CASE I.
Whether is it lawfull for me to raise any profit by the loane 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 borrowes? A poore neighbour that is constrained out of neede? or a Merchant that [Page 2] takes up money for a freer trade? or a rich man that layes it out upon su­perfluous occasions?

If a poore man borrow out of necessity, you may not expect any profit for the loane: (Deuteronomy 15. 7, 8, 9.) To the poorest of all we must give, and not lend: to the next ranke of poore we must lend freely: but if a man will borrow that money (which you could improve) for the enriching of himselfe; or out of a wanton expence will be laying out that which might be otherwise usefull to you, for his meere pleasure, the case is different; for God hath not commanded you to love any man more then your selfe; and there can be no reason why you should vail your owne just advantage to another mans excesse.

Secondly, upon what termes doe you lend? whether upon an absolute compact for a set increment, (what [Page 3] ever become of the principall or up­on a friendly trust to a voluntary sa­tisfaction according to the good im­provement of the summe 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 bee no other then lawfull: and with those that are truly faithfull and conscio­nable, the bond of gratitude is no lesse strong then that of law and ju­stice.

Thirdly, if upon absolute com­pact; is it upon a certainty, or an ad­venture? for where you are willing to hazard the principall, there can be no reason but you should expect to take part of the advantage.

Fourthly, where the trade is ordi­narily certaine, there are yet farther considerations to be had: to which [Page 4] shall make way by these undenyable grounds.

That the value of moneys or other commodities is arbitrable according to the soveraigne authority and use of severall Kingdomes and Coun­tries.

That whatsoever commodity is saleable, is capable of a profit in the loane of it; as an horse, or an oxe, be­ing that it may be sold, may be let out for profit.

Money it selfe is not onely the price of all commodities in all civill Nations, but it is also, in some cases, a trafiqueable commodity: the price whereof rises, and falls in severall countries upon occasion; and yeeld­eth either profit or losse 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.

[Page 5] But the maine doubt is, whether money meerely considered 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 meere loane of money, is unlawfull both by law na­turall, and positive, both divine and humane.

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 owne time: that the use of the stock once recei­ved, is not the lenders, but the bor­rowers; for the power, and right of disposing the principall, is by contract transferred for the time to the hands of him that receives it; so as hee that takes the interest by vertue of such transaction, doth but in a man­nerly [Page 6] and legall fashion rob the bor­rower.

How frequent the^* Scripture is in the prohibition of this practice, no Christian can bee ignorant: And as for humane lawes raised even from the meere light of Nature amongst Heathen Nations, how odious, and se­verely interdicted usurary contracts, have been in all times, it appeares suf­ficiently by the Records which wee have of the Decrees of^a Egypt, of Athens, of Rome; and not onely 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 himselfe, though o­therwise wicked enough, yet would rather furnish the Bankes with his owne stock, to bee freely let out for [Page 7] three yeeres to the Citizens, upon onely security of the summe doubled in the forfeiture, then he would en­dure this griping & oppressive trans­action: And how wise Cato drove out all usurers out of Sicilie, and Lucullus freed all Asia from this pressure of Interest, History hath sufficiently recorded.

As for Lawes Ecclesiasticall, let it be enough that a^* Councel hath de­fined, that to say usury is not a sinne, is no better then heresie: 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 buriall, is more manifest then to need any proofe.

Secondly, however it is unlawfull to covenant for a certaine profit for the mere loane of money, yet there may be, and are circumstances ap­pending [Page 8] to the loane, which may ad­mit of some benefit to be lawfully made by the lender for the use of his money; and especially these two; the losse that he sustaines, and the gaine that he misses, by the want of the summe lent: For what reason can there be, that to pleasure another man, I should hurt my selfe, that I should enrich another by my owne losse?

If then I shall incur a reall losse or forfeiture by the delayed payment of the summe lent; I may justly look fot a satisfaction from the borrower; yea if there be a true danger of losse to me imminent, when the transaction is made, nothing hinders but that I may by compact make sure such a summe as may be sufficient for my indemnity; And if I see an opportu­nity of an apparent profit that I could make fairely by disbursing of such a summe bona fide, and ano­ther [Page 9] that hath a more gainefull bar­gaine in chace shall sue to me to bor­row my money out of my hand for his owne greater advantage, there can be no reason why in such a case I should have more respect to his pro­fit, then my owne; and why should I not even upon pact, secure unto my selfe such a moderate summe as may be somewhat answerable to the gaine which I doe willingly forgoe, 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 lesse then the feares of our losse.

Shortly, for the guidance of our either caution, or liberty in matter of borrowing, and lending, the onely Cynosure is our Charity; for in all humane and civill acts of Com­merce, it is a sure rule, That what­soever [Page 10] is not a violation of Charity cannot be unlawfull, and whatsoever is not agreeable to Charity can be no other then sinfull: And as Charity must be your rule, so your selfe must be the rule of your Charity; Looke what you could wish to be done to you by others, doe but the same to others, you cannot be guilty of the breach of Charity: The maximes of Traffique are almost infinite; onely Charity (but ever inseparable from Justice) must make the application of them; That will teach you that eve­ry increase by loane of money is not usurary; and that those which are absolutely such, are damnable: that will teach you to distinguish betwixt the one improvement of loane, and the other; and will tell you that if you can finde out a way, whether by loane, or sale, to advance your stock, that may be free from all oppression, and extortion; and beneficiall as [Page 11] well to others, as to your selfe, you need not feare to walke in it with all honest security: but in the meane time take good heed that your heart beguile you not in mis-applications; for we are naturally too apt out of our self-love to flatter our selves with faire glozes of bad intentions; and rather to draw the rule to us, then our selves to the rule.

But whiles I give you this short so­lution, I must professe to lament the common ignorance, or mistaking of too many Christians, whose zeal just­ly cryes downe usury as a most hate­full and abominable practice, but in the meane time makes no bones of actions no lesse biting, and oppressive: they care not how high they sell any of their commodities, at how unrea­sonable rates they [...]et their grounds, how they circumvent the buyer in their bargaines, and thinke any price just, any gaine lawfull that they can [Page 12] make in their markets: not consider­ing that there is neither lesse, nor lesse odious usury in selling and letting, then there is in lending: It is the ex­tortion in both that makes the sinne; without which the kind or termes of the transaction could not be guilty. Surely it must needs be a great weak­nesse to think that the same God who requires mercy and favour in lend­ing, will allow us to be cruell in sel­ling; Rigour and excesse 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, learne to make no lesse conscience of a racking bargaine; otherwise their partiall obedience will argue a grosse hypocrisie; and they shall prove them­selves the worst kinde of what they hate, usurers: For in the ordinary loan [...] usury, the borrower hath yet time to boot for his money; but here [Page 13] the buyer payes downe an excessive interest, without any consideration at all, but the sellers cruelty. For the fuller clearing of which point; where­as you aske

CASE II.
Whether may I not sell my wares as deare 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 finde 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 [Page 14] equally and indifferently betwixt the buyer and seller; so as the seller may receive a moderate gaine, and the buyer a just penny-worth.

In those countries wherein there is a price set by publique authority up­on all marketable commodities, the way of commerce is well expedited, and it is soone and easily determined, that it is meete 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 sellers demands.

These limits must be the ordinary received proportion of price current in the severall 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 [Page 15] the rarenesse 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 sinfull bargaine purchase a curse.

Not that a man is so strictly tyed to any others valuation, as that hee may not upon any occasion aske or receive more then the common price; or that if the market rise he is bound to sit still: There may be just reason upon a generall mortality of cattle to set those beasts that remaine at an higher rate, or upon a dearth of graine, or other commodities, to heighten the price; but in such cases wee must bee so affected as that wee grudge to our selves our owne gaine, that wee bee not in the first file of en­hancers, that wee strive to be the low­est in our valuation, and labour what we may to bring downe the market; alwaies putting our selves in our [Page 16] conceits into the buyers roome; and bethinking how we would wish to be dealt with, if we were in his cloathes.

It is lawfull for the seller in his price to have regard not to his rents and disbursements onely, 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 bargaine: not setting the dice upon the buyer; not making too much haste to be rich, by the secret spoiles of an oppressed neighbour.

Those things whose end is onely pleasure or ornament, as a Jewel, an Hauke, or an Hound, can admit of no certaine value; the owners affecti­on must estimate it, and the buyers desire must make up an illimited bar­gaine; but even in these, and all other commodities that carry the face of unnecessary, Conscience must be the [Page 17] Clarke of the Market; and tell us that we must so sell, as we could be willing to buy. From all which it followes,

That the common maxime current ^* 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 commers; and what ever they can get out of the simplicity, or necessity of the buyers, is lawfull prize, are damnably uncharitable and unjust.

It were an happy thing, if as it is in some other well ordered nations, there were a certaine regulation of the prices of all commodities by pub­lique authority, the wisdome where­of knows how to rise and fall accor­ding [Page 18] to the necessity of the occasion; so as the buyer might be secured from injury, and the seller restrained from a lawlesse oppression. But where that cannot be had, it is fit that Ju­stice and Charity should so far over­rule mens actions, that every man may not be carryed in matter of con­tract, by the sway of his owne unrea­sonable will, and be free to carve for himselfe as he lists of the buyers purse: every man hath a bird in his bosome that sings to him another note.

A good conscience therefore will tell you that if (taking advantage of the ignorance or unskilfulnesse 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 summes which you shall have by your false protesta­tions, [Page 19] and oathes, 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 your selfe, all that you willingly doe this way is but a better-coloured picking of purses; and what you thus get is but stolne goods varnisht over with the pretence of a calling, and will prove at the last no other then gravel in your throat.

CASE III.
Whether is the seller bound to make knowne 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 ^* informes us: with whom Cato [Page 20] so decides it as that his judgement may justly shame and condemne 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 sleight and unimporting; or whether such as may vitiate the thing sold, and render it either unusefull or dange­rous to the buyer: or againe, whe­ther the fault be apparent, or se­cret: both these doe justly vary the case: sleight and harmeless faults may bee concealed without injustice; main and importing must be signified: if apparent defects bee not discerned by the buyer hee may thanke himselfe; secret faults knowne onely to the sel­ler, (such as may be prejudiciall to the buyer) ought not to be concealed, or if they be concealed so, as that the buyer payes for it as sound, and perfect, binde the seller in conscience, [Page 21] either to void the bargaine, or to give just satisfaction.

Secondly, it would be considered, whether the buyer before the bar­gaine be stricken, hath required of the seller to signifie the faults of the commodity to be sold, and out of a reliance upon the sellers fidelity and warrant, hath made up the match: or whether in the confidence of his owne skill, without moving any que­stion, hee enter resolutely, (de bene esse) upon the bargained commodi­ty: If the former, a double bond lyes upon the seller to deale 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 notwith standing that defect it may serve his turne, he may proportion the price accordingly: otherwise he shall be guilty (besides falshood and oppression) of perfidi­ousnesse. [Page 22] But if the buyer will per­emptorily rely upon his owne judge­ment, and as presuming to make a gaine of that bargaine (which the sel­ler out of conscience of the imper­fection, sets (as hee ought) so much lower as the defect may bee more dis­advantageous to the buyer) will goe through with the contract, and stand to all hazards, I see no reason why the seller may not receive the price stipulated; but withall if the match may carry danger in it to the buyer, (as if the horse sold bee subject to a perilous starting, or stumbling; the house sold have a secret crack that may threaten ruine; or the land sold be lyable to a litigious claime which may be timely avoyded) the seller is bound in conscience (at least after the bargaine) to intimate unto the buyer these faulty qualities, that hee may accordingly provide for the prevention of the mischiefe that may ensue.

[Page 23] 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 passe undisco­vered, he is more faulty then his wares, and makes an ill bargaine for his soule. In this, shortly, and in all other cases that concerne trade, these universall rules must take place. That it is not lawfull for a Christian chap­man to thrive by fraud. That hee 1 may sell upon no other termes then he could wish to buy. That his pro­fit 2 must be regulated by his consci­ence, not his conscience by his profit. That he is bound either to prevent 3 the buyers wrong; or if heedlesly done, to satisfie it. That he ought 4 rather to affect to be honest, then rich: And lastly, that as he is a mem­ber 5 of a community both civill and Christian, he ought to be tender of [Page 24] another mans indemnity no lesse then of his owne.

CASE IV.
Whether may I sell my commodities the dearer for giving dayes of pay­ment?

THere is no great difference be­twixt this case, and that of loane, 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 seemes to be a valu­ation of time: which whether in case of mutuation, or sale, may justly be suspected for unlawfull.

[Page 25] For answer;

There are three stages of prices acknowledged by all Casuists; the highest, which they are wont to call Rigorous; the meane, and the low­est; If these keep within due bounds, though the highest be hard, yet it is not unjust, and if the lowest be favo­vorable, yet it is not alwayes necessa­ry.

If then you shall proportion but a just price to the time, and worth of your bargaine, so as the present shall passe for the easiest price, some short time for the meane, and the longer de­lay for the highest, I see not where­in, all things considered, you doe of­fend.

And certainly to debarre the con­tract of a moderate gaine for the de­lay of payment upon moneths pre­fixed, were to destroy all trade of merchandise: For not many buyers are furnished with ready money to [Page 26] buy their wares, at the Port; nor could the sellers make off their com­modities so seasonably, as to be rea­dy for further traffique, if they must necessarily be tyed to wait upon the hopes of a pecuniary sale; and not left to the common liberty of putting them over to whole-sale men upon trust; who upon a second trust distri­bute them to those, that vent them by retaile, both for days agreed upon: By which meanes the trade holds up, and the common-wealth enjoyes 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 than that those, who are able to pay downe ready money for their wares, know to expect a better pennyworth, then those that runne upon trust: And [Page 27] there may be just reason for this dif­ference; For the present money re­ceived enables the seller to a further improvement of his stock, which lyes 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 bargaine for; but there are two incidents into this pra­ctice which may render it not unwar­rantable. The one is the hazard of the summe agreed upon: which too often comes short in the payment: whiles those subordinate chapmen, in­to whose hand the grosse summe is scattered, turne bankrupts, and for­feit their trust; so as no small losse 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 gaine which the merchant might [Page 28] in the meane time have made of the sum differred; which might in likeli­hood have beene greater then the proportion of the raised price can a­mount unto; to which may be added the foreseene probability of the rai­sing of the market in the intervall of payment: the profit whereof is pre­cluded by this meanes 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 forwardnesse of the buyer importuned a prevention.

Upon these considerations, if they be serious, and unfained; I see not why you may not in a due and mo­derate proportion, difference your prices according to the delayes of payment, without any oppression to the buyer: Howbeit, if any man pleaseth to be so free, as to take no [Page 29] notice of time, but to make future dayes in his account present, I shall commend his charity, though I dare not presse his example as necessary.

The case is equally just on the be­halfe of the seller: who if he be either driven by some emergent necessity; or drawne by the opportunity of a more gainfull bargaine, to call for his money before his day, may justly be required by the late buyer, to abate of the returnable summe, in regard of the prevention of the time covenan­ted; by reason of the inconvenience or losse whereunto he is put upon the suddaine 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 onely to be moderated by Christian Charity, and that univer­sall rule of doing what we would be willing to suffer.

CASE V.
Whether, and how farre, Monopolies are, or may be lawfull.

THe most famous Monopolie that we finde in history is that of E­gypt, Gen. 41. 56, 57. wherein the provident Patriarch Joseph, out of the fore-sight of a following dearth, bought up the seven yeares graine for Pharaoh, and layd it up in pub­lique store-houses; and in the gene­rall scarcity sold it out to the inhabi­tants, and strangers, with no small advantage; which was so farre from unlawfull, as that he thereby merited the name of the Saviour of Aegypt: ^* and if any worthy Patriot out of a like providence, shall before-hand gather up the commodities of his country into a publique Magazine [Page 31] for the common benefit and reliefe of the people; upon the pinch of an ensuing necessity, he is so farre out of the reach of censure, as that he well deserves a statue with the Inscription of Publique Benefactor; So as it is not the meere act of Monopolizing that makes the thing unlawfull, but the ground and intention, and the manner of carriage.

All Monopolies, as they are usu­ally practised, are either such as are allowed by Soveraigne authority, or privately contrived by secret plot and convention for a peculiar gaine to some speciall persons. If the first, it must be considered upon what rea­son that priviledge is granted, and up­on what termes; If both these be just, the grant can be no other. For first, it may not be denyed, that supreme authority, whether of Princes or States, hath power to grant such pri­viledges where they shall finde just [Page 32] cause; and secondly, that there may be very just motives of granting them to some capable and worthy persons; I should be ashamed to imagine that either of these should need any pro­bation.

Doubtlesse then, there is manifest equity, that where there hath beene some great merit, or charge, or dan­ger in the compassing of some nota­ble worke for a common good, the undertaker should be rewarded with a patent for a secured profit to him­selfe. As put case some well minded Printer (as one of the Stephens) is willing to be at an excessive charge in the faire publication of a learned and usefull worke 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 Priviledge for the sole impression; that he may recover, with advantage, the deep expence he hath beene at; [Page 33] Otherwise some Interloper may per­haps underhand fall upon the work at a lower rate, and undoe the first edi­tor; whose industry, care and cost shall thus be recompenced with the ruine of himselfe and his posterity; as were too easie to instance.

If a man have by notable dexterity of wit, and art; and much labour and charge after many experiments, attai­ned to the skill of making some rare engine of excellent use for the service of his Prince and Countrey, as some singular water worke; or some bene­ficiall 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 owne invention.

But how farre it may be lawfull for a Prince, not onely to gratifie a [Page 34] well deserving Subject, with the fee of his owne devise, but with a profit arising from the sole sale of marketa­ble commodities through his Kingdome; or whether, and how farre in the want of monies, for the necessary service of his State, he may for the publique use, raise, set, or sell mono­polies of that kind, is diversly agita­ted by Casuists; and must receive answer according to the absolute­nesse 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 lawlesse will of a pri­viledged ingrosser, nor heightned 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 [Page 35] are private and single, or conventi­onall, and plotted by combination; The former, as when some covetous extortioner, out of the strength of his purse, buyes 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 feare but he w [...]ll doe with rigour enough: The true judgment of which action, & the degrees of the malignity of it, must be fetcht, as from the minde, so from the management of the buyer; as be­ing so much more sinfull, as it par­takes more of oppression. The latter, when some brethren in evill conspire to prevent the harvest, to buy up, or hoord up the graine; with a purpose to starve the market, and to hatch up a dearth: A damnable practice in both kindes; and that which hath of old beene branded with a curse; neither lesse full of justice than uncharitablenesse; and that which cryes [Page 36] aloud, for a just punishment, and sa­tisfactory restitution.

I cannot therefore but marvaile at the opinion of learned Lessius (which he fathers also upon Molina) that too favourably minces the hainousnesse 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 corne (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 tyed 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 it selfe 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 [Page 37] indevour to raise himself by the affa­mishing of others?

Neither can it serve his turne to say by way of excuse, that the multitude of buyers may be the cause of a dearth, and yet without sin; since they doe rather occasion, then cause a scarcity; and are so farre from inten­ding a dearth in making their market, that they deprecate it, as their great affliction.

And if, by his owne confession, those, who either by force, or fraud hinder the importation of corne, 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 gaine; how can those be liable to a lesse sin, or punishment, that either buy up, or wilfully keep in, their graine with a purpose to begin, and hold on a [Page 38] dearth? and what lesse can it be then force or fraud, that by their crafty and cruell 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 with holds 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 farre doth the frau­dulent bargaine binde me to perfor­mance.

HOw farre in matter of law, you must advise with other Coun­saile, but for matter of conscience, take this:

Is the fraud actively yours, done by you to another? or else passively put [Page 39] by another upon you? If the former, you are bound to repent and satisfie; either by rescinding the match, or by making amends for the injury: If the latter; wherein did the fraud lye? If in the maine substance of the thing sold, the bargaine is both by the very law of nature, and in conscience, void; yea indeed, not at all: as if a man have sold you copper lace for gold; or alchymie-plate for silver; the reason is well given by^* Casuists: There is no bargaine without a con­sent; and here is no consent at all, whiles both parties pitch not upon the same subject; the buyer pro­pounds to himselfe gold and silver, the seller obtrudes copper, and Al­chymie; the one therefore not buy­ing what the other pretended to sell, here is no bargaine made, but a mere act of cozenage, justly liable to pu­nishment by all lawes of God and [Page 40] man. But if the fraud were onely in some circumstances, as in some faul­ty condition of the thing sold not be­fore discerned; or in the over-prizing of the commoditie bought; the old rule is, Caveat emptor; You must for ought I know) hold you to your bar­gain; but if that faulty condition be of so high a nature that it marres the commoditie, and makes it uselesse 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 over-reacht you in the price, in a considerable proportion is guilty of oppression.

It is very memorable in this kinde that Cicero relates to us of a fraudu­lent bargaine betwixt^* Canius, a Ro­man Knight and Orator, and one Pythius a Banker of Syracuse. Canius comming upon occasion of pleading [Page 41] to the city of Syracuse, tooke a great liking to the place; and setling there, gave out that he had a great desire to buy some one of those pleasant gar­dens, wherewith, it seemes, 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 hee had a faire garden which he had no minde to sell; but if he pleased to make use of it for his solace, he might command it as his owne; and withall courteously invites Canius to suppe with him there the day following: In the meane 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 streame before his garden, and bring him, what they shall have caught: Canius in due time comes [Page 42] according to the invitation, to sup­per; where there was delicate pro­vision made for him by Pythius; and store of boates bringing in their plen­tifull draughts of fish, and casting them downe at the feet of Pythius: Canius askes the meaning of this con­course of Fishermen, and store of pro­fered provision? Pythius tells him this is the commodity and priviledge of the place, if Syracuse yeeld any fish, here it is caught, and here ten­dered; Canius beleeving the report, importunes his host to sell him the ground: the owner after some seem­ing loathnesse, and squeamish relucta­tion, at last yeelds to gratifie him with the bargaine: The deare price is payd downe with much eagernesse. The new master of the place, in much pride of his purchase, the next day repaires early to his garden, invites his friends to a friday feast; and fin­ding no boat there, asks the neigh­bour [Page 43] 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 downe in the mouth; finding himselfe thus cheat­ed by the money-changer: but, for ought 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 losse must be the buy­ers.

But if such be the case, that you are meerely drawne in by the fraud, and would not have bought the commodity at all, if you had not beene induced by the deceit, and false oathes and warrants of the seller, you [Page 44] have just reason, either, if you may, to fall off from the bargaine; or, if the matter be valuable, to require a just satisfaction from the seller; who is bound in conscience, either by an­nulling the bargaine, 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 knowes secret­ly and incurably diseased, to another for sound; and that other, beleeving the sellers deep protestation, shall upon the same price, bonâ fide, put him off to me; I feel my selfe 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 humane lawes, I am left remedilesse; but in the law of [Page 45] conscience, the first seller, who ought to have born his own burthen of an inevitable losse, is bound to transferre by the hands that sold me that injuri­ous bargaine, 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 sinne and obligation to satisfaction, will necessarily lie at the first door; whence if just restitution doe not fol­low, the seller may purchase Hell to boot.

