjoins you by it; the charge is mediately his; though passing through the hands of men.  
How little is this regarded, in these loose times, by those lawless persons, whose practices acknowledge no sovereignty but titular, no obedience but arbitrary; to whom the strongest laws, are as weapons to the Leviathan, who esteems Iron as straw, and brass as rotten wood? Job 41. 27.  
Surely had they not first cast off their obedience to him that is higher than the highest, they could not without trembling hear that weighty charge of the great God of heaven, Rom. 13. 1. Let every soul be subject to the higher powers: For there is no power but of God; and the powers that be, are ordained of God: 1 Pet. 2. 13. Submit yourselves to every ordinance of man for the Lords sake; and therefore should be convinced in themselves, of that awe, and duty, which they owe to Sovereignty, and know and resolve to obey God in men; and men for God.  
You see then how requisite it is, that you walk in a middle way betwixt that excessive power which flattering Casuists have been wont to give to Popes, Emperors, Kings, and Princes in their several jurisdictions; and a lawless neglect of lawful authority: For the orthodox, wise, and just moderation whereof, these last ages are much indebted to the learned and judicious Chancellor of Paris 
* Tract. de Vit. spec. lect. 4. Cit Dom. à Soto ut infra. , John Gerson; who first so checked that overflowing error of the power of human usurpation (which carried the world before it) as gave a just hint to succeeding times, to draw that stream into the right channel; in so much as 
† Gersonis positio parum distat ab haeresi Lutherana. Dominic. à Soto De Jure, etc. l. 1. qu. 6.  Dominicus à Soto complains greatly of him, as, in this, little differing from the Lutheran heresy: But in the way which they call heresy, we worship the God of our fathers; rendering unto Cesar the things that are Caesar's, and unto God those things that are Gods; yielding our bodies to Cesar, Act. 24. 14. reserving our souls for God: tendering to just laws, our active obedience, to unjust, passive.  
But in the mean time, far be it from us to draw this knot of our obligation harder, and closer than authority itself intends it: What ever Popes may do for their Decrees, certainly good Princes never meant to lay such weight upon all their laws as to make every breach of them (even in relation to the authority given them by God) to be sinful.  
Their laws are commonly shut up with a sanction of the penalty imposed upon the violation: There is an obedientia bursalis, (as, I remember, Gerson, calls it,) an obedience, if not of the person, yet of the purse; which Princes are content to take up withal: we have a world of sins (God knows) upon us in our hourly transgressions of the royal laws of our maker; but woe were us, if we should have so many sins more, as we break statutes: In penal laws, where scandal or contempt find no place, human authority is wont to rest satisfied with the mulct paid, when the duty is not performed.  
Not that we may wilfully incur the breach of a good law, because our hands are upon our purse-strings ready to stake the forfeiture; This were utterly to frustrate the end of good laws, which do therefore impose a mulct that they may not be broken; and were highly injurious to sovereign authority, as if it sought for our money, not our obedience, and cared more for gain, then good order; than which there cannot be a more base imputation cast upon government: As than we are wont to say in relation of our actions to the laws of God; that some things are forbidden because they are sinful, and some things are sinful because they are forbidden, so it holds also in the laws of men; some things are forbidden because they are justly offensive; and some other things are only therefore offensive because they are forbidden; in the former of these, we must yield our careful obedience, out of respect even to the duty itself; in the latter, out of respect to the will of the lawgiver; yet so, as that if our own important occasions shall enforce us to transgress a penal law, without any affront of authority or scandal to others, our submission to the penalty frees us from a sinful disobedience.   

CASE VII.  
Whether Tithes be a lawful maintenance for Ministers under the Gospel; and whether men be bound to pay them accordingly.  
AS the question of Mine and Thine hath ever embroiled the world; so this particular concerning Tithes hath raised no little dust in the Church of God: whiles some pled them in the precise (quota parta) due and necessary to be paid, both by the law of God, and nature itself; others decry them as a Judaical law, partly Ceremonial, partly Judicial; and therefore either now unlawful, or at least neither obligatory, nor convenient.  
What is fit to be determined in a business so overagitated; I shall shut up in these ten propositions.  
1. The maintenance of the legal ministry allowed and appointed by God was exceeding large and liberal.  
Besides all the tithes of corn, wine, oil, herbs, herds, flocks; they had forty eight cities set forth for them, with the fields round about them, to the extent of two thousand cubits every way: They had the first fruits of wine, oil, wool, etc. in a large proportion; he was held to be a man of an evil eye that gave less than the sixtieth part: They had the first born of dattle, sheep, Beefs, goats; and the price of the rest, upon redemption: even the firstborn of men must ransom themselves at five shekels a man; They had the oblations and vows of things dedicated to God: They had the ample loaves (or 
* Ten hand breadths long, five broad, seven fingers high.  cakes rather) of shewbread; and no small share in meat offerings, sin-offerings, trespass offerings, heave-offerings, shake-offerings; of sacrifices eucharistical they had the breast and shoulder; of other, the shoulder, and the two cheeks; yea the very burnt-offerings afforded them an hide: Besides all these; all the males were to appear before the Lord thrice a year; none were exempted (as their Doctors tell us) but servants, deaf, dumb, idiots, blind, lame, defiled, uncircumcised, old, sick, tender, and weak, not able to travel, and no one of these which came up might appear emptyhanded.  
What do I offer to particularise? there were no less than twenty-four gifts allotted to the Priests, expressly in the law; the severals whereof who so desires to see, may find in the learned and profitable Annotations of Master Ainsworth 
* H. Ainsworth in Leu. 24. 9 ex Maimonide.  out of Maimonides.  
2. We can have no reason to imagine, that the same God who was so bountiful in his provisions for the legal ministry, should bear less respect to the Evangelicall; which is far more worthy and excellent than the other: Justly therefore doth Saint Paul argue from the maintenance of the one, a meet proportion for the fit sustentation of the other, I Cor. 9 13.  
3. It is not fit for God's ministers to be too intent to matter of profit; their main care must be the spiritual proficiency of the souls of their people; the secular thoughts of outward provisions must come in only on the by; but howsoever they may not be entangled in worldly affairs, yet they ought in duty to cast so much eye upon these earthly things as may free them from neglect; It is to Timothy that S. Paul writes, that if any man provide not for his own, and especially for those of his own house, he hath denied the faith, and is worse than an Infidel. 1 Tim. 5. 8.  
4. Under the law the tenth part was precisely allotted by the owner of all things, for the maintenance of the sacred Tribe; And if the wise and Holy God had not found that a meet proportion for those that served at his Altar; he had either pitched upon some other, or left it arbitrary: yea even before the law, Gen. 14. 20. Abraham (and in his loins Levi himself) paid tithes to Melchisedec (Heb. 7. 4.) the priest of the most high God; and whether it were by his example, or by some natural instinct, we find the very heathen nations, after some great victory achieved, were wont to devote still the tithe of their spoils to their Deities: so Camillus, when he had after a long siege taken the rich City Vejos, (a place of such importance, that upon the taking of it, he wished some great cross might befall Rome for the tempering of so high a felicity) he presently offereth the tithe to his 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Clem. Al. Stro. 1.  Gods: yea it was their custom who were most devout, to consecrate the tithe of all their increase to those Gods they were most addicted unto; in so much as the Romans noted it in their Lucullus, that he therefore grew up to so vast an estate, because he still devoted the tithe of his fruits to Hercules: And 
* Plin. l. 12. Bongus de num. Myster. num. 10.  pliny tells us that when they gathered their Frankincense, none of it might be uttered till the Priest had the tithe of it set forth for him.  
5. There can be no good reason given, why we may not observe the very same rate of proportion in laying out the maintenance of the ministry under the Gospel; and if these rules and examples be not binding, (since Religion consisteth not now in numbers at all) yet there is no cause why Christian Kingdoms, or Commonwealths may not settle their choice upon the same number, and quantity with both Jews, and Gentiles.  
6. The national laws of this Kingdom have set out the same pro-Kingdome have set out the same proportion of tenths for this purpose; If therefore there were no other obligation from the law of God or of the Church, nor any precedents from the practice of the rest of the world, yet in obedience to our municipal laws, we are bound to lay forth the tenth part of our increase to the maintenance of God's service; and that tenth is as truly due to the minister, as the nine parts to the owner.  
7. Since the tenth part is in the intention of the law both civil and ecclesiastical, dedicated to the service of God; and in the mere intuition thereof, is allotted to God's ministers, there can be no reason why it can be claimed, or warrantably received by Lay persons, for their proper use and behoof; so as this practice of Impropriation, which was first set on foot by unjust and sacrilegious Bulls from Rome, is justly offensive both to God, and good men; as mis-deriving the well-meant devotions of charitable, and pious souls into a wrong channel. Nothing is more plain than that Tithes were given to the Church; and in it, to God: how therefore that which is bequeathed to God may be alienated to secular hands, let the possessors look.  
8. Let men be tied to make good the Apostles charge (since the legal rate displeases) and it shall well satisfy those that wait upon God's services under the Gospel; The charge of the Apostle of the Gentiles, is: Let him that is taught in the word communicate to him that teacheth, in all good things, Gal. 6. 6. whereto he adds, ver. 7 Be not deceived, God is not mocked: The charge is serious, and binding: and the required communication is universal; and that with a grave Item of God's strict observation of performance: we may not think to put it off, with Ambroses, mis-pointed reading, of referring the all goods things to the teaching (a conceit sensibly weak, and mis-constructive:) nothing is more evident than that it hath relation to the communicating; wherein (for aught I see) God intends a larger bounty to the Evangelicall ministry then to the legal; where all is to be composed, what is excepted? All, not exclusive of the owner; but imparted by the owner; Let this be really done, there will be no reason to stand upon the Tenths.  
9 But that this may be accordingly done, there is no law that requires a mere arbitrariness in the communicators: the duty of the teacher is punctually set down, and so well known that the meanest of the people can check him with his neglect: and why should we think the reciprocal duty of the hearer fit to be left loose, and voluntary: yet such an apprehension hath taken up the hearts of too many Christians as if the conttibutions to their ministers were a matter of mere Alms; which as they need not to give, so they are apt, upon easy displeasures; to upbraid: But these men must be put in mind of the just word of our Saviour; The labourer is worthy of his wages: The ministry signifies a service; a public service at God's altar; whereto the wages is no less due, than the meat is to the mouth of him that pays it; No man may more freely speak of tithes than myself, who receive none, nor ever shall do: Know then ye proud ignorants, that call your Ministers your Almes-men, and yourselves their Benefactors, that the same right you have to the whole they have to a part: God and the same Laws that have feoffed you in your estates, have allotted them their due shares in them; which without wrong ye cannot detract: It is not your charity but your justice which they press for their own: Neither think to check them with the scornful title of your servants; servants they are indeed, to God's Church, not to you: and if they do stoop to particular services for the good of your souls, this is no more disparagement to them, than it is to the blessed Angels of God, to be ministering spirits, Heb. 1. 14. sent forth to minister for them who shall be heirs of salvation.  
Shortly, it is the Apostles charge ratified in heaven, that they which labour in the word and doctrine should be remunerated with a double honour; that is not formal of words and compliments, but real of maintenance; which he lays weight upon his Timothy to enjoin, 1 Tim. 5. 17.  
10. And surely how necessary it is that we should be at some certainty in this case, and not left to the mere arbitrary will of the givers, it too well appears in common experience; which tells us how ordinary it is, where ministers depend upon voluntary benevolences, if they do but upon some just reproof gall the conscience of a guilty hearer; or preach some truth which disrelishes the palate of a prepossessed auditor, how he strait flies out; and not only withholds his own pay, but also withdraws the contributions of others: so as the free-tongued teacher must either live by air, or be forced to change his pasture: It were easy to instance, but charity bids me forbear.  
Hereupon it is, that these sportulary preachers are fain to soothe up their many masters, and are so gagged with the fear of a starving displeasure, that they dare not be free in the reprehension of the daring sins of their uncertain benefactors; as being charmed to speak either placientia or nothing. And if there were no such danger in a faithful and just freedom, yet how easy is it to apprehend, that if even when the laws enforce men to pay their deuce to their ministers, they yet continue so backward in their discharge of them: how much less hope can there be that being left to their free choice, they would prove either liberal or just in their voluntary contributions?  
Howsoever therefore in that innocent infancy of the Church, wherein zealous Christians out of a liberal ingenuity were ready to lay down all their substance at the Apostles feet, and in the primitive times immediately subsequent, the willing forwardness of devout people took away all need of raising set maintenances for God's ministers; yet now, in these depraved and hardhearted times of the Church, it is more than requisite, that fixed competencies of allowance should by good laws be established upon them; which being done by way of Tithes in those countries wherein they obtain, there is just cause of thankfulness to God for so meet a provision, none for a just oppugnation.   

