Another Parcel of PROBLEMS Concerning RELIGION: Necessary to be determined at this time, And to that end Printed apart.  
Together with The prudent Advice of Herennius Pontius A man famous for wisdom among the Samnites, Very appliable to the present Deliberation in PARLIAMENT concerning Delinquents.  
As also The bold and stout Answers of an Ambassador of Privernum, in the Senate of Rome, when the Privernates were in the same low condition, in which the KING'S party now is.  
All for the present use of the Members of both Houses.  
By P. D.  
Defendend a Religio est à privatis omnibus non occidendo sed moriendo non saevitiâ, sed patientiâ: non scelere, sed fide.  Lactan. 
— fortunam reverenter habe.  
Printed in season. In the year 1648.   

Another Parcel of PROBLEMS Concerning. RELIGION.  
WHether it be lawful for Christian subjects to take up Arms against their Sovereign for reformation of the religion by law established, or in defence of their Religion not established by law, or of their lives, or livelyhoods in danger by due execution of law, our blessed Saviour having expressly forbidden them to save their lives by such means, with the addition of a most peremptory threatening if they do, and of most gracious promises, if they patiently lo●e their lives, or livelyhoods, for his sake. And whether the truth or falsehood of their Religion or the power, or number of them that attempt any of the things aforesaid doth make any difference in the case, though they be the Major part of the true, or representative Body of a Kingdom: Or whether all these be not Antichristian proceed directly contrary to the Doctrine & practice of Christ, and of all his holy Apostles, and of the whole Church of God for many ages, and particularly of the Church of England since the Reformation.  
Whether the defence of the Religion by law established, be not more properly a defence of the law, then of the Religion: And whether it be not lawful for Subjects of one Religion, or profession to take up arms in defence of their lives, or livelihood against the violence and force of their fellow-Subjects of a Contrary Religion, or profession though established by Law, and though they pretend to have, or have authority from their Sovereign to massacre, or plunder them for that cause, unless their said fellow-subjects first bring, or endeavour to bring them to a due Legal trial: And whether the truth or falsehood of their Religion, or the number of the thus oppressed doth make any such difference in the case in point of justice, that one man of what Religion soever hath not as much right to defend himself against violence as another, or as a multitude, or that a multitude of what Religion, or number soever ought not to forbear such defence of their persons or estates as well as any one single man of the same Religion or profession if proceeded against one by one in a due Legal course: And whether in some occasions where summary proceed against many at once are used, and allowed in other matters, the same ought not to be submitted unto in this also for conscience sake, provided that the proceed be such as may make it appear that they suffer as Martyrs, or Confessors for Christ's sake: And whether there be any danger that the gates of hell should prevail against the Church of Christ if all true Christians should suffer themselves thus to be killed like sheep, or whether it have not ever been most enlarged at those times when Christians were most willing to yield to be so rob or killed.  
Whether upon the attentive reading of the respective Declarations, of his Majesty and of his two Houses of Parliament, whereby they respectively gave the people of this Kingdom, and the whole world an account of the reasons, of their having taken up Arms, whereof that of his Majesty beareth date the 12. of August. 1642. and that of the Parliament was set forth in the beginning of the same month: it will not be evident to every intelligent man, capable to judge of affairs of this nature, that the present unhappy war is not, or at least at the beginning thereof was not a war of Religion, otherwise then as Religion may be much concerned by consequent in the issue thereof. And whether this will not be yet more evident by comparing the conclusion of his Majesties said Declaration of the 12. of August from the Paragraph beginning in these words, [Our case is truly stated, etc.] to the end thereof, with the Preface, of the Ordinance of the Lords and Commons, for a weekly Assessment throughout the whole Kingdom, for the maintenance of the Army raised by the Parliament, 4. Martii. 1642. which beginneth in these words, [The Lords and Commons now assembled in Parliament, being fully satisfied and resolved in their consciences, that they have lawfully taken up Arms, and may, and aught to continue the same for the necessary defence of themselves, and the Parliament from violence and destruction, and of this Kingdom from foreign invasion, and for the bringing of notorious offenders to condign punishment, which are the only causes for which they have raised, and do continue an Army and forces, which cannot possibly be maintained, nor the Kingdom subsist without the speedy raising of large and considerable sums of money, proportionable to the great expenses, which now this Kingdom is at, for the supporting of the said Army, and for the saving of the whole Kingdom, our Religion, Laws, and Liberties, from utter ruin and destruction.] in which words the Lords and Commons, (it may be) occasioned by many indiscreet defences of their proceed made by well-meaning, but unskilful men, have with great prudence distinguished the justifying causes of their having raised, and continuing an Army, and forces from the things which might by consequent have come into danger, if they had not raised an Army, and forces to defend them, among which Religion is one. And this the Penner of his Majesties said Declaration, had done as carefully from the beginning, in these words, [Our quarrel is not against the Parliament, but against particular men, etc.]  