Think not now on this discourse, that the onely fraud is in selling; there may be no lesse (though not so frequent) fraud in buying also; whe­ther in unjust payment, by false coyne; or by injustice of quantities, as in buying by weights, or measures above allowance; or by wrong valua­tion of the substance & quality of the [Page 40] [...] [Page 41] [...] [Page 42] [...] [Page 43] [...] [Page 44] [...] [Page 45] [...] [Page 46] commodity, misknown by the seller; As for instance, a simple man, as I have knowne it done in the Western parts, findes a parcell of Ambergris cast upon the sands; he perceiving i [...] to be some unctious matter, puts it to the base use of his shooes, or his cart wheel; a merchant that smels the worth of the stuffe buyes it of him for a small summe; giving him a shilling or two, for that which himselfe knowes to be worth twenty pounds: the bargaine 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 traffique of heathens, must much more take place amongst Christians, (cum bonis benè agier) that honest men must be honestly dealt with: and there­fore [Page 47] that all fraud must be banished out of their markets; or, if it dares to intrude, soundly punished; and mul­cted with a due satisfaction.

CASE VII.
How far, and when am I bound to make restitution of another mans goods re­maining in my hand?

REstitution is a duty no lesse ne­cessary, than rarely practised a­mongst Christians. The Arch publi­can Zacheus knew that with this he must begin his conversion; and that knowne rule of Saint Austen ^* is in every mans mouth, No remission without restitution. For this act is no small piece of commutative Justice; which requires that every man should have his owne: Most just therefore it is, that what you have taken, or [Page 48] detained from the true owner should be restored; neither can it be suffici­ent, that you have conceived a drye and bootlesse sorrow for your wrong­full detention, unlesse you also make amends to him by a reall 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 fained ne­cessity; Many a one, like to leud criples that pretend false soares, counterfeit a need that is not, and shelter themselves in a willing Jaile, there living merrily upon there de­frauded creditor, whom they might honestly satisfie by a well improved libertie: 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 [Page 49] cast you downe, shall be pleased to raise you up againe; then, you are bound to satisfie; and in the meane time, lay the case truly before your creditor, who if he be not mercilesse, where he sees a reall desire, and indea­vour 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 heires; 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 shooes at a shop there; hearing that the shoomaker was dead, at first was glad to think the debt was now paid; but straight recollecting himselfe, he sayes within himselfe; Yet, howso­ever, [Page 50] ever, the shoomaker lives still to thee, though dead to others; and there­upon puts his money into the shop, as supposing that both of them would finde an owner. It is a rare case that a man dyes, and leaves no body in whom his right survives: But if there be neither heire, nor executor, nor administrator, nor assigne; the poore (saith our Saviour) ye shall have al­wayes with you; Make thou them his heire: Turne your debt into almes.

Obj. But alas you say; I am poore my selfe, what need I then look forth for any other? Why may not I em­ploy my restitution to the reliefe of my owne necessity?

Sol. It is dangerous, and cannot be just for a man to be his owne carver altogether in a business of this nature; You must look upon this money, as no more yours than a strangers; and howsoever it be most true that every [Page 51] man is nearest to himselfe, and hath reason to wish to bee a sharer, where the need is equall; 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 publique cares, are fit to be acquain­ted with the case; (if it be in a matter meet to be notified) as a businesse of debt or pecuniary ingagement, let their wisdome 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 owne 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 soule, what ever becomes of your estate.

As for the time of restitution it is easily determined, that it cannot [Page 52] well be too soone 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 deferre 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 unlawfull pleasure; if your delay may prevent the mis­chiefe, the forbearance is an act of mercy: The owner calls for a sword deposited with you, which you have cause to suspect he meanes 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 murther. Whereto I may adde, that in the choice of the time, you may lawfully have some respect to your selfe; for if the present restitu­tion should be to your utter undoing, [Page 53] which may be avoided by some rea­sonable delay, you have no reason to shun anothers inconvenience by your own inevitable ruine; in such case let the creditor be acquainted with the necessity, his offence deprecated; and rather put your selfe upon the mercy of a Chancery, then be guilty of your owne overthrow.

But when the power is in your hand, and the coast every way cleare, let not another mans goods or mony stick to their fingers; and thinke not that your head can long lye easily up­on another mans pillow.

Yea, but you say the money or goods mis-carried, 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, [Page 54] must be left to his own brest; your tye to restitution is not the lesse; For it is supposed, had they remain­ed in the owners hands they had been safe; if it were not your fault, yet it was your crosse, that they miscarried; and who should bear your crosse but your self?

Shortly then, after all pretences of excuse; the charge of wise Solomon must be obeyed: With-hold not good from the owners thereof, when it is in the power of thine hand to doe it, Prov. 3, 17.

CASE VIII.
Whether, and how farre doth a promise extorted by fear, though seconded by an oath, bind my conscience to perfor­mance?

A Mere promise is an honest mans strong obligation; but if it be [Page 55] withall 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 unlawfull to be done, your promise and oath is so farre from binding you to perfor­mance, that it bindes you onely to re­pentance that ever you made it; In this case your performance would double and heighten your sinne: It was ill to promise, but it would be worse to performe: Herod is by oath ingaged for an indefinite favour to Sa­lome; She pitches upon John Baptist's head; He was sory for such a choice, yet for his oaths sake hee thinkes hee must make it good: Surely, Herod was ill-principled, that he could thinke a rash oath must binde him to murder an innocent; He might have truly said, this was more than he could doe; for that we can do, which we can lawful­ly doe.

[Page 56] But if it be a lawfull thing that you have thus promised, and sworne; though the promise were unlawfully drawne from you by feare, I dare not perswade you to violate it. It is true that divers learned Casuists hold, that a promise drawne from a man by feare is void, or at least revokable at pleasure; and so also the oath an­nexed, which followes the nature of the act whereto it appends; chiefly upon this ground; that both these are done without consent, meere invo­luntary acts, since nothing can be so contrary to consent as force and feare: But I dare not goe along with them; for that I apprehend there is not an absolute involuntarinesse in this engagement, but a mixt one, such as the^* Philosopher determines in the Mariner, that casts his goods o­ver board to save his life; in it selfe, he hath no will to doe it; but here [Page 57] and now upon this danger imminent, he hath an halfe-will to perform it.

Secondly, I build upon their owne ground; There is the same reason, they say, of force, and of fraud; now that a promise and oath drawne from us by fraud bindes 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 shooes, thred-bare garments, rent bottels, 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. &c. the guile soone proved apparent, yet durst not Joshua, though he found himselfe cheated into this covenant, fall off from the league made with them; which when, after many ages, Saul out of politique ends went about to have broken, we see how fearfully it was avenged with a grievous [Page 58] plague of famine upon Israel, even in Davids dayes, 2 Sam. 21. 1. who was no way accessary to the oppression; neither could be otherwise expiated than by the bleeding of Saul's bloody house. When once we have inte­ressed God in the businesse, it is dan­gerous not to be punctuall in the per­formance. If therefore a bold thiefe, taking you at an advantage, have set his dagger to your brest, and with big oathes threatned to stab you, un­lesse you promise and sweare 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 dispence with the performance; the onely help is, (which is well suggest­ed by^* Lessius) that nothing hinders why you may not, when you have done, call for it back againe, as un­justly extorted. And truly, we are beholding to the Jesuite for so much [Page 59] of a reall equivocation; why should you not thus right your selfe, since you have onely tyed your selfe to a mere payment of the summe? upon staking it downe for him, you are free. But if he have forc'd you to promise, and swear not to make him knowne, you are bound to be silent in this act, concerning your selfe; but withall, if you find that your silence may be prejudiciall to the publique good, for that you perceive the licen­tiousnesse of the offender proceeds (and is like so to doe) to the like mis­chiefe 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 leud a person, for the prevention of any further villa­ny.

But if it be in a businesse, whose perill rests onely in your selfe, the matter being lawfull to be done; [Page 60] your promise and oath (though for­ced from you) must hold you close to performance, notwitstanding the inconveniencies that attend. If there­fore you are dismissed upon your Pa­role, for a certaine time, to returne home, and dispose of your affaires, and then to yield your selfe againe prisoner to an enemy; the obligation is so strict and firme, that no private respects may take it off: and it should be a just shame to you, that a^* 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 IV.
Whether those moneys or goods which I have found, may be safely taken and kept by me to my owne use.

IT is well distinguished by Sotus out of Aquinas ^*, 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 unknowne to us, or (as we may adde, to make up the num­ber compleat) such as whose owner we know. Where the true owner is knowne, speedy restitution must fol­low; otherwise the detention is in the next doore 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 masterlesse, (adespota) and common; [Page 62] offering themselves to the next com­mer: The onely 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 kinde, 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 naturall Justice, would give every man his owne. The Lawes both Civill and Canon, and Muni­cipall doe sufficiently guide our practise 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 Waifes and Strayes) every one knowes they are to be publiquely im­pounded, that upon search the owner may be the surer to find them; and if [Page 63] he come not in, the sooner, to be o­penly cryed in severall markets, that the noise of his own neglected goods may come to his eare: and if, upon a continuing silence, they be put into the Custody of the Lord of the Ma­nour, (who is most likely to be re­sponsible) and he shall make use of them, before his year and day be ex­pired, he shall not doe it without some mark of distinction, that yet the true owner may know, they are not chal­lenged by the present possessour, as his owne, but lye open to the just claime of their true master.

But if they be dead commodities, as a jewell, a purse, or some ring of price, or the like, the finder may not presently smother up the propriety of it in his owne cofer; his heart tells him that the meer accident of his finding it, cannot alienate the just right of it from the true owner; he is therefore bound in conscience, in an [Page 64] 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 claime 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 faile in his du­ty of gratitude, if he returne not some meet acknowlegement of that good office, and fidelity: In all which mu­tuall carriages, we ought to be guided by those respects, which we could wish tendered to our selves in the like occasions. Mean while, in all the time of our custody, we are to looke upon those commodities as strangers; ma­king account of such a potentiall right onely in them, as we are ready and desirous to resigne to the hands that purchased and lost them. On [Page 65] the contrary, no words can expresse the horrible cruelty and injustice that is wont to be done in this kinde, not onely on our shores, but in other na­tions also, upon the ship-wrecked goods both of strangers, and our own compatriots; whiles in stead of com­passioning and relieving the losse, and miseryes of our distressed bretheren, every man is ready to run upon the spoile, and, as if it were from some plundered enemy, is eagerly busie in carrying away what riches soever come to hand, which they falsly, and injuriously terme Gods Grace, when as indeed it is no other than the Devils booty. This practise can passe for no other than a meere robbery, so much more haynous, as the condition of the mis-carried owner is more misera­ble: what a foule inhumanity is this, to persecute him whom God hath smitten; and upon no other quar­rell to be cruell to our brother, than [Page 66] because the Sea hath been mercilesse? Deare 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 poore wrecked soules, and safely pre­serving that small residue of their drowned fraight, 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 miue.

TO buy those goods which you know, or have just cause to su­spect [Page 67] to be stoln or plundered, is no better th [...]n to make your selfe acces­sary to the theft; if you doe it with an intention to possesse them as your owne; for what doe you else herein, but ex-post-facto partake with that thiefe, who stole them; and incou­rage him in his leud practices? since according to the old word; If there were no receivers, there would be no thieves. Neither will it serve the turn, that in the case of plunder, there may seeme 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 onely 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 bargaine) charged upon you; Psal. 50. 18. When thou sawest [Page 68] a thiefe, thou consentedst with him: These stoln waters may be sweet in the mouth, but they will be poyson in the maw, and like the water of a just jealousie, rottennesse to the belly: But if (as these ill-gotten goods are lightly cheap penny-worths) you buy them onely with an intention to grati­fie the true owner, with an easie pur­chase of his owne, (which would per­haps else be unrecoverable) (whiles your profession, it do it for no other end, takes off the scandall) 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 commodi­tyes, you shall extend your liberty to whatsoever is sold in the market, and shall in the exercise of that freedome upon a just and valuable considerati­on ignorantly buy those goods which you afterward heare, and know, to [Page 69] be anothers, the contract is on your part valid, and faultlesse, since your invincible want of knowledge acquits you from any guilt of consent; but withall, there is an after-game to be plaid by you: you are bound (upon just notice) to acquaint the true ow­ner with the matter, and to profer your selfe ready to joyne 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 onely upon pro­bability; and it be doubtfull whe­ther the goods belong to the owner notifyed to you, your duty is to make diligent inquiry into the businesse; and if upon due inquisition, you finde too much likelihood of the theft, I dare not advise you (with some Ca­suists) to reverse the bargaine, and to returne the commodity to those false hands that purloyned it; but rather to call the probable owner, and with [Page 70] him to appeale unto just authority; for a more full examination of the right, and an award answerable to justice: but if there appeare no good grounds for an impeachment, you may peaceably sit down in the pos­session, till further evidence may con­vince your judgement in the contra­ry.

CASE I.
Whether, and in what cases it may be lawfull for a man to take away the life of another.

HOw light a matter so­ever it may seeme to the world now long soaked in blood, a mans life is most pre­cious; and may not (but upon the waightiest of all causes) be either ta­ken, or given away. the great God [Page 72] hath reserved to himself this preroga­tive, to be the onely absolute Lord of it; neither can any creature have po­wer to command it, but those onely to whom he hath committed it by speci­all deputation; nor they neither, by a­ny independent or illimited authority; but according as it is regulated by just lawes: to call for a mans life meerly out of will, is no other than a Turkish tyranny.

Now the same God that hath or­dained Soveraign powers to judge of, and protect the life of others, hath gi­ven weighty charge to every man to tender and manage his owne: which bindes him to use all just meanes for his owne preservation; although it should be the necessitated destruction of another.

Let us see therefore how far, and in what cases, man, that is alwayes ap­pointed to be master of his owne life, may be also master of another mans.

[Page 73] That publique justice may take a­way the life of hainous malefactors, is sufficiently knowne, to be not law­full onely, but required; and indeed so necessary, that without it there were no living at all amongst men.

That in a just warre the life of an open enemy may be taken away, is no lesse evident; the onely questi­on is of private men in their owne cases.

And here we need not doubt to say that even a private man, being mor­tally assaulted, may in his owne de­fence lawfully kill another; I suppose the assault mortall, when both the weapon is deadly, and the fury of the assailant threatens death; as for some sleight and suddaine 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 quarrells no lesse than mortall. But [Page 74] even in these assaults, (except the vi­olence be so too impetuous, that it will admit of neither parle nor pause) there ought to be (so much as may consist with our necessary safety) a tender regard and indeavour to avoid the spilling of bloud; but if neither perswasion, 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 onely, but my father, or my sonne should in this forcible manner set upon mee, how­soever I should hazard the award of some blowes, and with teares beg a forbearance, yet, if there would bee no remedy, nature must pardon mee; no man can bee so neare mee as my selfe.

I cannot therefore subscribe to the counsell of^* Leonardus Lessius (abet­ting some ancieut Casuists, and pre­tended [Page 75] to be countenanced by some Fathers) that it were meet for Cleri­call and Religious persons rather to suffer death, than to kill a murtherer: since no reason can be shewed, why their life should not bee as deare 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 foule blood of a wicked man-slayer, justly shed, than any others. I am sure Phi­neas thought not so; nor Samuel af­ter him; and (which is most of all) that the honor and priviledges of the Sonnes of Levi were both procured, and seoffed on them upon an injoyn­ed blood-shed.

^* Onely here is the favour and mer­cy of that learned Casuist, that Clerks and Votaries are not alwayes bound rather to dye, than kill: for, saith he, if such religious persons should bethink [Page 76] himselfe, that he is in a deadly sinne, and should thereupon feare that he should be damned, if he were killed in that wofull and desperate estate; hee were then bound by all meanes to defend himselfe, and to preferre the safety of his owne soule, before the life of another: As if nothing but the feare of damnation could warrant a man for his owne safeguard, as if nothing but the danger of hell could authorize an holy person to be his owne guardian; as if the best of lives were so cheap and worthlesse, that they might be given away for no­thing, whereas contrarily Precious in the sight of the Lord is the death of all his Saints, Psalm. 116. But in such a case (according to the opinion of this great^* Casuist) charity to our selves doth not more arme and enforce our hand, than charity to our neighbour holds it, and bindes it up: We may [Page 77] not kill, lest the man-slayer, dying in the attempt of this murther, 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 heresie must needs have sent them up instantly to their hell?

By this reason, a malefactor, if he be obdured in his sinne, and professeth to bee remorslesse, may not feele the stroke of Justice. Shortly then, if a man will needes be wicked to my de­struction, the evill is his owne; let him beare his owne guilt, let me looke to my owne indempnity.

The case is yet more difficult where the attempt is not upon my person, but my goods; if a man will be offe­ring to robbe my house, or to take my purse, what may I doe in this [Page 78] case? Surely, neither charity, nor ju­stice can disswade me from resisting; the lawes of God and man will allow me to defend my owne; and if in this resistance the Thief, or Burglayer miscarry, his blood will be upon his owne head: although in the meane time, charity forbids that this slaugh­ter should be first in my intention; which is primarily bent upon my owne safety, and the vindication of my owne just propriety: the blood that followes is but the unwilling at­tendant of my defence: of the shed­ding whereof, God is so tender, that he ordained it onely to be inoffensive­ly done in a nightly robbery; Exodus 22. 2. where the purpose of the thiefe is likely to bee more murtherous, and the act more uncapable of restitu­tion.

What then if the thiefe, after his robbery done, ceasing any further danger of violence, shall betake him­selfe [Page 79] to his heeles, and run away with my money? In such a case, if the summe be so considerable, as that it much imports my estate, how ever our municipall lawes may censure it (with which, of old, even as killing (^* se defendendo) was no lesse 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 meanes I disable him from a further escape, for the recovery of my owne; and if hereupon his death shall follow, how­ever I should passe with men, God and my owne heart would acquit mee.

Neither doubt I to say [...] the like may be done upon a forcible attempt of the violation of the Chastity of either sexe: A case long agoe adjudged by the doome of nature it selfe in Marius the Generall of the Roman [Page 80] army (as^* Cicero tells us) clearely ac­quitting a young man for killing a Colonel that would have forced him in this kind.

But I may not assent to^† Domini­cus Bannez, Petrus Navarrus, and Cajetan, (though grave Authors) who hold, that if a man goe about upon false and deadly criminations to sub­borne witnesses against mee, 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 wofull and dangerous case, if every man might be allowed to carve himselfe of justice; Meere accusations are no convictions; How know I what God may work for me on the Bench, or at the Barre? what evidence hee may raise to cleare mee? what confusion, or contraction hee [Page 81] may cause in the mouthes 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 relyed upon; which can and will bring about his owne holy purposes, without our presum­ptuous, and unwarrantable underta­kings.

CASE II.
Whether may I lawfully make use of a Duell for the deciding of my right, or the vindication of my honour?

I Have long agoe spent my opinion upon this point, in a large episto­lar discourse, which I finde no reason to alter: thither I might referre you to spare my labour; but lest perhaps that should not be at hand; shortly thus:

The sword in a private hand was [Page 82] never ordained to be a decider of any controversies, save this one, whether of the two is the better Fencer; nor yet that alwayes, since Eccles. 9. 11. The race is not to the swift, nor the bat­taile to the strong; as Solomon hath observed: It can be no better there­fore, than a meere tempting of God, as^* Rodriguez justly censures it, to put our selves, or our cause upon so unwarranted a tryall: I finde but two practises of it in the Records of Scri­pture; the one, that famous challenge of Goliah, 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 quarrell; and had still gone on to triumph over that trem­bling [Page 83] army, had not Gods inexpect­ed champion, by divine instinct taken up the monster, and vanquisht him, leaving all but his head, to bedung that earth, which had lately shaken at his terrour.

The other was in that mortall quarrell betwixt Joab and Abner, on the behalfe of their two Masters, Da­vid and Ishbosheth; 2 Sam. 2. 14. wherein Abner invites his rivall in ho­nor, to a Tragicall play, (as he termes it) a monomachie of twelve single combatants on either part; which was so acted, that no man went victor away from that bloudy Theater; 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 publique hostility; that some confident Ca­val [...]er out of meere bravery of spirit [Page 84] craves leave to put himselfe forth be­fore both Armies, and (as in way of preface to an ensuing battaile) bids defiance to any Antagonist; An act of more valor than judgement; where­of the undertaking is void of war­rant; and the issue (lightly) of suc­cesse? whiles it pleaseth God com­monly to punish presumption with a foyle; and the ominous miscarriage of one, proves a sad discouragement to many.

And if single fortitude be not tri­able this way, much lesse Justice in causes litigious; to make the sword arbiter of such differences, were no better than to revive the old Ordalian triall used by our Hea­then Ancestors: Sith God hath no more ordained, nor promised to blesse the one than the other; And reason it selfe tells us, in how ill a con­dition that righteous cause is, which must be carried by the sharper wea­pon, [Page 85] the stronger arme, 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 evill.

I cannot therefore but wonder at, and cry downe the opinion of Ban­nez, and Cajetan, that a man slan­dered by an unjust accuser, may just­ly challenge him the field, and vindi­cate himselfe by the sword; A Do­ctrine, which if it were allowed and accordingly practised, besides that it would destroy the course of justice, and wrest revenge out of the hands of the Almighty, were enough to make the world an Aceldama; For who would not be his owne Judge for the Accusation; and his owne Executio­ner for the revenge?

There may yet seeme more inno­cence [Page 86] in the Acceptation; which makes shew of a meere passive nature, and appeares 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 confesse, the irrita­tion diminisheth the offence; but withall, however the Spanish and Italian Casuists (whose Nations are wont to stand a little too highly up­on the points of a mis called honour) are wont to passe faire 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 cowardise: since the plea of conscience is able to beare downe [Page 87] the vaine fancies of idle sword-men: or, if that will not be taken, the false blurres that are cast upon a worthy mans reputation by vulgar breath, deserve no entertainment but scorne; or lastly, other means lie open to both parts for the proofe of a questioned valour, which in a lawfull way the challenged is ready to embrace; he walks not unprovided about the bu­sinesse of his calling, if he be fairely set upon, on equall termes, he shall make no doubt to defend himselfe: But to make a formall businesse of a quar­rell, on either part, and to agree up­on a bargaine of blood-shedding, is wicked and damnable; and though both should come fairely off, yet the very intention to kill, is murther.

This case is so cleare, that the Counsell of^* Trent hath thought fit to denounce heavy sentences, and in­flict [Page 88] sharp censures upon Emperours, Kings, States, and Potentates, that shall give allowance 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 unlawfull acts are made: And that those who either act, or patronize, and by their presence assist, countenance, or abett such combats, shall incurre the sentence of excommunication, the losse of all their goods, and perpetuall infamy; and if they dye in such quar­rell, shall, as selfe-murtherers, be de­barred the priviledge of Christian bu­riall.

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, than ha­zard your soule.

CASE III.
Whether may it be lawfull, in case of extremity, to procure the abortion of the child, for the preservation of the mother?