CASE VIII.  
Whether it be lawful for Christians where they find a country possessed by savage Pagans' and Infidels, to drive out the native inhabitants; and to seize, and enjoy their lands upon any pretence; and upon what grounds it may be lawful so to do.  
WHat unjust and cruel measure hath been heretofore offered by the Spaniard to miserable Indians, in this kind, I had rather you should receive from the relation of their own Bishop, Bartolomaus Casa, then from my Pen.  
He can tell you a sad story of millions of those poor savages made away, to make room for those their imperious successors; the discovery of whose unjust usurpation, procured but little thanks to their learned professors of Complutum and Salamanca: Your question relates to our own case; since many thousands of our nation have transplanted themselves into those regions, which were prepossessed by barbarous owners: As for those countries which were not inhabited by any reasonable creatures, (as the Bermudas, or Summer-Islands; which were only peopled with hogs, and deer, and such like brute dattle) there can be no reason why they should not fall to the first occupant; but where the land hath a known master the case must vary: For the decision whereof some grounds are fit to be laid.  
No nation under heaven but hath some Religion or other, and worships a God such as it is, although a creature much inferior in very nature to themselves; although the worst of creatures, evil spirits: and that religion wherein they were bred, (through an invincible ignorance of better) they esteem good at least.  
Dominion and propriety is not founded in Religion, but in a natural, and civil right; It is true that the Saints have in Christ, the Lord of all things, a spiritual right in all creatures; All things are yours, (saith the Apostle) and you are Christ's, and Christ is Gods: but the spiritual right gives a man no title at all to any natural or civil possession here on earth; yea Christ himself, though both as God, and as Mediator, the whole world were his, yet he tells Pilate, My Kingdom is not of this world; neither did he (though the Lord Paramount of this whole earth) by virtue of that transcendent sovereignty put any man out of the possession of one foot of ground which fell to him, either by birth, or purchase: Neither doth the want of that spiritual interest bebarre any man from a rightful claim and fruition of these earthly inheritances.  
The barbarous people were Lords of their own; and have their Sagamores; and orders, and forms of government under which they peaceably live without the intermeddling with other nations.  
Infidelity cannot forfeit their inheritance to others; no more than enmity professed by Jews to Christian Religion, can escheat their goods to the Crowns under which they live; yea much less: for those Jews, living amongst Christian people, have, or might have had means sufficient to reclaim them from their stubborn unbelief, but these savages have never had the least overture of any saving helps towards their conversion: They therefore being as true owners of their native inheritances, as Christians are of theirs, they can no more be forced from their possessions by Christians, than Christians may be so forced by them: Certainly, in the same terms wherein they stand to Christians, do also in their judgement, Christians stand to them; and if it would seem hard to us, that an inundation of Pagans' should (as heretofore it hath done) break in upon us, and drive us out of our native possessions, how could it seem less unjust in us to them?  
Their Idolatries, and sins against nature are heinous and abominable; and such as for which God of old condemned the seven nations to an utter extirpation; But what commission have we for their punishment? Could we show such a patent in this case as the Israelites had for their wars against Amalek, and those neighbouring heathens, all were sure: But you know who said, What have I to do to judge them that are without? 1 Cor. 5. 12. And if he may not be a Judge, who may be an executioner?  
Refusal of Christianity can be no sufficient ground of either invasion, or expulsion: sith violence is not the appointed way for plantation of the faith: which must be persuaded, and not compelled; that sentence therefore of Pope 
* Greg. cap. Pervenerabilem: & cap. Si non. 23. q. 4. Justum sanctumque esse bellum quod infidelibus à Christianis infertur, ut eis imperio subditis praedicari possit Christi Evangelium, ne si imperio subditi non sint, praedicationi & conversioni corum qui crediderint impedimento esse possint.  Gregory; Justum sanctumque esse bellum etc. (That it is a just and holy war which is by Christians made against Infidels, that they being brought under subjection, the Gospel of Christ might be preached unto them; lest that if they should not be subjected, they might be an hindrance to preaching, and to the conversion of those that would believe;) is surely either not out of the chair, or beside the cushion; and better beseems a successor of Romulus, then of Peter: I may not omit to acquaint you how hotly this main question was disputed by Spanish and Italian Divines upon the very first entrance of this litigious usurpation: At which time Pope Alexander 6. (Anno. 1493.) gave his large Decretory Bull to Ferdinand King and Isabel Queen of Castille and Arragon for his expedition against the barbarous Indians of the then newly discovered world: Genesius Sepulveda a learned Spaniard writ then, in defence and encouragement of this holy invasion, a Dialogue, which he called Democrates secundus, which was published at Rome, by the procurement of Antonius Augustinus, Auditor of the Palace; which no sooner came abroad, than it was eagerly set upon, by the Divines both of Italy and Spain; amongst these latter, the Doctors of Salamanca, add the Completenses; and above them Antonius Ramirus Bishop of Segovia fall foul upon that offensive discourse, which Genesius would fain have vindicated by an Apology, set forth to that purpose; but how insufficiently, it were easy to show, if it were as needful: But to make the matter good, he thinks to back himself by the authority of great, and famous persons, both Counsellors, and Doctors, by him cited; and above all by that loud Bull of 
* Decret. & indultum Alex. 6. super expeditione, etc. Populos in ejusmodi insulis & terris degentes ad Christianam religionem indulcere velitis & debeatis, etc.  Franciscus à Victoria, the famous Professor of Divinity at Salamanca, concerning this so weighty affair; which he hath published with such wisdom and moderation, as so great a business required; stating the question aright on both sides; both showing the insufficiency of the received grounds of that Indian expedition, and directing to those just motives, and rules of proceedings herein, as might be, in such a case, justifiable: to which grave and solid discourse of his, you may, if you please, be referred for further satisfaction.  
Onwards, I shall draw forth some few of such considerations from him as may serve for my present purpose.  
First therefore it is lawful for Christians to travel into any country under heaven; and as strangers to stay there, without any wrong done to the natives; A thing allowed by the law of nations derived from the law nature; By which law it is every where held an inhuman thing to offer ill measure to a stranger. It is the argument that righteous Lot used to the worst of Pagans', the Sodomites; Only unto these men do nothing; for therefore are they come under the shadow of my roof, Gen. 19 8.  
And if before the division of nations, the earth lay freely open to all passengers without scruple, to travel whither they pleased, surely, that partition was never intended to warrant a restraint: And if nature have made the Sea and all the In-lets of it common, it were very injurious to abridge any nation of the free use of so liberal an element.  
Secondly, it is lawful for us to use traffic with those Infidels, and to interchange commodities with them, and to abide upon their coasts for negotiation; and to fish in their sea, and to take part of those profits which nature hath made common to all comers: And if those Pagans' shall oppose us in so warrantable courses, it will be meet for us to tender them all fair satisfaction; persuading them that we intent no harm or prejudice to them in their persons, or estate; but much good to both; labouring to win them by all courteous demeanour; But if they shall fly out, notwithstanding all our kind endeavours, into a violent opposition of us; setting upon us in a hostile manner, offering to cut our throats in so unjust a quarrel, it is lawful for us to stand upon our defence, and to repel one force with another; and to use all convenient means for our security; and if we cannot otherwise be safe, to raise bulwarks or fortifications for our own indemnity; and if we find ourselves overpowered by implacable Savages, to call for the aid and assistance of our friends, and (if the enmity continue and proceed) of our Princes: since the just cause of war is the propulsation of public injuries; and such injury is as great, as barbarous.  
But if not so much cruelty of disposition as fear and suspicion of a strange nation shall arm them against us; our care must be so to manage our own defence, as may be least offensive to them; and therefore we may not take this occasion of killing their persons, or sacking their towns, or depopulating their countries; for that in this case they are no other than innocent.  
If after all gentle entreaties, courteous usages, and harmless self-defence, they shall persist in a malicious hostility, and can by no means be reclaimed from their impetuous onsets; there is now just cause not to deal with them as innocents', but as enemies: and therefore to proceed against them accordingly.  
But an higher and more warrantable title, that we may have to deal with these barbarous Infidels, is, for the propagation of Christian Religion; and the promulgation of the Gospel of Jesus Christ amongst these miserable savages: For which we have good ground from the charge of our Saviour: Go preach the Gospel to every creature; Mar. ult. and he that was in bonds for the name of the Lord Jesus, tells us, the word of God is not bound; 2 Tim. 2. 9 not bound, either in fetters, or within limits: O that we could approve to God, and our consciences, that this is our main motive and principal drift in our western plantations; but how little appearance there is of this holy care and endeavour, the plain dealer upon knowledge hath sufficiently informed us; Although I now hear of one industrious spirit that hath both learned the language of our new-Islanders, and printed some part of the scripture in it; and trained up some of their children in the principles of Christianity: a service highly acceptable to God, and no less meritorious of men: The Gospel than may be, must be preached to those heathens, (otherwise they shall perpetually remain out of the estate of salvation) and all possible means must be used for their conversion; But herein I must have leave to depart from Victoria, that he holds it lawful if the savages do not freely permit (but go about to hinder) the preaching of the Gospel, to raise war against them; as if he would have them cudgeled into Christianity: surely this is not the way: It is for Mahumetans to profess planting religion by the sword; it is not for Christians; It is a just clause therefore, that he puts in, that the slaughters hereupon raised may rather prove an hindrance to the conversion of the savages, as indeed it fell out; the poor Indians being by these bloody courses brought into such a detestation of their masters, the Castilians, that they professed they would not go to heaven if any Spaniards were there.  
The way then to plant the Gospel of Christ successfully among those Barbarous souls, must be only gentle, and plausible: first, by insinuating ourselves into them by a discreet familiarity, and winning deportment, by an holy and inoffensive living with them; by working upon them with the notable examples of impartial justice, strict piety, tender mercy, compassion, chastity, temperance and all other Christian virtues; and when they are thus won to a liking of our persons, and carriage, they will be then well capable of our holy counsels; Then will the Christian faith begin to relish with them; and they shall now grow ambitious of that happy condition, which they admire in us: Then shall they be glad to take us into their bosoms: and think themselves blessed in our society, and cohabitation: Lo this is the true way of Christian conquests.; wherein I know not whether shall be the greater gainer, the victor, or the conquered; each of them shall bless other, and both shall be blessed by the Almighty.   

CASE IX.  
Whether I need in case of some foul sin committed by me, to have recourse to God's Minister for absolution; and what effect I may expect therefrom.  
A Mean would do well betwixt two extremes; the careless neglect of our spiritual fathers on the one side, and too confident reliance upon their power, on the other: some there are that do so over-trust their leaders eyes, that they care not to see with their own; others dare so trust their own judgement, that they think they may slight their spiritual guides: there can be no safety for the soul, but in a midway betwixt both these.  
At whose girdle the keys of the kingdom of heaven do hang, me thinks we should not need dispute, when we hear our Saviour so expressly deliver them to Peter, in the name of the rest of his fellows; and afterwards to all his Apostles, and their lawful successors in the dispensation of the doctrine and discipline of his Church: In the dispensation of doctrine to all his faithful Ministers under the Gospel; In the dispensation of discipline to those that are entrusted with the managing of Church-government; with these latter we meddle not; neither need we, if we had occasion; after the so learned and elaborate discourse of the power of the Keys, set forth by judicious Doctor Hammond; to which I suppose nothing can be added. The former is that which lies before us: Doubtless, every true minister of Christ, hath by virtue of his first and everlasting commission, two keys delivered in his hand; they key of knowledge, and the key of spiritual power: the one, whereby he is enabled to enter and search into, not only the revealed mysteries of salvation, but also, in some sort, into the heart of the penitent; there discovering (upon an ingenuous revelation of the offender) both the nature, quality, and degree of the sin; and the truth, validity, and measure of his repentance: The other whereby he may in some sort either lock up the soul under sin, or free it from sin: these keys were never given him, but with an intention that he should make use of them upon just occasion. The use that he may and must make of them, is both general, and special: General; in publishing the will and pleasure of God signified in his Word, concerning sinners; pronouncing forgiveness of sins to the humble penitent, and denouncing judgement to the unbelieving, and obdured sinner: In which regard, he is as the Herald of the Almighty, proclaiming war and just indignation to the obstinate; and tendering terms of pardon and peace to the relenting and contrite soul: or rather, as the Apostle styles him, 2 Cor. 5. 20. God's Ambassador offering and suing for the reconciliation of men to God; and if that be refused, menacing just vengeance to sinners.  
Special, in a particular application of this knowledge and power to the soul of that sinner which makes his address unto him: Wherein must be inquired both what necessity there is of this recourse, and what aid and comfort it may bring unto the soul.  
Two cases there are wherein certainly there is a necessity of applying ourselves to the judgement of our spiritual guides; The first is in our doubt of the nature and quality of the fact; whether it be a sin, or no sin; for both many sins are so guilded over with fair pretences and colourable circumstances, that they are not to be descried but by judicious eyes; and some actions which are of themselves indifferent may by a scrupulous conscience be mistaken for heinous offences: whither should we go in these doubts but to our Counsel learned in the Laws of God; of whom God himself hath said by his Prophet, The Priest's lips should keep knowledge; and they should seek the law at his mouth; for he is the messenger of the Lord of Hosts, Mal. 2. 7.  
The second is in the irresoluble condition of our souls, after a known sin committed; wherein the burdened conscience not being able to give case unto itself seeks for aid to the sacred hand of God's Penitentiary here on earth: and there may find it; This is that which Elihu, as upon experience, suggesteth unto Job; on his dunghill: Job 33. 22. The soul of the remorsed draweth near to the grave; and his life to the destroyers: ver. 23. But if there be a messenger (of God) with him, an interpreter, one of a thousand, to show unto man his uprightness, (and the soundness of his repentance) ver. 24. then is (God) gracious unto him, and saith, Deliver him from going down into the pit; I have found a ransom, etc. ver. 26. He shall pray unto God; and he will be favourable unto him; and he shall see his face with joy. In case of some dangerous sickness of the body we trust not our own skill, nor some ignorant quack salvers, but seek to a learned and experienced Physician for the prescription of some sure remedies; whereas, if it be but for a sore finger, or a toothache, we care only to make use of our own receipts: And so in civil quarrels; if it be only some sleight brabble, we think to compose it alone; but if it be some main question importing our freehold, we are glad to wait on the stairs of some judicious Lawyer, and to fee him for advice: How much more is it thus in the perilous condition of our souls; which as it is a part far more precious than its earthly Tabernacle, so the diseases whereto it is subject, are infinitely more dangerous, and deadly.  
Is your heart therefore embroiled within you, with the guilt of some heinous sin? labour what you may to make your peace with heaven; humble yourself unto the dust before the Majesty whom you have offended; beaten your guilty breast, water your cheeks with your tears; and cry mightily to the father of mercies for a gracions remission; but if after all these penitent endeavours you find your soul still unquiet, and not sufficiently apprehensive of a free and full forgiveness, betake yourself to God's faithful Agent for peace; run to your ghostly Physician, lay your bosom open before him; flatter not your own condition; let neither fear nor shame stay his hand from probing and searching the wound to the bottom; and that being done, make careful use of such spiritual applications as shall be by him administered to you: This, this is the way to a perfect recovery, and fullness of comfort.  
But you easily grant that there may be very wholesome use of the ghostly counsel of your Minister in the case of a troubled soul; but you doubt of the validity and power of his absolution: concerning which it was a just question of the Scribes in the Gospel; Who can forgive sins but God only? Mar. 2. 6. Our Saviour therefore to prove that he had this power, argues it from his divine omnipotence; He only hath authority to forgive sins, (ver. 7.) that can say to the decrepit paralytic; Arise, take up thy bed and walk; (ver. 9) none but a God can by his command effect this; he is therefore the true God that may absolutely say, Thy sins be forgiven thee: (ver. 10.) Indeed, how can it be otherwise? Against God only is our sin committed; against man only in the relation that man hath to God; He only can know the depth of the malignity of sin, who only knows the soul wherein it is forged; He only who is Lord of the soul, the God of spirits, can punish the soul for sinning; He only that is infinite can doom the sinful soul to infinite torments; He only therefore it must be, that can release the guilty soul from sin, and punishment. If therefore man, or Angel shall challenge to himself this absolute power to forgive sin let him be accursed.  
Yet withal it must be yielded, that the blessed Son of God spoke not those words of his last commission in vain; Whose soever sins ye remit, they are remitted unto them, and whose soever sins ye retain, they are retained; John 20. 23. neither were they spoken to the then present Apostles only, but in them to all their faithful successors to the end of the world.  
It cannot therefore but be granted, that there is some kind of power left in the hand of Christ's ministers, both to remit and retain sin: Neither is this power given only to the Governors of the Church, in respect of the censures to be inflicted, or relaxed by them; but to all Gods faithful ministers, in relation to the sins of men: A power not sovereign and absolute, but limited and ministerial, for either quieting the conscience of the penitent, or further aggravating the conscience of sin and terror of judgement to the obstinate and rebellious; Neither is this only by way of a bare verbal declaration, (which might proceed from any other lips) but in the way of an operative and effectual application, by virtue of that delegate, or commissionary authority, which is by Christ entrusted with them: For certainly, our Saviour meant in these words to confer somewhat upon his Ministers, more than the rest of the world should be capable to receive, or perform, The absolution therefore of an authorised person must needs be of greater force and efficacy, then of any private man, how learned or holy soever, since it is grounded upon the institution and commission of the Son of God, from which all power and virtue is derived to all his ordinances: and we may well say, that whatsoever is in this case, done by God's minister (the Key not erring) is ratified in heaven: It cannot therefore but be a great comfort, and cordial assurance to the penitent soul, to hear the messenger of God (after a careful inquisition into his spiritual estate and true sight of his repentance) in the name of the Lord Jesus pronouncing to him the full remission of all his sins.  
And if either the blessing, or curse of a father go deeper with us, then of any other whosoever; although but proceeding from his own private affection without any warrant from above; how forcible shall we esteem the (not so much apprecatory, as declaratory) benedictions, of our spiritual Fathers, sent to us, out of Heaven?  
Although therefore you may perhaps, through God's goodness, attain to such a measure of knowledge and resolution, as to be able to give yourself satisfaction concerning the state of your soul; yet it cannot be amiss, out of an abundant caution to take Gods minister along with you, and making him of your spiritual Counsel, to unbosom yourself to him freely, for his fatherly advice and concurrence: The neglect whereof, through a kind of either strangeness, or misconceit, is certainly not a little disadvantageous to the souls of many good Christians. The Romish Laity makes either Oracles, or Idols of their Ghostly Fathers; if we make cyphers of ours, I know not whether we be more injurious to them, or ourselves. We go not about to rack your consciences to a forced, and exquisite confession, under the pain of a no remission; but we persuade you for your own good, to be more intimate with, and less reserved from, those whom God hath set over you for your direction, comfort, salvation.   