Whether the consideration of the accidental, and consequential interest of God himself in the issue of a matter in debate, between two parties that are in war ought to engage soldiers, or contributers, to take part with the one or with the other, more than Jurors in a like case, the reason to the contrary being the same in both, to wit, because God hath no need of man's sin in either to maintain his cause, or glory, and it being a manifest sin in a Juror to have any respect thereunto, how considerable soever such interest of God may be, as will be clear to the meanest capacity, by putting the case between an Atheistical Church-Papist, and a godly zealous Protestant, or Puritan touching the perpetual advowson of a great Rectory, and no less clear in the case of a war between two Princes, semblably qualified touching their title to a Kingdom divided in th● Profession of Religion.  
Whether a merely civil cause of clear justice, in which true Religion is much interessed, though but by consequent, may not justly be called God's cause, and ought not to be undertaken more hearty, and maintained more vigorously, by all good Christians in that respect, especially when the interest of Religion is the only, or main motive to the opposition, made by the adverse party, which was the case of the great Henry the fourth of France, who in that regard was commonly prayed for as fight the Lords battles, and is the case of the Prince Elector Palatine, and of Prince Rupert his brother, who in all appearance might ere this have recovered their ancient estates and dignities (to which by the laws of the Empire their title is unquestionable) by the same means that the said King did his Crown, if God by his grace had not made the said great King's example too fearful to them.  
Whether the entituling of Good to any purely civil, and clearly unjust cause in respect of the interest of his true Religion involved by consequent only in the success thereof, be not a sin against the third Commandment, and of a high nature; and whether any damage which may happen to accrue to God's true Religion by occasion of the issue of such a War, will not be put to his account that was in the wrong in the point of the justice of the war though he were in the right in the point of the truth of his Religion, and whether that will not be a heavy aggravation of his sin.  
Whether the parties, and others interessed in a purely civil cause of dubious justice, wherein Religion is no otherwise concerned then as abovesaid, do well to engage themselves, and to endeavour to engage others therein under the title or colour of Keligion; or whether it be not a great sin to do this wittingly and wilfully, especially in them who being Ambassadors of a King that hath publicly declared his Kingdom not to be of this world, and that accordingly refused to make himself a Judge of Civil inheritances between brethren, will hardly be able to show that they have any Commission from him to entangle themselves, and much less to interest his name in such affairs of this world, and it being well known that in the old Law it was death for a Prophet to presume to speak a word in his name that he had not commanded, Deut. 18.20.  
Whether all they who by a mistake of the quarrel do any way engage themselves, or others in a just War upon unjustyfiable grounds be not murderers before God, though not before men, as a man may commit adultery with his own wife if in the dark he chance to take her for another man's: And as a Juror may do unjustly in giving a just verdict, if he do it upon unjust grounds through a mistake of the evidence, or through ignorance of the Law.  
Whether all they, who though they understand the right of the quarrel in a just War, yet engage themselves or others therein upon unjustyfiable motives, as for private revenge, or gain, or with minds any otherwise disposed then purely to procure a yielding to the justice thereof, be not also guilty of all the bloodshed therein: as a juror may be a murderer in consenting to the taking away of his neighbour's life, by a just verdict how clear soever the law, or evidence be to him, if he be enduced thereunto by his own private spleen, or by the bribery, or solicitation of some other revengeful third person, or by any other by respect, and not merely by the merits of the cause.  