I Feare want of true judgement ren­ders too many of the weaker sexe grossely culpable in matter of willing abortion; whiles being not well principled either in nature, or grace, they think it not unlawfull, or at least, venially so, whether out of the feare of painefull childe-birth, or for the avoidance of too great a charge, to prevent the fulnesse of their conceptions; and there­fore, either by over vehement moti­on, or unwholsome medicine, are not unwilling to fore-stall nature, and to free themselves early of that which might in time prove their burden: Wherein they little know how highly [Page 90] they offend the Majesty of God in destroying his potentiall creature, and how heavy weight of guilt they lay upon their soules, whiles they in­deavour 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 lesse than mortall sin, in a Physitian to prescribe a medici­nall receit to cause abortion, for the hiding of a sinne, or any outward se­cular occasion; yet for the preserva­tion [Page 91] of the life of the mother, in an extreme danger, (I say, before ani­mation) it might be lawfull: But af­ter life once received, it were an hai­nous sin to administer any such mor­tall 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 abortment, (whe­ther before or after animation) is ut­terly unlawfull, and highly sinfull: And with them I cannot but concur in opinion; For, after conception we know that naturally followes anima­tion, there is only the time that makes the difference; which in this case is not so considerable, as to take off a sinne: That of^* Tertullian comes home to the point which both Covar­ruvias and^† Lessius urge to this pur­pose: Homicidii festinatio est prohibere nasci; It is but an hastening of mur­der [Page 92] to hinder that which would bee born; Homo est qui futurus est; It is a man that would be so, &c.

Upon this ground we know that in a further degree of remotenesse, a voluntary selfe pollution hath ever beene held to have so much guilt in it, as that Angelus Politianus reports it as the high praise of^* Michael Verri­nus, that he would rather dye, than yeild to it: how much more when there is a further progresse made to­wards the perfection of humane 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 universall rule of the Apostle, That wee may not doe evill that good may come thereon, Rom. 3. 8.

[Page 93] The second consideration is of the nature of the receit, 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 applyed for the mothers remedy, may prove the losse of the concepti­on, being yet inanimate; these if they be given with no other intention than the preservation of the mothers life, may bee capable of excuse; for that the inconvenience (or mischief rather) which followed upon the receits was accidentall, and utterly against the minde, and hopes of him that advised them.

But if the conception bee once formed, 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 [Page 94] that Mosaicall law (in Lxod. 21.) con­cerning abortions, in these termes. If a man strike a woman that is with child, and shee make an abortion, if the child were formed, he shall give his life for the life of the child; if it were not formed, he shall be punished with a pecuniary mulct to her husband ^*: 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 Latine more agreeably to the Origi­nall, makes to be Death; and our English, with^† 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:^* Cornelius à La­pide taking it expresly of the mothers [Page 95] death, yet drawes the judgement out, in an equall length to the death of the childe, once animated; making no difference of the guilt; since the infants soule is of no lesse worth, than hers that beates him.

In this case of the conception ani­mated, I find the Casuists much divi­ded; Whiles some more tender than their fellowes, 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 childe; in case that the child may be probably drawne forth alive; which they doe upon this false and bloudily uncharitable ground,^* that the child dying without Baptisme, is liable to eternall damnation, which wofull danger therefore the mother ought [Page 96] to prevent, though with the certaine hazard of her own life: but the foun­dation of this judgement being un­sound, (since to doome the children of believing Parents inevitably to hell for the want of that, which they are not possibly capable to receive, is too cruell and horrible) the stru­cture must needes totter. These men whiles they professe themselves too carefull of the soule of the childe (which yet may perhaps be safer than their owne) seeme to bee somewhat too hard-hearted to the body of the mother.

^* Others more probably hold, that if the case be utterly desperate; and it bee certaine that both mother and childe must undoubtedly perish if some speedy remedy be not had; it may then be lawfull to make use of such receits as may possibly give some hopes to save the mother, [Page 97] though not without some perill of the child.

But all this while, the intentions, and indeavours 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, (however the secrecy may exempt her from the danger of humane lawes) can thinke to avoid those judgments of the righ­teous God, which he hath charged upon murderers.

I cannot here therefore forbeare 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 tooke to themselves in this matter of abortion; in a just detestation of that [Page 98] damnable practice, thought meet in much fervour of spirit to set forth his Bulla Cruciata; than 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, formed, or infor­med, by potions, or medicaments, or any other meanes whatsoever, to have incurred both the crime and pu­nishment of man slaughter: charging due execution to be done upon such persons accordingly: And withall in a direfull manner excommunicates them, and sends them to hell, (with­out repentance) reserving the abso­lution solely to himselfe and his suc­cessors.

Now comes a late^* successor of his, Gregory 14; who finding the [Page 99] sentence too unreasonably hard for his petulant, and thriftie 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 yeare of his Pontificate in a certaine Constitu­tion of his, dated at Rome, the last day of May, 1591. delevit censuras, quas Sixtus V. imposuerat contra fa­cientes, procurantes, &c. abolisht and took off those heavy censures, which ^* Sixtus had imposed and reduced the terrible punishments by him or­dained to be inflicted unto a poore bare irregularity; and determines, that any Confessor, allowed by the Ordinary, may absolve from this sin of procured abortion: By the sleight­nesse of the censure, in effect, anima­ting the sin: An act well becomming [Page 100] the mother of Fornications: After all which Pandarisme, let all good Chri­stians know, and resolve the crime to be no lesse than damnable.

But withall, let me advise you, (with^* Martinus Vivaldus) that what I have herein written against the pro­curers of abortions, may not be extended to the practise of those dis­creet Physitians, and Chirurgeans, who being called to for their aide in difficult and hopelesse child-births, prescribe to the woman in travaile such receits, as may be like to hasten her delivery, (whether the childe be a­live or dead:) forasmuch as the con­ception is now at the full maturity; and the indeavour of these Artists is not to force an abortement, but to bring forward a naturall birth, to the preservation of the mother, or the childe, or both.

CASE IV.
Whether a man adjudged to perpetuall imprisonment, or death, may in con­science indeavour, and practise an escape.

WHat the Civill or Common Lawes have in this case deter­mined for the publique good, comes not within the compasse of our dis­quisition: Let the Guardians, and Ministers of those Lawes looke care­fully to the just execution of them accordingly: The question is onely of the law of private conscience; how farre that will allow a man to goe 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 hee may most lawfully, by all just meanes, worke his owne freedome: But if [Page 102] an offender, what may he doe? The common opinion of Casuists is per­emptory; ^* That he that is kept in prison for any offence wherupon may follow death, or losse of limb, whe­ther the crime be publique 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 universall rule, and instinct of selfe-preservation, which is naturall to every creature; much more eminent in man, who is furnish­ed with better faculties than the rest, for the working of his own indemnity: Whereto is added that main conside­ration of Aquinas; That no man is bound to kill himselfe, but onely doomed to suffer death; not there­fore bound to doe that upon which death will inevitably follow, which [Page 103] is to wait in prison for the stroak, if he may avoid it; it is enough that he patiently submits to what the law forces upon him, though he doe not cooperate to his owne 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 unlawfull for the friends of the imprisoned, to conveigh unto him files, and cords, or other instruments usefull for their escape: But herein some better-ad­vised Doctors have justly dissented from them; as those, whose Judge­ment hath not beene more favourable to malefactors, than dangerous and prejudiciall to the Common-wealth: for how safe soever this might seeme in lighter trespasses, yet if this might be allowed, as in conscience lawfull to be done to the rescue of murthe­rers, traytors, or such other flagitious villains, what infinite mischiefe might [Page 104] it produce? and what were this other than to invite men to be accessary to those crimes, which the law in a due way intends to punish? 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 sinfull 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 unlawfull aide, is no better than a foule affront of publique Justice, and enwrappes the agent in a partnership of crime; yet the law of nature puts this liberty upon the restrained party himselfe, both to wish and indeavour his owne deliverance: Although not so; but that if the prisoner have ingaged him­selfe by solemne promise, and oath to his keeper, not to depart out of his custody; honesty must prevaile a­bove nature; and he ought rather [Page 105] to dye, than 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 capacity; but in the case of gracelesse and felonious persons, Goalers have reason to looke to their bolts and locks; knowing (accor­ding to the old rule of wise Thales) that he who hath not stuck at one vil­lany, will easily swallow another; perjury will easily downe with him, that hath made no bones of mur­ther.

But where the case is entire, no man can blame a captive if he would bee free; and if hee may untie the knot of a cord wherewith he was bound; why may he not unriver, or grate an iron wherewith he is fettered? for so much as hee is not bound to yeild, [Page 106] or continue a consent to his owne 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^* Valerius Maximus, sentenced to die by hunger, was never found fault with, that he maintained himself in his dungeon by the brests of his good-natur'd 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 owne 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 stirre out of those grates, whereto they are confined, by [Page 107] the doom of their Prelates; And when I see the brave resolutions of holy Martyrs, that even when the doores were set open, would not flee from a threatned death, I cannot but con­clude, that whatsoever nature suggests to a man, to work for his owne life or liberty, when it is forfeited to Justice, yet that it is meet and commendable in a true penitent, when he findes the doome of death or perpetuall du­rance justly passed upon him, humbly to submit to the sentence; and not en­tertaine the motions and meanes of a projected evasiō: but meekly to stoop unto lawfull authority, and to wait upon the issue whether of Justice, or Mercy: and at the vvorst, to say vvith 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 bee no otherwise than holily used; whether on the part of the giver, or taker; and therefore may neither be rashly uttered, nor unduly tendered upon sleight, or unwarran­table occasions: We have not to doe 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 sweare, hath or­dained to be an end of controversies; At the mouth of two or three witnesses shall the matter be established, Deuter. 19. 15. and 17. 6. As for secular Ti­tles of mine, or thine; the propriety of goods, or lands, next after writ­ten evidences, testimonies upon Oath [Page 109] must needs be held most fitly decisive the only scruples are wont to be made in causes criminall.

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 lawfull witnesses: A Judge may not cast any man upon the plea of his owne ey-sight: should this liberry be granted, Innocence might suffer, and Malice triumph: Neither may any man be condemned upon hear-say; which how common­ly false it is, daily experience suffici­ently evinceth.

On the other side, men are apt enough to connive at each others wic­kednesse; and every man is loath to be an Informer, whether out of the envy of the office, or out of the conscience of his owne obnoxiousnesse.

And yet thirdly, it is requisite that care should bee taken, and all due [Page 110] meanes used by authority, that the world may not be over-run with wic­kednesse; but that vice may be found out, repressed, punished.

There cannot, fourthly, be devised a fairer, and more probable course for the effecting hereof, than 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 owne knowledge, or publique fame, or an avowed information. Any of these gives a lawful hint to the Judge, whether Ecclesiasticall or Civill, to take sull triall of the cause and per­son.

Knowledge is alwayes certain, but fame is often a lyar; and therefore e­very idle rumour must not be straight taken upon trust; the inconvenience and injury whereof I have often [Page 111] seene; when some malicious person, desiring to doe a despight to an inno­cent Neighbour, raises a causelesse slander against him, whispers it to some dis-affected Gossips, this flies to the eare of an Apparitor; hee straight runs to the Office, and sug­gests a publique 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 groundlesse 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 staine the good name of an innocent (as we have too often knowne) it were a shamefull injustice to allow them the Authors of a fame: the more judici­ous [Page 112] Doctors have defined a publique fame by the voice of the greater part of that Community, wherein it is spread, whether Towne, Parish, City: and therein of those that are discreet, honest, well-behaved. We are wont to say, Where there is much smoake, there is likely some fire: an universall report from such mouthes therefore, may well give occasion to a further inquiry. If any mans zeale against vice will make it a matter of instance, the case is cleare, and the proceeding unquestionable; But if it be matter of meere office, the carriage of the pro­cesse may bee liable to doubt; Herein it is meet such course be taken, as that neither a notorious evill 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 [Page 113] if the Circumstances appeare preg­nant, and the Suspicions strong, I see not why the Ecclesiasticall Judge (for with him onely in this case I professe 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, enjoyn him such satisfction to the scandalized Corgregation as may be most fit, or upon his deny­all urge him to cleare himselfe by lawfull witnesses, of the crime obje­cted; Or why he may not, if hee see further cause, appoint a discreet and able prosecutor to follow the business in a legall way; upon whom the accu­sed, if he be found guiltless, may right himselfe.

But all this while, I finde no just place for an oath to be administred to a man for his owne accusation; which certainly, is altogether both illegall and unreasonable; If a man [Page 114] will voluntarily offer to cleare him­selfe by an Oath, out of the assured­nesse of his owne 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 partiall in his owne case, and he that durst act a foule sin will dare to face it. It was ever therefore lawfull (even when Ec­clesiasticall Inquisitions were at the highest) for a man to refuse answer to such questions upon oath, or other­wise, which tended to his owne im­peachment; as unjustly, and unwar­rantably proposed: and it was but a young determination of^* Aquinas, when he was onely a Batchelour, in the Generall Chapter at Paris, con­tradicted by all the ancient Graduates there, that when the crime is notorious, and the authour unknowne, the [Page 115] secret offender is bound upon his Or­dinaries charge and command, to re­veale himselfe.

Even the Spanish Casuists, the great favourers and abettors of the Inquisition, teach that the Judge may not of himselfe 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 publique notice, infamie, common suspicion, complaint; other­wise, the whole processe is void in law; although herein some of them goe too far in favour of their great Diana, that where the crime is known, and the author unknowne, the Judge may in a generality inquire of him that did it, and if he have any private information (though without any publique fame foregoing) he may in some cases, raise a particular inquisi­tion upon the party, and call him to defend himselfe; which course cer­certainly, [Page 116] gives too much advantage to private malice; and opens too much way to the wronging of Innocence. The faire way of proceedings in all Christian Judicatures, should be, by Accuser, Witnesse, and Judge, in distinct persons openly knowne; the Accuser complaines, the Witnesse evinceth, the Judge sentences: The one may not be the other; much lesse all three: Were that to be allowed, who could be innocent?

When a witnesse then 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 righte­ousnesse, Jer. 4. 2. as for his owne con­cernments, he must referre himself to the testimonies and oathes of others.

CASE VI.
Whether a Judge may upon allegations, proofes, and evidences of others, con­demn a man to death, whom he himself certainly knows to be innocent.

THe question hath undergone much agitation; The streame of all ancient Divines, and Casuists runs upon the affirmative; their ground is, that the Judge, as he is a publique person, so in the seat of Judicature, he must exercise a publique autho­rity; and therefore waving his pri­vate knowledge and interest, must sentence according to the allegations and proofes 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 speake his owne judge­ment, but to be the mouth of the law, and the law commands him to [Page 118] judge according to the evidence; the evidence therefore being cleare and convictive, the doome can be no other than condemnatory.

For my part, I can more marvell at their judgement herein, than 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 than innocent; they may make him to seeme so; in so much as those that know not the cause exactly, may per­haps be mis-led to condemne him in their judgments: But to the Judge, whose eyes were witnesses of the par­ties innocence, all the evidence in the world cannot make him other than [Page 119] guiltlesse; 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 generall direction in the com­mon course of proceedings; but there are cases wherein this law must vaile to an higher, which is the law of Con­science: Woe be to that man who shall tye himselfe so close to the letter of the law, as to make shipwrack of conscience; And that bird in his bo­some will tell him, that if upon what ever pretences, he shall willingly con­demne an innocent, he is no better than a murtherer.

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 knowes that the [Page 120] intention of the law, is to save and protect the innocent; to punish one­ly 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 condemnes the man, and not the Judge; This excuse will not serve before the Tribunall of heaven; The law hath no tongue; It is the Judge that is lex loquens; If he then shall pronounce that sentence which his owne heart tells him is unjust and cruell, 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 witnesse will sweare him guilty? This is but a false glosse set upon a true text, to countenance a man in being an instrument of evill.

What then is in this case to be [Page 121] 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 advise against plaine evidences and flat dispositions, upon private knowledge, that man to be openly pronounced guiltlesse; and thereby discharged; for as the one is a grosse violation of justice; so were the other a publique affront to the law; and of dangerous consequence to the weale-publique: Certainly, it could not but be extreamely unsafe, that such a gappe should bee opened to the liberty of judgement, that a private brest should be opposed (with an apparent prevalence) against pub­lique convictions: our Casuists have beaten their braines to finde out some such evasions as might save the inno­cent from death, and the Judge from blood-guiltinesse: Herein therefore they advise the Judge to use some se­cret meanes to stop the accusation, [Page 122] or indictmenr; (a course that might be as prejudiciall to justice, as a false sentence) to sift the witnesses apart, as in Susanna's case, and by many subtile interrogations of the circum­stances to finde their variance or con­tradiction. If that prevaile not, Ca­jetan goes so farre, as to determine it meet (which how it might stand with their law, he knowes, with ours it would not) that the Judge should be fore all the people give his oath, that hee knowes the party guiltlesse; as whom he himselfe saw at that very houre in a place far distant from that, wherein the fact is pretended to bee done: Yea^* Dominicus à Soto could be content (if it might be done with­out scandall) that the prisoner might secretly be suffered to slip out of the gaole, and save himselfe by flight. Others think it the best way, that the Judge should put off the cause to a su­periour [Page 123] Bench; and that himselfe should (laying aside his scarlet) come to the Bar, and as a witnesse 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 passe the sen­tence on his own Bench, that he ought to lay downe 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 faire and lawfull indeavours to ju­stifie the innoncent, and to avoid the sentence, I should most willingly yeild to this last resolution: Yea, ra­ther my selfe to undergoe the sen­tence of death, than to pronounce it on the knowne-guiltlesse; hating the poore pusillanimity of Dominicus à [Page 124] Soto ^*, that passes a nimis creditu ri­gidum, upon so just a determination; and is so weakly tender of the Judges indempnity, that he will by no means heare of his wilfull deserting of his office on so capitall an occasion.

In the main cause of life and death, I cannot but allow and commend the judgement of Leonardus Lessius; but when the question is of matters civill, or lesse criminall,^† I cannot but won­der at his flying off; in these where in the businesse is but pecuniary, or banishment, or losse of an office, he holds it lawfull for the Judge, (after he hath used all meanes to discover the falsenesse of the proofes, and to hinder the proceedings, if thus hee prevailes not) to passe sentence upon those allegations and probations, which himselfe knowes to be unjust.

[Page 125] The reasons pretended are as poor as the opinion;^* For, saith hee, the Common-wealth 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 publique good; and here there appeares just cause so to doe, lest the forme of publique judge­ments should be perverted, not with­out great scandall to the people; nei­ther is there any way possible to help this particular mans inconvenience and losse; therefore the Common-wealth may ordaine that in such a case the Judge should follow the publique forme of Judicature, though hereby it falleth out that a guiltlesse man is undone in his fortunes; and yet his cause knowne to be good by him that condemnes it. Thus he.

But what a loose point is this? [Page 126] why hath not a man as true propriety in his estate as his life? or what au­thority hath the Common-wealth, causelesly to take away a mans sub­stance or inheritance (being that he is the rightfull owner) more than a piece of himselfe? When his patrimony is setled upon him, and his in a due course of law and undoubted right of possession, what just power can claime any such interest in it, as without any ground of offence to dispossess him? Or what necessity is there that the forme of publique judgements should be perverted, unlesse an honest defen­dant must be undone by false sen­tence? Or rather is not the forme of publique 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 prevailes?

[Page 127] That therefore, which in the se­cond place he alledgeth, that the Sub­ject can have no reason to complaine of the Judge, for as much as it is out of his power to remedy the case, and to passe other sentence than is chalk­ed forth by the rule of Law; might as well be alledged against him in the plea of life and death, wherein he will by no meanes allow the Judge this liberty of an undue commendation; 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 prodigall in matter of live­lyhood.

As for this third reason, that the mis-judgement in case of a pecuniary damage or banishment, may be after­wards capable of being reversed, and upon a new Traverse the cause may be fercht about at further leisure; whereas death once inflicted is past all power of revocation; It may well [Page 128] inferre that therefore there should bee so much more deliberation, and care had in passing sentence upon capitall matters, than civill, by how much life is more prcious, and irrevocable, than our worldly substance; but it can never inferre that injustice should bee tolerable in the one, not in the other. Justice had wont to be painted blind-fold, with a paire 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 passe a doome formally legall, 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 heale him againe.

Shortly therefore, whether it be in [Page 129] causes criminall, or civill, 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, insomuch as it is the style of the Devill himselfe to be accusator fratrum, an accuser of the brethren: Yet not of his owne brethren in evill; It was never heard that one evill spi­rit accused another; but of our bre­thren, [Page 130] Revelat. 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 wickednes 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 superiour. Voluntary is either such as you are moved unto by the Conscience of some hainous 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 tyed by some former engagemeut of vow, or oath: In the former kinde; [Page 131] a worthy Divine in our time travai­ling on the way, sees a leud man com­mitting abominable filthinesse with a beast; the sinne was so foule and hate­full, that his heart would not suffer him to conceale it; hee therefore ha­stens to the next Justice, accuses the offender of that so unnaturall villany; the party is committed, endicted, 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 bloudy villaine hath plotted a treason against the sacred person of your Soveraigne, or a mur­ther of your honest neighbour; which hee resolves to execute; should you keep this fire in your bosome, 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.

[Page 132] 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 main­taine and defend his Majesty's royall Person, State, Dignity; and to make knowne those that wilfully impugne 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 bee involved in a treason, lined with per­jury?

These are accusations which your conscience will fetch from you, un­asked? But if being called before lawfull authority, you shall be requi­red upon oath, to testifie your know­ledge even concerning offenders, of an inferiour nature; you may not de­tract your witnesse, though it amount to no lesse than an Accusation. Yet there are cases, wherein a Testimony thus required, tending to an accusa­tion, [Page 133] may be refused; As in case of duty, and nearenesse of naturall, or civill 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 counsaile, and comfort from you; you ought rather to endure your soule to be fetcht out of your body, than that seeret to bee 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 publique fame, or any lawfull ground of injury, which therefore the Judge hath no power to ask; In these cases, if no more, the re­fusall of an accusation, though requi­red, is no other than justifiable.

[Page 134] But where neither the conscience of the horridnesse of a crime done; nor prevention of a crime intended, nor duty of obedience to a lawfull autho­rity, nor the bond of an inviolable pre-ingagement, call you to the Bar; It is not a more uncharitable, than thanklesse office to bee an accuser: Hence it is that Delators, and Infor­mers, have in all happy and well-go­verned States, been ever held an infa­mous and odious kinde of Cattell. A Tiberius, and a Domitian, might give both countenance and reward to them, as being meet factors for their tyranny, but a Vespasian, and Titus, and Antonius Pius, and Macrinus, or what ever other Princes carryed a tender care to the peace and welfare of their Subjects, whipt them in the publique Amphitheater, and abando­ned them out of their dominions, as pernicious, and intolerable. And as these mercenary Flies, whether of [Page 135] State, or of Religion, are justly hate­full, next to the publique executio­ners; so certainly, those busie spirited­men, which out of the itching humour of medling, run from house to house, with tales of private detraction, may well challenge the next roome in our detestation. This together with the other, is that which God so strictly forbids in his Law, Levit. 19. 16. Thou shalt not goe up and downe as a Tale­bearer amongst thy people, neither shalt thou stand against the bloud 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, cryes downe with much feeling bitternesse; Prov. 18. 8. The words of the Tale bearer are as wounds, and they goe downe into the innermost parts of the belly: No lesse than five severall times in his divine ^* Proverbs, inveighing sharply (as if [Page 136] himselfe had been stung in this kinde) against these close back-biting calum­niations.

Shorlty then, accuse when you are forced, either by the foulenesse 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 deniall, and plead Not guilty.