CASE X.  
Whether it be lawful for a man that is not a professed Divine, that is, (as we for distinction are wont to call him) for a laic person, to take upon him to interpret the Scripture.  
MAny distinct considerations had need to make way to the answer.  
First, it is one thing for a man to interpret Scripture, another thing to take upon him the function of preaching the Gospel, which was perhaps in your intention; this is far more large than the other; every man that preacheth, interpreteth the Scripture; but every one that interprets Scripture, doth not preach: To interpret Scripture is only to give the sense of a Text; but to preach is to divide the Word aright; to apply it to the conscience of the hearer; and in an authoritative way to reprove sin, and denounce judgement against sinners; to lay forth the sweet promises of the Gospel to the faithful and penitent; for the performing whereof there must be a commission to God's minister from him that sends him; upon which the Apostle hath pronounced a (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) Who is sufficient for these things?  
Secondly, it must be considered in what nature, and within what compass the interpretation is; for doubtless the just degrees of callings must be herein duly observed; whether in a public way, as Pastors of congregations; or in a private way, as masters of families; whether in the schools, in a mere Grammatical way; or in the Church, in a predicatory.  
Thirdly, it must be considered, as what the calling, so what the gifts are of the interpreter: for surely, mere interpretation doth not depend upon the profession, but upon the faculty of the undertaker; whether he be learned, or ignorant; whether skilful in languages and arts (which certainly must be required in whosoever would put forth his hand to so holy and great a work) or whether inexpert in both: where these gifts of interpretation, and eminent endowments of learning are found, there can be no reason of restraining them from an exercise so beneficially edificatory to the Church of God: without which the truth of Christian religion had wanted much both of her vigour, and lustre in all generations. How famously is it known that Origen before his entering into holy Orders, even at eighteen years of his age entered into that great work of his Catechise? Act. 18. 24, 25. Apollo's the Alexandrian was an eloquent man, and mighty in scriptures, and taught diligently the things of the Lord; yet knew nothing but the Baptism of John: till Aquila and Priscilla took him to task, and more perfectly expounded to him the way of God; and what happy use it pleased God to make of laic hands, for both the defence and propogation of the Gospel, we need no other witness then S. Jerome; who hath memorised amongst the primitive Christians, Aristides, Agrippa, Hegesippus, Justin, Musunus, Modestinus, both the Apollonii, Heraclius, Maximus, and many others, whom God raised up amongst the learned laity of those times, to Apologise for Christianity; And in the last foregoing age, how scarce removed out of our sight, are Laurentius Valla, both the Earls of Mirandula, Capnio, Fagius, Erasmus, Faber, and the rest of those famous way-makers to the succeeding restitution of the evangelical truth; And what a treasure in this kind had the Church of God lost, if it should have miss the learned annotations upon the scripture, derived to us from the hands of Mercerus, Joseph Scaliger, Drusius, both Casaubons, Tilenus, Grotius, Heinsius, Selden, and such other expert Philogists, never initiated into sacred Orders?  
Fourthly, due and serious consideration must be had of the interpretation itself; that it be genuine, and orthodox: for there can be nothing in the world more dangerous then to misconstrue God speaking to us in his Word; and to affix upon his Divine Oracles a sense of our own, quite dissonant from the intention of that spirit of Truth: care therefore must be taken that the interpretation given be every way conform to the Analogy of faith, and fully accordant to other Scripture; the neglect whereof, through either ignorance or mesprision hath bred many foul and perilous Solecisms in Divinity; To give you a taste of too full a dish: In the 18. of Ecclesiasticus 
* Eccles. 18. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. , where the Vulgar reads, He that lives for ever created all things at once: some, and those no mean ones, of the Ancient, followed also by latter interpreters, have been misled into an ungrounded conceit of an instantany and entire creation of the world, and all the parts thereof, in the first moment of time; whereas the Scripture, hath expressly and punctually set down the several six days, wherein each part of it was distinctly form: which those misconstruers are fain to understand of the distinct notifications given to the Angels concerning this almighty work: and what curious subtleties have been hereupon raised by our school Divines 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. communiler. Montan. , is more fit to be passed over with an unpleasing smile, then to be seriously recounted; whereas the intention of the place, is only to signify that God made all things in the universal world that have any being; intimating not the time of creation, but (as our 
† Estii Annotas. in bocum.  Version hath it) the Generality of things created.  
What advantage the blasphemous Arrians have formerly taken from the misinterpretation of Proverbs 8. 22. where Wisdom is brought in (by the mistaking of some ancients) to say, 
* Prov. 8. 22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  The Lord created me (in stead of possessed me) in the beginning of his may, before his works of old, is more worthy of indignation, than any further prosecution. But most pregnant and notable is the gross mes-prison of a late famous school-man, Franciscus d'Arriba, Confessor to the late Queen Mother of France, who to maintain that new way of reconciling that scholastical difference among the Roman doctors, concerning the effectual aid of Divine Grace, depending or not depending upon free will, (about which he had sixty day's disputation with Cardinal Ascoly and Cardinal Bellarmine; showing how it might well be maintained without the devises of physical predeterminations, or that scientia media of our late Jesuits) relies chiefly for his opinion upon that Text of 
† Vulg. Tra. Esa. 45. 11.  Esay 45. 11. Haec dicit Dominus sanctus Israelis qui fecit ventura, Thus saith the Lord the holy one of Israel who hath made things to come: following a mis-edition of the Vulgar which perverts the sense, by making a wrong stop in the sentence, whereas their own Montanus, and any other that hath but seen the Hebrew Text, would read it; Haec dicit Dominus sanctus Israelis qui fecit eum; Ventura interrogate me: Thus saith the Lord the holy one of Israel; and his maker: Ask me of things to come concerning my sons, etc. referring the ventura, (things to come) to the following interrogate. So Poza the late extravagant Doctor of Spain, in the maintenance of his novel opinions against Fathers and Counsels, pressed against him, stands upon his defence, out of the Synod of Constantinople, Act. 5. grounded upon the 
* Ecclus. 25. 9 Blessed is he that preaches a word unheard of.  words of miscalled, Solomon; Beatus qui praedicat verbum inauditum; corrupting both the Text and the Council; whereas it should be read, verbum inauditum obedientis: and the Council hath it aright, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉:) as ours turns it likewise, well is he that speaketh in the ears of them that will hear: It were easy to fill a just volume with instances of this kind.  
To this purpose it will be requisite to make use of all those helps that may enable an interpreter to understand the Scriptures; whether those that are internal in itself; or external from other supplies: of the former kind are a diligent sifting of the context and inference; and a careful comparing and conferring of one Scripture with another; for all truths agree with themselves; and this Word of God is the Sun that gives us light to see itself external; where it will be needful to call both for the aid of arts and tongues; and for the testimonies and judgements of reverend antiquity, and the not-to-be-neglected authority of modern Doctors; and thirdly, a due regard of those golden rules of Interpreting; which are recommended to posterity by the learned pens of Clemens of Alexandria, Hierome, Augustine, Gerson, Hyperius, Illyricus, Jacobus Mathias, and others; which, as meet for a volume apart, may not expect to find a room in so concise a Tractate.  
The want and neglect of all which requisites what strange work it must needs make with the simple and unlettered, we may well conceive, when great Clerks have hereupon bewrayed so foul and palpable miscarriage.  
Albinus, the learned master of Charles the great, writing upon John, finding it said of Judas that having received the Sop, he went immediately out; 
* Erat autem ipse nox.  Et erat nox; and it was night; puts both together as spoken of Judas; He (faith he) was the night that went out; as Christ is the day that gives knowledge to his disciples, that were day too; so Judas the night gives knowledge to the Jews that were night, of a traitorous wickedness, etc.  
What work 
† Psal. 91. 6. Bern. Ser. 33.  Bernard, (who showed in this, that he saw not all things) makes of the Domonium meridianum, the noone-day-Devill, in one of his Sermons, is evident to be seen; yet had he been as well seen in language as he was fervent in his devotion; he had spared that discourse as raised from a mere ungrounded interpretation; there being no Devil in the text; but a phantasm of his deluded imagination: And if I should set forth the descants that our Postillers run upon the names of Jobs three daughters, I should seem to you as apt to sport in so serious a subject; and if I could think it worth the labour of gathering up the wild senses, far-fetched Allegories, absurd inferences, that ignorant Friars have fastened upon scripture, it is not a small skin that would contain that Tome.  
Surely that man, whosoever he be, that would be hoising sail in these deeps of scripture, had need to be well ballast, and well tackled, and skilful in the Compass, else he will have much ado to escape a wrack: He that will walk in paths of danger had need to have his eyes about him; an hoodwinked man may easily be carried against a post: and he that hath not light enough to see his own way, had need to take heed whom he trusts: He that would blindfold follow those very interpretations which the Church of Rome hath commended for authentical, would run into foul and dangerous absur ditties: let me single out some few confessed by their own Estius, and Lucas Brugensis; such as are plainly contradictions to Scripture, and do, as it were, give the lie to God's spirit. Such is that 2 Sam. 8. 18. Filii autem David sacerdotes erant; The sons of David were Priests: whereas every child knows that the Scripture frequently tells us none could be priests but of Aaron's order and tribe; out of Levies loins; and that David was of the house of Judah: the Septuagint rightly turns it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
* The word in the original is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which every man knows to be used ordinarily to signify either Principes, or Sacerdotes, as Exod. 2. 16. . Again who that shall find it in the Vulgar interpretation: David desperabat etc. David despaired that he could escape from the face of Saul: would not infer that he utterly disinherited God's assurance by the prophet of his future Kingdom; whereas the original is by Estius his own confession, Festinabat, as we also turn it, David made haste to get away etc. 1 Sam. 23. 26. He that should find it reported of one of the sons of Er, Qui stare fecit solemn, (he that made the sun to stand still) would justly wonder what kind of man this was, that had been so long obscured from the world, and yet should have done so strange a miracle as never was done but by Joshua; (1 Chron. 4. 22.) whereas he that looks into the text, shall find no mention at all of the Sun; but only of the mere proper name of Jochim the son of Er.  
He that shall read in Job, where God speaks of the Leviathan; Cum sublatus fuerit (i Leviathan) timebunt Angeli et territi purgabuntur; when he raiseth up himself the Angels shall fear, and being terrified shall be purged; Job 41. 25. would sure think this Whale were the Devil, (as some ancients have mistaken him) and may well wonder how the good Angels (being celestial spirits) could be capable of fear; or how the evil Angels could be capable of purging: when the text hath no men●ion, nor thought of 
* Where doubtless 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was mistaken for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which title is sometimes given to the Angels. 1 King. 11. 5.  Angels; but only signifying the strength and terribleness of the Whale expresses it in these words; When he raiseth up himself the mighty are afraid; by reason of break they purify themselves. Solomon was faulty enough in his Idolatry, but he that shall read 1 Kings 11. 5. (in the Vulgar interpretation) that he went after Chamosh the God of the Moabites, shall add one Idol more to him then we find him guilty of. Solomon was in his holy and regular times, 1 King. 4. 32. full of heavenly meditations, and divine ditties: but he that should follow the Vulgar interpretation, would fasten upon him almost 
* Quinque milla, for mille & quinque, five thousand, for a thousand and five.  four thousand more than ever he owned.  
After that Merab Saul's eldest daughter was given away to Adriel the Meholathite, 1 Sam. 18. 20. contrary to engagement, he that will follow the Vulgar, must say that David strait fell in love with Michal, the other sister; whereas the text tells us that Michal fell in love with him.  
He that should find in the Vulgar construction, that Saul sung all the day naked before Samuel in Naioth; would think his new prophesying had put him into a merry vein; 1 Sam. 19 24. whereas the text only tells us that he fell down stripped of his wont clothes. 
† Cecinit for Cicidit.   
He that should find in the Vulgar, Psal. 71. 5. David reporting of himself [Non novi literaturam] I know no learning, would wonder at the Prophet's disparagement of his skill, who had elsewhere professed himself wiser than his teachers; whereas all that he says, is, 
* The word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 numeros.  that the mercies and blessings of God upon him have been so many, that he knows not the numbers thereof.  
He that should find the seven Angels in the Revelation Vestitos lapide; clothed with stone 
† Rev. 15. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Suid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Rev. 15. 6. , Rev. 15. 6. would sure think them buried; whereas the Text is, clothed in pure white linen.  
And what do you imagine would a plain reader think of that charge of the wise man; Noli velle mentiri omne mendacium; Be not willing to lie all manner of lies, Ecclus. 7. would he not strait say: some belike I am allowed to lie? whereas the words are peremptory even in Estius his reading, according to ours; Use not to make any manner of lies.  
Yea that very correction of the Vulgar interpretation which Brugensis allows and magnifies, 1 Cor. 15. 51. with what safety can it pass the judicious; whiles he reads; Omnes quidem resurgemus, sed non omnes immutabimur; We shall all rise again, but we shall not all be changed: For how can those rise again, that never died? how are those capable of a resurrection, which are only changed? Whereas the just sense runs according to our 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pro 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Version, We shall not all sleep, but we shall all be changed. For those that are found alive at our Saviour's second coming shall not sleep in death; yet both they and the formerly dead must undergo a change.  
I could utterly weary you with instances; How must he that reads the Apoeryphall Ecclesiasticus, needs say that this man (how obscure soever in his authority) saw more and clearer than all the acknowledged Prophets of the Old Testament; for he hath foretold us expressly the very name of our Lord Jesus which none of them ever before hand published: For he (Ecclus. 43. 23.) speaking of the deep sea, is read in the Vulgar to say, Plantavit illum Dominus Jesus: The Lord Jesus planted it: I shame to think what sport a Jew will make of such a gross mistaking; wherein 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jesus is mis-read, for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: Islands: so as the right sense is only this; God by his counsel appeaseth the deep, and planteth Islands therein; But I forbear, only if you have too much leisure, you may be pleased to cast your eye upon the Margin.  
In these and many more (for I meant to give you but an assay) the 
Neh. 6. 2. Percutiamus soedus in vitulis, in campo uno: for, In viculis, in campo, Ono. Anni nostri sicut aranca meditabuntur, Psal. 90. 9 for, as a tale that is told: Concupiscentia spadonic devirgivabit juvenculam, Ecolus. 20. 4. Super for subter. Gen. 35. 8. Vulnera for ulccra, Exod. 9 9 Distinctum for Bis tinctum, Exod. 49. 28. Sanctuarii for Sancto atrii, Levit. 6. 16. Tonsis for Tusis, Levit. 22. 24 Neque for atque, Levit. 25. 11. Solis, for salis, Deut. 29. 23. Non fucrit, for fucrit. Josh. 2. 18. Occidentalem, for Orientalem, Jos. 12. 3. Hamata for Squamata, 1 Sam. 17. 5. Vagi habitabunt for pagi habitabuntur, 1 Sam. 27. 8. Judam for Ludam 2 Sam. 6. 20. Tumulum for tumultum, 2 Sam. 18. 29. I apides seculi, for Sacculi; Prov. 16. 11. Ad alia for ad alta, Prov. 26. 2. Sponsa for Spcciosa, Cant. 2. 13. Adultera for adulta, Ecclus. 42. 9 Infidelem for fidelem, Esa. 17. 10. Imitantes for irritantes: Terra for ●er, Ecclus 48. 2, 3. Obsurduit for obsorduit, Esa. 33. 19 Imprudentem for impudentem, Esa. 33. 19 Faunis sicariis for fatuis sicariis. Esa. 50. 39 Vinctas, for tinctas. Ezec. 23. 13. Ejiciat, for mittat. Mat. 9 38. Angelus for Angulus. Zach. 10. 4. Servivit for servavit, Ose. 12. 12. Confessus, for confusus, Mar. 8. 38. Sexta for tertia, Mar. 15. 25. Mytelem for Melita, Acts 28. 1. Compellebantur, for Complebantur. Luk. 8. 23. Placucrunt for Latuerunt. Heb. 13. 2. Adduxistis for addixistis. Jac. 5. 6. In carne for in carcere, 1 Pet. 3. 19 Apppropiuquabit for appropinquavit, 1 Pet. 4 7. Tubarum for turbarum, Rev. 19 1. De igne Chaldaeorum for de ur Chaldaeorum, Nehem. 9 7.  mistakes are important, and such as make no small change in the Text; which I have therefore produced that I might let you see how easy it is for a man that takes all things upon trust to be abused by his credulity; and how unsafe it is much more for an unexpert and injudicious person to meddle with the holy Oracles of the Almighty.  
The conclusion than must be, that however it may be lawful for the eminently learned, either in schools or families, (according as their calling may warrant them) to interpret even difficult Scriptures, and to untie the knots of a Text; yet since not many are thus qualified, and those that are so qualified, if they neglect to follow the prescribed rules, may easily miscarry, to the great peril both of their own souls, and others; I should therefore advice that this may be the act of but some few choice persons, and of them, with all possible caution: and that ordinary Christians, if they have a desire, (besides all fundamental truths (which are laid down openly and clearly in the sacred Word of God) to inform themselves in those darker verities, which lie hidden in more obscure Scriptures) to have recourse to their learned and faithful Pastors; and rather to rest in that light which they shall receive from their well-digested instructions, then to rely upon their own (perhaps confident, but much weaker) judgement.    

RESOLUTIONS. The fourth Decade. Cases Matrimonial.  

CASE I  
Whether the marriage of a Son or Daughter without or against the Parent's consent may be accounted lawful.  
MAtrimony, though not a Saorament, yet a sacred institution of God for the comfort and propagation of mankind, is so fruitful of questions as that 
* Thom. è Sanchez. Societ. Jes. Theol. Dematrimonio.  Sanchez the Jesuit hath stuffed and in the 
* L. 2. c. De Patribus qui etc.  law civil there is the like permission, although under certain conditions; and particularly in an utter exigency, Victus causa; To the latter whereof, some 
† Covarruv: l 3. var. c. 14. ex Accursio & aliis. Les. l. 2. c. 5. D●b. 4.  Expositors hold so strictly, as that they will not admit this to be done for the redemption of the parent from death, or perpetual bondage; but only to preserve him from affamishing: wherein certainly they are over-strait laced, and too much wedded to syllables; it being questionless the intention of the law to comprehend all equally-pressing necessities; to which they add that this must be only in the father's power, and that to a child not emancipated, and left to his own disposing: It is not in my way to dispute the case with them, take it at the easiest, it sufficiently shows the great power that Nature itself yields to the parent over the child; By how much stronger than the parent's interest is in the child, so much more wrongful it must needs be in the child to neglect his parents in finally bestowing himself; And if we look into the positive law of 
† Num. 30. 3, 4, 5, 6.  God, we shall find the child so wholly left to the parents will and disposition, as that he may, at his pleasure, dispense with, or frustrate the vow of his child made to God himself.  
Neither do the 
* Lesle. de Jure l. 2. c. 40. dub. 14.  Roman doctors generally hold otherwise this day in case of an underage; and some of them extend this power yet further; yet not without a distinction: holding, that after the age of puberty, those vows only are in the mercy of the father, which may be prejudicial to the government of the family, and paternal power; which is sufficient for my purpose in the question in hand.  
And although those Casuists do sufficiently dote upon their 
* Navar. enchir. 4. prae. c. 14. h. 14. Filius qui parentibus in extrema necessitate constitu● is etc.  Monkery, and the vows thereunto appertaining; yet they ascribe so much to the bond of filial duty, as that they teach, That a son which (his parents being in extreme need, and wanting his help) enters into a religious order; or comes not out of it (though professed) when he might be likely by his coming forth to be aidful to his said parents, is guilty of a sin against the fifth Commandment: so as even with them, the respect to a parent ought to over-weigh a vow of religion; although consummate by a solemn profession.  
But, that you may not object to me the age of the law as therefore abrogated because Mosaical; hear what the chosen vessel says under the new law of the Gospel.  
If any man think that he behaveth himself uncomely towards his virgin if she pass the flower of her age, and need so require, let him do what he will; he sinneth not; let her marry: (1 Cor. 7. 36.) Nevertheless he that standeth steadfast in his heart, having no necessity; but hath power over his own will, and hath so decreed in his heart that he will keep his virgin, doth well etc. (ver. 37.) Lo, the Apostle supposeth it in the parent's power either to keep his daughter a virgin, or to dispose of her in marriage: she is not her own, either to hold, or give; but must be altogether ordered by the superior will of a parent: Not, that any force is allowed either way, to be used towards the daughter; whether to continue her in a constrained virginity, or to cast her against her mind upon a dis-affected match; No, that God who disposeth all things sweetly, would have us do so too; he allows parents to be rulers of their children, but not tyrant's: what they do therefore in this kind, must be more by counsel, than command: and with more sway of love, than authority: thus, consulting wisely with the state of times, and the child's disposition, and abilities of containing, must the parent either keep his virgin, or labour for the provision of a meet consortship: Thus did the two great Patriarches of Gods ancient Church, Abraham and Isaac, provide fit matches for their holy seed; whiles the unholy provided unfit matches for themselves: Thus did their godly issue in all generations take their parents along with them in the choice of meet yoke follows, whiles the godless, whether out of impetuous lust, or stubborn disobedience, affect with Esau, Gen. 28. 6, 7, 8. to be their own purveyors, to the great regret, and heart-breaking of their parents.  
Lastly, the latitude that S. Paul gives of the liberty of marriage to all Christians is, Tantum in Domino; only in the Lord; 1. Cor. 7. 39 Now how can that marriage be in the Lord, which is against him? and how can that be other then against the Lord; which is against the Lord's commandment? And what commandment can be more express then, Honour thy father and thy mother, Gal. 6. 1. And, Children obey your parents? ver. 2. And what can be more contrary to the honour and obedience due to Parents, then to neglect them in the main business that concerns our lives? And what business can concern our life so much, as the choice of a meet partner, with whom we may comfortably wear out all the days of our pilgrimage on earth?  
Doubtless then, we may in a generality safely conclude, that it is altogether unlawful for a child to slight his Parents consent in the choice of his marriage; There may be some particular cases incident, wherein perhaps this may without sin or blame be forborn; as when the child either by general permission, or former elocation shall be out of the Parents disposing, or where the parent is defective in his intellectuals, or where the child lives in remotis, out of the compass of intelligence; or where the Parent being averse from the true Religion denies his consent to match with any but those of his own strain; or shall upon other by-occasions wilfully stand upon so unreasonable terms, that neither friends nor authority can overrule him; But where these or the like preponderating exceptions do not intervene, the child cannot without sin balk the Parents consent to his choice in marriage.  
But though such marriages without, or against consent, be not lawfully made; yet being once made; they are valid. 
* Matrimonia esse irrita, etc. Instit. de nuptiis et, ff. de jure nuptiarum. Ita & Evarist. in constit. edita. Anno C. 100  The civil law, out of the grounds of policy, goes herein too far, which sentenceth those marriages void, which are made without the consent of Parents, or Guardians; but as Matrimony hath something in it of Nature, something of Civility, something of Divinity, as instituted by God, and by him to be regulated; so sure this last interest ought to oversway the other two; The marriage therefore thus made, being though faulty yet true, is doubtless after consummation indissoluble. The party's repentance, and the parents sorrow may have leisure to afflict them, no power to relieve them.   