Tit. Liv. Hist. Lib. 9  
WHen T. Veturius, and Sp. Posthumius, Consuls of Rome, had engaged their Army too fare within the Gullet, or Straight of Caudium, into a place of so great disadvantage, that it was impossible for them either to get out of the pound wherein they were entrapped by their enemies the Samnites, or to fight them, or to have any relief come to their succour, though they should fortify their camp with a trench and rampire, it is easy for every man to imagine in what distress, they and their Officers and Soldiers were. The Samnites on the other side, in this so fortunate and happy opportunity presented unto them, were as much to seek what to do, and what course to choose and follow. Whereupon they all in general were to dispatch letters to Herennius Pontius, the father of their General, and to know his opinion. Now this man before time by reason of his great age had given over not only military affairs, but also all civil businesses: how be it in that old crazy and spent body of his, he bore the fresh vigouros the mind, & a pregnant wit to give counsel. When he understood that the Romans Army was shut up fast within the two forests, at the Caudine Gullets, and that his advice was asked by his son's messenger, he gave presently this counsel, That with all speed they should be let go from thence every one, without any harm at all done unto them. Which opinion of his being rejected, [of his son and the Army] his mind was demanded a second time, by the same Courtier sent again unto him of purpose. And then he gave advice that they should be all killed, and not one left alive. Upon which answers so far disagreeing, and thus delivered, as it were out of a doubtful Oracle: albeit his son himself imagined, of all others most, that his father's wit was in the wane, and aged, as well as his feeble wasted body: yet by a general consent of all he was overcome, to send for him in Person for to declare his meaning by word of mouth. Neither thought the old man much thereof, but was brought (by report) to the camp in a chariot, and being called to counsel, he was in the same tale still, so as he nothing changed of his former advice, but alleged only causes and reasons thereof. Namely, that in his former resolution, (which he took to be simply the best) his meaning was, by a singular benefit and good turn, to confirm peace and amity for ever, with a most mighty and puissant people. In the second, his purpose was by the utter loss of two Armies, whereby the State of Rome would not easily recover their strength again, to differed the wars for many a year. And as for a third counsel he had none at all. When his Son and other chief Captains, by questioning inquired of him, what if a middle course between both were taken, namely to dismiss them safe, and according to the law of Arms and Conquest, to impose upon them hard laws and conditions. Marry (quoth he) this is the way indeed, that neither winneth you friends, nor yet riddeth you of your foes, save them whom you have provoked with shame and disgrace, and see what you get thereby. The Romans are of this nature, that they cannot be still and quiet so long as they have the worse; it will never die in their hearts, but will be always fresh, whatsoever shame this present extremity shall brand them with: and never will it give them any rest, before they have been by manifold and sundry ways revenged of you. So his advice was not accepted, neither the one nor the other, and old Herennius was carried home again from the Camp. The Samnites would yield to no other terms of agreement, but to have the whole Roman Army pass shamefully under the Gallows: which they by the advice of L. Lentulus, (who told them that they ought to preserve their Country with suffering utter shame, as well as by spending their lives,) were contented to endure, and did. But not long after, Papirius surnamed Cursor defeated the Samnites, and put them likewise to pass under the Gallows.   

Idem Lib. 8.  
When the Privernates rebelling, were utterly vanquished by the Romans, whiles some of them in the Senate of Rome gave advise to proceed cruelly, others to deal gently, according to each man his nature and inclination: there was an Ambassador of Privernum that put all out of squares; a man mindful of that state wherein he was born, more than of his present need and extremity. Who being demanded of one (that had spoken to the point, delivered some sharp censure & heavy sentence against them) What punishment he judged the Privernaces deserved? Marry (quoth he) that which they deserve, who deem themselves worthy of liberty and freedom. At whose stout and arrogant answer, when the Consul saw those to be more eagerly and bitterly bend, who before impugned the cause of the Privernates: to the end that he himself by some mild and gentle demand, might draw from the party more modest language; What (quoth he) if we should remit and pardon your punishment: what kind of peace might we hope to have at your hands? If (quoth he) ye offer us a good peace, ye shall find it on our part loyal & perpetual: but if ye tender hard conditions of peace, ye shall have it last but a small while. But than one gave out that the Privernat began to threaten plainly, and said moreover, that such speeches were enough to stir up any peaceable and quiet people to war, that never thought to have fought. But the better part of the Senate drew those his answers to a better sense, and said that it was the speech of a man, and of a man free borne. For was it credible (quoth they) that any state, nay any particular person, would longer abide (than needs he must,) that condition which he misliketh and goeth against his stomach? There only is peace sure and like to hold, where men are contented and willing to keep themselves in peace: and never let men look or hope to find faithful loyalty, where they will impose thraldom and servitude. And to this purpose the Consul himself especially moved and inclined their hearts, reiterating these words to the Senators that were first to give their opinions, & that so loud, as he might of many more be overheard, that they above all other, and none but they indeed were worthy to be made Roman Citizens, who minded and esteemed nothing in the world but their freedom. Whereupon both in the Senate they obtained the suit: and also by their authority of LL: a Bill was exhibited to the people, that the Privernates might be enfranchised Romans.  
FINIS.