THe Casuists vary; and out of re­spect to their owne Lawes, are much perplexed in their resolutions: making the great scruple to be in the Juridicall interrogations, (which if the Judge have not proceeded in the due forme of Law required in such [Page 137] cases) may warrant the offenders de­niall; and secondly, making diffe­rence of the quality of the offence, and danger of the punishment; which if no lesse than capitall, may (say they^*) give just ground to the ac­cused party, either to conceale the truth, or to answer with such am­phibolies, and equivocations, as may serve to his owne preservation; in which course, naturall equity will beare him out, which allowes every man to stand upon his owne defence: And the case I perceive is aggravated in forraigne parts, as by the Rack, so by an Oath administred to the per­son accused (which they call^† Jura­mentum calumniae) which Lessius just­ly calls a spirituall torture, by the vertue whereof, hee solemnely urged, not to deny what hee knowes, or be­lieves to be true, concerning the bu­sinesse [Page 138] questioned; A practise, which I cannot blame^* Lessius, if he pro­fesse to wish that the Pope, and all secular Princes, would joyne 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 knowne truth, and to averre a willfull lye, cannot be other than a sin.
• 2. There is a vast difference be­twixt concealing a truth and denying it.
• 3. It may be sometimes lawfull to conceale some Truths, though ne­ver lawfull to deny or contradict them.
• 4. No man can be bound directly to accuse himselfe,
• 5. It is consonant to naturall equi­ty, [Page 139] that a man for the saving of his life should use the helpe of all evasions that are not sinfull.
• 6. It cannot be sinfull to put him­selfe upon a legall triall in a case im­porting his life.
• 7. There is no place for a legall tri­all, where there is an absolute confes­sion of guiltinesse.

These positions being pre-required; I say, that it is lawfull for the priso­ner, though convinced in his consci­ence of the fact, yet to plead Not guilty to the Indictment at the Barre: for as much as he doth therein, accor­ding to the sense both of the Judge, and Jury, onely hide and keepe back that Truth; the finding out, and evi­ction whereof, lyes upon their further search and proofe, so as he doth, in pleading Not guilty, in effect as good as say, What ever I finde in my selfe, I have no reason to confesse my guil­tinesse; I stand upon my lawfull de­fence, [Page 140] and cast my selfe upon my just tryall; Yielding my selfe onely so far guilty, as your evidence and proofes can make me: let Justice passe upon me, I have no reason to draw on my owne condemnation: The plea thus construed is lawfull, and just; where­in not the shuffling equivocations of the offendor, but the upright verdict of a legall Jury must carry the cause: to which purpose, that which sounds as a deniall in the accused, is nothing else but a professed referring himselfe to a juridicall triall of that fact, which he is not bound to confesse.

But when the hand of God hath once found out the man in his sin; and he finds himselfe legally convinced of his crime; it greatly behoves him (as Joshuah charged Achan after the lot had discovered his sin) to give glory to God, in a free and full confession of his wickednesse, and to be more open and ingenuous in his acknow­ledgement, [Page 141] 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 poore satisfaction to that Society of men, whom hee hath scandalized by his crime. In which regard I can­not but marvell at the strange deter­mination of learned^* Azpilcueta, the Oracle of Confessaries, who teaches, that the prisoner, who being rightly interrogated by the Judge, stood stiffly in deniall of the fact, and is up­on his Condemnation (carried to his execution, is not bound at his death to confesse 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 allowes the smo­thering of truthes, and the strangling of just satisfaction to those who are [Page 142] concerned, as patience, in the offence; and lastly, highly injurious to pub­lique Justice; whose righteous sen­tence is by this meanes left questio­nable, and obnoxious to unjust cen­sure.

How much more requisite were it that a publique confession should, in this case, save the labour of a private, whereby certainly, the soule of the of­fender would be more sensibly unloa­ded, justice better vindicated, more glory would accrew to God; and to men more satisfaction.

But however it be lawfull for the accused to stand upon these points of legality in the proceedings against him: yet for my owne part; should I be so farre given over, as to have my hand in bloud; and thereupon be arraigned at the barre of publique Justice; I should out of just remorse be the first man that should rise up a­gainst my selfe and (which in other [Page 143] mens cases were utterly unlawfull) be my owne Accuser, Witnesse, and Judge: and this disposition I should rather commend in those, whose con­science hath inwardly convicted them for haynously criminous: that since they had not the grace to resist so fla­gitious a wickednesse; they may yet endeavour to expiate it, before men, with an ingenuous confession: as be­fore God, with a deepe and serious repentance.

CASE IX.
Whether, and how farre a man may take up armes in the publique quarrell of a war.

WArre is no other than a neces­sary evill, necessary in relation to peace: onely, as that without which so great a blessing cannot bee had: As the wise Woman said to [Page 144] 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 needfull, if you ask how farre it is lawfull to ingage; I must aske you, (ere I can returne answer) first of the justice of the quarrell: for surely where the warre is knowne to be unjust, the willing abettors of it cannot wash their hands from blood: To make a warre just (as our Casuists rightly) there must bee a lawfull au­thority to raise it; a just ground whereon to raise it; due formes and conditions in the raising, managing, and cessation of it: That no authori­ty lesse than supreame can wage a warre, it is cleare in nature; for that none other besides it can have power [Page 145] of life and death; which both must lye at the publique stake in warre.

That none but a just and weighty cause can be the ground of a warre, every mans reason apprehends; for how precious a blessing had that need to bee, that is held worth the purcha­sing with the price of so much bloud; and how heavy a curse must that needes bee, which can onely be reme­died, or prevented by so grievous a judgement as war?

That due termes and conditions are requisite to bee offered ere warre be undertaken; and observed in the managing and ceasing of it, huma­nity it self teacheth us; without which men should run upon one another with no lesse fury and disorder than 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, [Page 146] the warre 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 maine requisites must lie chiefly upon that Power, which is entrusted by the Almighty, with the over-ruling of publique affaires: For the Subject, as he is bound to an implicite reliance upon the command of the supreame power; so (unlesse it be in a case no­toriously apparent to be unjust) must yeild a blind-fold 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 him, against God; I cannot blame fight, if with Sauls footmen (when they were commanded to fall upon the Priests of the Lord) he withhold [Page 147] his hand, and craving pardon, shew lesse readinesse to act, than to suffer.

In the second place, I must aske you with what intentions you ad­dresse your selfe to the field; if it be out of the conscience of maintaining a just cause, if out of a loyall obedi­ence to lawfull authority: I shall bid you go on, and prosper: but if either malice to the parties opposed, and therein desire of revenge, or a base covetousnesse of pay, or hope and desire of plunder have put you into armes; repent and withdraw: For what can be more sordid or cruell, than to be hired for dayes-wages to shed innocent blood? Or what can bee more horribly mischievous for a Man, than to kill, that hee may steale?

Upon your answer to these questi­ons it will be easie for mee to returne mine; In a just quarrell, being there­to lawfully called, you may fight; [Page 148] 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 au­thorized hand may offend in striking; Magistrates themselves, if there be revenge in their executions, doe no other than murder: Far be it from you to take pleasure in bloud; and to enjoy another mans destruction: If (especially in those warres that are in­testine) you shall mingle your teares with the blood, which you are forced to spill, it may well become Christian fortitude.

Shortly; doe you enter into your armes, imprest, or voluntary? If the former, you have nothing but your owne heart to looke 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 [Page 149] points, of the power, of the cause, of your intentions: as well conside­ring that in a warre it is no lesse im­possible that both sides should be in the right, than that in a contradiction both parts should be true: Here there­fore your will makes it selfe the Judg of all three; and (if any of them faile) leaves you answerable for all miscar­riages; so as you had need to be care­fully inquisitive, in this case, upon what grounds you goe; that so (what­soever may befall) a good consci­ence may beare you out in the grea­test difficulties, and saddest events that are wont to attend upon warre.

CASE X.
Whether and how farre a man may act towards his own Death.

DIrectly to intend or endeavour that, which may worke his owne death, is abominably wicked, and no lesse than the worst murder.

For if a man may not kill another, much lesse himselfe; by how much he is nearer to himselfe than to ano­ther: and certainely if we must regu­late our love to another by that to our selves, it must follow that love to our selves must take up the first roome in our hearts: and that love cannot but be accompanied with a detestation of any thing that may bee harmefull to our selves. Doubtlesse, many that can be cruell to another, are favourable enough to themselves; but never man that could be cruell to himself would be sparing to another's blood.

[Page 151] To will or attempt this is highly injurious to that God, whose we one­ly are; who hath committed our life as a most precious thing to our trust, for his use, more than our owne; and will require from us an account of our managing of it, and our parting from it. It is a foule misprision in those men, that make account of themselves as their owne, and there­fore that they are the absolute Lords of their life: Did they give them­selves their owne being? had they nothing but meere 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 steale 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 [Page 152] them. Secondly, most desperately injurious to our selves, as incurring thereby a certaine damnation (for ought appeares to lookers on) for e­ver, of those soules which have wil­fully broken Gods more easie, and temporary prison, to put themselves upon the direfull prison of Satan to all eternity.

Nature it selfe, though not enligh­tened with the knowledge, of the estate of another world, found cause to abhor this practice: However the Stoicall Philosophers, and some high Roman spirits following their do­ctrine, have beene liberall 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 Grecian Common-wealth, when their Virgins (out of a [Page 153] peevish discontentment) were growne into a selfe-killing humour, that the bodies of such offenders should bee dragged naked though 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 foule an act. Well was it turned off by Antisthenes of old, when in the extremity of his paine he cried out, Oh who will free me from this torment! and Diognes reached him a poynard, wherewith to dis­patch himselfe: Nay, said hee, I said, from my torment, not from my life: as well knowing it neither safe, nor easie, to part with our selves upon such termes.

Farre, farre be it from us to put in­to this ranke and file those worthy Martyrs, which in the fervour of their holy zeale have put themselves for­ward to martyrdome; and have cou­rageously [Page 154] prevented the lust and fury of Tyrants, to keep their chastity, and faith inviolable. I looke upon these as more fit objects of wonder, than either of censure, or imitation. For these (whom wee may well match with Sampson, and Eleazar) what Gods spirit wrought in them, hee knowes that gave it; Rules are they by which we live, not examples.

Secondly, However wee may not by any meanes directly act to the cut­ting off the thred of life; yet I cannot but yeild with learned^* Lessius, that there may fall out cases, wherein a man may (upon just cause) doe, or forbeare something whereupon death may indirectly ensue: Indirectly, I say, not with an intention of such issue: for it is not an universall charge of God, that no man should upon a­ny occasion expose his life to a pro­bable danger; if so, there would be [Page 155] no warre, no traffique; but onely that he should not causelesly hazard him­selfe; nor with a resolution of wilfull miscarriage.

To those instances hee gives of a souldier that must keep his station, though it cost him life: of a prisoner that may forbeare to flee out of pri­son, though the doores be open: of a man condemn'd to dye by hunger, in whose power it is to refuse a suste­nance offered: of a man that latches the weapon in his owne body to save his Prince: or of a friend, who when but one loafe is left to preserve the life of two, refraines from his part and dyes first: or that suffers another to take that planke in a shipwrack, which himselfe might have prepos­sessed, as trusting to the oares of his armes: or that puts himselfe into an infected house out of meer charity to tend the sick, though hee know the contagion deadly; or in a Sea-fight [Page 156] blows up the deck with gun-powder, not without his own danger; or when the house is on fire, casts himselfe out at the window with an extreame ha­zard: To these, I say, may be added many more; as the cutting off a limb to stop the course of a Gangreene; to make an adventure of a dangerous in­cision in the body, to draw forth the stone in the bladde; the taking of a large dose of opiate pills, to ease a mortall extremity; or lastly, when a man is already seized on by death, the receiving of some such powerfull me­dicine, as may facilitate his passage (the defect of which care and art, the eminently-learned Lord^* Verulam justly complaines of in Physitians:) In these, and the like cases, a man may lawfully doe these things which may tend, in the event to his owne death, though without an intention of procuring it.

[Page 157] And unto this head must bee refer­red those infinite examples of deadly sufferings for good causes, willingly embraced for conscience sake. The seven Brethren in the Maccabees, (al­luded to by St. Paul to his Hebrewes, Heb. 11. 35.) will and must rather en­dure the butchering of their owne flesh, than the eating of Swines flesh, in a willing affront of their Law: Da­niel will rather dye than not pray. Shadrach, Meshach, and Abednego, will rather fall downe bound into the fiery Fornace seven-fold heated, than fall down before the golden Image.

And every right-disposed Christi­an will rather welcome death than yeild to a willing act of Idolatry, Re­bellion, Witchcraft: If hereupon death follow by the infliction of others, they are sinfull agents, hee is an innocent sufferer.

As for that scruple among our Ca­suists, whether a man condemned to [Page 158] dye by poyson, may take the deadly draught that is brought him; it is such, as wise Socrates never made of old, when the Athenians tendred him his hemlock; and indeede it may as well be disputed, whether a man condemned to dye by the Axe, may quietly lay downe his head upon the Block; and not, but upon force, yeild to that fatall stroke. A juster scruple is, whether a man condemned to a certaine and painefull death, which hee cannot possibly eschew; may make choice rather of a more easie passage out of the world; where­in I marvell at the indulgence of some Doctors, that would either ex­cuse, or mince the matter. For al­though I cannot blame that naturall disposition in any creature, to shrinke from pain, and to affect (what it may) the shifting from extremity of mise­rie: yet for a Christian so to doe it, as to draw a greater mischief to him­selfe, [Page 159] and an apparent danger to his soule, it cannot justly beare any other than a hard construction. For thus to carve himselfe of Justice, is mani­festly to violate lawfull 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 doome of death is passed, a man can give himselfe ease, or speed of dissolu­tion (as when a Martyr being adjudg'd to the fire, use the helpe of a bagge of Gun-powder, to expedite his passage) it cannot be any way judged unlaw­full: 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?

CASE I.
Whether upon the appearance of Evill Spirits wee may hold discourse with them; and how we may demean our selves concerning them.

THat there are evill spirits, is no less certaine than that there are men: None but a Sadduce, or an Atheist can make question of it.

That evill spirits have given cer­taine [Page 162] proofes of their presence with men, both in visible apparitions, and in the possessions of places, and bo­dies, is no lesse manifest, than that we have soules, whereby they are di­scerned.

Their appearances are not wont to be without grievous inconveniences; whether in respect of our dreadful­nesse, or their dangerous insinua­tions.

It is the great mercy of the God of Spirits, that hee hath bound up the evill Angels in the chaines of darke­nesse, restraining them from those frequent, and horrible appearances which they would otherwise make to the terrour, and consternation of his weak creatures.

Whensoever it pleaseth the Al­mighty, for his owne holy purposes, so farre to loosen, or lengthen the chaines of wicked spirits, as to suffer them to exhibit themselves in some [Page 163] assumed shapes unto men, it cannot but mainly import us to know, what our deportment should be concerning them. Doubtlesse to hold any faire termes of commerce, or peace (much more of amity and familiarity) with them, were no better than to professe our selves enemies to God; for such an irreconcileable hostility there is betwixt the holy God, and these ma­lignant spirits, that there can bee no place for a neutrality in our relation to them: so as hee is an absolute ene­mie to the one, that bids not open defiance to the other.

As therefore wee are wont by our silence to signifie our heart-burning against any person (in that we abide not to speake unto those whom wee hate,) so must wee carry our selves towards evill spirits: And if they beginne with us, as that Devill did in in the Serpent with Eve; how unsafe and deadly it may bee to hold that [Page 164] with them, appeares in that first ex­ample of their onset; the issue where­of brought misery, and mortality up­on all mankinde; yet then, were our first parents in their innocency, and all earthly perfection: wee now so tainted with sinne, that Satan hath a kinde of party in us, even before his actuall temptations.

As therefore wee are wont to say that the fort that yeilds to parley is halfe won; so may it prove with us, if we shall give way to hold discourse with wicked spirits; who are farre too crafty for us to deale withall: having so evident an advantage of us, both in nature (we being flesh and blood, they spirituall wickednesse) and in dura­tion, and experience, we being but of yesterday, they coetaneous with the world and time it selfe.

If you tell mee that our Saviour himselfe interchanged some speeches with the spirits whom he ejected; it [Page 165] 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 marvell at the boldnesse of those men, who pro­fessing no small degree of holinesse, have dared to hold familiar talk with evill spirits, and could be content to make use of them for intelligence; as the famous Jesuite, in our time, Pere Cotton; who having provided 50. questions to be propounded to a De­moniack (some concerning matters of learning, some other matters of State, concerning the then French King and the King of England) and having them written down under his owne hand to that purpose; being questioned concerningit, answered, that hee had licence from Rome to tender those demands: as I received it upon certaine relation from the [Page 166] learned Dr. Tilenus with many pre­gnant and undeniable circumstances, which I need not here expresse. Al­though this need not seeme strange to me, when I finde that^* Navarre de­termines plainly, that when evill spi­rits are present (not by our invocati­on) as in possessed bodies, it is lawfull to move questions to them, (so it be without our paayers 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^† Lessius goes so far as to say, Licitum est pe­tere verbo à Diabolo ut nocere desinat, &c. It is lawfull to move the Devill 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 confesse past the ca­pacity [Page 167] of my apprehension; who have not the wit to conceive how a man can move without implying a kinde of suite; and how any suite can consist with an indignation.

It savours yet of a more heroicall spirit, which the Church of Rome pro­fesseth to teach and practice, the eje­ction of evill 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, than really exercised: In­deed, this over-ruling authority was eminently conspicuous, not onely in the selected twelve, and the seventy Disciples of Christ, who returned from their Embassie 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 [Page 168] out upon men; but if they will be still challenging the same power; why doe they not as well lay claime to the speaking of strange tongues? (Mar. 16. 17. 18) to the super-naturall cure of all diseases? to the treading on serpents and scorpions? to the drink­ing of poysons without an Antidote? and if they must needs acknowledge these faculties above their reach, why doe they presume to divide the Spi­rit from it selfe; arrogating to them­selves the power of the greatest workes, whiles they are professedly defective in the least? wherein surely, as they are the true successors of the sonnes of Sceva, Act. 19. r3, 14, 15, 16. who would be adjuring of Devils by the name of Jesus, whom S. Paul preached, so they can looke for no other intertainment than they found from those Demoniacks, which was to be baffled, and beaten, and woun­ded.

[Page 169] Especially, if we consider the foule superstition, and grosse magick, which they make use of in their Conjurati­ons; by their owne vainely-devised Exorcismes, feoffing a supernaturall vertue upon drugges, and herbes, for the dispelling, and staving off all evill spirits; Because the bookes are not perhaps obvious, take but a taste in one, or two:^* In the treasure of Exorcismes, 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^†. I conjure thee ô thou creature of Rue, by the holy Lord, the Father, the Al­mighty and Eternall God, which bringeth forth grasse in the moun­taines, [Page 170] and herbes for the use of man: And which by the Apostle of thy Sonne our Lord Jesus Christ, hast taught, That the weake should eat Herbes: I conjure thee that thou bee blessed, and sanctifyed to retaine th [...]s invisible power and vertue, that who­soever shall carry thee about him, or shall smell to thee, may be free from all the uncleannesse of Diabolicall in­fatuation; and that all Devills, and all Witchcrafts may speedily fall from him, as herbes or grasse 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 seedes of Hypericon or St. Johns wort.

^* Adde to this, the horrible fumi­gation to this purpose as it followes. I conjure thee O thou Creature of [Page 171] Galbanum, Sulphur, Assa foetida, Ari­stolochium, Hypericon and Rue, by the† living God, by the† true God, &c. by Jesus Christ, &c. that thou be for our defence; and that thou be made a perpetuall fumigation, exor­cised,† blessed, and consecrated to the safety of us, and of all faithfull Christians, and that thou be a per­petuall 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 in­fernall spirits there, &c.^*

But what doe I trouble you with these dreadfull incantations, whereof the allowed bookes of Conjuration are full? To these I may adde their application of holy water, (wherein they place not a little confidence) which (saith Lessius) receives the force from the prayers of the Church, by the meanes whereof it comes to [Page 172] passe, that it is assisted with divine power; which (as it were) rests upon it, and joynes with it, to the aver­ting of all the infestations of the De­vill: But faine would I learne 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 with out faith? and what is their faith without a word? But I leave these men (together with their Crosses, and Ceremonies, and holy reliques, 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 evill spirits, we cannot desire a better patterne than S. Paul; his example is our all-sufficient in­struction, 2 Cor. 12. 7, 8. who when the messenger of Satan was sent to [Page 173] buffet him, fell presently to his pray­ers; and instantly besought God thrice, that it might depart from him. Lo he that could command e­vill spirits out of the bodily possession of others; when it comes to his own turne to be buffeted by them, betakes himselfe to his prayers to that God, whose grace was sufficient for him: Verse 9. To them must we still have our recourse; if wee thus resist the Devil he shall flee from us: Iam. 4. 7. In the Primitive times, those that could command, needed not to sue: & 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 gard us from them, but to the great God of heaven, [Page 174] who commands them to their chains: This is a sure and everlasting remedy, this is the onely certaine way to their foile, and our deliverance, and victory.

CASE II.
How farre a secret pact with evill 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 kinde drawne 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 wofull conditions [Page 175] and direfull ceremonies, enter into a mutuall covenant with evill spirits: The other, secret and indirect, where in nothing is seen, or heard, or known to be agreed upon; onely by a close implication, that is suggested and yeil­ded to be done, which is invisibly se­conded by diabolicall operation.

The second ground is, that what­soever hath not a cause in nature ac­cording to Gods ordinary way must be wrought either by good or evill spirits: That it cannot bee supposed that good Angels should bee at the command of ignorant, or vicious persons, of either sexe, to concurre with them in superstitious acts, done by meanes altogether in themselves ineffectable and unwarrantable: and therefore that the Devill hath an un­seene hand in these effects, which hee marvailously brings about, for the winning of credit with the world, and for the obliging and engaging of his [Page 176] owne Clients: of this kinde there is too lamentably much variety in com­mon experience: Take an handfull, if you please, out of a full sack: let the first be, that authentick charme of the Gospell of St. John allowed in the parts of the Romish correspon­dence, wherein the first verses of that Divine Gospell are singled out, printed in a small roundell, and sold to the credulous ignorants, with this fond warrant, that whosoever carries it about him shall be free from the dangers of the dayes mis-happes: The booke and the key, the sive and the sheeres for the discovery of the Thiefe; The notching of a stick with the number of the warts which wee 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 moon-shine for that purpose: words, and characters, of no signifi­cation, [Page 177] or ordinary forme, for the curing of diseases in man, or beast, more than too many whereof we find in Cornelius Agrippa, and Paracel­sus.

Formes of words and figures for the stanching of blood, for the pul­ling out of thornes, for easing paine, for remedying the biting of a mad dog.

Amulets made up of Reliques, with certaine letters and crosses, to make him that weares them invulne­rable,

Whistling for a winde wherewith to winnow; as it is done in some igno­rant parts of the west.

The use of an holed flint, hanged up on the rack, or beds head, for the prevention of the night-mare in man, or beast.

The judging by the letters of the names of men or women, of their for­tunes, as they call them, accor­ding [Page 178] to the serious fopperies of Ar­candam.

The seventh Sonne's laying on of hands for the healing of diseases; The putting of a verse out of the Psalmes into the vessell to keep the wine from sowring; The repeating of a verse out of Virgil to preserve a man from drunkennesse all that day following, Images astronomically framed under certaine constellations 1 to preserve from severall inconveniences, as un­der the signe of the Lion the figure of a Lion made in gold, against melan­cholick fancies, dropsie, plague, fevers: which Lessius might well marvell how Cajetan could offer to defend; when all the world knowes how little proportion and correspondence there is betwixt those imaginary signes in Heaven, and these reall creatures on Earth.