CASE II.  
Whether Marriage lawfully made may admit of any cause of divorce, save only for the violation of the marriage bed by fornication or adultery.  
OUr Saviour hath so punctually decided the case in his Divine Sermon upon the mount, that I cannot but wonder at the boldness of any man, who calls himself a Christian, that dares raise a question after so clear and full a determination from the mouth of Truth itself.  
Whosoever (saith he) shall put away his wife, saving for the cause of fornication, causeth her to commit adultery; and whosoever shall marry her that is divorced, committeth adultery, Mat. 5. 32. Yet I find this so evident an assertion checked by two sorts of adversaries; The one, certain wild novelists, who admit of very sleight causes of separation; the other, Romish Doctors, who pled for some other main and important additions to this liberty of divorce.  
I have heard too much of, and once saw, a licentious Pamphlet thrown abroad in these lawless times, in the defence, and encouragement of Divorces (not to be sued out, that solemnity needed not, but) to be arbitrarily given by the distiking husband, to his displeasing and unquiet wife; upon this ground principally, that Marriage was instituted for the help and comfort of man; where therefore the match proves such, as that the wife doth but pull down a side, and by her innate peevishness, and either sullen, or pettish and froward disposition brings rather discomfort to her husband, the end of Marriage being hereby frustrate, why should it not, saith he, be in the Husband's power (after some unprevailing means of reclamation attempted) to procure his own peace, by casting off this clog, and to provide for his own peace and contentment in a fitter Match?  
Woe is me: To what a pass is the world come that a Christian pretending to Reformation, should dare to tender so loose a project to the public? I must seriously profess when I first did cast my eye upon the front of the book, I supposed some great wit meant to try his skill in the maintenance of this so wild, and improbable a paradox; but ere I could have run over some of those too wel-penned pages, I found the Author was in earnest, and meant seriously to contribute this piece of good counsel in way of Reformation to the wise and seasonable care of superiors: I cannot but blush for our age, wherein so bold a motion hath been, amongst others, addmitted to the light: what will all the Christian Churches through the world, to whose notice those lines shall come, think of our woeful degeneration in these deplored times, that so uncouth a design should be set on foot amongst us?  
Or how can they construe it other, than a direct contradict on to our Saviour's sentence, in maintaining that practice, which he expressly professeth to oppose? for, what was the Jewish guise here checked by our Saviour, but a voluntary repudiation of a lawful wife upon the terms of dislike, other than fornication? Their misinterpretation of the Law alluded unto, argues no less; The law alluded unto is, that of Deuteronomy; where God says, When a man hath taken a wife, and hath been her husband, and it shall be, that she find not grace in his eyes, because he hath found in 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  her matter of nakedness, he shall write her a bill of divorcement, and send her away, Deut. 24. 1. whereupon he infers with an, Ego dico, I say unto you, Whosoever shall put away his wife saving for fornication, causeth her to commit adultery: the matter of nakedness therefore, for which the Jews were then wont to divorce their wives, (and offended in so divorcing them) was any other displeasing quality, besides the breach of wedlock through bodily uncleanness; for which only had they dismissed their wives, our Saviour had neither faulted their Gloss, nor their Practice; so as herein Christ the giver of the Law, decides one of those great controversies, which were agitated between the emulous schools of Sammai, and Hillel: determining on Sammai's side, that for no other nakedness but that of adultery it was lawful to divorce a wife: and flatly condemning by the like answer that [〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉] (Mat. 19 3.) every cause of repudiation then ordinarily received; as it was by the Pharisee purposely propounded unto him.  
Answerable whereunto is that of the Prophet Malachi, who (in our just reading) hath so fully decided the cause, as if it had been expressly referred to his umperage: The Lord (saith he) hath been witness between thee, and the wife of thy youth; against whom thou hast dealt treacherously: Yet is she thy companion, and the wife of thy covenant, Mal. 2. 14, 15, 16. (Lo, the wife of thy covenant; therefore too sure settled to be turned off upon every sleight occasion; what? was thy covenant to take her for thy wife till thou shouldst dislike her? what were this but to mock God, and the world? thy covenant implies no less than firmitude, and perpetuity.)  
Therefore take heed to your spirit; and let none deal treacherously against the wife of his youth: For the Lord the God of Israel saith that he hatoth putting away; For one covereth violence with his garment, saith the Lord of hosts: Therefore take heed to your spirit that you deal not treacherously. What is this treachery, which the Prophet cries out against, thus vehemently thrice over, with a breath; but pretended and unjust suggestions against a lawful wife for her undue divorce? and what is that violence, but the injurious execution of those suggestions? upon which unsufficient grounds the Lord professes to hate putting away.  
Yea how apparently contrary is this practice to the very original institution of marriage itself? He that made it in paradise ordained thus: Therefore shall a man leave his father and his mother and shall cleave unto his wife; and they two shall be one flesh: Gen. 2. 24. Lo before ever there was father, or mother, or son in the world, God hath appointed that the bond betwixt husband and wife shall be more straight and indissoluble then betwixt the parent, and child; and can any man be so unreasonable as to descend it lawful, upon some unkind usages, or thwartness of disposition, for a parent to abandon and forsake his child; or the son to cast off his parent? much less therefore may it be thus betwixt an husband and wife: They two are one flesh: Behold here an union of Gods making: A man's body is not more his own, than his wife's body is his: And will a man be content to part easily with a piece of himself? Or can we think that God will endure an union made by himself to be so slightly dissolved? Or how is this bodily matrimony a lively image of the spiritual marriage betwixt Christ and his Church (who hath said, I will betrothe thee unto me for ever; Yea I will betrothe thee unto me in righteousness, and in judgement, and in loving kindness, and in mercies, Hos. 2. 19) if upon small occasions it may be subject to utter dissolution? Yea, what speak I of Divinity? Even modest Heathens would hiss this Libertinism off the stage: Amongst the rest, what a fool was Socrates? The Oracle, belike, called him the wisest man of his time; but what a fool was he to endure the unquiet clack of his Xantippe with such cool patience, if he might have quit himself of the trouble with a sudden act of her dismission? Or what use was there of those Delegates of Athens and the Harmosyni of Lacedaemon for the piecing up of these domestic breaches betwixt husband and wife, if the imperious husband had power to right himself by turning the scold out of doors?  
Lastly, what silly counsel was that which the Jewish Rabbi gave to his client, matched with a shrew; The bone that is fall'n to thy lot, that do thou gnaw upon; if it were altogether free for him to leave that bone, and take another?  
But I have dwelled too long on so gross a subject: There may yet seem some better colour for the plea of the Romish doctors which admit infidelity and heresy into the rank of those causes which may warrant a divorce: But herein the ambiguity of the word (if heed be not taken) may deceive you; The 
* Deut. 24. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Hebrew text, to which our Saviour alludes, uses a word which signifies excision, or cutting off; The Greek, a departing away, or putting off; The Latin, Divortium, in his true sense is not so heinous as either of the other; signifying rather a turning aside, but in our ordinary acception amounts to no less then both. But what unjust difference they make betwixt final separation and dissolution, we shall find in our next discourse: Onwards, that such separation may not be made of man and wife (lawfully joined together) for heresy, or misbelief; we need no other conviction than that peremptory and clear determination of our Saviour which we have formerly infisted on: For though his words on the mount were in a way of doctrinal assertion, yet afterwards, the same words were used by him, in way of a satisfactory answer to the pharisees question concerning causes of divorce; professedly resolving that there could be no allowable ground of such separation except fornication. What words can be more plain? It is but a shift to say (as the Cardinal doth) that our Saviour here meant only to express the proper cause of the separation of married persons; which is the breach of marriage faith: as having no occasion to speak of those general grounds which reach to the just sundering of all human societies; such as Heresy and Infidelity; which are enough to unglew all natural and civil relations betwixt father and son, master and servant, husband and wife: For it is clear that neither question nor answer were bounded with any particularities; The Pharisee asks, Whether for every cause; Our Saviour answers; For no cause but fornication; And it is spoken beside the book, that child or servant should or may forsake parent or master in case of Heresy, or Infidelity: S. Paul teacheth other Doctrine: Let as many servants as are under the yoke (of bondage) count their (infidel) masters worthy of all honour; 1 Tim. 6. 5. not worthy therefore of desertion, and disclamation: And if the servants may not shake off the bonds of duty; much less may the son break or file off the bonds of nature; and as for the matrimonial knot, how too sure it is to be loosed by infidelity itself, let the Apostle speak; If any brother hath a wife that believeth not, and she be pleased to dwell with him, let him not put her away, 1 Cor. 7. 12. And the woman which hath an husband that believeth not; and if he be pleased to dwell with her, let her not leave him, ver. 13. And if even Infidelity have not power to disoblige the wife or husband, much less, Heresy: In this pretended c●se therefore to separate from board and bed, is no better than a presumptuous insolence; It is the peremptory charge of Christ, What God hath joined together, let not man put asunder, Mat. 19 6. In all lawful marriages, it is God that joins the hands and hearts of the Married. How dare man then undo the work of God upon devises of his own? Had the Lord ever said, If thy wife be a wilful mis-beleever, rid thy hands of her; this separation were just; but now that his charge is clean contrary, what an impious sauciness is it to disjoin those whom God hath united?  
As therefore, it is not in the power of any third person, upon any whatsoever pretence, violently to break the sacred bond of Marriage; so neither may the husband, or wife, enthrall each other by a wilful desertion; whether upon pretext of religion, or any secular occasion; In which case what is to be done must come under a further disquisition; Certainly it was never the intention of the holy and wise God, by virtue of that which was ordained for man's comfort, and remedy of sin, to bind him to a remediless misery; which must necessarily fall out, if upon the departure of an unbelieving, or heretical yoke-fellow, the relict party must be tied up to a perpetualll necessity of either containing, (if he can) or, if he can not, of burning; The wise Doctor of the Gentiles well foresaw the dangerous inconvenience that must needs hereupon ensue, and hath given order for prevention, accordingly.  
But if the unbelieving depart, let him depart; A brother, or a sister is not under bondage in such cases; but God hath called us to peace, 1 Cor. 7. 15. Not, that it is free for a man or woman so forsaken, to carve him, or herself of redress (what an infinite confusion would follow upon such licentiousness?) but that after long and patient expectation, and all probable means used for the reduction of the party deserting; recourse be had (as to the last refuge) to public Ecclesiastical authority (which is the fittest to manage these matrimonial affairs, in whose power it may be, either by grave admonitions, and just censures to bring back the offender to his duty; or upon his continuing contempt, to set a day for the publication of the just freedom of the forsaken: wherein they shall do no other than execute that Apostolic sentence for exemption from an unjust bondage, and providing for a just peace.   

CASE III.  
Whether after a lawful Divorce for adultery, the innocent party may marry again.  
ALthough Matrimony be not, according to the Romish tenet, one of those Sacraments which imprint an indelible Character in the receiver; yet it hath, as they hold, such a secret influence upon the soul, as that it leaves a perpetual bond behind it, never to be dissolved till death; So as those offenders, which by just censure are separated from the board and the bed, cannot yet be freed from the bond of marriage: upon this ground it is that they bar the innocent party from the benefit of a second marriage, as supposing the obligation of the former, still in force. In the ordinary Bills of the Jewish divorce, the repudiated wife had full scope given her of a second choice; as the words ran: 
* Maimon. Treat. of Divorce.  She was to be free, and to have power over her own soul; to go away; to be married to any man whom she would: They were not more liberal, than our Romish divorcers are niggardly: The Jewish divorce being upon unwarrantable cause, made their liberality so much more finfull, as their divorce was more unjust: for the divorced woman was still in right the lawful wife of that unrighteous husband that dismissed her; the Romish doctrine makes their strait-handednesse so much more injurious, as the cause of separation is more just.  
Even this question also is expressly determined by our Saviour in his answer to the Pharisee: Whosoever shall put away his wife except it be for fornication, and marrieth another, committeth adultery: Mat. 19 Lo then, he that for so just a cause as fornication putteth away his wife and marrieth another, committeth not adultery: the exception manifestly implies so much, both in reason and common use: neither indeed, are the words capable of any other probable sense: That which Bellarmine would fasten upon it, referring the exception to the former clause, of dismission only, so as it might be lawful to divorce only for fornication, but not to marry after divorce; cannot stand without a supply of words of his own, which God never allowed him to intersert; and besides utterly destroys the sense; casting such a doctrine upon our Saviour, as he would hate to own; for except that restraint be referred to the marrying again, the sense would run thus, whosoever puts away his wife commits adultery; which stands not with truth or reason: sith it is not the dismission, that is adulterous, but the marriage of another: It is therefore the plain drift of our Saviour, to teach the Pharisee, that the marriage of a second wife (after dismission of a former, upon any other cause except for fornication) is no less than adultery: thereby enforcing, that upon a just dismission for fornication, a second marriage cannot be branded with adultery.  
Neither will it serve his turn, which he would borrow from S. Augustine, that upon this negative of our Saviour's, we may not look to build an affirmative of our own; for though it be granted, that he, who putting away his wife not for fornication, and marrieth another, sinneth; yet it follows not that he who having dismissed his wife for fornication, marrieth another, sinneth not at all: A sin it may be, though not an adultery: For surely if it be a sin, it must be against a commandment; and if against any commandment, it must be against the seventh; and what is the seventh commandment, but Thou shalt not commit adultery? Besides, the Pharisees question [Is it lawful for a man to put away his wife for every cause?] was not without a plain implication of liberty to marry another; which our Saviour well knowing, gives a full answer as well to what he meant, as what he said; which had not been perfectly satisfactory, if he had only determined that one part concerning dismission, and not the other concerning marriage; which clause if two other Evangelists express not, yet it must be fetched necessarily, from the third; since it is a sure and irrefragable rule; That all four Evangelists make up one perfect Gospel. It is therefore a very tottering and unsure ground which our Rhemists build upon; as if the Apostle meant to cross his Lord, and master, when he saith, The woman which hath an husband is bound by the law to her husband, so long as he liveth, Rom. 7. 2. therefore only death can dissolve the bond of marriage; not divorce, not adultery, not divorce for adultery: For how plainly do the words carry their answer in themselves: 
* So also 1 Cor. 7. 39  The woman (saith the Apostle) that hath an husband: but the woman legally divorced for fornication, hath no husband: S. Paul speaks of a true wife, not a divorced harlot: He had no occasion here to look aside at matter of divorce, but takes marriage as in its entire right; rather desiring to urge (for clearing the case of our obligation to the law) that the husband being once dead, the wife is free to marry again, then to intimate the case of her incapacity to marry till he be dead.  
As for that bond therefore, which is so much stood upon, if it be taken without all relations to the duties of bed, and board; it is merely chimerical; nothing but fantasy. There are, or should be Bonds of affectation; Bonds of mutual respects, and reciprocal duties betwixt man and wife; and these must hold firm notwithstanding any local separation; neither time, nor place may so much as flacken, much less lose them: but, where a just divorce intervenes, these bonds are chopped in pieces, and no more are, then if they had never been: And if all relations cease in death, (as they do, in whatsoever kind) surely divorce, being (as it is) no other than a legal death, doth utterly cut off (as the Hebrew term imports) all former obligations and respects betwixt the parties so finally separated.  
The adulterous wife therefore duly divorced being thus dead in law as to her husband, the husband stands now as free as if he had never married: so as I know not why the Apostle should not as well speak to him as to any other; when he saith: Nevertheless to avoid fornication, let every man have his own wife, 1 Cor. 7. 2. Neither is it otherwise in the case of a chaste wife after her separation from an adulterous husband, Mar. 10. 12. In these rights God makes no difference of sexes; both may lawfully claim the same immunities: which certainly should they be denied to either, must needs draw on very great inconveniences: For in how hard a condition should the innocent party be hereupon left? Either the husband, or wife must be forced to live with an adulterous consort; or be tied to a perpetual necessity of either doing that (which perhaps they cannot do) containing; or of suffering that which they ought not to endure, burning.  
What remedy now can be expected of so great a mischief? Our Romish Doctors propose two; Reconciliation, or Continence: Both good, where they may be had; Reconciliation, in case of a seasonable and submiss repentance; That which is the Apostles charge in case of desertion, holds here also, [〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉] let her be reconciled; the more heinous the wrong is, the more commendable is the remission.  
Continence, after such separation, in case of ability so granted: for surely this holy disposition is a gift; and therefore is not had, where it is not bestowed; those that place it in our power, derogate from the thanks of the giver: yea, he that gives it tells us all cannot receive it: Mar. 19 11. he must not only give it, but give us power to take it.  
But where the offending party is obstinately vicious; and the innocent (after all endeavours) unable to contain, without a supply of Marriage, the case is remediless; and we know God's mercy such, as that he leaves no man for matter of resolution utterly perplexed.  
Shortly then, I doubt not but I may (notwithstanding great authorities to the contrary) safely resolve, that in the case of divorce it is lawful for the innocent person to marry; But for that I find the 
* Decrecing to take bonds of the persons divorced to remain single. Can. & Constit. c. 107.  Church of England hitherto somewhat tender in the point; and this practice, where it rarely falls, generally held, though not sinful, yet of ill report, and obnoxious to various censures: I should therefore earnestly advice, and exhort those whom it may concern, carefully, and effectually to apply themselves to the forementioned remedies: Reconciliation, if it be possible, to prevent a divorce; Holy endeavours of a continued continence, (if it may be obtained) to prevent a second marriage after divorce: But if these prevail not, I dare not lay a load upon any man's conscience which God hath not burdened; I dare not ensnare those whom God will have free.   