Judiciary Astrology, as it is com­monly practised, whether for the [Page 179] casting of nativities, prediction of voluntary, or civill events, or the discovery of things stolne or lost: for, as the naturall Astrology, when it keeps it selfe within its due bounds is lawfull, and commendable, (al­though not without much uncertain­ty of issue;) so that other Calcula­tory, or figure casting Astrology is presumptuous and unwarrantable; cryed ever downe by Councells and Fathers, as unlawfull; as that which lies in the mid-way betwixt magick, 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 beene) doubtlesse there can be nothing of nature, sith in all naturall agences, there must necessarily be a contraction either reall, or virtuall; here in such an intervall, none can [Page 180] bee: neither can the efficacy bee 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 successe from the hand of an invisible Physi­tian.

Calming of tempests, and driving away devills 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 kinde, wherewith Satan beguiles the simple upon these two mis-grounded principles; 1. That in all experience they have found such effects follow­ing upon the use and practise of such meanes; which indeed cannot be de­nyed: Charms and Spels common­ly are no lesse unfailing in their work­ing, than the best naturall remedies; doubtlesse, the Devill is a most skil­full [Page 181] Artist: and can do feats beyond all mortall powers; but God blesse us from imploying him: 2 King. 1. 3. Is it not because there is not a God in Israel that we goe to enquire of Baal-zebub 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 doe 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 sinne, but not excuse it: There are indeed, deep secrets in nature, whose bottome we cannot dive into, as those wonders of the load-stone; a piece outwardly [Page 182] contemptible, yet of such force as approacheth neare to a miracle: and many other strange sympathies and antipathies in severall creatures; in which ranke may be set the bleeding of the dead at the presence of the murtherer: and some acts done for the discovery of witchcraft both in this, and our neighbor kingdome; But withall, though there be secrets in nature which we know not how she works; yet we know there are works which are well knowne, that she can­not doe: 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 wis­dome of Christians to looke upon what grounds they goe: whiles they have God, and nature for their war­rant, they may walke safely; but where these leave them, the way [Page 183] leades downe to the Chambers of death,

CASE III.
Whether reserving my conscience to my self, I may be present at an Idolatrous devotion; or whether in the lawfull 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 unlawfull upon a double ground; of sinne, and of scan­dall: of sin, if you partake in the Ido­latry; of scandall, if you doe but seeme to partake: The scandall is three-fold; 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. [Page 184] 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 himselfe) with feastes; the ow­ners of the feast civilly invite the Neighbours (though Christians) to the banquets; The Tables are spread in their Temples; The Christian guests, out of a neighbourly society, goe, sit, eate with them: S. Paul cries downe the practice, as utterly unlaw­full: yet this was but in matter of meat; which sure was Gods, though sacrificed to an Idoll; how much more must it hold in rites and devices, meerely, either humane, or devi­lish?

I need not tell you of the Christian Souldiers in the Primitive Persecuti­on, who when they found themselves by an ignorant mistaking drawne, [Page 185] under a pretence of loyalty, into so much ceremony as might carry some semblance of an Idolatrous thurifica­tion, ranne about the City in an holy remorse, and proclaimes 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 graines of incense into the fire. The charge of the Apostle (1 Thes. 5. 22.) is full, and peremptory, that we should abstaine from every appea­rance of evill.

It is a poore plea that you mention of the example of Naaman. Alas, an ignorant Pagan! whose body if it were washed from his leprosie, yet his soule must needes be still foule: 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; [Page 186] and will therefore lade two Mules with Israelitish earth; and is now a professed convert: Yea, but he will still bow in the Temple of Rim­mon: But how will he bow? Civilly onely, not religiously; In the house of Rimmon, not to the Idoll; Not in relation to the false deity, but to the King his Master: you shall not take him going alone under that Idola­trous roofe, but according to his of­fice, in attendance of his Soveraigne: nor bowing there, but to support the arme that lean'd upon him: And if upon his returne home from his jour­ney he made that solemne 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 Israell, that hee will serve and adore none but the true God; and if you see him at any time kneeling in the Temple of your Idoll [Page 187] 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 royall Master; I see not but the Prophet might well bid him, Goe in Peace. How ever that ordina­ry and formall velediction to a Syri­an, can be no warrant for a Christians willing dissimulation.

It is fit for every honest man to seeme 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 looke that there be here with you none of the servants of the Lord, (2 King. 10. 23.) but the worshippers of Baal one­ly: surely had any of Gods Clients secretly shrouded himselfe amongst those Idolaters, his blood had beene upon his owne head: Briefly then, i [...] you have a minde to keepe your selfe [Page 188] in a safe condition for your soule, let me lay upon you the charge which Moses enforced upon the congregati­on of Israel in the case of Corah's in­surrection, Depart I pray you from the tents of these wicked men, and touch no­thing of theirs, lest ye be consumed in all their sins. Numb. 16. 26.

The latter I must answer affirma­tively: If the Ordinances be holy, why should you not take your part of them?

It is an unjust nicenesse to abridge your selfe of a blessing, for another mans unworthinesse: Doubtless, there ought to be a separation of the preci­ous from the vile; the neglect where­of is the great sinne of those, whom in duty it concernes to perform it; but where this is not accordingly done, shall I suffer for anothers offence? my owne sinnes may justly keepe me off from Gods Table; if another mans may doe so too, I appropriate [Page 189] the guilt of his sin to my own wrong: surely it argues but small appetite to these heavenly viandes, if you can be put off with a pretence of others faults: Judge of the spirituall repast by this earthly; were you throughly hungry, would you refraine from your meat because one of the guests hath a paire of foule hands? that may be a just eye-sore to you, but no rea­son why you should forbeare whole­some dishes: Carve you for your selfe, and looke to your owne tren­cher, he feedes for himselfe, not for you; sinne is the uncleannesse of the soule, that cleaves closer to it, than any outward nastinesse can to the skin; to feed thus foule then is doubt­lesse unwholesome, to himselfe, it can be no hurt to you. But you are ready to straine the comparison higher to your owne advantage: say, that one of the guests hath a plague-fore run­ning upon him, shall I then thinke it [Page 190] safe to sit at the Table with him? now sin is of a pestilent nature, sprea­ding its infection to others besides its owne subject; therefore it is meet we keepe aloofe from the danger of his contagion: True, there are sinnes of a contagious nature, apt to diffuse their venome to others, (as there are other some whose evill is intrinsecall to the owner) but these infect by way of evill counsails, or examples, or familiar conversation, not by way of a meere 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 abhorr them. Well did our Saviour know how deadly an infection had seised on the soule of Judas, yet he drives him not from his board, lest his sinne should taint the Disciples.

The spirit that writes to the seven Asian Churches (Rev. 2. 20, 21, 22.) [Page 191] saw and professed to see the horrible infection spread amongst the Thyatirians by the doctrine and wicked practises of their Jesebell, yet all that he enjoyns the godly party is to hold their own.

Have no fellowship, saith the Apo­stle with the unfruitfull works of dark­nesse, (Eph. 5. 11.) Loe he would not have us partake in evill: 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 joyn with those, that are truly conscionable, and carefully observant of their wayes, in the immediate services of our God: yet where there is neglect in the over­seers, and boldnesse in the intruders, and thereupon, Gods sacred Table is pestred with some unworthy Guests; it is not for you, upon this ground, [Page 192] to deprive your selfe of the benefit of Gods blessed Ordinances; notwith­standing all this unpleasing encom­brance you are welcome, and may be happy.

CASE IV.
Whether vowes bee not out of season now under the Gospel; of what things they may be made; how farre they oblige us; and whether and how far they may be capable of release.

IT is a wrongfull imputation that is cast upon us by the Roman Do­ctours, that we abandone all vowes under the Gospell: They well see that we allow and professe that com­mon vow (as Lessius termes it) in Baptisme; 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 [Page 193] proxies, there may seeme some im­propriety of the engagement as to their persons; but if the party Chri­stened be of mature age, the expresse vow is made absolutely by, and for himselfe. Besides this, we allow of the renovation of all those holy vowes, (relating to the first) which may binde us to a more strict obedi­ence to our God, yet more, though we doe not now allow the vowes of things in their nature indiffernt, to be parts of Gods worship, (as they were formerly under the law) yet we doe willingly approve of them, as good helps and furtherances to us, for the avoiding of such sinnes as we are obnoxious unto; and for the better forwarding of our holy obedi­ence.

Thus, the charge is of eternall use, Psal. 76. 11. Vow unto God and per­forme it: Not that we are bound to vow; that act is free and voluntary: [Page 194] but that when we have vowed, we are straitly bound to performance: It is with us for our vowes as it was with Ananias and Saphira for their substance. Whiles it remained (saith S. Peter) was it not thine own? (Acts 5. 4.) Hee 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 defalks from that which he engaged himselfe to bestow.

It mainly concernes us therefore to looke 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 triviall, or unlawfull, or impos­sible, or out of our power to per­forme; 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 doe, [Page 195] what is it other than to mock and a­buse that Sacred Majesty, which will not hold him guiltlesse that taketh his name in vaine? 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 doe: or of things indifferent in themselves, the refrain­ing, or doing whereof, may tend ei­ther to the restraint from sinne, or the furtherance of your holy obedience: As a man that findes his brains weak, and his inclination too strong to plea­sing liquor, bindes himselfe by a vow to drinke no wine save onely at Gods Table: or a man that findes himselfe apt to be miscarryed by his appetite, [Page 196] confines himselfe by his vow to one dish, or to one meale for the day: or a man that findes himself given to the pleasure of gaming, to the losse of his time, and the weakning of his estate, curbes himselfe by his vow never to play for money: or a man that findes his prayers weak, and his flesh rebelli­ous, vowes 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 doe good to an ill end, your thanke is lost, and danger of judge­ment incurred: as if you vow to give almes for vaine-glory, or osten­tation: or, if God shall prosper your usurious, or monopolizing project, you will build an hospitall; your vow is like to be so accepted, as the story tells us, the prayers were, of that bold Curtizan, who coming to the shrine [Page 197] of S. Thomas of^* Canterbury (as that traitour was stiled) devoutly beg'd, that through the intercession of that Saint, she might be graced with so winning a beauty, that might allure her paramours to a gainfull courting of so pleasing a Mistresse, when sud­dainly (as my author tells me) she was stricken blinde: and certainely, so it might well be; for if a supposed Saint were invoked, it was God that was highly provoked by the sinfull peti­tion of a shamelesse 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 owne wicked or unwarrantable purposes.

Since therefore our vowes must be for their matter (as Casuists well de­termine) De meliore bono, and for in­tentions, holy and directed onely to good; it plainly appeares that many [Page 198] idle purposes, promises, resolutions, are wont to passe with men for vows, which have no just claime to that holy title: One sayes he vowes never to be friends with such a one that hath highly abused him; another, that he will never come under the roofe of such an unkinde neighbour: one that he will drinke 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 weare suit but of such a co­lour; another that he will never cut his haire till such an event; These, and such like may be foolish, unjust, ridi­culous selfe engagements, but vowes they are not, neither therefore do bind the conscience, otherwise than as Sampsons cords, and withes, which he may break as a thred of tow, Iudg. 16. 9. 12.

But as for true vowes, certainly they are so binding, that you shall sin [Page 199] hainously in not performing them: It is not better than dishonesty to fail in what we have promised to men; but to disappoint God in our vowes, is no lesse than sacriledge: That of Solomons is weighty, Eccles. 5. 4, 5, 6. When thou vowest a vow unto God, de­ferre not to pay it, for he hath no plea­sure in fooles; pay that which thou hast vowed: Better it is that thou shouldst not vow, than 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 errour; wherefore should God be angry at thy vow, and destroy the worke of thine hands? If therefore a lawfull and just vow have passed your lips, you may not be false to God, and your selfe in not keeping it.

But if it shall so fall out, that there proves to be some maine inconveni­ence or impossibility in the fulfilling of this your solemne promise unto [Page 200] God, whether through the extreme prejudice of your health, and life, or the over-swaying difficulty of the times what is to be done; surely as under the law (Numb. 30. 3, 4, 5.) it was left in the power of the parent to over-rule the vow of the childe, so I doubt not but under the Gospel, it is left in the power of your spirituall fathers, to order, or dispense with the performance of those vowes, which you would, but cannot well fulfill: neither was it spoken in vaine, nor in matter of sins onely, which our Saviour in way of authorization, said to his Apostles and their successours, Whatsoever ye shall binde on earth, shall be bound in heaven, and whatsoever ye shall loose on earth shall be loosed in hea­ven. Mat. 18. 18 In this case therefore, I should advise you to make your ad­dresse to your spirituall pastor, and freely to lay open your condition be­fore him, and humbly to submit [Page 201] your selfe to his fatherly directions in that course, which shall be found best and sasest for your soule: Think it not safe in a businesse of so high nature to relye upon your owne judgment, and to carve out your own satisfaction; but regard carefully what God hath said of old, The priests lippes should keep knowledge: and they should seeke the law at his mouth: for he is the messenger of the Lord of hosts. Mal. 2. 7.

CASE V.
Whom may we justly hold an Heretick; and what is to be done in the case of Heresie?

THere is no one point wherein the Church of God hath suffered more, than in the mis-understanding of this question; How many thou­sand innocents, have in these latter [Page 202] ages of the Church perished in this unhappy quarrell? yea, how many famous Churches have beene most unjustly thunder-struck with direfull censures of Excommunication down to the pit of hell, upon pretence of this crime, which have bin lesse guilty than their Anathematizers? And even a­mongst our selves, how apt we are to brand one another with this hatefull mark where there is no true merit of such a reproach?

It much imports us therefore to know who may be deservedly thus stigmatized by us: I have elsewhere somewhat largely insisted on this theme; whither I might spare some lines to referre you; But, in short, thus: To let passe the originall sense, and divers acceptions of the word, An heresie is no other than an obsti­nate errour against the foundation; All truths are precious, but some withall necessary; All errours are [Page 203] faulty, but some damnable; the nay­nousnesse of the error is according to the worth of the truth impugned; There are Theologicall verities fit for us to know and believe; there are Articles of Christian faith needfull to be known and believed; There are truths of meet and decent super­structure, without which the fabrick may stand; there are truths of the foundation so essentiall, as that with­out them it cannot stand: It is a maime to the house if but a tile be pul­led off from the roofe, but if the foun­dation be razed, the building is over­thrown: this is the endeavour and act of heresie.

But now the next question will be, what doctrines they are which must be accounted to be of the Founda­tion; Our countrey-man Fisher the Jesuite, and his Associates wil tell you roundly, that all those things, which are defined by the Church to be belie­ved, [Page 204] are^* fundamentall: A large ground-work of faith: Doubtlesse the Church hath defined all things contained in the scripture, to be be­lieved; and theirs (which they call Catholick) hath defined all those Traditionall 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 fabrick doe they make of Christian Religion; all foundation, no walls, no roofe? Surely it can­not, without too much absurdity, be denied, that there is great difference of Truthes, some more important than others; which could not be, if all were alike fundamentall: If there were not some speciall Truthes, the beliefe whereof makes, and distin­guisheth a Christian, the Authors of the Creede Apostolick (besides the [Page 205] other Symboles received anciently by the Church) were much deceived in their aime: He therefore that be­lieves the holy Scriptures (which must be a principle presupposed) to be inspired by God; and as an ab­stract of the chiefe particulars there­of, professeth to believe and embrace the Articles of the Christian faith, to regulate his life by the law of Gods commandements, and his devotion by the rule of Christ prescribed; and lastly to acknowledge and receive the Sacraments expresly instituted by Christ; doubtlesse this man is by pro­fession a Christian, and cannot be de­nyed to hold the foundation; and whosoever shall wilfully impugne any of these, comes within the verge of Heresie: wilfully, I say, for meere error makes not an heretick; if out of simplicity, or grosse ignorance, a man shall take upon him to maintaine a contradiction to a point of faith, be­ing [Page 206] ready to relent upon better light, he may not be thus branded: evicti­on and contumacy must improve his error to be hereticall. The Church of Rome therefore hath beene too cru­elly-liberall of her censures this way, having bestow'd this livery upon ma­ny thousand Christians whom God hath owned for his Saints: and upon some Churches more Orthodoxe than her selfe, presuming upon a power (which was never granted her from heaven) to state new articles of faith, and to excommunicate and barre 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 baptisme; (Ephes. 4. 5.) and what faith is that? S. Jude tells us: Iude 3. The faith that was once delivered the Saints; so that as well may they make more reiterati­ons of Baptisme, and multiplicities [Page 207] 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 errours, but such, as must have their grounds from fore-written 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 binde farther than God hath rea­ched them.

Hereticks then they are, and onely 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 bidde him God speede; But the Apostle of the Gentiles goes [Page 208] yet higher; sor writing to Titus the great Super-intendent of Crete, his charge is, Tit. 3. 10. A man that is an Heretick, after the first and second admonition reject.

Now, when wee compare the charge with the person, we cannot but finde that this rejection, is not a meer 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 sayes then, Devita, reject or avoid, not (as Erasmus too truly, but bitterly scoffes the Romish practise) De vita tolle: This of killing the heretick, as it was out of the power of a spirituall supervisor, so was it no lesse farre from the thoughts of him that desi­red to come in the spirit of meekness: Fagots were never ordained by the Apostle for arguments to confute Hereticks; this bloudy Logick and [Page 209] Divinity was of a much later brood, and is for a Dominick, not a Paul to owne: for certainely faith is of the same nature with love, it cannot be compelled, perswasions may move it, not force: These intellectuall sinnes must look for remedies of their owne kinde; 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 publique disturbances and dan­gerous distempers of the Kingdome, or State wherein they are broached, the Apostle's 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 concernes your selfe, if you [Page 210] know any such, as you love God, and your soules, keepe aloofe from them, as from the pestilence.^* Epiphanius well compares heresie to the biting of a mad dog, which as it is deadly, (if not speedily remedied) so it is with­all dangerously infectious, not the tooth onely, but the very foame of that envenomed beast carries death in it; you cannot be safe, if you avoid it not.

CASE VI.
Whether the lawes of men doe binde the Conscience, and how far we are tyed to their obedience.

BOth these extreames of opinion concerning this point, must needs bring much mischiefe upon Church and Kingdome: Those that abso­lutely hold such a power in humane lawes make themselves slaves to men: [Page 211] Those that deny any binding power in them, run loose into all licentious­nesse: 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: Humane laws cannot do the first of them; the latter they may, and must doe: To binde the conscience is to make it guilty of a sin in doing an act forbidden, or omitting an act injoy­ned as in it selfe such: or making that act in it selfe an acceptable ser­vice to God, which is commanded by men: Thus humane lawes cannot bind the conscience: It is God onely, 1 John 3. 21. who, as he is greater than the Conscience, so hath power to binde or loose it: Esay 31. 22. It is he that is the onely Law giver to the Conscience: Jam. 4. 12. Princes and Churches may make lawes for the outward man; but they can no more binde the heart, than they can [Page 212] make it; In vain is that power, which is not inabled with coertion, now what coertion can any humane power claim of the heart, which it can never attain to know? the spirit of man therefore is subject onely to the father of spirits, who onely 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 cryed out, Against thee onely have I sinned: Psal. 51. he knew that sinne is a trans­gression of the law, and that none but Gods law can make a sin: 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 uncharitablenesse: and who only can inflict the spirituall (which is the highest) revenge upon offenders. The charge of the great Doctor of the Gentiles to his Galatians, was [Page 213] Galat. 5. 1. Stand fast in the liberty wherewith Christ hath made us free, and be not intangled againe in the yoak of bondage. What yoak of bondage was this, but the law of Ceremonies? What liberty was this, but a free­dome 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 yoake of their bondage must be shaken off, as inconsistent with Christian liberty; how much less is it to be indured, that we should be the servants of men, in being tyed up to sin by their presumptuous impositi­ons?

The lawes of men therefore doe not, ought not, cannot bind your con­science, as of themselves; but, if they be just, they binde you in conscience to obedience: They are the words of the Apostle to his Romans, Rom. 13. 5. Wherefore ye must needes be sub­ject; [Page 214] not onely for wrath, but also for conscience sake. However then their particular constitution in themselves put no speciall obligation upon us, under paine of sinne, and damnation; yet in a generall 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 enjoyns you, God enjoyns 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 lawlesse persons, whose practises acknowledge no so­veraignty but titular, no obedience but arbitrary, to whom the strongest laws are as weapons to the Leviathan, who esteemes 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 [Page 215] than the highest, they could not without trembling heare that weighty charge of the great God of Heaven, Rom. 13. 1. Let every soule 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 your selves to every Ordinance of man for the Lords sake; and there­fore should be convinced in them­selves, of that awe, and duty, which they ow to Soveraignty, 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 beene wont to give to Popes, Emperours, Kings, and Princes in their severall juris­dictions, and a lawlesse neglect of lawfull authority: For the orthodox, wise, and just moderation whereof, these last ages are much indebted to [Page 216] the learned and judicious Chancel­lour of Paris ^*, John Gerson, who first so checked that over-flowing errour of the power of humane usur­pation (which carried the world be­fore it) as gave a just hint to succed­ing times, to draw that streame into the right channell, in so much as ^† Dominicus à Soto complaines great­ly of him, as, in this, little differing from the Lutheran heresie: But in the way which they call heresie, we worship the God of our Fathers, ren­dring unto Cesar the things that are Cesars, and unto God those things that are Gods; yeilding our bodyes to Cesar, Act. 24. 14. reserving our souls for God: tendring to just Lawes our active obedience, to unjust, pas­sive.

But in the meane time, farre be it [Page 217] from us to draw this knot of our obligation harder, & closer then au­thority it self intends it: What ever Popes may doe for their Decrees, certainly good Princes never meant to lay such weight upon all their lawes as to make every breach of them (even in relation to the autho­rity given them by God) to be sin­full.

Their lawes 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 withall: we have a world of sinnes (God knowes) upon us in our hourly transgressions of the royall lawes of our maker; but woe were us, if wee should have so many sins more, as we break statutes: In penall lawes, where scandall or contempt finde no [Page 218] place, humane 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 lawes, which doe therfore im­pose a mulct that they may not bee broken; and were highly injurious to soveraign authority, as if it sought for our money, not our obedience, and cared more for gain then good order; then which there cannot be a more base imputation cast upon go­vernment: As then we are wont to say in relation of our actions to the lawes of God; that som things are forbidden because they are sinfull, and some things are sinfull because they are forbidden, so it holds also in the lawes of men; som things are forbidden because they are justly [Page 219] offensive; and som other things are only therfore offensive because they are forbidden; in the former of these we must yield our careful obedience out of respect even to the duty it self; in the latter, out of re­spect to the will of the law-giver; yet so, as that if our own important oc­casions shall enforce us to transgress a penall law, without any affront of authority or scandall to others, our submission to the penalty frees us from a sinfull disodedience.

CASE VII.
Whether Tithes bee a lawfull mainte­nance for Ministers under the Gospel; and whether men bee bound to pay them accordingly.

AS the question of Mine and Thine hath ever embroyled the world; so this particular concerning [Page 220] tithes hath raised no little dust in the Church of God; whiles some plead them in the precise (quota parta) due & necessarie to be paid, both by the law of God, and nature it self; o­thers decry them as a judaicall law; partly ceremoniall, partly judiciall; and therfore either now unlawfull, or at least neither obligatory, nor convenient.

What is fit to be determined in a businesse so over agitated; I shall shut up in these ten propositions.

1. The maintenance of the legall ministery allowed and appointed by God was exceeding large and li­berall.

Besides all the tithes of corn, wine oyle, 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, oyle, wool, &c. in a large [Page 221] proportion; he was held to be a man of an evil eye that gave lesse then the sixtith part: They had the first born of cattle, sheep, beeves, goats; and the price of the rest, upon redempti­on: even the first-born of men must ransom themselves at five shekels a man; They had the oblations and vowes of things dedicated to God: They had the ample loaves (or ^* cakes rather) of shew-bread, and no small share in meat-offerings, sin-offerings, trespasse-offerings, heave-offerings, shake-offerings; of sacri­fices eucharistical they had the brest and shoulder; of other, the shoulder and the two cheekes; yea the very burnt offerings afforded them an hide: Besides all these, all the males were to appeare before the Lord thrice a year; none were exempted (as their Doctors tell us) but ser­vants, [Page 222] 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 appeare empty-handed.

What do I offer to particularize? there were no less then twenty four gifts alotted to the Priests, expresly in the law; the severals wherof who so desires to see, may finde in the learned and profitable Annotations of master Ainsworth ^*, out of Maimo­nides.

2. We can have no reason to ima­gine, that the same God who was so bountifull in his provisions for the legall ministery, should bear lesse re­spect to the Evangelicall; which is far more worthy and excellent then the other; justly therfore doth S. Paul argue from the maintenance of the one, a meet proportion for the fit su­stentation of the other, 1 Cor. 9. 13.

[Page 223] 3. It is not fit for Gods ministers to be too intent to matter of profit; their main care must be the spiritual proficiency of the soules of their people; the secular thoughts of out­ward provisions must come in only on the by; but howsoever they may not be intangled in worldly affaires, 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 it any man provide not for his own, & especialy for those of his own house he hath denied the faith, & is worse then an infidell. 1 Tim. 5. 8.

4. Under the law the tenth part was precisely alotted 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 som other, or left it arbitrary; yea [Page 224] even before the law, Gen. 14. 20. A­braham (and in his loynes Levi him­selfe) paid tithes to Melchisedec (Heb. 7. 4.) the priest of the most high God; and whether it were by his ex­ample, or by some naturall instinct, we find the very heathen nations, after some great victory atchieved, were wont to devote stil the tithe of their spoiles 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 som great cross might befall Rome for the tempering of so high a felicity) he presently of­fereth the tithe to his^* Gods: yea it was their custome 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, [Page 225] that hee therfore grew up to so vast an estate, because he still de­voted the tithe of his fruits to Hercu­les: And^* 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 mini­stery under the Gospell; and if these rules and examples bee 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 Jewes and Gen­tiles.

6. The nationall lawes of this kingdom have set out the same proportion [Page 226] of tenths for this purpose; If therfore there were no other obli­gation from the law of God or of the Church, nor any precedents from the practise of the rest of the world, yet in obedience to our municipall lawes, we are bound to lay forth the tenth part of our increase to the maintenance of Gods 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 civill and ec­clesiasticall, dedicated to the service of God; and in the meer intuition thereof, is alotted to Gods ministers, there can be no reason why it can be claimed, or warantably received by Lay persons, for their proper use & behoof; so as this practise of Impro­priation, which was first set on foot by unjust and sacrilegious Buls from Rome, is justly offensive both to God and good men; as mis-deriving the [Page 227] well-meant devotions of charitable and pious soules into a wrong chan­nell. Nothing is more plaine then that tithes were given to the Church and in it, to God; how therefore that which is bequeath'd 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 legall rate displeases) and it shall well sa­tisfie those that wait upon Gods 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 hee adds, ver. 7. Be not deceived, God is not mocked. The charge is serious, and binding: and the required communication is universall; and that with a grave Item of Gods strict observa­tion of performance: we may not think to put it off with Ambroses mis­pointed [Page 228] reading, of referring the all good things to the teaching, (a con­ceit sensibly weak, and misconstru­ctive;) nothing is more evident then that it hath relation to the commu­nicating; wherein (for ought I see) God intends a larger bounty to the Evangelicall ministery then to the legall; where all is to be communi­cated, what is excepted? All, not exclusive of the owner; but imparted by the owner; Let this bee really done, there will bee no reason to stand upon the Tenths.

9. But that this may be according­ly done, there is no law that requires a meer arbitrarinesse in the commu­nicators: the duty of the teacher is punctually set downe, and so well known that the meanest of the peo­ple can check him with his neglect: and why should wee thinke the reci­procall duty of the hearer fit to bee left loose and voluntary: yet such [Page 229] an apprehension hath taken up the hearts of too many Christians as if the contributions to their ministers were a matter of meer almes; which as they need not to give, so they are apt, upon easy displeasures, to up­braid: But these men must be put in minde of the just word of our Savi­our; The laborer is worthy of his wages: The ministery signifies a service; a publique service at Gods Altar; whereto the wages is no lesse due, then the meat is to the mouth of him that payes it; No man may more freely speak of tithes then my selfe, who receive none, nor ever shall do? Know then ye proud ignorants, that call your Ministers your almes-men, and your selves their Benefactors, that the same right you have to the whole, they have to a part; God and the same lawes that have feoffed you in your estates, have allotted them their due shares in them; [Page 230] which without wrong ye cannot de­tract. It is not your charity but your justice which they presse for their owne: Neither think to check them with the scornfull title of your ser­vants; servants they are indeede, to Gods Church, not to you; and if they doe stoop to particular services for the good of your souls, this is no more disparagement to them, then it is to the blessed Angels of God, to be ministring spirits, Heb. 1. 14. sent forth to minister for them who shall be heires of salvation.

Shortly, it is the Apostles charge ratified in heaven, that they which labour in the word and doctrine should be remunerated with double honour; that is not formall of words and complements, but real of main­tenance; which he laies weight upon his Timothy to enioyn, 1. Tim. 5. 17.

10. And surely how necessary it is that we should bee at som certainty [Page 231] in this case, and not left to the meere arbitrary will of the givers, it too well apears in common experience; which tell us how ordinary it is, where ministers depend upon volun­tary benevolences, if they doe but upon som just reproofe gall the con­science of a guilty hearer; or preach som truth which dis-relishes the pa­lat of a prepossessed auditor, how he straight flies out; and not only with­holds his own pay, but also with­drawes the contributions of others: so as the free-tongued teacher must either live by ayre, or be forced to change his pasture: It were easy to instance, but charity bids mee for­beare.

Hereupon it is, that these sportu­lary preachers are faine to sooth up their many masters, and are so gag­ed with the feare of a starving dis­pleasure, that they dare not be free in the reprehension of the daring sins of [Page 232] their uncertain benefactors; as be­ing charmed to speak either placen­tia or nothing. And if there were no such danger in a faithfull and just freedom, yet how easy is it to appre­hend, that if even when the laws en­force men to pay their dues to their ministers, they yet continue so back­ward in their discharge of them: how much lesse hope can there be, that being left to their free choyce, they would prove eyther liberall or just in their voluntary contributions.

Howsoever therfore in that inno­cent infancy of the Church, wherein zealous Christians, out of a liberall ingenuity were ready to lay downe all their substance at the Apostles feet, & in the primitive times imme­diately subsequent, the willing for­wardness of devout people tooke a­way all need of raysing set mainte­nances for Gods ministers; yet now, in these depraved and hard hearted [Page 233] times of the Church, it is more then requisite, that fixed competencies of allowance should by good lawes be established upon them; which being done by way of tithes in those coun­tries wherein they obtaine, there is just cause of thankfulnesse to God for so meet a provision, none for a just oppugnation.

CASE VIII.
Whether it bee lawfull for Christians where they find a countrey 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 lawfull so to doe.

WHat unjust and cruel measure hath been heretofore offered by the Spaniard to miserable Indi­ans, in this kind, I had rather you [Page 234] should receive from the relation of their own Bishop, Bartholomaeus 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 owne 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 wih Hogs and Deer, and such like bruite cattle) 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: [Page 235] For the decision whereof some grounds are fit to be laid.

No nation under heaven but hath som Religion or other, and worships a God such as it is, although a crea­ture much inferiour 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 natu­rall and civill 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 Christs, and Christ is Gods: but the spirituall right gives a man no title at all to any na­turall or civill possession here on earth; yea Christ himselfe, though both as God, and as Mediator, the whole world were his, yet hee tells [Page 236] Pilate, My kingdom is not of this World; neither did he (though the Lord Pa­ramount of this whol earth) by virtu of that transcendent soveraignty 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 spirituall inte­rest debar any man from a rightfull claim and fruition of these earthly inheritances.

The barbarous people were lords of their owne; and have their Saga­mores; and orders, and formes of government under which they peaceably live, without the intermedling with other nations.

Infidelity cannot forfeit their in­heritance to others; no more then enmity professed by Jewes to Chri­stian Religion, can escheat their goods to the Crownes under which they live; yea much lesse: for those Jewes, living amongst Christian [Page 237] people, have, or might have had meanes sufficient to reclaime them from their stubborn unbeleefe, but these savages have never had the least overture of any saving helps to wards 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, then Christians may be so forced by them: certainly, in the same tearms 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 hereto fore 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 hainous and abhominable and such as for which God of old [Page 238] condemned the seven nations to an utter extirpation; But what Com­mission have wee for their punish­ment? Could we shew such a patent in this case as the Israelites had for their warres against Ameleck, 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 hee may not be a Judge, who may be an executioner.

Refusall 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 perswaded, and not compelled; that sentence there­fore of Pope^* Gregory; Justum [Page 239] sanctumque esse bellum, &c. (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 beleeve;) is surely either not out of the chayre, 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 & 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 Isa­bella queen of Castile and Aragon for his expedition against the barbarous Indians of the then newly discovered world: Genesius Sepulveda, a learned [Page 240] Spaniard writ then, in defence and incoragement of this holy invasion, a Dialogue, which hee called Demo­crates secundus, which was published at Rome, by the procurement of An­tonius Augustinus, Auditor of the Palace; which no sooner came a­broad, then it was eagerly set on, by the Divines both of Italy and Spaine; amongst these latter, the Do­ctors of Salamanca, adde the Complutenses; and above them Antonius Ramirus Bishoppe of Se­govia falls foule upon that offen­sive▪ discourse, which Genesius would faine have vindicated by an Apology, set forth to that purpose; but how insufficiently, it were easie to shew, if it were as needfull: But to make the matter good, hee thinks to back himselfe by the authority of great and fa­mous persons, both counsellors, and Doctors, by him cited; and above all [Page 241] by that loud Bull of^* Alexander; wherein yet, for ought I see, the charge which is laid on those Prin­ces is only to reduce the people li­ving in those Islands and countries to receive Christian Religion; which we may well apprehend more likely to be done by other means then by the sword.

After much agitation it pleased the King of Spaine, to require the judgement of^† Franciscus à Victoria, the famous professor of Divinity at Salamanca, concerning this so weigh­ty affaire; which he hath published with such wisdome and moderation, as so great a businesse required; sta­ting the question aright on both sides; both shewing the insufficiency of the received grounds of that Indi­an expedition, and directing to those [Page 242] just motives, & rules of proceedings herein, as might bee, in such a case, justifiable; to which grave and solid discourse of his, you may, if you please, bee 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 lawfull for Christians to travell into any coun­trey 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 of 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 Sodomits; Only unto these men doe nothing, for therefore are they come under the shadow of my roof. Gen. 19. 8.

[Page 243] 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 warant a restraint; And if nature have made the Sea and all the in-lets of it com­mon, it were very injurious to abridg any nation of the free use of so libe­rall an element.

Secondly, it is lawfull for us to use trafique with those Infidels, and to interchange comodities 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 al fair satisfaction; perswading them that we intend no harm or prejudice to them in their persons, or estate; but much good to both; labouring [Page 244] to win them by all courteous deme­nor; But if they shall flie out, not­withstanding all our kind indeavors, into a violent opposition of us; set­ting upon us in a hostile manner, of­fering to cut our throats in so unjust a quarell, it is lawfull for us to stand upon our defence, and to repell one force with another; and to use all convenient meanes for our security; and if we cannot otherwise be safe, to raise bulwarks or fortifications for our own indemnity; and if we finde our selves over-powred 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 publique inju­ries; and such injury is as great as barbarous.

But if not so much cruelty of dis­position, as feare and suspicion of a strange nation shal arm them against [Page 245] us; our care must bee so to manage our own defence, as may be least offensive to them; & therfore we may not take this occasion of killing their persons, or sacking their townes, or depopulating their countrys; for that in this case they are no other then innocent.

If after all gentle intreaties, cour­teous usages, and harmlesse self-de­fence, they shal persist in a malicious hostility, & can by no means be re­clamed from their impetuous on­sets; there is now just cause not to deale with them as innocents, but as enemies: and therfore to proceede against them accordingly.

But an higher and more warrant­able title, that we may have to deale 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 wee [Page 246] have good ground from the charge of our Saviour: Goe preach the Gos­pell to every creature; Mar. ult. and he that was in bonds for the name of the Lord Jesus, tels us, The word of God is not bound; 2 Tim. 2. 9. not bound, either in fetters; or within li­mits: Oh that wee could approve to God, and our Consciences, that this is our main motive and principall drift in our western plantations; but how little appearance there is of this holy care and endeavour, the plaine dealer upon knowledge hath suffici­ently informed us; Although I now heare 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 lesse meritorious of men: The Go­spell then may be, must be preached [Page 247] to those heathens, (otherwise they shall perpetually remaine out of the estate of salvation) and all possible meanes must be used for their con­version; but herein I must have leave to depart from Victoria, that he holds it lawfull if the savages do not freely permit (but goe about to hinder) the preaching of the Gospell, to rayse 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 therfore 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 profest they would not goe to heaven if any spanyards were there.

[Page 248] The way then to plant the Gospel of Christ successefully among those barbarous soules, must be only gen­tle, and plausible: first, by insinua­ting our selves 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 impartiall justice, strict piety, tender mercy, compassion, chastity, tempe­rance & all other Christian virtues; and when they are thus won to a lik­ing of our persons and carriage, they will be then wel 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; [Page 249] wherein I know not whether shal be the greater gainer, the victor or the conquered; each of them shall blesse other, and both shall be blessed by the Almighty.

CASE IX.
Whether I need in case of some foule sin, committed by mee, to have recourse to Gods Minister for absolution; and what effect I may expect there­from.

A Meane would do well betwixt two extremes; the careless neg­lect of our spirituall fathers on the one side, and too confident reliance upon their power, on the other: some there are that doe 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 sleight their spiritual [Page 250] guides: there can be no safety for the soul, but in a mid-way betwixt both these.

At whose gyrdle the keyes of the kingdom of heaven doe hang, mee thinks wee should not need dispute, when we hear our Saviour so expresly deliver them to Peter, in the name of the rest of his fellowes; and after­wards to all his Apostles, and their lawfull successors in the dispensation of the doctrine and discipline of his Church: In the dispensation of do­ctrine to all his faithfull Ministers under the Gospell; In the dispensa­tion of discipline to those that are entrusted with the mannaging of Church-government; with these latter we meddle not; neither need we, if we had occasion; after the so learned & elaborate discourse of the power of the Keyes, set forth by ju­dicious Doctor Hammond; to which I suppose nothing can be added. The [Page 251] former is that which lies before us: Doubtlesse, every true minister of Christ, hath by virtue of his first and everlasting commission, two keyes delivered in his hand; the key of knowledg, and the key of spirituall 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 ingenious revelation of the offender) both the nature, quali­ty, and degree of the sinne; 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 sinne; these keyes were never given him, but with an intention that he should make use of them upon just occasi­on. The use that hee may and must make of them is both generall, and speciall: Generall; in publishing the [Page 252] will and pleasure of God signified in his word, concerning sinners; pro­nouncing forgivenesse of sins to the humble penitent, and denouncing judgement to the unbeleeving, and obdured sinner: In which regard, he is as the Herald of the Almighty, proclaming war and just indignation to the obstinate; and tendring terms of pardon and peace to the relenting and contrite soule: or rather, as the Apostle stiles him, 2 Cor. 5. 20. Gods Ambassador offering and suing for the reconciliation of men to God; and if that be refused, menacing just vengeance to sinners.

Speciall, in a particular applicati­on of this knowledge and power to the soul of that sinner which makes his addresse unto him: Wherein must be inquired both what necessi­ty there is of this recourse, and what aid and comfort it may bring to the soul.

[Page 253] Two cases there are wherein cer­tainly there is a necessity of applying our selves to the judgement of our spirituall guides; The first is in our doubt of the nature and quality of the fact; whether it be a sin, or no sinne; for both many sinnes are so gilded over with fair pretences and colourable circumstances, that they are not to be de cryed but by judici­ous eyes; and some actions which are of themselves indifferent, may by a scrupulous conscience be mistaken for hainous offences: Whither should we goe in these doubts but to our Counsaile learned in the Lawes of God; of whom God him­self hath said by his Prophet. The Priests lips should keep knowledge; and they should seeke 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 [Page 254] sin committed; wherein the burde­ned conscience not being able to give ease unto it self, seeks for aid to the sacred hand of Gods Penetentia­ry here on earth, & there may find it; That 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 bee a messenger (of God) with him, an interpreter, one of a thousand, to shew unto man his up­rightnesse, (and the soundnesse of his repentance) ver. 24. then is (God) Gratious unto him, and saith, Deliver him from going down into the pit; I have found a ransome, &c. ver. 26. Hee shall pray unto God; and he will be favo­rable unto him; and hee shall see his face with joy. In case of some dangerous sicknesse of the body, wee trust not our owne skill, nor some ignorant quack-salvers, but seek to a learned [Page 255] and experienced Physitian for the prescription of some sure remedies; whereas, if it be but for a sore finger, or a tooth-ach, we care only to make use of our own receits: And so in ci­vil quarels; if it be only som sleight brabble, wee thinke to compose it alone; but if it be som maine questi­on importing our free hold, wee are glad to waite 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 soules; which as it is a part farre more precious then its earthly Ta­bernacle, so the diseases whereto it is subject, are infinitely more dange­rous and deadly.

Is your heart therfore embroyled within you, with the guilt of some hainous sin? labour what you may to make your peace with Heaven; humble your self unto the dust be­fore the Majesty whom you have of­fended; [Page 256] beat your guilty brest, water your cheeks with your tears; & cry mightily to the father of mercies for a gracious remission; but if after all these penitent endevours you finde your soule still unquiet; and not suf­ficiently apprehensive of a free and full forgiveness; betake your selfe to Gods faithfull agent for peace; run to your ghostly Physitian, lay your bosome open before him; flatter not your own condition; let neither feare nor shame stay his hand from probing and searching the wound to the bottome; and that being done, make carefull use of such spirituall applications as shall be by him admi­nistred to you: This, this is the way to a perfect recovery, and fulness of comfort.

But you easily grant that there may be very wholsome use of the ghostly counsell of your Minister in the case of a troubled soule; but you [Page 257] doubt of the validity and power of his absolution; concerning which it was a just question of the Scribes in the Gospell; Who can forgive sinnes 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 sinnes, (ver. 7.) that can say to the decrepit paralytick; Arise, take up thy bed and walke; (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.) In­deede, 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 knowes the soule wherein it is forged; He only who is Lord of the Soule, the God of spi­rits, can punish the Soule for sin­ning; [Page 258] Hee only that is infinite can doome the sinfull soule to infinite torments; He only therefore it must be, that can release the guilty Soule from sin and punishment, If there­fore man, or Angell shall challenge to himselfe this absolute power to forgive sin let him be accursed,

Yet withall it must be yeelded, that the blessed son of God spake not those words of his last commissi­on in vaine; Whose soever sins ye remit, they are remitted unto them; and whose soever sinnes ye retaine, they are retai­ned. John 20. 23. neither were they spoken to the then present Apostles only, but in them to all their faith­full successors to the end of the world.

It cannot therfore but be granted, that there is some kind of power left in the hand of Christs ministers, both to remit and retain sin: Nei­ther is this power given only to the [Page 259] Governors of the Church, in respect of the censures to be inflicted or re­laxed by them, but to all Gods faithfull ministers, in relation to the sins of men: A power not soveraign and absolute, but limited & ministeriall, 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 verball declaration, (which might proceed from any o­ther lips) but in the way of an opera­tive and effectuall 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 conferre somwhat upon his Mini­sters, more then the rest of the world should be capable to receive, or per­form, The absolution therefore of an authorized person must needs be [Page 260] 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 Sonne of God, from which all po­wer and virtue is derived to all his ordinances▪ and we may wel say, that whatsoever is in this case, done by Gods minister (the key not erring) is ratified in heaven: It cannot ther­fore but be a great comfort, and cor­diall assurance to the penitent soule to heare the messenger of God (after a careful inquisition into his spiritual estate and true fight of his repen­tance) in the name of the Lord Jesus pronouncing to him the full remissi­on of all his sinnes.

And if either the blessing or curse of a father goe deeper with us, then of any other whosoever; although but proceeding from his own privat affection, without any warrant from above; how forcible shall we esteem [Page 261] the (not so much apprecatory, as de­claratory) benedictions, of our spiri­tuall Fathers, sent to us, out of Hea­ven?

Although therefore you may per­haps, through Gods goodnesse, at­taine to such a measure of knowledg and resolution, as to be able to give your self satisfaction concerning the state of your soul; yet it cannot be a­misse, out of an abundant caution to take Gods minister along with you, and making him of your spirituall Counsaile, to unbosome your selfe to him freely, for his fatherly advice and concurrence: The neglect whereof, through a kinde of eyther strangenesse of mis-conceit, is cer­tainly not a little disadvantageous to the soules of many good Christians. The Romish Laity makes either O­racles or Idols of their Ghostly Fa­thers; if we make Ciphers of ours, I know not whether we be more inju­rious [Page 262] to them, or our selves. We go not about to rack your consciences to a forced and exquisite confession, under the pain of a no-remission, but wee perswade you for your owne good, to be more intimate with, and less reserved from, those whom God hath set over you for your di­rection, comfort, salvation.

CASE X.
Whither it bee lawfull for a man that is not a professed Divine, that is (as we for distinction are wont to call him) for a laick person, to take upon him to interpret the Scripture.

MAny distinct considerations had neede to make way to the answere.

First, it is one thing for a man to interpret Scripture, another thing to take upon him the function of [Page 263] preaching the Gospell, which was perhaps in your intention; this is far more large then the other, every mā 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 sweete pro­mises of the Gospell to the faithfull and penitent; for the performing whereof there must be a commission to Gods minister from him that sends him; upon which the Apostle hath pronounced a ( [...]) Who is suffiicient for these things?