CASE IU.  
Whether the authority of a Father may reach so far as to command or compel the Child to dispose of himself in Marriage where he shall appoint.  
THe extent of a paternal power, as we have partly showed already, hath been wont to be very large; reaching in some cases by the Civil law to the life of the Child; and by the Jewish law, to his liberty: so as it might seem much more over ruling in case of Marriage; which also seems to be intimated by the Apostle in that he supposes, and gives a power to the parent either to give or keep his virgin: And how apt parents are to make use of this awful authority in matching their children for their own worldly advantage, contrary to their affections and disposition, we have too lamentable experience every day; neither is it easy to set forth the mischievous effects that have followed upon those compelled marriages: for hence ensue perpetual discontentments to the parties so forcedly conjoined; an utter frustration of the end of marriage, which should be mutual comfort: and not seldom, dangerous machinations against the life of the dis-affected consort; as it were too easy to instance every where; but especially, if the affections of the young couple have been before (as it oft falls out) placed elsewhere; what secret heart-burnings; what loathing of conjugal society; what adulterous plottings do strait follow; what unkind defiances pass between them? how do they wear out their days in a melancholic pining, and wish each other, and themselves dead too soon? Yea herein an imperious or covetous parent may be most injurious to himself, in robbing himself of that comfort which he might receive from a dutiful child in her person, in her posterity: For the avoiding of which mischiefs it were meet and happy, that both parent and child could both know their limits, which God, and nature hath set, and keep them.  
Let the child then know that he is his parents; that as he was once a part of them, in respect of his natural being, so he should be still in his affections, and obsequiousness, and therefore that he ought to labour by all means to bring his heart unto a conformity to his parents will and desire, according to that universal rule of of the Apostle, Children obey your parents in all things; for this is well pleasing unto the Lord: Colos. 3. 20. The word is comprehensive, In all things. Things unlawful pass for impossible; we only can do, what we ought; In all those things then which are honest, lawful, just, parents must be obeyed: And the motions for marriage being such, impose upon the child so far a duty of obedience as that he is bound to work his affections what he may, to a compliance with his parents will: the wilful neglect whereof is no better than a kind of domestic rebellion.  
Let the parent again consider, that the child however derived from his loins, is now an entire person in himself; that though the body came from him, yet the soul was from above; that the soul of his child is endowed with powers, and faculties of its own; that as he is not animated by his parents spirits, so he is not inwardly swayed by his parents will or affections; that when his reason comes to be improved, there may be differences of judgement betwixt his parent and him; and from thence may arise a diversity or contrariety of affections and desires; and these affections and passions may grow to such strength as that he himself shall not be able to master them; and if the parent fool himself subject to such infirmities, well may he be induced to pity those whom a vigorous heat of youth hath rendered more headstrong and unruly; withal, let him consider that though the child should be advised by the parent, yet it is fit that he should like for himself; that the will is to be led, not driven; that no marriage can be happy, but that which is grounded in love; that love is so altogether voluntary, that it cannot consist with constraint.  
Lastly, let him know that the power of the father though great, yet is not unlimited; It is the charge which the father of mercies hath laid upon all earthly fathers, in their carriage towards their children; Fathers, prevoke not your children to wrath, (or (as the 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Eph. 6. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Colos. 3. 2.  Vulgar reads it) to indignation,) lest they be discouraged: and surely, if there be any thing, wherein the passion of the child may be like to be inordinately stirred, it is in the crossing of an once-well-setled affection; and diverting the stream of love into another channel; For the avoiding whereof the Imperial laws have been so indulgent to the child; as that (according to their best glosses) they permit not the father to disinherit the daughter for choosing an husband, not unworthy of herself, though against her father's mind; yea some of them have gone a step further: but I forbear: How far it may be lawful, and fit for the parent to punish the disrespect of a child, in so important a case, is not for me to determine; doubtless where the provision is arbitrary, the parent will be apt so to manage it, as to make the child sensible of a disobedience; so as both parts herein suffer, and are put into a way of late repentance.  
Briefly therefore, on the one side the Son or Daughter do justly offend, if without cause, or wilfully they refuse the Parent's choice; and are in duty bound to work their hearts to an obedient subjection to those, unto whom they owe themselves; and for this cause must be wary in suffering their affections, to over-runne their own reason, and their parent's guidance; either suppressing the first motions of unruly passions, or if they grow impetuous, venting them betimes into the tender cares of their indulgent Parents, or discreet and faithful Friends; that so they may seasonably prevent their own misery, and their Parent's grief: On the other side the Parent shall offend, if holding too hard an hand over the fruit of his own body, he shall resolve violently to force the Child's affections to his own bent; and where he finds them settled will rather break than bow them; not caring so much to persuade as to compel love: These harshnesses have too much of the Tyrant in them, to be incident into a Christian Parent; who must transact all these matrimonial affairs in a smooth and plausible way of consent, and indulgence: A noble and ancient pattern whereof we find in the contract betwixt Isaac and his Rebecca, Gen. 24. 49, 50, 51, 52, etc. the match was treated on betwixt Abraham's proxy, and the maid's father Bethuel, and her brother Laban: The circumstances drew their full consent; all is agreed upon betwixt Parents; but when all this is done, nothing is done, till Rebecca have given her assent; they said, We will call the damsel, and inquire at her mouth, ver. 57 And they called Rebecca, and said unto her, Wilt thou go with this man? And she said, I will go, ver. 58. Now the contract is made up; till then, all the engagements of Bethuel and Laban were but compliments; Till then, all the rich Jewels of Gold and Silver given to the intended Bride; and all the precious things given to her mother, and brother, were but at the mercy of the receivers; Neither ought it to be other in all Christian espousals; the free and cheerful consent of Parents and parties makes the match both full, and happy; Let not the Child dare to cross his Parents; let not the Parent think to force the Child; and when an undue bargain is, through the heat of passion, made up past reclamation, let love and pity so far intercede for the offenders, that they may smart for their rashness and neglect, without their utter undoing.   

CASE V.  
Whether the marriage of Consens-Germans, that is, of Brothers or Sister's Children, be lawful.  
THe displeasure of the Canon law against such marriages is so high flown, that no less can take it off then an utter diremption of them even though they be not ratified only, but consummate by carnal knowledge: and the grave authority of some Ancient and holy Fathers, and eminent Doctors of the Church, (besides five several Counsels) have passed an hard sentence upon them. The main ground of the supposed unlawfulness, is, that clause of God's Law which was more than judicial: No man shall approach unto any near of kin to his flesh to uncover their nakedness, I am the Lord, Levit. 18. 6. which though Cornelius à Lapide 
* Cor. à Lap. in locum.  (following his Radulphus) would seem to restrain to the ensuing particularities only; yet they may not think that God will suffer so universal a charge to be so straight penned; especially, when we know that there are divers other no less unlawful copulations omitted in this black Roll of uncleannesses, than those which are expressly mentioned; the rest being intended to come in by way of analogy only: for it is easy for any reader to observe, that all the severalities of the degrees prohibited run still upon the male; under which, if the like exorbitances of the other sex were not meant to be comprehended, females should be lawless, and the law imperfect; To marry then with a Cousen-german is apprehended by these Canonists to be an approach to one near kin to our flesh; and therefore intimated in that inhibition: Doctor 
* William. Syno. Controver. 15. de. Mart. q. 3.  Willet (a man much deserving of God's Church) conceives these marriages to be analogically forbidden, in this catalogue of Moses: For, saith he, if the degrees of affinity be limited to the third or fourth degree; as it is not lawful for a man to marry his wives daughters daughter (Levit 18. 17.) why should not the line of consanguinity hold to the fourth degree likewise; and so neither the son to marry his father's brother's daughter; or the daughter the son? But that worthy Divine did not heedfully observe the great difference betwixt these instanced degrees; for the one of these is an equal line, the other in an unequal; the one is a collateral consanguinity, the other is in a directly descending affinity; so as the husband should be grandfather in law to the wife, which in all reason were very unlawful, and absurd; since in all those descending degrees there is a kind of reverential inequality betwixt the lower and superior, which abhors from all proportion of a match; whereas the collateral equidistance of cousensgerman from the stock whence both descend, hath in it no such appearance of inequality. Certainly then, no analogy can draw these marriages within the prohibition; whether the nearness of approach to our flesh be a just bar unto them, must be further considered.  
Gregory 
* Greg. resp. ad Interrog. Augustini. q. 6. , (whom some would feign interest in our English Apostleship) writing to his Augustine, in way of answer to his Interrogations, puts these marriages in the same rank with the marriages of brothers and sisters; which he brands with this note, that they seldom ever prove fruitful; As for those of brothers and sisters, (which were usual, as Diodorus Siculus tells us) amongst the Egyptians, and are this day in use in barbarous nations) nature itself abominates the mention of them; In the first plantation of the world there was a necessity of them; as without which there could have been no human generation; but afterwards, as the Earth grew more peopled, so these matches grew still more odious: like as it was also in the first plantation of the Church; the holy Seed being confined to a narrow compass, were forced, unless they would join with Infidels, to match sometimes over-near to themselves; as even Abraham himself, the father of the faithful, married his brother's daughter: but when the bounds of men and believers came to be enlarged, the greater elbow-room opened a wider liberty of choice; and now God's select people found it meet to observe a due distance in the elections of their wives; so regarding the entireness of their Tribes, as that they fell not within the lines of prohibition; wherein no mention being made of brothers and sisters children, in all ages and nations, some have thought fit to make use of their freedom in this kind.  
What need I to urge the case of Zelophehads five daughters, Num. 36. 11. who by Gods own approbation, were married to their father's brothers sons; To mince the matter, and to make these sons, nephews, according to the Hebrew phrase (as Doctor Willet endeavours to do) is without either need, or warrant; since these scruples were not since that time stood upon by the Jewish people: yea this practice was no less current among the civiller heathens of old; I could tell you of 
* Cic. orat. pro Cluentio.  Cluentia (by Cicero's relation) married to her cousin Marc. Aurins; of Marcus Antonius the wise and virtuous Philosopher, marrying his cousin Faustina; and a world of others; were not this labour saved me by the learned lawyer Hotoman, who tells us how universal this liberty was of old, as being enacted by the laws of the Roman Empire; and descending to the laws of 
† Hotoman degrade. cognat. Laurent. Kirchovius profess. Rostoch. in consil. Matrimon.  Justitian; confidently affirms that for five hundred years, all Christian people (magno consensu) allowed and followed these Imperial constitutions concerning Matrimony: Although I might here put him in mind of Theodosius enacting the contrary in his time; as it is like, by S. 
* Ambr. ep. ad Paternum. 66.  Ambroses instigation; who then sharply inveighed against these matches in a vehement epistle to Paternus, being then in hand with a marriage betwixt his son and his sister's daughter; But excepting that good Emperor, the coast was clear perhaps, for the Cesarean constitutions; not so for the judgement of Divines; amongst whom, it were enough that S. Ambrose, and S. Augustine (the flower of the Latin fathers) if no other, do bitterly oppose it: This judgement being found not probable only, but exceeding profitable to the Roman See, it is no wonder if it obtained both credit and vigour from thence. Decrees and decretals make this inhibition good, not without damning the contrary practice; and now the Civil and Canon laws clashing with one another, how can it be but the prevalence must be according to the power of the abettor? What liberty the Court of Rome hath taken to itself in the restraint of marriages, and upon what ground; all Christendom both sees, and feels: One while their prohibition reaches to the seventh degree in natural kindred; then to the fourth: One while the impediment of spiritual cognation, is stretched so far, without any colour of divine authority, as that (what by 
* Hodie cessat fraternitas & aliqua ex parte compaternitas per concilium Trident. Sess. 24. Navar. c. 22. n. 27.  Baptism, what by Confirmation) twenty several persons are excluded from the capacity of inter-marriage; another while the market is fall'n to fourteen: And wherefore this? but for the sweet and scarce valuable gain of Dispensations, upon these occasions flowing into the Lateran Treasure? For which considerations we have learned not to attribute too much to the judgement or practice of the Roman Courtiers in this point. Upon the summing up then of this discourse, will you be pleased to see the vast latitude of different opinions concerning these marriages? The Canon law decryes them with such rigour, as to ordain them (though after a conjugal conversation) separated; some moderate Divines (as Doctor Willet) finding this sentence too hard, go not so far; but hold this nearness of blood a sufficient bar to hinder a marriage contracted, though not consummate: some others (as M. Perkins in my conference with him) hold it, though not unlawful, yet inconvenient: some others, (as learned and acute M. Wootton, and M. Attersoll, who hath written a very large discourse in way of vindication of them) hold them both lawful, and not inexpedient; 
* Hotoman de-vita matrimon. p. 6. citante Kirchovio, ut supra.  Hotoman yet higher, pium & Christianum esse, quod duarum sororum liberi matrimonio copulentur; that such a marriage is pious and Christian: In all this variety if you desire my opinion, I shall neither censure such marriages where they are made; nor yet encourage them to be made, where they are not: To those that are free I should be apt to suggest counsels of forbearance; the world is wide, the choice abundant; let it be never so lawful, yet how unwise and unsafe were it to put the conscience upon the nicety of a dangerous scruple, when it may keep aloof off, with a clear freedom, and resolute contentment? That these marriages are disallowed by so great authority, should be reason enough to divert the free thoughts to a safer election: and again, that these marriages are allowed both by Civil laws, and by the judgement of eminent Divines; and not any where forbidden either (Jure Caesareo or Apostolico) by God's law or Caesar's; should be reason enough to bear up the hearts of those who are so matched, from a scrupulous dejection. Let the persons therefore so married enjoy themselves with mutual complacency and comfort, not disquieting themselves with needless anxieties; Let those single persons who have the world before them look further off; and fasten their affections at a more unquestionable distance: As it was wont to be worthy M. Perkins his expression to this purpose; Let those who must walk close to the brim of a steep precipice, look well to their feet, and tread sure, and so they may come off perhaps as fafely as those that are further off; but if a man be to choose his way, let him so cast it, as that he may not approach near to the brink of danger.   