Secondly, it must bee considered in what nature, & within what com­pass the interpretation is; for doubt­lesse the just degrees of callings must [Page 264] be herein duly observed; whether in a publique way; as Pastors of con­gregations; or in a private way, as masters of families; whether in the schooles, in a meere Grammaticall 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; meere interpretation doth not de­pend upon the profession, but upon the faculty of the undertaker; whe­ther he be learned, or ignorant; whe­ther skilfull 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: [Page 265] 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 entring into holy Orders, even at eighteene yeeres of his age entred into that great worke of his Catechisings: Act. 18. 24. 25. Apollos the Alexandrian was an elo­quent man, and mighty in scriptures, and taught diligently the things of the Lord; yet knew nothing but the Bap­tisme 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 laick hands, for both the defence and propagation of the Go­spell, we need no other witnesse then S. Jerome; who hath memoriz'd a­mongst the primitive Christians, Aristides, Agrippa, Hegesippus, Ju­stine, Musanus, Modestinus, both the Apollonii, Heraclius, Maximus, and [Page 266] many others, whom God raised up amongst the learned laity of those times, to Apologize for Christianity; And in the last foregoing age, how scarce removed out of our sight, are Laurentius Valla, both the Earles of Mirandula, Capnio, Fagius,sof an instan Erasmus, Faber, and the rest of those famous way-makers to the succeeding resti­tution of the evangelicall truth: And what a treasure in this kind had the Church of God lost, if it should have missed the learned annotations upon the Scripture, derived to us from the hands of Mercerus, Joseph Scaliger, Drusius, both Causaubons, 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 it selfe; that it bee genuine and orthodox: for there can be nothing in the world more dangerous then to [Page 267] mis-construe God speaking to us in his Word; and to affixe upon his Divine Oracles a sense of our owne, quite dissonant from the intention of that spirit of Truth: Care therfore must be taken that the intepretation given, be every way conform to the Analogy of faith, and fully accor­dant to other Scripture; the neglect wherof, through either ignorance or misprision hath bred many foul and perilous soloecismes in Divinity; To give you a taste of too full a dish: In the 18. of Ecclesiasticus ^*, where the vulgar reades, Hee 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 instan [...]any & entire creation of the world, and all the parts thereof, in the first moment of time; whereas the Scripture hath [Page 268] expresly and punctually set down the several six dayes, wherein each part of it was distinctly formed: which those misconstruers are fain to understand of the distinct notificati­ons given to the Angels, concerning this almighty work: and what curi­ous subtleties have beene hereupon raised by our school-Divines,^* is more fit to be past 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 universall world, that have any being; intima­ting not the time of creation, but (as our^† Version hath it) the generality of things created.

What advantage the blasphemous Arrians have formerly taken from the mis-interpretation of Proverbs 6. 22. where Wisdom is brought in [Page 269] (by the mistaking of som ancients) to say,^* The Lord created me (in stead of possessed me) in the beginning of his way, before his works of old, is more worthy of indignation, then any far­ther prosecution. But most pregnant and notable is the grosse mis-prision 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 scholasticall difference a­mong the Roman doctors, concer­ning the effectual aid of Divine Grace, depending or not depending upon free will (about which he had 60 daies disputation with Cardinall Ascoly & Cardinall Bellarmine; shew­ing how it might well be maintained without the devises of physicall pre­determinations, or that scientia media of our late Jesuites) relies chiefly for his opinion upon that Text of Esay ^† [Page 270] 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 mis­edition of the Vulgar which perverts the sense, by making a wrong stop in the sentence, whereas their owne Montanus, & 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 sonnes, &c. 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 Councels, pressed against him, stands upon his defence, out of the Synod of Constā ­tinople, Act. 5. grounded upon^* the [Page 271] words of miscalled Solomon; Beat usqui praedicat verbum inauditum; corrupting both the Text & the Councell; whereas it should be read, verbum in­auditum obedientis: and the Coun­cell hath it aright, ( [...]:) as ours turns it likewise, well is be that speaketh in the eares of them that will heare: It were easie 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 internall in it self; or exter­nall from other supplies: of the for­mer kind are a diligent sifting of the context and inference, and a carefull comparing and conferring of one Scripture with another, for all truths agree with themselves; & this word of God is the Sun that gives us light to see it self Externall; where it will [Page 272] be needefull 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 poste­eity by the learned Penns of Cle­mens of Alexandria, Hierome, Augu­stine, Gerson, Hyperius, Illyricus, Ja­cobus Matthias, and others; which, as meet for a volume apart, may not expect to finde a roome 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, wee 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 [Page 273] finding it said of Judas that having received the Sop, hee went immedi­atly out; Et erat nox; and it was night; puts both together as spo­ken of Judas; He (saith hee) 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 Jewes that were night, of a traitrous wickedness, &c.⁷¹

What work^† Bernard (who shew­ed in this, that he saw not all things) makes of Daemonium meridianum, the noone-day-Devill, in one of his Ser­mons, is evident to be seene; yet had he been as well seen in language as he was fervent in his devotion; hee had spared that discourse as raised from a meere ungrounded interpre­tation; there being no Devill in the text; but a phantasme of his deluded imagination: And if I should set [Page 274] forth the descents that our Postillers run upon the names of Jobs three daughters, I should seeme to you as apt to sport in so serious a subject; and if I could thinke it worth the labour of gathering up the wilde senses, far-fetcht Allegories, absurd inferences, that ignorant Friers have fastned upon Scripture, it is not a small skin that would containe that Tome.

Surely that man whosoever he be, that would be hoising saile in these deeps of scripture, had neede to bee well ballast, and well tackled, and skilfull in the Compasse, else he will have much adoe to escape a wrack: He that will walk in paths of danger had need to have his eys about him; an hoodwinkt man may easily bee carried against a post: and hee that hath not light enough to see his own way, had need to take heed whom he trusts: Hee that would blind-fold [Page 275] follow those very interpretations which the Church of Rome hath commended for authenticall, would run into foul and dangerous absurdities: let me single out som few confessed by their owne Estius, and Lucas Bru­gensis; such as are plainly contra­dictions to Scripture, and doe, as it were, give the lye to Gods spirit. Such is that 2 Sam. 8. 18. Filii autem David sacerdotes erant; The sonnes of David were Priests: whereas every child knowes that the Scripture fre­quently tells us none could be priests but of Aarons order and tribe; out of Levies loins; and that David was of the house of Judah: the Septuagint rightly turns it [...] ^*. Againe who that shall finde it in the Vulgar interpretation: David desperabat &c. David despaired that he could escape [Page 276] from the face of Saul: would not in­ferre that he utterly distrusted Gods assurance, by the prophet, of his fu­ture Kingdom; whereas the originall is by Estius his own confession, Festi­nabat, as we also turn it, David made haste to get away, &c. 1 Sam. 23. 26. He that should find it reported of one of the sonnes of Er, qui stare fecit solem (hee that made the Sun to stand stil) would justly wonder what kind of man this was, that had been so long obscured from the world, & yet should have don so strange a mi­racle as never was don but by Joshua (1 Chron. 4. 22.) whereas hee that lookes into the text, shall finde no mention at all of the Sun; but only of the meer proper name of Jechim the son of Er.

He that shall read in Job, where God speakes of the Leviathan; Cum sublatus fuerit (i. Leviathan) time­bunt Angeli & territi purgabuntur; [Page 277] when he raiseth up himselfe, the Angels shall feare, and being terrified shall bee purged; Job. 41. 25. would sure think this Whale were the Devill, (as som ancients have mistaken him) and may well wonder how the good Angels being celestiall spirits) could be capable of fear; or how the evill Angels could be capable of purging: when the text hath no mention nor thought of^* Angels; but only signi­fying the strength and terriblenesse of the Whale, expresses it in these words; When he raiseth up himself the mighty are afraid; by reason of break­ings they purifie themselves. Solomon was faulty enough in his Idolatry, but he that shall read 1 Kings 11. 5. (in the Vulgar interpretation) that hee went after Chamosh the God of the Moabites, shall adde one Idoll [Page 278] 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 hee that should follow the Vulgar interpretation, would fasten upon him almost^* four thousand more then ever he owned.

After that Merab Sauls eldest daughter was given away to Adriel the Meholathite, 1 Sam. 18. 20. contra­ry to engagement, hee that will fol­low the Vulgar, must say that David straight fell in love with Michal, the other sister; whereas the text tells us that Michal fel in love with him.⁷⁶

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 [Page 279] that hee fell down stripped of his wonted clothes.

He that should find in the Vulgar, Psal. 71. 5. David reporting of him [...]self [non novi literaturam] I know no learning, would wonder at the Pro­phets disparagement of his skill, who had elsewhere professed himself wi­ser then his teachers; whereas all that he sayes, is^* that the mercies & blessings of God upon him have been so many, that he knows not the numbers thereof.

He that should find the 7 Angels in the Revelation Vestitos lapide; cloa­thed with stone ^† Rev. 15. 6. would sure think them buried; wheras the Text is, clothed in pure white linnen.

And what do you imagine would a plain reader think of that charge of the wise man; Noli velle mentiri [Page 280] omne mendacium; Bee not willing to lie all manner of lies, Ecclus. 7. would hee not straight say: som belike I am allowed to lye? whereas the words are peremptory even in Estius his reading, according to ours; Use not to make any manner of lyes.

Yea that very correction of the Vulgar interpretation which Brugen­sis allowes and magnifies, 1 Cor. 15. 51. with what safety can it passe the judicious; whiles he reades, omnes quidem resurgemus, sed non omnes im­mutabimur; Wee 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 runnes accor­ding to our^* Version, We shall not all sleep, but we shall all bee changed. For those that are found alive at our Sa­viours second cōming shall not sleep [Page 281] in death; yet both they and the for­merly dead must undergoe a change.

I could utterly weary you with in­stances; How must he that reades the Apocryphall Ecclesiasticus, needs say that this man (how obscure soe­ver in his authority) saw more and cleerer then all the acknowledged Prophets of the old Testament; for hee hath foretold us expresly the very name of our Lord Jesus which none of them ever beforehand pub­lished: For hee (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 grosse mistaking; wherein [...] (Jesus, is mis-read for) [...] Islands, so as the right sense is only this; God by his Counsell appeaseth the Deepe, and planteth I stands therein; But I forbeare, on­ly if you have too much leisure, [Page 282] you may be pleased to cast your eye upon the Margine.⁸⁰

[Page 283] In these and many more (for I meant to give you but an assay) the 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 easie 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 & injudicious person to meddle with the holy Oracles of the Almighty.

The conclusion then must be, that however it may bee lawfull for the eminently learned, either in schooles or families (according as their cal­ling may warrant them) to interpret even difficult Scriptures, and to unty 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 perill both of their own souls, and others; [Page 284] I should therefore advise that this may bee 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 fundamentall truths (which are laid down openly and cleerly 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 faithfull Pastors; and rather to rest in that light which they shal receive from their well-di­gested instructions, then to rely up­on their own (perhaps confident, but much weaker) judgement.

CASE I.
Whether the marriage of a Sonne or Daughter without or against the Pa­rents consent may be accounted law­full.

MAtrimony, though not a Sacrament, yet a sa­cred institution of God, for the comfort and propagation of man­kind; is so fruitfull of questions as that^* Sanchez the Jesuite hath stuffed [Page 286] an huge volume with them alone; it were pitty that so many should in that estate be necessary; we meddle not with those secret, and (some of them) immodest curiosities: conten­ting our selves only with those which meet us every day in the ordinary practise of men: wherof this which you have moved may well challeng the first place: A question wherein I was vehemently pressed in my late western charge, by som persons of greatest eminency in those parts up­on occasion of som of their children undutifully carving for themselves in the choice of their matches; The offended parents in the height of their displeasure were very earnest to invalidate & annul the marriage; I gave them in effect the same account of the point, which now I give to you: That this disallowed marri­age was one of those things which are unjust and unlawfull to bee [Page 287] done, but being once done are valid.

How unwarrantable and injurious it is in the child to match himselfe without or against the parents con­sent, there needs no other Judg the [...] the law of nature it self, which teach­eth us that the child is no other then the peculiar goods, and living sub­stance of the parent; yea, as some Ci­vilians have taught us to expresse it, he is^* pars viscerum matris, a part of the mothers bowels; and part of the purest substance of the father; and therefore ought no more to bee ex­empted from the parents power of disposing, then the very limbs of his owne body; upon this ground it was that by the law of God it was law­full for the^† Jewes, in case of extre­mity, to sell, as themselves, so their children also to servitude; but to those onely of their owne Nation, [Page 288] and in the^* law civil there is the like permission, although under certaine [...]onditions; and particularly, in an utter exigency, Victus causa; To the latter whereof, som^† Expositors hold so strictly, as that they wil not admit this to be don 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 adde that this must be only in the fa­thers power, and that to a child not emancipated, and left to his owne disposing: It is not in my way to di­spute the case with them, take it at the easiest, it sufficiently shewes the great power that nature it self yelds [Page 289] to the parent over the child; By how much stronger then the parents inte­rest is in the child, so much more wrongfull it must needs bee in the child to neglect his parents in finally bestowing himselfe; And if we look into the positive law of^† God, wee 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 himselfe.

Neither do the^* Roman doctors generally hold otherwise this day in case of an under-age; 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, & paternal pow'r; which is sufficient for my purpose in the question in hand.

[Page 290] And although those Casuists doe sufficiently doat upon their Mon­kery, and the vows thereunto apper­tayning; yet they ascribe so much to the bond of filial duty, as that they teach, That a sonne 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 hee might be likely by his coming forth to bee aidfull to his said Parents, is guilty of a sin against the fift Commande­ment: so as even with them, the re­spect to a parent ought to overweigh 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 Mosaicall, heare what the chosen vessell saies under the new law of the Gospel.

[Page 291] If any man thinke that he behaveth himselfe uncomely towards his virgin, if shee passe the floure of her age, and need so require, let him doe what hee will, hee sinneth not; let her marry: (1 Cor. 7. 36.) Neverthelesse he that standeth stedfast in his heart, having no necessity; but hath power over his owne will, and hath so decreed in his heart that he will keep his virgin, doth well, &c. (ver. 37.) Loe, the Apostle supposeth it in the parents power ei­ther to keep his daughter a virgin, or to dispose of her in marriage: she is not her owne, 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 call her a­gainst her minde upon a dis-affected match; No, that God who disposeth all things sweetly, would have us [Page 292] doe so too; hee allowes parents to be rulers of their children, but not ty­rants: what they doe therefore in this kinde, must be more by councel then command: and with more sway of love then authority: thus, con­sulting wisely with the state of times and the childs disposition and abili­ties of contayning, must the parent either keep his virgin, or labour for the provision of a meete consortship Thus did the two great Patriarchs 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-fellowes, whiles the god­less, whether out of impetuous lust, or stubborn disobedience, affect with Esau, Gen. 28. 6, 7, 8. to be their owne purveyors, to the great regret, and [Page 293] heart-breaking of their parents.

Lastly, the latitude that S. Paul gives of the liberty of marriage to al Christians is, Tantum in Domino; onely in the Lord, 1 Cor. 7. 39. Now how can that marriage bee in the Lord, which is against him? and how can that bee other then against the Lord; which is against the Lords commandement? And what com­mandment can be more express then Honor thy father and thy mother Gal. 6. 1. And, Children obey your parents? ver. 2. And what can bee more con­trary to the honour and obedience due to Parents, then to neglect them in the main business that concernes our lives? And what businesse can concern our life so much, as the choice of a meet partner, with whom we may comfortably weare out all the dayes of our pilgrimage on earth?

Doubtlesse then, we may in a ge­nerality [Page 294] safely conclude, that it is al­together unlawfull for a childe to sleight his Parents consent in the choice of his marriage; There may be some particular cases incident wherein perhaps this may without sinne 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 compasse of in­telligence; or where the Parent be­ing averse from the true Religion denies his consent to match with a­ny but those of his own straine; or shall upon other by-occasions wil­fully stand upon so unreasonable terms, that neither friends nor authority can over-rule him: But where these or the like preponderating ex­ceptions doe not intervene, the child cannot without sin balk the Parents [Page 295] consent to his choice in marriage.

But though such marriages with­out, or against consent, bee not law­fully made; yet being once made, they are valid.^* The civill law, out of the grounds of policy, goes herein too far; which sentenceth those mar­riages void; which are made with­out the consent of Parents of Guar­dians; but as Matrimony hath som­thing 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 over-sway the other two; The marriage therefore thus made, being, though faulty, yet true; is doubtlesse after consummation indis­soluble. The parties 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 Adul­terie.

OUr Saviour hath so punctually decided the case in his Divine Sermon upon the mount, that I can­not but wonder at the boldnesse of any man, who calls himself a Chri­stian, that dares raise a question after so full and clear a determination from the mouth of truth it self.

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 No­vellists, [Page 297] who admit of very sleight causes of separation; the other, Ro­mish Doctors, who plead for some other main and important additions to this liberty of divorce.

I have heard too much of, & once saw a licentious Pamphlet thrown abroad in these lawlesse times, in the defence and encouragement of Di­vorces (not to be sued out, that so­lemnity needed not, but) to be arbi­trarily given by the disliking 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 downe a side, and by her innate peevishnesse, 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 [Page 298] Husbands 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 passe is the world come that a Christian preten­ding to Reformation, should dare to tender so loose a project to the pub­lique? 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 som of those too wel-penned pages, I found the Author was in earnest, and meant seriously to contribute this peece of good councel 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 [Page 299] amongst others, admitted to the light: what will all the Christian Churches through the world, to whose notice those lines shall come, think of our wofull degeneration in these deplored times, that so un­couth a designe should be set on foot amongst us?

Or how can they construe it other then a direct contradiction to our Saviours sentence, in maintaining that practise which hee expresly profes­seth to oppose? for, what was the Jewish guise here checked by our Saviour, but a voluntary repudiation of a lawfull wife upon the terms of dis­like, other then fornication? Their mis-interpretation of the law allu­ded unto, argues no lesse; The Law alluded unto is, that of Deutronomy▪ where God sayes, When a man hath tak [...]n a wife, and hath been her husband, and it shall be, that she finde not grace in his eyes, because he hath found in [Page 300] ^* her matter of nakednesse, 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 naked­nesse therefore, for which the Jews were then wont to divorce their wives, (and offended in so divorcing them) was any other displeasing qualitie, besides the breach of wed­lock through bodily uncleannesse; for which only had they dismissed their wives, our Saviour had neither faulted their Glosse nor their Pra­ctise; 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 [Page 301] lawfull 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 expresly refer­red to his umpirage: The Lord (saith he) hath been witnesse 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. (Loe, the wife of thy covenant, therefore too sure set­led to bee turn'd 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 then firmitude and perpetuity.)

[Page 302] 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 hateth 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 law­full 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 practise to the very originall in­stitution of marriage it self? He that made it in Paradise ordained thus: Therefore shall a man leave his father and his mother, and shall cleave unto his [Page 303] wife; and they two shall be one flesh, Gen. 2. 24. Loe, before ever there was fa­ther, or mother, or son in the world, God hath appointed that the bonds betwixt husband and wife shall be more strait and indissoluble then be­twixt the parent and child; and can any man be so unreasonable as to defend it lawfull, upon some unkinde usages, or thwartness of disposition, for a parent to abandon and forsake his child; or the son to cast off his parent? much lesse therefore may it be thus betwixt an husband & wife: They two are one flesh▪ Behold here an union of Gods making: A mans body is not more his own, then his wives body is his: And will a man be content to part easily with a peece of himselfe? Or can we thinke that God will indure an union made by himself to be sleightly dissolved? Or how is this bodily matrimony a lively image of the spirituall marri­age [Page 304] betwixt Christ and his Church (who hath said, I will betroth thee un­to me for ever; Yea I will betroth thee unto me in righteousnesse, and in judge­ment, and in loving kindenesse, 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 hisse this Libertinisme 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 in­dure the unquiet clack of his Xantippe with such cool patience, if he might have quit himself of the trouble with a sodain act of her dismission? Or what use was there of those Dele­gates of Athens and the Harmosyni of Lacedaemon for the peecing up of these domestique breaches betwixt husband and wife, if the imperious husband had power to right himself [Page 305] by turning the scold out of doors?

Lastly, What silly counsail was that which the Jewish Rabbi gave to his client, matcht with a shrew; The bone that is falne to thy lot, that doe thou gnaw upon; if it were altogether free for him to leave that bone, and take another?

But I have dwelt too long on so grosse a subject: There may yet seem some better colour for the plea of the Romish doctors which admit infidelity and here [...]ie 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^* 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 Latine, Divortium, in his true sense is not so hainous as either of the other, signi­fying [Page 306] rather a turning aside, but in our ordinary acception amounts to no less then both. But what unjust difference they make betwixt finall separation and dissolution, we shall finde in our next discourse: On­wards, that such separation may not be made of man and wife (lawfully joyned together) for heresie or misbelief; we need no other conviction then that peremptory and clear de­termination of our Saviour which we have formerly insisted on: For though his words on the mount were in a way of doctrinall assertion, yet afterwards the same words were u­sed by him, in way of a satisfactory answer to the Pharises 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 Cardinall doth) that our Sa­viour [Page 307] here meant only to expresse the proper cause of the separation of married persons; which is the breach of marriage faith: as having no oc­casion to speak of those generall grounds which reach to the just sun­dring of all humane societies; such as Heresie and Infidelitie; which are enough to unglew all naturall and ci­vill 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 heresie, or infidelity: S. Paul teach­eth other Doctrine: Let as many ser­vants as are under the yoke (of bon­dage) count their (infidell) masters wor­thy of all honor; 1 Tim. 6. 5. not wor­thy [Page 308] therefore of desertion and dis­clamation: And if the servants may not shake off the bonds of duty; much lesse may the son brake or file off the bonds of nature; and as for the matrimoniall knot, how too sure it is to be loosed by infidelity it self, let the Apostle speak; If any brother hath a wife that beleeveth 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 be­leeveth 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 dis-oblige the wife or hus­band, much less Heresie: In this pre­tended case therefore to separate from board and bed, is no better then a presumptuous insolence; It is the peremptory charge of Christ, What God hath joyned together, let not man put asunder, Mat. 19. 6. In all lawfull marriages, it is God that joyns the [Page 309] hands and hearts of the Married. How dare man then undoe the work of God upon devises of his own? Had the Lord ever said, If thy wife be a wilfull 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 dis-joyn 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 en­thral each other by a wilfull deser­tion; whether upon pretext of reli­gion, or any secular occasion; In which cause what is to be don must come under a further disquisition; Certainly it was never the intention of the holy and wise God, by vertue of that which was ordained for mans comfort and remedy of sin, to binde [Page 310] him to a remedilesse misery; which must necessarily fall out, if upon the departure of an unbeleeving or he­reticall yoke-fellow, the relict party must be tyed up to a perpetuall ne­cessity of either containing, (if he can) or, if he can not, of burning; The wise Doctor of the Gentiles well fore-saw the dangerous incon­venience that must needs hereupon ensue, and hath given order for pre­vention, accordingly.

But if the unbeleeving 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 her self of redresse (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 [Page 311] last refuge) to publique ecclesiastical authority (which is the fittest to ma­nage these matrimoniall affairs) in whose power it may be, either by grave admonitions, and just censures to bring back the offendor 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 doe no other then exe­cute that Apostolike sentence for ex­emption from an unjust bondage, and providing for a just peace.

CASE III.
Whether after a lawfull 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 indeleble Character in the [Page 312] receiver; yet it hath, as they hold, such a secret influence upon the soul, as that it leaves a perpetuall 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:^* She was to be free, and to have power over her own soul; to goe away; to be married to any man whom she would: They were not more liberall, then our Ro­mish divorcers are niggardly: The Jewish divorce being upon unwar­rantable cause, made their liberality [Page 313] so much more sinfull, as their di­vorce was more unjust: for the di­vorced woman was still in right the lawfull 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 expresly 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, [Page 314] so as it might be lawfull to di­vorce only for fornication, but not to marry after divorce; cannot stand without a supply of words of his own, which God never alow'd him to intersert; and besides utterly de­stroies the sense; casting such a do­ctrine upon our Saviour, as he would hate to own; for except that restraint be refered 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 marryage 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 then adultery: thereby enfor­cing, that upon a just dismission for fornication, a second marriage can­not be branded with adultery.