CASE VI.  
Whether is it necessary or requisite there should be a witnessed contract, or espousals of the parties to be Married, before the solemnisation of the Marriage.  
IT is necessary we should distinguish betwixt those things which are essential to the very being of marriage, and those which are requisite to the orderly, and well-being of it: It may not be denied that the Marriage is true and valid, which with full consent of parties is made without the intervention of a previous contract in a due and lawful form prescribed by the Church: but it is no less true that such a marriage is very unmeet, and liable to just exceptions: That God 
* Exod. 22. 16. Levit. 19 20. Deut. 20. 7. Deut. 22. 25. 23. 28. Jer. 2. 2. , who is the author and institutor of Marriage made a difference in his law, betwixt a bethrothing, and a matrimony; he that ordained the one, ordained the other also; and ordained the one in order to the other: And this was constantly observed in the practice of God's ancient people accordingly: so we find the 
* Compare Mat. 1. 18. with Deut. 22. 13.  Blessed Virgin espoused to Joseph before his taking her to wife; neither did the Christian Church think fit to vary from so Holy a pattern; whereto S. 
† Magdeburg. Cent. 2. de Conjugio. 2 Cor. 11. 2.  Paul alludes, when writing to, and of the Church of Corinth, (which he had happily planted, and forwarded in grace) he saith, I have espoused you to one husband, that I may present you as a chaste virgin to Christ. Lo he hath betrothed them to Christ in that he had entered them into a Covenant of grace, and prepared their souls for a full consummation of their blessed union with Christ in glory; intimating (as Matrimony is a lively resemblance of our spiritual conjunction with the Lord of Glory) that our bodily espousals here below, are they which must make way for a complete marriage ensuing: It were not difficult, if it were needful, to deduce this holy practice down from the primitive times to the present: Before the Nicene Council we find the Synod of 
* Concil. Anciran. can. 24.  Ancyra enjoining a severe penance to the man that should defile his body by an incestuous copulation, after espousals contracted: And the Council of Eliveris or Granado, about the time of the Nicene covention, takes such notice of these betrothings, as that it decreed 
† Concil. Eliv. c. 45. , that if any Parents should break the faith mutually engaged in these espousals, they should be held off during the space of three years from the Communion. What should I trouble you with the Decree of 
* Luitbrand in Syric.  Syricius concerning these contracts; or with the pregnant testimonies of S. Chrysostom and Ambrose to this purpose; which were but to waste time and paper upon so clear a Truth? As there was no Christian Church which did not carefully observe this sacred Rite: so above all other the Roman hath been at least curious enough in calling for a strict and severe account of their espousals: what voluminous discourses, what a world of nice questions have fallen from the pens of their Canonists, and Casuists concerning this subject? Certainly this is a point of so much use and agitation amongst them, that were it not for the quarrels arising here-from, it is to be feared their consistories would want work, and their Advocate's employment: But to speak ingenuously, those of the Roman Clientele are not more careful and punctual in scanning, and observing the rules and practice of their espousals, than ours here, are incurious of both: How many have we heard to say, they will make no promise of themselves till they come to the Church-door? and of those that do contract themselves, how weakly and insufficiently is it performed on many hands? so as their act, if questioned, is no way obliging; nor such as upon the least discontent, will endure a contestation.  
Now whereas there is a double contract, or espousal, the one of the future; the other of the present: that of the present, if it be expressed in full terms, differs nothing from marriage itself, save only in the public solemnisation; which doubtless is a ceremony so requisite, as that without it an horrible confusion must needs follow both in Church and State.  
That of the future, is a mutual engagement of both parties that they will marry each other; which is most properly an espousall-contract; giving both assurance to each other of a mutual consent to a Matrimony that shall be; and yet withal some meet respiration of a more full trial, and inquiry into each other condition: For which purpose the wisdom of the Church hath ordained that there should be a solemn publication of that more private Contract three several Sabbaths, to the whole Congregation; not without the earnest charge of a discovery of whatsoever impediment might justly hinder the intended matrimony.  
The frequent, but unfit, use of these Espousal contracts in the Roman Church, betwixt their children in minority (allowing 
* Aetes' legitimè contrahendi matrimonium, est in musculis 14 annos, in foeminis 12; Spousalibus autom contrahendis, septem in utrisque. Navar. c. 22. n. 28.  seven years in either party for a meet age to this purpose) must needs breed both much question, and inconvenience; but in those which are of a mature age, and therefore able to judge of what may be most expedient for themselves, this institution cannot be but singularly useful and beneficial: For neither is it meet that so great a work, and so highly importing us as matrimony, should be rashly and suddenly undertaken; neither doth it a little conduce to our safety, that since marriage once passed, is irreversible, we may have some breathing-time betwixt our promise and accomplishment to inform ourselves throughly before it be too late, what we must trust to for ever. For we may take notice, that though marriage is indissoluble, yet these espousals, or contracts of a future marriage, are not so: many things may intervene betwixt this engagement by promise; and that full and complete, solemnisation, which may break off the match.  
The Casuists determine of seventeen several cases, at the least, which may sort to this effect; some whereof have a proper relation to the Romish religion; others are common to what ever contracts of this kind; I shall not grudge you the mention of them all. An espousall-contract therefore may (according to their judgement) be broken off.  
By the willing remission of both parts, although it had been seconded by an oath: By the entrance of the one party into some order of religion: By a contract with some other in words of the present: By the travail of one of the parties into remote countries, and not returning upon a lawful summons at a time prefixed by the Judge: By an affinity supervening upon the sinful copulation of one of the parties with the near kinswoman of the other: By the absolution of the Judge upon suit of one of the parties repenting and pleading minority: By lapse of the time set for the accomplishment of the marriage by the disease of one of the parties being fallen into palsy, leprosy, the Neapolitan sickness, or any other contagious distemper, or notable deformity: By the fornication of one of the parties committed since the contract: By a vow of chastity preceding the contract: By some capital enmity intervening betwixt the families and persons of the contracted by the omission of performing the promised conditions; as when the dowry agreed upon, is retracted, or held off: By the fame of a Canonical impediment; By susception of Orders after contract; By the supervention of a legal kindred, inexpected; By the harshness and asperity of disposition in either party: And (which may comprise many other particularities) by the falling out and discovery of any such accident, or event, as if it had been sooner known would have prevented the making of such a contract; All these, say they, may bar a marriage after espousals: but yet so, as that the parties may not be their own arbiters, to break off their contracts at pleasure, but must have recourse to the Judge Ecclesiastical; and submit themselves to the overruling sentence of the Church.  
If you balk those which are proper to the Romish superstition, yet you shall find many just and allowable causes which may (after a contract of espousal) interrupt a purposed matrimony: so as, if there were neither rule, nor example of any such preceding engagement, yet surely, it were very fit for our own security, and our confident and comfortable entrance into that estate which we shall never put off, to observe carefully this previous betrothing of ourselves, ere we knit the knot that can never be loosed.   

CASE VII.  
Whether there ought to be a prohibition and forbearance of marriages, and marriage duties for some appointed times.  
IT is one thing what is lawful, another thing what is fit and expedient; as S. Paul hath taught us to distinguish: marriage being of Gods own institution, and that in the perfection of Paradise, there can be no time wherein it may be unlawful to celebrate it; yet there may be times wherein it is unfit: There is the like reason of times and places; both of them are circumstances alike; The debt of the marriagebed not only may, but must be paid by them whom God hath called to that estate; yet there are places, wherein it were barbarous and piacular to defray it: even, besides those places which are destined to an holy use, the Jews of old held this act done in the field or under a tree, worthy of scourging: 
* Maimon. Shicard. de Reg.  Doubtless, there are times so wholly consecrated to devotion, as that therein it would be utterly unseasonable to let our thoughts loose to the most lawful pleasures: Hence is that charge of the Apostle, Defraud not one the other, except it be with consent for the time, that ye may give yourselves to fasting & prayer: 1 Cor. 7. 5. So then as Solomon himself can say, There is a time to embrace, and a time to refrain from embracing: Ecclus. 3. 5. But what the limitation of this time may be, no small question hath been raised in the Church of God: neither do there want extremities on both sides: The Church of Rome hath heretofore been excessively large in her prohibitions; forbidding the solemnisation of marriage upon pretence of the holiness of the great feasts to be observed; for the whole third part of the year; neither doth the account fall less, if we reckon from the Advent to the Epiphany; from Septuagesima Sunday to the Octaves of Easter; and from three days before the Ascension to the Octaves of Pentecost; all which had wont to be strictly kept; besides the feast of S. John Baptist added by some; and the four Ember weeks by others; but now of late upon second thoughts, their Council of 
* Council Trid. Sess. 24.  Trent have found it meet to shorten the restraint, and somewhat to enlarge the liberty of the seasons for marriage, having exempted the two only solemn feasts of Easter and the Nativity; and abridged some previous weeks of the former: and for us how observant our Consistories had wont to be of those inhibitions for their own gain, every Almanac can witness. Some worthy Divines in our Church did not stick to profess their great dislike of our conforming herein to the Church of Rome, to the scandal of the Reformed: Concerning both which, I must say: that if either we, or they do put any holiness in the time exempted, or any unholiness in the act inhibited, we cannot be excused from superstition; Can any time be more holy than Gods own day? yet on that day we do commonly both publish marriages, and celebrate them. But if, as in some solemn fasts, indicted by the Church for some public humiliation, we both do, and enjoin to abstain from all conjugal society; so in a desire the more devoutly to celebrate the memory of God's infinite mercy to mankind in sending a Saviour into the world for our Redemption; and of the glorious resurrection of that Son of God for our justification, we shall take off ourselves from all worldly cares or delights, I see not why it should not be both lawful, and commendable.  
But, to say as it is, as the Romanists are guilty of too much scruple in this kind, so too many of our own are no less faulty in a careless disregard of the holiest occasions of restraint; which I would to God it did not too palpably appear in the scandalous carnality of many (otherwise inoffensive) professors. It is a common practice (which I have long wished an opportunity to censure) that husbands and wives forget one another too soon: Scarce are their consorts fully cold, ere they are laying for a second match; and too few months are enough for the consummation of it. Let me be bold to say, this haste hath in it too much not immodesty only, but inhumanity: If we look abroad into the world, we shall find not among God's peculiar people only, but even amongst the very Heathens, a meet (and not niggardly) intermission betwixt the decease of the one husband, or wife, and the marriage of another: A whole year was found little enough for the wife to mourn for her husband departed: and so is still amongst the very Chineses, though Atheous Pagans' 
* Alex. ab. Alex. l. 3. Gen. dier. c. 7. Cod. l. 2. tit. 12. ; And by the civil Laws, a woman marrying within a year after her husband's death is counted infamous.  
It was no short time that 
* As appears by comparing of Gen. 23. 2. with 25. 1.  Abraham (though now very old) breathed upon the death of Sara, (the first of wives mentioned as mourned for) before he took Keturah; and yet the Hebrew 
† 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gen 23. 2.  Doctors observe that there is a short letter in the midst of that word which signifies his mourning; to imply (say they) that his mourning was but moderate: I am sure his son Isaac (Gen. 24. 67.) was not comforted concerning the death of that his good mother, till three years after her decease: At which time he brought his Rebecca into that tent which even still retained the name of Sarahs': whereas with us, after the profession of the greatest dearness, the old posy of the deaths-ring tells what we may trust to; Dead and forgotten: Who can but blush to read that some Heathens were fain to make laws that the wife might not be allowed to continue her solemn mourning for her husband above ten months; and to see that our women had need of a law to enforce them so to mourn for the space of one?  
In other Reformed Churches there is a determinate time of months set, until the expiration whereof widows, (especially the younger) are not suffered to marry; it were more than requisite that these loose times were, here with us, kerbed with so seasonable a Constitution; but it were yet more happy, if a due regard of public honesty and Christian modesty could set bounds to our inordinate desires; and so moderate our affections, that the world may see we are led by a better guide than appetite.   

CASE VIII.  
Whether it be necessary that marriages should be celebrated by a Minister; and whether they may be valid, and lawful without him.  
IT is no marvel if the Church of Rome (which holds matrimony a Sacrament, conferring Grace by the very work wrought) require an absolute necessity of the Priest's hand in so holy an act; but for us, who (though reverently esteeming that sacred institution, yet) set it in a key lower, it admits of too much question whether we need to stand upon the terms of a Ministers agency in the performance of that solemn action: There are those in these wild times that have held it sufficiently lawful for the parties having agreed upon the bargain before friends and witnesses, to betake themselves to bed: others have thought this act of conjoining the married persons in wedlock a fitter act for the Magistrate to undertake. And certainly if there were nothing in marriage but mere nature, it could not be amiss that men and women should upon their mutual agreement couple themselves together after the manner of brute creatures; And if there were nothing in marriage but mere civility, the Magistrate might be meet to be employed in this service: But now that we Christians know matrimony to be an holy institution of God himself; which he not only ordained, but actually celebrated betwixt the first Innocent pair; and which being for the propagation of an holy seed, requires a special benediction; how can we in reason think any man meet for this office, but the man of God, set over us in the Lord; to derive the blessings of heaven upon our heads? From hence therefore have our wholesome laws taken a just hint to appropriate this service to a lawful Minister only: so as what ever private contract may be transacted in corners betwixt the parties affected to each other, yet the marriage-knot cannot be publicly knit by any other hand, than God's Ministers. And herein certainly we have just cause to bless the wisdom both of the Church and State, which hath so regulated these matrimonial affairs; as that they are not only orderly but safely managed: For doubtless were not this provision carefully made, the world would be quite overrun with beastliness, and horrible confusion: And in this point we may well give the Church of Rome her due, and acknowledge the wise care of her Lateran and Tridentine Counsels, which have enacted so strict Decrees against Clandestine marriages, and have taken so severe a course for the reforming of many foul disorders in these matrimonial proceedings; as may be of good use for the Christian world: Had they done the like in other cases, their light had not gone out in a snuff: As therefore it is generally both decreed and observed (not without excellent reason) in all Christian Churches, that marriages should be solemnised in the public Congregation of God's people; so it cannot but be requisite that it should be done by him, who is ordained to be the mouth of the Congregation to God; and the mouth of God to the Congregation; And, as under the Law, the Priest was the man, who must convey blessings from God to his people; so under the Gospel who can be so apt for this divine office, as he that serves at the Evangelicall altar? And if all our marriages must be (according to the Apostles charge) made in the Lord, who is so meet to pronounce God's ratification of our marriages, as he who is the professed Herald of the Almighty? As it is therefore requisite (even according to the Roman Constitutions) that he who is betrusted with the Cure of our souls, should besides other witnesses be both present and active in, and at our domestic contracts of matrimony: so by the laws both of our Church and Kingdom, it is necessary he should have his hand in the public celebration of them. There may then be firm contracts, there cannot be lawful marriages without God's ministers.   

CASE IX.  
Wheeher there be any necessity or use of thrice publishing the contract of marriage in the Congregation, before the Celebration of it; and whether it be fit that any dispensation should be granted for the forbearance of it.  
THere were amongst the Jews certain ceremonial Observations (besides the Precepts) which they called the Hedge of the law; and such there cannot want amongst Christians; whose prudence must direct them both to the ordaining, and keeping of some such expedient rules, as may best preserve God's laws from violation: Of that kind is this which we now have in hand; This public and reiterated denunciation of 
* Concil. Trident. Sess. 24. Decret. de Reformat. matrimon.  Bannes before matrimony, is an Institution required and kept both by all the Churches of the Roman-Correspondence, and by all the Reformed; amongst which, as ours, is most eminent, so it hath still expressed the most zeal and care of the due observing of so wholesome a Rite: six several 
* Constit. 62, 63, 101, 102, 103, 104.  Canons were made in our Provincial Synod under the Authority of King James of blessed memory, in the year 1603. to this purpose; with as strict charges, restrictions, and cautions, as the wit of man could in this case device; and the late Directory hath found cause to second so useful and laudable a Constitution; For the convenience, if not necessity, whereof, we need no other argument than the grievous mischiefs that have followed upon the neglect of this ordinance; that one were enough, which is instanced by the Tridentine 
* Concil. Trid. ubi supra.  Synod itself; that some lewd persons having secretly married themselves to one, take liberty to leave that match, and publicly join themselves to another, with whom they live wickedly in a perpetual adultery; the frequent practice whereof in those hotter climates we may easily believe; when we see that in our own more temperate region, the fear of hanging cannot hold some off from so foul a sin. Let me add hereunto the late experiments of some odiously incestuous marriages, which (even by the relation of our Diurnalists) have by this means found a damnable passage, to the great dishonour of God, and shame of this Church; And hereupon the sad issues of stolen Marriages, wherein Parents have been most feloniously robbed of their Children, are too feelingly known, and irrecoverably lamented: But as for unfitness and inequality of matches, both for age, and condition, (to the too late repentance and utter undoing of both parties) they are so ordinary, that they are every day's Occurrences: And all these evils have sensibly grown from the want of these public Denuntiations of Bannes; partly upon the unhappy throwing open of the fence of discipline, and partly upon the surreption of secretly-mis-gotten dispensations; And though that forementioned Synod of ours seconded by Royal authority 
* Constit. and Canons ut supra, Can. 101, 102, 103. , took the most probable course that could be conceived (the liberty of those Faculties being continued) for the preventing of these abuses; as the restraint of the grant of them by any other, save those who have Episcopal authority; and security to be given upon good bonds that the coast is clear from all precontracts, suits of law, and prohibited degrees; that the full consent of parents or Guardians is had; that the marriage shall be celebrated in the parish Church where one of the parties dwelleth; and lastly the oaths required of two sufficient witnesses (one whereof known to the Judge) that the express consent of parents or Guardians goes along with the match intended; and that there is no impediment from any precontract, kindred, or alliance: yet notwithstanding all this prudent caution we have by woeful experience found our offices cheated, faculties corruptly procured, and matches illegally struck up contrary to the pretended conditions: Whereas all this mischief might have been avoided, if as no marriage may be allowed but public; so those public marriages might not be celebrated but after thrice publication of the contract in both the parish Churches where the persons contracted are known to inhabit: For so both the Parents of either side cannot but be acquainted with the engagements of their children; and if there be any just hindrance, either by precontract, or by proximity of blood, or affinity, it cannot be concealed; that so the snare of either an unlawful or prejudicial matrimony may be seasonably eschewed: To this good purpose therefore it is no less than necessary (as I humbly conceive) to be both enacted and observed, that no marriage should be allowed of any person whatsoever (except perhaps the Peers of the Realm, who are supposed to be famously known through the Kingdom) without a solemn publication of their contracts at three several meetings to the Congregation assembled; and that there may no dispensation at all be granted to the contrary upon any whatsoever conditions: And if some pretend bashfulness, others fear of malicious prevention (as the Tridentine Doctors suggest) yet it is fit that both should veil to the inevitable danger of those mischievous inconveniences, which follow upon these clandestine matches, and silent dispensations.   

CASE X.  
Whether marriages once made may be annulled, and utterly voided; and in what cases this may be done.  
IN what only case a divorce may be made after a lawful marriage, you have seen before; now you inquire of the annulling or voiding of marriages made unlawfully: which doubtless may be done by just authority upon divers well-grounded occasions: For as it is an indispensable charge, Those whom God hath joined together let no man put asunder; so it no less truly holds on the contrary; Those whom God hath forbidden to be joined, let no man keep together.  
Our Casuists are wont to be very copious in this subject, distinguishing betwixt those Impediments which may hinder a Marriage from being made; and those which may undo and voided the Marriage once made. They insist upon many particularities of both kinds; and some perhaps too many: I shall instance only in those of the latter sort which are unquestionable; whereof the first shall be a misprision of the match; when one party is mistaken for another; as when he who by a full contract consented to marry with Anne, is by a fraudulent substitution put upon a marriage with Mary; whether upon the likeness of the woman, or the want of a discerning sense in the man; or by some cunning conveyance of the perfidious contrivers; For certainly, it is the consent that makes the marriage; and if the hearts be not joined together by mutual agreement and affection, the coupling of the hands is but a ceremony utterly ineffectual: I doubt not but it was in Jacobs power to have dis-avowed the match with Leah, whom his father in law had deceitfully obtruded upon him, being more injurious in changing his wise, then in ten-times changing his wages; since his heart was not accessary to that match, which the darkness of the night, and the suttlety of a Laban had drawn him into.  
The like case is in the marrying a bondwoman in stead of a free; a base plebeian in stead of a person of honour: As than we use to say that mis-reckoning is no payment, so we may well affirm that a mis-marriage is no true wedlock; and therefore justly to be branded with a nullity.  
A second may be the foedity and unnaturalness of the match; when the parties incestuously marry within the first collateral degree, of Brothers and sisters; the very mention whereof, even nature itself, not depraved, abhors: so as I cannot but wonder that the Roman School should be so much divided in this point, whiles 
* Martin Alphons. Vivald. Candelab. aureum. de matrim. & partic. de Consanguin.  Bonaventure, Richardus, and Durand hold such a marriage even by divine law, a nullity; contrarily Aquinas, Cajetan, Thomas de Argentina and others (whom Covarruvias recites) defend this to be only an impediment by the Canon law, and therefore that it may be in the Pope's power to dispense with so foul a matrimony; Against whom upon better reason, 
* Scot m. 4. d. 40. Sot. ibid. q. un. art. 4.  Scotus, and Dominicus à Soto prove such marriages by the law of nature to be utterly void and null; with whom all ingenuous Christians cannot but willingly concur in their judgements.  
A third may be the horribleness of a crime committed in the way to a wicked match; and that of two sorts: the one of murder, the other of adultery: The former, when the wife hath conspired with the adulterer to murder her husband, with an intent to marry the murderer; or in the like case the husband to murder the wife.  
The latter when a man living in a known adultery with another man's wife, contracts matrimony with the adulteress in the life time of her husband.  
A fourth is the indissoluble knot of marriage with a former still surviving husband or wife; the force whereof is such, as that it frustrates and voideth any supervening matrimony, (except in the case specified in the foregoing discourse of Divorce) during the natural life of the consorts. Many unhappy, and perplexed cases have we met withal in this kind; neither doth it seldom fall out, that the husband being confidently reported for dead in the wars, or in travel abroad; the wife after some years stay, and diligent inquisition, finding the rumour strongly verified by credible testimonies, and tendered oaths, begins to listen to some earnest suitor; and bestows herself in a second marriage; not long after which, her only true, revived husband returns, and challengeth his right in that his lawful wife; pretending the miscarriage of letters and messages sent by him in that forced absence. In this case what is to be done? The woman hath cast herself upon the danger of a Capital law, except she have expected the time limited by statute; or if she escape one of the husbands is to seek for a wife, whom both may not enjoy: Doubtless the second marriage, is by Ecclesiastical authority to be pronounced, as it is, null; which indeed never had any true right to be: and the first must be content to swallow its own inconveniences.  
A fifth may be a violent enforcement of the match: when a woman is upon fear of pain, or death compelled to yield herself in marriage, and is not persuaded, but affrighted into the bonds of wedlock: surely this is rather a rape then a matrimony, and therefore, upon utter want of consent, a nullity.  
A sixth may be a preceding, irremediable impotency, or incapacity of marriage duties; whether natural, or advantageous; whether by way of petpetuall maleficiation, or casualty: I say, preceding; for if any such disability be subsequent to the marriage, the nullity is avoided; But if the persons find in themselves before hand such remediless incapability of a marriage estate, they shall be highly injurious to each other, and shall foully abuse the ordinance of God in their entering into such a condition: For it is apparent, that the main ends of marriage are herein utterly frustrate; which were by God's appointment, the propagation of mankind, and the remedy of incontinency; neither of which being attaineable in such a defective estate of body, justly is such a match pronounced a nullity.  
But here I cannot but take occasion to commend the modesty of the women of our nation; amongst whom, there are so rare examples of suits in this kind, prosecuted in our Ecclesiastical Consistories; it is not to be doubted but there are many defects of this nature to be found every where, yet scarce one in an age offers to complain, and call for redress: so as it seems they are willing to smother all secret deficiencies, in a bashful silence; whereas those of other warmer regions impatient of the wrongs of their conjugal disappointments, fly out into open contestations, and fearelesly seek for those remedies, which the laws provided in such cases will allow them. Certainly the merit of this modest temper is so much the greater, by how much more it is concealed from the world; and those of either sex that are content to bite in their hidden grievances of this kind, are worthy of double honour from those consorts, whose injurious infirmities they both have not disclosed, and suffer in suppressing.    

ADDITIONALS.  
Certain cases of doubt, besides the formerly published, having been proposed to me, and received a private solution; I have thought fit, upon the address of a second Edition, to adjoin them to their fellows, for the satisfaction of any others, whom the same Cases may concern.  

CASE I  
Whether a Marriage consummate betwixt the Uncle and Niece be so utterly unlawful, as to merit a sentence of present separation.  

RESOLUTION.  
WHat prodigious Matches have been of late made, and are still continued, upon advantage taken of the unsettledness of the times, I had rather silently lament, then openly proclaim to the world: Such as are not capable of any Apology, call for our blushing and tears; but there are some others which dare stand upon the terms of defence: Such is this which you have here propounded on the behalf of your friend, whom it seems a mis-learned Advocate would fain bear up in a course altogether unjustifiable; that cause must needs be desperately ill, that can find no mercenary abettors: His offensive marriage with his Niece is heartened by a sophistical pleader; whose wit and skill is so ill bestowed in this case, that I wish his fee might be perpetual silence: but when he hath made use of his best art to so bad a purpose, those colours of defence, wherewith he thinks to daub over so foul a cause will prove but water-colours, which shall easily be washed off by this present confutation.  
It was lawful, he saith, before the levitical Law, thus to Match: So were worse Marriages than this: Let him tell me that Cain, and Enoch, and Seth married their own Sisters; as Saturn also did, by the report of Diodorus Siculús; Necessity made it then not unlawful: It is a just rule of 
* In Argumentum trati nequeunt, quae propter necessitatem sunt concessa.  Law, Those things may not be drawn into precedent, which have been yielded upon mere necessity; as we use to say that necessity hath no law, so it can make none. Afterwards, as mankind grew, nature itself taught men to keep further aloof from their own flesh; and still remoteness of distance enlarged itself with time.  
Abraham (saith he) married his niece Sarah, Gen. 11. 29. (if at least Sarah were Iscah) Nahor his niece Milcha, Amram his Aunt Jochebed; and these not without a large blessing upon the bed. Let him tell me also, that Jacob married two Sisters, and conversed conjugally with both (which were now shamefully incestuous) yet was herein blessed with the issue of six of those Patriarohs, who were the root of those glorious stems of Israel. If we should speak most flavourably of these conjunctions, to rank them under malum quia prohibitum, it must needs follow, that till the prohibition came, they could not be censured as evil: Though good Authors make it justly questionable, whether these fore-alledged marriages should deservedly be charged with a sin, or excused by God's extraordinary dispensation; in the mean time the blessing was to the person, not to the act: even Lots incestuous copulation with his daughters sped well; two famous nations sprang thence, and of one of them, the gracious progenitrice of the Saviour of the world; Yet this is no plea for the allowance of that monstrous conjunction. After the law, one justifiable example were worth a thousand before it.  
Lo, good Caleb (saith he) married his daughter Achsah to his brother Othoniel. Joshua. 15. 16, 17. Indeed, this case comes as home to the business as it is far off from the text. See whether mes-prison of Scripture may misled us: A man that understands nothing but the English, or Vulgar Latin, may easily run into so foul an error; weigh but the place well, and you will soon find the fault without me; Othniel the son of Kenaz, Calebs' brother, took Kerath-Sepher, and Caleb gave him Achsah his daughter to wife; The English wanting cases expresses it doubtfully, it will be clear in the Latin; as Montanus, and Pagnine, two great Masters of the Hebrew in their Interlinear, read it, Othniel filius Kenaz, fratris Calebi; Othniel the Son of Kenaz, which Kenaz was Caleb's brother, Both the Hebrew and Chaldee clear that sense: So the Septuagint, as Emanuel Sa also urges upon that place, Judg. 1. 13. expressly say that Kenaz was the brother of Caleb, and not Othoniel; wherein yet I cannot much blame an unballanced judgement, whiles I find the Septuagint contrary to themselves: For in Josh. 15. 16. they say, Othniel was Caleb's younger brother; In Judg. 3. 9 they say, Kenaz the father of Othniel was so; for which there is no excuse, but the large sense of a Brother in the Hebrew, We are brethren, saith Abraham to Lot, yet he was Lot's Uncle: So was Kenaz a Progenitor to Othniel, for Caleb is styled the son of Jephunneh the Kenezite, Josh, 14. 14. & Numb. 32. 12. The case was only this, Kenaz was the Ancestor of Caleb; and one of the same name was his brother, the father of Othniel: what can be more plain than 1 Chron. 4. 13. And the sons of Kenaz, Othniel and Seraiah; So as if we take this most strictly to the letter, it implies nothing but the marriage of two Cousins Germane, Othniel the son of Kenaz, and Achsah the daughter of Galeb, Brother's children, as Bucer upon the place, Melanehton in his Tract De Conjugio, Junius; and indeed, who otherwise? And now by this time you see what a poor ground this is to build upon; rather, you see a castle, not built on the sand, but in the air; mere misconceit.  
But, saith the Advocate, this marriage is no where directly forbidden in the Law; I must tell him it is but a mere shuffle to stand upon the terms of a Direct prohibition, when there is one no less forceable, and convictive:  
Two ways may ought be effectually forbidden in the law; Either in plain expression of terms, or in clear implication of sense; surely, that is rather more in the law which it means irrefragably, than what it verbally expresseth: Now, however this be not in the letter of the law, yet in the sense it is: The same law that forbids the Nephew to marry the Aunt, doth eadem opera, forbid the Uncle to marry the Niece; In regard as of nearness, yea identity of blood, the case is the same; however, some inequality may be conceived in respect of government, and subjection: And if upon some economical terms, it be more unfit for a Nephew to marry his Aunt, than for an Uncle to marry his Niece, yet in regard of blood, and that bodily conjunction, which God principally aims at in this prohibition, what difference can possibly be conceived? Nature hath made no other distance betwixt the Nephew, & the Aunt, than betwixt the Niece and Uncle: or if there be any, they must be sharper eyes than mine that can discern it: God himself (methinks) hath put this out of doubt; the reason wherewith he backs his command is irresistible; The Nephew shall not marry the Father's Sister; why so? For she is thy Fathers near Kinswoman, ver. 12. Lo, it is the nearness of blood that makes this match unlawful, not respect of civil inequality; Where the blood than is equally near, the marriage must be equally unlawful.  
That rule of Law which is pretended, In prohibitoriis, quicquid non prohibetur, permittitur; What is not forbidden, is permitted, had need of a fair construction; Indeed, that which is not forbidden either in words, or in necessary analogy and implication of sense, is supposed to be left at large; But what place hath this Axiom in a case not less really forbidden, than the expressed? And if we should strictly follow the letter of this Maxim, it would lead us into Sodom; since there are marriages not specified, which would be monstrously incestuous, and such as honesty would blush to mention, as shall appear in the sequel.  
Neither is there any more force in that other, In poenalibus non fit extensio, That penal laws should not be stretched further, than their words import. Certainly, in some sense I know no law that is not penal; but why this law, Thou shalt not marry thy Aunt or Niece should be rather penal, than, Thou shalt not commit adultery, I know not; I am sure learned Zanchius accounts these of the 18. of Leviticus, equally moral: and Bucanus holds them to be against the law of nature.  
And if in human laws this axiom may challenge a place, yet in the royal laws of our Maker, where, under one sin mentioned, all the species and appendances, and the whole claim of that wickedness is wont to be comprised, doubtless it is utterly unsufferable; Neither is here any extension of this prohibition beyond those limits which God hath fixed in the undoubted sense of his law; In the seventh Commandement, nothing is expressed but adultery, shall we therefore say neither fornication, nor pollution, nor sodomy is there forbidden? were not this to destroy that law, which God makes to be spiritual; and to open the floodgates to a torrent of licentiousness? surely, it is easy to observe that God's Spirit no less means that which he pleaseth to suppress. The Psalmist says, Promotion comes neither from the East, nor from the West, nor from the South, Psal. 75. 6. Shall we therefore say, It is from the North? Is not that coast equally excluded, though not expressed? It is too much boldness to hold God too strictly to syllables, when it is easy to determine what he meant to imply: These rules than are useless: Let me see now if the Advocate can as easily shake off one or two rules of law, which I shall return upon him in lieu of his. Is committit in legem, etc. He wrongs the law who keeping close to the letter, strives against the intent and purpose of the law; And that other not unlike, In fraudem legis facit qui salvis verbis legis sententiam ejus circumvenit, If this be not the case in hand, I shall profess to know nothing.  
From Rules, let us look to Authorities, It is directly maintained (he saith) by the Canonists, and Schoolmen; But what is it, that is so maintained? Not this match (let no man think so) but that proposition, viz. that this match is no where directly forbidden in God's law; If we take it of express terms, no wise man ever denied it; not Canonists, and Schoolmen only, or those few named Authors, but all reasonable men concur in this truth; what needs a citation of some, where all agree? But if we take it of the necessary & clear sense of the law by just Analogy and infallible implication, now, none of the forecited, or any other orthodox Authors will deny the certain and indubitable prohibition of this marriage. How well the rest will speed, judge by their foreman, Tho: Aquinas; who expressly determines it a false position, that those are joined together by God, who match within the fourth degree; whereas this is in the third; Not to say how stiffly Peter Lombard urges the unlawfulness of marriages to the very seventh degree, vel quousque parentela possit agnosci, even as far as the kindred may be discerned, following herein Pope Gregory and Nicholas: To shut up short, none of all his cited Authors dare be any other then professed enemies to this match; no less, than the most zealous Commissioner of that nowabolished Court, whose late sentence is upon Record enough to this purpose.  
As for Lyra, who is trailed in here, and cited strongly in Othoniel's case, what shall I say? It grieves my soul to see any well-minded Christian so abused by misinformation: This author hath thus, Turpitudinom Sororis, etc. Thou shalt not uncover the nakedness of thy Father's Sister, or thy Mother's Sister, (& eodum modo) and in the same manner is forbidden the marriage betwixt the brother, and the daughter of the Aunt, for it is the same degree: so Lyra: Nothing can be more peremptory against this case, in favour of which he is alleged.  
This would be the issue of all the rest, if it were worth the while to examine them, in that, which yielded, nothing advanceth the cause of the producer. They are all as professed enemies to this match as myself; only they deny an express mention of this cause, which was never either thought needful, or intended to be pleaded.  
For the Protestant Divines which are cited to give Testimony to the non-prohibition of this marriage, I must cry shame upon those false hands, which have so palpably abused both your friend, and the Authors; Let me give but a taste of some, Melancthon, Zanchius, Bucanus; who are said to allow the match, by admitting only the degrees mentioned to be prohibited; No place is instanced, versatur in generalibus; You know the word, but let your eyes be judges of their opinion; Melancthon, mentioning the marriage of Abraham and Sarah in the second degree: Hoc gradu saith he) in linea inaequali etc. In this degree, in an inequal line, marriages are forbidden by God's law, because God doth universally ordain a greater reverence to be yielded to a Superior degree, then to an equal; It is the very case in hand, which Melancthon thus sentenceth; For Zanchius; he citing the text of Levit. 18. 13. Thou shalt not uncover the nakedness of thy Mother's Sister; adds, ergo neque mater teram, etc. Therefore no man, saith he, may marry his Aunt; and that charge, which he gives concerning the Aunt, would God have to be understood also of the Uncle, which is the Father's brother, or the Mother's brother; whiles he adds a reason of the prohibition, For she is the near kinswoman of thy Father, or Mother; Thus Zanchius in his book de Operibus Dei. Lib. 4. de Sponsalibus; who absolutely condemns this marriage as incestuous, and indispensable.  
Bucanus, moving the case of Abraham's marriage with Sarah, and Amrams with Jochebed etc. Leaves it in doubt whether these men were (as the times stood) particularly dispensed with by God, or whether they sinned in thus marrying, even before the law, against the law of nature, by which he holds these matches utterly prohibited; With what forehead then, could any Scholar obtrude these false allegations upon an honest client, whether to draw his foot into a snare, or to keep it there, under pretence of favouring what they professedly oppose.  
As for the modern Jews, to whom he stretches out his hand for succour, it matters little what they now teach or do; they are not more without God, then without honesty, or credit; Their opinions are fabulous, their judgement frivolous, and their practice not worth our knowledge, or regard.  
I rather descend to the resolution of our own Church; That our ever honoured Mother hath passed her condemnatory sentence upon this Marriage in her Ratification of that Orthodox and just Table of forbidden Degrees, set forth by authority under Archb. Parker, what doubt we now? Do we acknowledge the Oracular Voice of our dear and holy Mother the Church of England, and yet question whether we should obey it? Certainly in a case of Conscience, a dutiful son (me thinks) should rather hold fit to follow the sacred determination of the Church, than the municipal Acts of the civil state. It is an ill office of those that would set Church, and State, Canons and Statutes, together by the ears even in these points wherein they are perfect friends.  
The statute of 32. of Henry 8. c. 38. intending to mar the Romish market of gainful dispensations, and injurious prohibitions, professeth to allow all marriages that are not prohibited by God's Law; such is this in hand; prohibited, though not in the Letter, yet in necessary inference, and interpretation; The Canon 99, of 1603. hath thus; No person shall marry within the degrees prohibited by the laws of God, and expressed in a Table set forth by Authority in the year 1563. and all marriages so made and contracted shall be adjudged incestuous and unlawful.  
What scruple can arise hence? here is a perfect harmony betwixt statute, and Canon. It is a mere Cavil (no better) to take And for Or; as if the meaning were, that all degrees whether prohibited by the law of God, or expressed in that Table are forbidden; This is a foul strain both to Grammar, and to the sense and Scope of the Canon, which plainly intends to aver that all those degrees prohibited in that Table are also forbidden by the laws of God; A truth so certain, that if either self-love, or love of gain did not betray the eye, it is a wonder how it should abide a contradiction.  
It is observable that neither statute, nor Canon speak of an express prohibition in God's Law; And the Canon purposely distinguisheth the terms prohibited by God's Law, and expressed in the Table, as justly supposing, there may be as strong a prohibition in a sense employed, as verbally expressed: Else, if our Laws (as is pretended) should give allowance (which God forbid) to any marriages not expressly interminis, forbidden; we should have strange and uncouth mixtures.  
God by Moses expressly forbade the uncovering the nakedness of Father and Mother; he expressed not the nakedness of Son, and Daughter: He expressly names the nakedness of the Father's wife, he expresseth not the nakedness of the Mother's husband; He expressly names the nakedness of thy Sister; he expresseth not the nakedness of thy Brother; he expresseth the nakedness of thy Son's Daughter, he expresseth not the nakedness of thy Daughter's Son: He expresseth the nakedness of thy Father's Wives Daughter, he expresseth not the Mother's Husband's Son; he expresseth the Father's Sister, not the Mother's Brother; He expresses the Daughter-in-law, not the Son-in-law. So as by this Rule, if it should be carried only by mere verbal expressions, a Woman might marry her Son-in-law; the Nephew might marry his great Aunt, the Niece her great Uncle; the Daughter might marry her Mother's Husbands Son; the Grand mother might marry her Daughter's Son; the Daughter might marry with her Mother's Husband; Were these things to be allowed, the world would be all Sodom: These things therefore are of necessity included in the Law by a clear Analogy; no less than if they had been expressed.  
But have there been (as he saith) precedents of this match? I am sorry to hear it; surely, the more the worse; and the more need to redress it: the addition of this, if neglected, would help to strengthen an ill claim.  
Cousin's German, he saith, have been allowed to marry; What is that to the present case? The difference is as much as betwixt a Nephew and an Uncle; The Uncle hath too much of the Parents both right, and blood, to challenge an equal claim with a Cozen.  
In the shutting up, it pities me to see your worthy Friend driven to this plea; and like a drowning man, to snatch at so small a twig; Being done (he saith) it ought not to be undone. Alas, the Canon is peremptory; It is incestuous and unlawful; what plea is there for continuance? Speak not therefore of either connivance or dispensation; This match is only capable of a late, but much wished repentance on the Offenders part; and a just diremption on the part of the Judges.    

CASE II.  
Whether it be lawful for a man to marry his Wives Brothers Widow.  
AMongst all the heads of Case-divinity there is no one that yieldeth more seruples, than this of Marriage, whether we regard the qualification of the Persons, or the emergency of actions, and events. It is the lawfulness of this match that you inquire after, not the expedience, and I must shape my answer accordingly.  
It hath been the wisdom and care of our godly and prudent Predecessors, to ordain a Table of all the prohibited degrees to be publicly hanged up in all the several Churches of this Nation; to which all Comers might have recourse for satisfaction: This Catalogue you have perused, and find no exception of the case specified; I know no reason therefore why you may not conclude it not unlawful.  
The question of the Expedience would require another debate; doubtless, in all cases of this nature, it must needs be yielded that it were more meet, and safe (since the world yields so large a latitude of choice) to look further off; A wise and good man will not willingly trespass against the rules of just expedience: and will be as careful to consider what is fit to be done, as what is lawful; but that comes not, at this time, within your inquiry.  
Whiles therefore I give my opinion for the lawfulness of this Marriage with the Relict of the Wife's brother, I do no whit clash (as you suggest) with the judgement of Beza, and Master Perkins, who profess their dislike of such copulations: I shall as readily cry them down for unmeet, and inconvenient, as those, that with too much boldness come over near to the Verge of a sinful conjunction; but for the not unlawfulness of this match, I did upon the first hearing, give my affirmative answer: and the more I consider of it, I am the more confirmed in that resolution.  
That universal rule mentioned by you, as laid down by those two worthy Authors, must endure a limitation; Cujus non licet inire nuptias, ejus nec conjugis licet; that there is the same degree and force of relation of a third person (in the case of marriage) to the husband, and to the wife; so as proximity of blood in the one, should not be a greater bar, than the same proximity of alliance in the other; Otherwise, many more copulations will fall under censure, then common practice will condescend unto; and that ground of, uxor pars quaedam viri, The Wife is as a part of the Husband, as it holds not in natural relation, at all, so not in all conjugal; as might be too easily instanced in divers particulars.  
And if there were not some difference in these relations, those second persons which are interessed in the Husband, or Wife, might not come near to the next in affinity to them; For example, my Brother may not marry my Sister, therefore by this rule, he might not marry my Wife's Sister, and so it should be unlawful for two Brothers, to marry two Sisters; than which nothing is more ordinary, or less obnoxious to disallowance.  
That general rule therefore, must be restrained necessarily, to the first rank of affinity; if we descend lower, it holds not. For further explanation, our Civilians and Canonists are wont to make two kinds or degrees of Affinity, The one Primary, the other Secondary; In the first, is the affinity betwixt the Husband, and the Cousins of blood to his Wife, or, è converso; which indeed, is justly held no less for a bar of marriage, than his own natural consanguinity; for that is an affinity contracted upon interest of blood, by virtue of that entire union, betwixt Man and Wife, whereby they both become one flesh; The Secondary affinity is that, wherein there is another Person added moreover to that first kind, now mentioned; the affinity arising only from the interest of an affinity, formerly contracted, not from consanguinity; and this is not so binding, as either to hinder a marriage to be contracted, or being contracted, to dissolve it.  
In this rank are the Brother's Wife, and Sister's Husband; and therefore, upon the decease of the Brother and Sister, the Husband of the Sister deceased, and the Wife of the deceased Brother may marry together, as Dr. Nicholaus Everhardus out of Richardus de Media Villa, and Panormitan, hath clearly determined 
* Consil. Matrimonial. Germanor. Consil. 5. ; Of this kind is the Marriage now questioned, which therefore doth not fall within the compass of the prohibition, Secundum genus affinitatis, etc. The second kind of affinity, which is by a Person added unto the first kind is no bar to Matrimony; And with this judgement I find no reason why I should not concur; but if any man think that he sees just ground to entertain a contrary opinion, I prejudge him not, but modestly leave him to the freedom of his own thoughts.   

CASE III.  
Whether an incestuous Marriage contracted in simplicity of heart betwixt two Persons ignorant of such a desilement, and so far consummate as that Children are borne in that wedlock, aught to be made known and prosecuted to a dissolution.  
IT is a question (as it may be put) full of doubt and intricacy, Parallel whereunto, and eminent in this kind, was that case, which I had long since, from the relation of M. Perkins, and since that, have met with it in the report of two several Germane Authors.  
The case thus: A Gentlewoman of great note in those parts, being left a Widow, had her Son trained up in her house; who now having passed the age of his puberty, grew up, as in stature, so in wanton desires; earnestly soliciting her Chambermaid to his lust; she had the grace, not only to repel his offers, but being wearied with his wicked importunity, to complain to her Mistress, of his impetuous motions: The Mother out of a purpose to repress this wild humour in her Son, bids the Maid, in a seeming yeildance to make appointment the night following with him, at which time she would change beds with the Maid, and school the young man to purpose. This being accordingly done, the Devil so far prevailed with the Mother, that in stead of chastising, she yielded to the lust of her Son, and by him conceived a Daughter: and now finding herself to grow big, for the hiding of her shame, she retired secretly to a remote part of the country, where she unknown left the burden of her womb, and took order for all care & secrecy of education: After some years the Mother thinks fit to call home her concealed issue, under the pretence of a Kinswoman, and gives her such breeding in her house, as might become the Child of a Friend: The Maid grew up to such comeliness, both of person, and behaviour, that the Son, now grown a Man, fell into passionate love with her; and in short, married her; little thinking that he was now matched with his own Daughter, begotten by him of his own Mother: They lived lovingly and comfortably together, and had divers Children betwixt them. Only the Mother, who was alone conscious of this monstrous copulation, began to find an hell in her bosom; and in a deep remorse, made the case, at last, known to some learned Divines of that time, who bestowed many serious thoughts upon so uncouth a business; and finally agreed upon this determination, That all circumstances throughly weighed; the penitent Mother should after a sold humiliation secretly make her peace with God, for so foul and prodigious a sin; but that the knowledge of the horrible incestuousnesse of this match, should still, and ever be concealed from the young couple, who thought of nothing, but a fair and honest legality in this their conjunction.  
The decision of this point comes somewhat home to yours; to spend my opinion therefore in this case, I find no reason, all things considered, to vary from their judgement.  
I say then, that the Mother's sin was not more heinous in yielding to so abominable an act of incest with her Son, then in smothering the seasonable notice of it for the preventing of a worse incest with her Daughter; for that first act of her incest was transient, but this incest which was occasioned by her silence was permanent, and derivable to her posterity: She ought therefore, though to her perpetual shame, when she saw an inclination in her Son to so foulelyunnaturall a match, to have forestalled it by a free confession, and to have made him sensible of so odious a procation: Which not being done, it must needs be said, that, as the first act of the Son was a voluntary fornication, but an involuntary incest; so this incestuous copulation of the Son with the Daughter, was involuntary in them both; and there cannot be an actual sin, wherein there is not a consent of the william.  
On the one side, it is shameful to think that so grievous a sin should pass without some exemplary censure, and that so foul blood should be propagated to succeeding ages, for want of the timely intervention of a vindicative authority; but on the other side, it would be well considered what miserable inconveniences, yea mischiefs would follow upon so late a discovery; First all honest hearts are put into a just, but unprofitable horror, to think that such a flagitious wickedness could be committed; Then the Mother who had rinced her soul, with a fountain of tears, for so hateful a miscarriage, and reconciled herself to that God, who was the only witness of her sin, should be so late exposed to the unseasonable shame of that world, which never was privy to her offence.  
As for the young couple thus prodigiously conjoined, how could they choose, upon the too late notice of their so deplorable condition, but run mad for anguish of soul, and wear out the rest of their days in shame, and sorrow; And for the children borne to them in so detestable a wedlock, whom they had formerly beheld with complacence, and comfort, as the sweet pledges of their conjugal love, how must they now needs look upon them, as the living monuments of their ignominy; and loathe them as the most basely-begotten imps of a worse than bestial copulation. And when riper age should bring that unhappy offspring forth into the world, how should they be every where pointed at, and hooted after; as some strange aberrations of nature; all which are avoided by this seorecy.  
But if on the other side you shall reply that this one evil is more, then equivalent to all these; that in the mean time, these parties live in a continual Incest, and traduce it to following generations; I must put you in mind, to distinguish, betwixt the state of Incest, and the Sin of Incest; It is true, they live in a state of Incest, but, from the sin of Incest they are excused by an ignorance, altogether invincible; an ignorance both of the original fact, and of their mutual relations; for it is to be supposed, that had they had the least intimation of the natural interest of Father, and daughter, they would with much indignation have defied so foul a commixture, which even brute creatures (if we may believe histories) have by the instinct of nature abominated, and, upon after knowledge, revenged.  
And if any light of knowledge should have broken forth unto the parties, of that condition, wherein they stood, then to have continued under that state of Incest, but an hour, had been damnably sinful; now all those inevitable consequences of shame and horror must have been slighted and forgotten, and must have shut up in a sudden dissolution.  
But, as there are many degrees of Incest; and the sin is so much more, or less heinous, as the parties are nearer, or more remote; I perceive the case intimated by you, concerns a lower rank of incestuous copulation; namely, an incest arising from a man's carnal knowledge of a person too near in blood unto her, whom he afterwards marrieth; The fact known only by one, who now doubts whether he be not bound to reveal it: And why not sooner, when so faulty a match might have been prevented? Why so late, when the remedy intended, would be as noxious as the disease? Why at all, when there is no necessity, or use of the revelation? This question starts another more universal, how far we may, or aught to make known the secret sin of another? Doubtless to prevent some enormous act, which may follow upon our silence; or upon the urging of lawful authority, when we are called to give evidence concerning a fact questioned; Or to antevert some great danger to the public, to ourselves, to our friend, we may, and must disclose our knowledge of a close wickedness; Or if the act be so heinous flagitious, and redounding to so high dishonour of God, as that our conscience tells us we shall participate of this sin in concealing it; our holy zeal shall herein bear us out in a just accusation; although in this case, heed must be taken, that our single crimination may be so carried and made good by circumstances, that it draw us not into the peril of a slander; But, without these, I cannot see, that the revealing of a secret sin, can be construed any otherwise, than an act of Detraction; than which, nothing can be more odious and prejudicial to human society: We have learned from Aquinas that there are eight ways of this hateful practice; whereof four are direct; the raising of a false crime, the amplifying of a true crime; the disclosing of a crime secret, and the sinister construction of another's fact. To these, I must add, that even where the act is such as challengeth a revelation, the time may be unseasonable, and past the date; You know that the notice of treason, if too long smothered, draws the concealer into danger: and in this case, though there be no peril in the silence, yet there may be injury: Shortly, this sin, if ever, should have been so early made known to the party concerned, as might have prevented the making up of a match secretly sinful; and have convinced the agent of a foul illegality, whereof he was ignorant. But now thus over-late, would break out to an unprofitable vexation; since this crime which might justly have hindered the marriage from being contracted, ought not to have the force, after so long intermission, and success of an intervenient wedlock, to dissolve it. The time was, when the Minister in a solemn preconization, called you either then to speak, or for ever after to hold your peace: had you then spoken it might have been construed as Zeal, now, not to hold your peace, will be interpreted no better than malice.    

AN ADVERTISEMENT TO THE READER.  
I Have been earnestly moved by some judicious friends, to go on with this subject, and to make up a complete body of Case-Divinity, both practical, speculative, and mixed, whereof I confess there is great defect in our language; But I remember the talk which Plutarch reports to have been betwixt 
* Plut in vita Crassis.  Crassus, and King Deiotarus, two old 〈◊〉, but great undertakers. Crassus' jeers Deiotarus for laying the foundation of a new City in his decayed age; Deiotarus twits Crassus for going about, in the like age to subdue the warlike Parthians; both justly supposing our decrepit age a just dissuasive from venturing upon great enterprises; Although herein I should not want a worthy precedent, that honour of Navarre, Martinus Azpilcueta, who at ninety years finished the fourth Edition of that his elaborate Manual of Cases of Conscience. But as for me, I am sufficiently conscious of my own inabilities for so long, and difficult a work; Only this, I shall willingly profess, that such scruples as I meet with in my way, I shall not allow myself to balk, and shall leave the answers upon the file. In the mean time, let me incite some of our many eminent Divines, whose wits are fresh, and bodies vigorous, to go through with so useful a work; Many years are passed since my ancient and learned Colleague, Dr. Ralph Cudworth told me that he had with much labour finished that task, and devoted it to the press, which yet sleeps in some private hands. It were happy if his worthy Son, the just heir of his Father's great abilities, would make strict inquiry after it, and procure it to the public light, for the common benefit of God's Church both in the present, and succeeding ages.  
The End.