[Page 315] Neither will it serve his turne, which he would borrow from St. Augustine, that upon this negative of our Saviours, 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, & marrieth another, sinneth; yet it followes 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 sinne; it must be against a commandement; and if against any commandement, it must be against the seventh; and what is the seventh cōmandement, but Thou shalt not commit Adultery? Besides, the Pharisees question [Is it lawfull for a man to put away his wife for every cause?] was not without a plaine implication of liberty to mar­ry another; which our Saviour well knowing, gives a full answer as well [Page 316] to what he meant, as what hee 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 expresse not, yet it must bee fetcht necessarily from the third; since it is a sure & irrefragable rule; That all four Evangelists make up one perfect Gospell, It is therefore a very tottering and unsure ground which our Rhemists build upon; as if the Apostle meant to crosse his Lord and master, when hee saith, The wo­man which hath an husband is bound by the Law to her husband, so long as hee liveth, Rom. 7. 2. therfore only death can dissolve the bond of marriage; not divorce, not adultery, not di­vorce for adultery: For how plainly doe the words carry their answer in themselves:^* The woman (saith the [Page 317] Apostle) that hath an husband: but the woman legally divorced for for­nication, hath no husband: S. Paul speakes of a true wife, not a divorced harlot: hee had no occasion here to look aside at matter of divorce, but takes marriage as in its intire right; rather desiring to urge (for cleering 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 therfore, which is so much stood upon, if it be taken without all relations to the duties of bed and board; it is meerly Chime­ricall; nothing but fantasie. There are, or should bee Bonds of affecta­tion; Bonds of mutual respects, and reciprocall duties betwixt man and wife, and these must hold firme not­withstanding any locall separation; neither time, nor place may so much [Page 318] as slacken, much lesse loose them: but where a just divorce intervenes, these bonds are chopt in peeces, and no more are, then if they had never beene: And if all relations cease in death (as they doe, in whatsoever kind) surely divorce, being (as it is) no other then a legall death, doth ut­terly cut off (as the hebrew term im­ports) all former obligations and respects betwixt the partys so finaly separated.

The adulterous wife therfore 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 speake to him as to any other; when he saith: Ne­verthelesse 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. [Page 319] 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 bee forced to live with an adultrous consort; or be ty­ed to a perpetuall 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 bee 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 & sub­misse repentance; That which is the Apostles charge in case of desertion, holds here also, [ [...]] let her [Page 320] be reconciled; the more hainous 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 tels us all cannot receive it, Mar. 19. 11. hee must not only give it, but give us po­wer to take it.

But where the offending party is obstinately vicious; & the innocent (after all endeavors) unable to con­tain, without a supply of marriage, the case is remedilesse; and we know Gods 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, [Page 321] that in the case of divorce it is lawful for the innocent person to marry; But for that I finde the^* Church of England hitherto somwhat tender in the point; and this practice, where it rarely falls, generally held, though not sinfull, yet of ill report, and ab­noxious to various censures; I should therfore earnestly advise and exhort those whom it may concerne, care­fully and effectually to apply them­selves to the fore-mentioned reme­dies; Reconciliation, if it be possible, to prevent a divorce; Holy endea­vors of a continued continence (if it may be obtain'd) to prevent a second marriage after divorce: But if these prevail not, I dare not lay a load up­on any mans conscience which God hath not burdened; I dare not en­snare those whom God will have free.

CASE IV.
Whether the authoritie of a Father may reach so farre as to command or compell the Child to dispose of him­self in Marriage where hee shall ap­point.

THe extent of a paternal power, as we have partly shewed alrea­dy, hath been wont to be very large; reaching in som cases by the Civill 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 seemes 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 awfull authority in matching their children for their own worldly advantage, contrary to their affections and dis­position, [Page 323] 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 perpetuall discontentments to the parties so forcedly conjoyned; an ut­ter frustration of the end of mariage, which should be mutuall comfort: and not seldome, dangerous machi­nations against the life of the disaf­fected consort; as it were too easie to instance every where; but especially if the affections of the yong couple have been before (as it oft falls out) placed elsewhere; what secret heart burnings; what loathing of conjugall society; what adulterous plot­tings doe straight follow; what un­kind defiances passe between them? how do they weare out their days in a melancholick pining, & wish each other, & themselves dead too soon? Yea herin an imperious or covetous [Page 324] parent may be most injurious to him selfe, in robbing himselfe of that comfort which he might receive from a dutifull child in her person, in her posterity; for the avoiding of which mischiefs it were meet & 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 ther­fore that hee ought to labour by all means to bring his heart unto a con­formity to his parents will & desire, according to that universall rule 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 unlawfull passe for impossi­ble; we only can doe what we ought. [Page 325] In all those things then which are ho­nest, lawfull, 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 then a kind of domestique rebellion.

Let the parent again consider that the child however derived from his loins, is now an entire person in him self; that though the body came from him, yet the soule 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 in wardly swayed by his parents will or affections; that when his reason coms to be improved, there may bee diffe­rences of judgement betwixt his pa­rent and him, and from thence may [Page 326] arise a diversity or contrariety of af­fections and desires; and these affecti­ons and passions may grow to such strength as that he himselfe sh [...]ll not be able to ma [...]ter them; and if the parent feele himself subject to such infirmities, well may he be induced to pity those whom a vigorous heat of youth hath rendred more head­strong and unruly; withall, let him consider that though the child shold be advised by the parent, yet it is fit that he should like for himselfe; 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 can not 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, pro­voke [Page 327] not your children to wrath (or (as the^* 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 streame of love into another channell; For the avoiding whereof the imperiall lawes have been so indulgent to the child; as that (according to their best glosses) they permit not the father to disinherit the daughter for chosing an husband not unworthy of her self, though a­gainst her fathers [...] mind; yea some of them have gone a step further: but I forbeare: How far it may be lawfull and fit for the parent to puni [...]h the disrespect of a child; in so important a case, is not for me to determine; doubtlesse where the provision is [Page 328] 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 doe justly of­fend, if without cause, or wilfully they refuse the parents choyce; and are in duty bound to worke their hearts to an obedient subjection to those, unto whom they owe them­selves; and for this cause must bee wary in suffering their affections to over-runne their owne reason, and their parents guidance; eyther sup­pressing the first motions of unruly passions, or if they grow impetuous, venting them betimes into the ten­der eares of their indulgent Parents, or discreet and faithful friends; that so they may seasonably prevent their own misery, and their parents grief: On the other side the parent shal of­fend, [Page 329] if holding too hard an hand o­ver the fruit of his own body, he shall resolve violently to force the childs affections to his own bent; & where he finds them setled wil rather break then bow them; not caring so much to perswade as to compell love: These harshnesses have too much of Tyranny in them to be incident to a Christ an parent; who must transact all these matrimonial affaires in a smooth & plausible way of consent & indulgence: A noble and ancient pattern whereof we find in the con­tract betwixt Isaac & his Rebecca, Gen. 24. 49, 50, 51, 52, &c. the match was treated on betwixt Abrahams proxie, and the maids father Bethuel, and her brother Laban: The circumstances drew their full consent; all is agreed upon betwixt parents; but when all this is don, nothing is don till Rebecca have given her assent; they said, Wee will call the damsell, and enquire at her [Page 330] mouth, ver. 57. And they called Re­becca, and said unto her, Wilt thou goe with this man? And she said, I will goe. ver. 58. Now the contract is made up; till then, all the engage­ments of Bethuel and Laban were but complements; Till then, all the rich Jewels of Gold and Silver given to the intended Bride; and all the pre­cious things given to her mother, & brother, were but at the mercy of the receivers; Neither ought it to be other in all Christian espousals; the free and cheerfull consent of parents and parties makes the match both full and happy; Let not the Childe dare to crosse 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 & neg­lect, without their utter undoing.

CASE V.
Whether the marriage of Cousens Ger­mans, that is, of Brothers or Sisters Children, be lawfull.

THe displeasure of the Canon law against such marriages is so high flowne, that no lesse can take it off then an utter diremtion of them even though they be not ratified on­ly, but consummate by carnall knowledg: and the grave authority of some ancient and holy Fathers, and eminent Doctors of the Church (besides five severall Councels) have passed an hard sentence upon them. The maine ground of the supposed unlawfulness, is, that clause of Gods Law which was more then judiciall: No man shall approach unto any neere of kin to his flesh to uncover their nakednesse; I am the Lord, Levit. 18. 6. Which though Cor­nelius [Page 332] à Lapide ^* (following his Ra­dulphus) would seeme to restraine to the ensuing particularities onely; yet they may not think that God will suffer so universal a charge to be so straitly pent, especially, when we know that there are divers other no lesse unlawful copulations omitted in this black Roll of uncleannesses, then those which are expresly 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 sexe were not meant to be comprehended, females should be lawlesse, and the lawe im­perfect; To marry then with a Cou­sen-german is apprehended by these Canonists to be an approach to one neare kinne to our flesh; and there­fore [Page 333] intimated in that inhibition: Doctor^* Willet (a man much deser­ving of Gods Church) conceives these marriages to bee 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 lawfull for a man to marry his wives daughters daugh­ter (Levit. 18. 17.) why should not the line of consanguinity hold to the fourth degree likwise; and so neither the sonne to marry his fathers bro­thers daughter; or the daughter the sonne? 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 collaterall consanguinity, the o­ther is in a directly descending affini­ty; so as the husband should bee grandfather in law to the wife, which [Page 334] in all reason were very unlawful, and absurd; since in all those descending degrees there is a kinde of reveren­tial inequality betwixt the lower and superiour, which abhorres 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 neerenesse of approach to our flesh be a just bar to them, must be further considered.

Gregory ^*, (whom some would faine interess in our English Apostle ship) writing to his Augustine, in way of answere to his Interrogations puts these mariages in the same rank with the marriages of brothers and sisters, which hee brands with this note, that they seldom ever prove [Page 335] fruitfull; As for those of brothers and sisters (which were usual, as Dio dorus Siculus tells us) amongst the Egiptians, and are this day in use in barbarous nations) nature it selfe 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 hu­mane 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 compasse, were forced, unlesse they would joyne with Infidels, to match somtimes over-neer to themselves; as even Abraham himself, the father of the faithfull, married his brothers daughter: but when the bounds of men and beleevers came to be enlarged, the greater elbow room opened a wider liberty of choice; and now [Page 336] Gods 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 free-dom in this kind.

What neede I to urge the case of Zelophehads five daughters, Num. 36. 11. who by Gods own approbation, were married to their fathers bro­thers sonnes; To mince the matter, and to make these sonnes, nephews, according ao the Hebrew phrase (as Doctor Willet indeavors to doe) is without either need or warrant; since these scruples were not since that time stood upon by the Jewish peo­ple: yea this practise was no lesse current among the civiller hea­thens of old; I could tell you of [Page 337] Cluentia ^* (by Ciceroes relation) mar­ried to her cousen Marc. Aurius; of Marcus Antonius the wise and vertu­ous Philosopher, marrying his cou­sen Faustina, and a world of others: were not this labor saved me by the learned lawyer Hotoman; who tells us how universall this liberty was of old, as being enacted by the lawes of the Roman Empire; and descen­ding to the lawes of^† Justitian; con­fidently affirmes that for five hun­dred yeeres, all Christian people (magno consensu) allowed and fol­lowed these Imperiall constitutions concerning Matrimony: Although I might here put him in minde of Theodosius enacting the contrary in his time; as it is like, by S.^* Ambroses instigation; who then sharply in­veighed against these matches in a [Page 338] vehement epistle to Paternus, being then in hand with a marriage be­twixt his son & his sisters daughter: But excepting that good Emperour, the coast was cleare 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 Latine fathers) if no other, doe bitterly oppose it: This judgement being found not probable only, but exceeding profitable to the Roman See, it is no wonder if it obteyned both credit and vigour from thence. Decrees & Decretals make this inhibition good, not without damning the contrary practise; and now the Civill and Canon lawes 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 it self in the restraint of marria­ges, [Page 339] and upon what ground; all Christendom both sees and feeles: One while their prohibition reaches to the seventh degree in natural kin­dred, then to the fourth: One while the impediment of spirituall cogna­tion, is streched so far, without any colour of divine authority, as that (what by^* Baptisme, what by Con­firmation) twenty severall persons are excluded from the capacitie of intermarriage: Anotherwhile the market is faln to fourteene: And wherefore this? but for the sweet & scarce valuable gaine of Dispensati­ons, upon these occasions flowing in to the Lateran treasure? For which considerations wee have learned not to attribute too much to the judge­ment or practise of the Roman cour­tiers in this point. Upon the sūming [Page 340] up then of this discourse, will you bee pleased to see the vast latitude of different opinions concerning these marriages? The Canon lawe decryes them with such rigour, as to ordain them (though after a con­jugall conversation) separated; some moderate Divines (as Doctor Willet) finding this sentence too hard, go not so far; but hold this neerness of blood a sufficient bar to hinder a marriage contracted, though not consummate: som others (as Mr. Perkins in my conference with him) hold it, though not unlawfull, yet in­convenient: som others (as learned and accute M. Wootton, and M. Atter­soll) who have written a very large discourse in way of vindication of them) hold them both lawfull, and not inexpedient;^* Hotoman yet high­er, pium & Christianum esse, quod du­arum [Page 341] sororum liberi matrimonio copulentur; that such a marriage is pious and Christian: In all this variety if you desire my opinion, I shall ney­ther censure such marriages where they are made, nor yet incourage them to be made where they are not: to those that are free I should be apt to suggest counsails of forbearance, the world is wide, the choice abun­dant; let it be never so lawfull, yet how unwise and unsafe were it to put the conscience upon the nicety of a dangerous scruple, when it may kee [...]s aloof off with a cleere freedom and resolute contentment? That these marriages are disallowed by so great authority, should bee reason enough to divert the free thoughts to a safer election; and againe, that these mar­riages are allowed both by Civill lawes, and by the judgement of emi­nent Divines; and not any where forbidden eyther (Jure Caesareo or [Page 336] [...] [Page 337] [...] [Page 338] [...] [Page 339] [...] [Page 340] [...] [Page 341] [...] [Page 342] Apostolico) by Gods law or Caesars; should be reason enough to bear up the hearts of those who are so matched, from a scrupulous dejection. Let the persons therfore so married en­joy themselves with mutual complacency and comfort, not disquieting themselves with needlesse 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 walke close to the brimof a steep precipice, look well to their feete and tread sure, and so they may come off perhaps as safely 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 neere to the brink of danger.

CASE VI.
Whether it is necessary or requisite there should be a witnessed contract, or espousals of the parties to bee Mar­ried, before the solemnization of the Marriage.

IT is necessary wee should distin­guish betwixt those things which are essentiall to the very being of marriage, & those which are requi­site to the orderly and well-being of it: It may not be denyed that the marriage is true & valid, which with full consent of parties is made with­out the intervention of a previous contract in a due & lawful form pre­scribed by the Church: but it is no less true that such a marriage is very unmeet, & liable to just exceptions: That^* God, who is the author & in­stitutor of marriage made a diffe­rence [Page 344] in his law, betwixt a betroth­ing & 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 practise of Gods ancient people accordingly, so we finde the 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.^† 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. Loe hee hath betrothed them to Christ in that he had entred them into a Covenant of grace, and pre­pared their soules for a full consum­mation of their blessed union with [Page 345] Christ in glory, intimating (as Ma­trimony is a lively resemblance of our spirituall conjunction with the Lord of glory) that our bodily espousalls here below, are they which must make way for a complete mar­riage ensuing: It were not difficult, if it were needfull, to deduce this holy practise downe from the primitive times to the present: Before the Ni­cene Councell we find the Synod of Ancyra ^* enjoyning a severe penance to the man that should defile his bo­dy by an incestuous copulation, after espousalls contracted: And the Councell of Eliveris or Granado, a­bout the time of the Nicene conventi­on, takes such notice of these betro­things, as that it decreed^†, that if any Parents should break the faith mutually engaged in these espousals, they should bee held off during the space of three yeeres from the Com­munion. [Page 346] What should I trouble you with the Decree of^* Syricius concerning these contracts; or with the pregnant testimonies of S. Chrysostom and Ambrose to this purpose; which were but to wast time & paper upon so cleere 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 faln 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 quarels arising herefrom, it is to bee feared their consistories would want work, and their Advocates imploy­ment: But to speake ingenuously, [Page 347] those of the Roman Clientele are not more careful & punctual in scan­ing, and observing the rules and practise of their espousals, then ours here are incurious of both: How many have we heard to say, they wil make no promise of themselves till they come to the Church-dore? and of those that doe contract them­selves, how weakly & 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 indure a contesta­tion.

Now whereas there is a double contract or espousall, the one of the future; the other of the present: that of the present, if it bee expressed in ful termes, differs nothing from marriage it self, save only in the publick solemnization; which doubtlesse is a ceremony so requisite, as that with­out it an horrible confusion must [Page 348] needes follow both in Church and State.

That of the future, is a mutuall 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 mutuall consent to a Matrimony that shall bee; and yet withall some meet respiration of a more full triall and inquiry into each others condition: For which purpose the wisdom of the Church hath ordained that there should be a solemne publication of that more private Contract three severall Sab­baths, to the whole Congregation; not with ur the earnest charge of a discovery of whatsoever impedi­ment might justly hinder the inten­ded matrimony.

The frequent, but unfit, use of these espousall-Contracts in the Ro­man Church, betwixt their children [Page 349] in minority (allowing^* seven yeers in eyther parry for a meete 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 bee most expedient for themselves, this institution cannot be but singularly usefull & beneficiall: For neither is it meet that so great a work, and so highly importing us as matrimony, should bee rashly and suddainly undertaken; neither doth it a little conduce to our safety, that since marriage once passed is irreversible, we may have som breathing-time betwixt our promise and ac­complishment to inform our selves throughly before it bee too late, what we must trust to for ever. For we may take notice, that though marriage [Page 350] 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 a full and compleat solemnization, which may break off the match.

The Casuists determine of seven­teen severall cases, at the least, which may sort to this effect; som 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 tra­vaile of one of the parties into re­mote [Page 351] coun [...]ries, and not returning up on a lawfull summuns at a time pre­fixed by the Judge: By an affinity supervening upon the sinfull copula­tion of one of the parties with the near kinswoman of the other: By the absolution of the Judg 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 Palsie, leprosie, the Neopolitan 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 som capitall 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 [Page 352] a Canonicall impediment, By susception of Orders after conrract; By the supervention of a legall kindred, in­expected; By the harshnesse 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 beene sooner knowne would have prevented the making of such a contract; All these say they, may bar a marriage after espousalls: 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 Ecclesiasticall; and submit themselves to the over-ruling sen­tence of the Church.

If you balk those which are pro­per to the Romish superstition, yet you shall finde many just and allow­able causes which may (after a con­tract of espousall) interrupt a purpo­sed [Page 353] 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 our selves ere wee knit the knot that can never be loosed.

CASE VII.
Whether there ought to bee 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 [Page 354] 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 marriage-bed not onely may, but must bee 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 destin'd to an holy use, the Jewes of old held this act done in the field or under a tree, worthy of scourging: Doubtlesse^* 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 your selves to fasting and prayer: 1 Cor. 7. 5. [Page 355] So then as Solomon himselfe can say, There is a time to embrace, and a time to refrain from embraceing. Ecclus. 3. 5. But what the limitation of this time may be, no small question hath been raised in the Church of God: ney­ther doe there want extremities on both sides: The Church of Rome hath heretofore been excessively large in her prohibitions; forbiding the solemnization of marriage upon pretence of the holiness of the great feasts to be observed; for the whole third part of the yeere; neither doth the account fall lesse, if we reckon from the Advent to the Epiphany; from Septuagesima Sunday to the Octaves of Easter; and from three dayes 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 foure Ember weekes by others; but now of late upon se­cond [Page 356] thoughts, their Councell of 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 Nativitie, and abridged some pre­vious weekes of the former: and for us how observant our Consisto­ries had wont to bee of those inhibi­tions for their own gain, every Al­manack can witnesse. Some worthy Divines in our Church did not stick to professe 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 wee or they doe put any holinesse in the time ex­empted, or any unholiness in the act inhibited, we cānot be excused from superstition, Can any time be more holy then Gods owne day? yet on [Page 357] that day wee doe commonly both publish marriages, and celebrate them. But if, as in some solemne fasts, indicted by the Church for some publique humiliation, we both doe, and injoyne to abstaine from all conjugall society; so in a desire the more dovoutly to celebrate the me­mory of Gods infinite mercy to man kinde 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 our selves from all worldly cares or delights, I see not why it should not be both lawfull 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 lesse 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 [Page 358] carnality of many (otherwise inoffensive) professors. It is a com­mon practise (which I have long wisht an oportunity 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 moneths are enow 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, wee shall find not among Gods peculiar people only, but even amongst the very Heathens, a meet (and not nig­gardly) intermission betwixt the de­cease of the one husband, or wife, & the marriage of another: A whole yeer was found little enough for the wife to mourne for her husband de­parted: and so is still amongst the very Chineses, though Atheous Pa­gans; ^* [Page 359] And by the civill Lawes, a woman marrying within a yeer after her husbands death is counted in fa­mous.

It was no short time that^* 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^† 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 sonne Isaac (Gen. 24. 67.) was not comforted concerning the death of that his good mother, till three yeers after her decease: At which time he brought his Rebecca into that tent which even still retayned the name of Sarahs: whereas with us, after the profession of the greatest deerenesse, [Page 360] the old posie of the deaths-ring tells what we may trust to; Dead and for­gotten: Who can but blush to read that some Heathens were faine to make lawes that the wife might not be allowed to continue her solemne mourning for her husband abve 10 moneths; and to see that our women had need of a law to inforce them so to mourn for the space of one?

In other Reformed Churches there is a determinate time of months set, untill the expiration whereof wi­dowes (especially the younger) are not suffered to marry; it were more then requisite that these loose times were, here with us, curbed with so seasonable a Constitution; but it were yet more happy, if a due regard of publique honesty & Christian modesty could set bounds to our inordi­nate desires; & so moderate our affe­ctions, that the world may see we are led by a better guide then appetite.

CASE VIII.
Whether it bee necessary that marriages should be celebrated by a Minister; and whither they may bee valid, and lawfull without him.

IT is no marvell if the Church of Rome (which holds matrimonie a Sacrament, conferring Grace by the very work wrought) require an ab­solute necessity of the Priests 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 neede to stand upon the terms of a Ministers agency in the performance of that solemn action: There are those in these wilde times that have held it sufficiently lawful for the parties having agreed upon the bargain before friends and witnesses, to betak themselves to bed [Page 362] others have thought this act of con­joyning the married persons in wed­lock a fitter act for the Magistrate to undertake. And certainely if there were nothing in marriage but meere nature, it could not bee amisse that men and women should upon their mutuall agreement couple them­selves together after the manner of brute creatures; And if there were nothing in mariage but meer civility the Magistrate might be meet to be imployed in this service: But now that we Christians know matrimony to be an holy institution of God him selfe: which hee not only ordained, but actually celebrated betwixt the first Innocent payre; and which be­ing for the propagation of an holy seed, requires a speciall 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 [Page 363] heads? From hence therfore have our wholsom lawes taken a just hint to appropriate this service to a law­full Minister only: so as what ever private contract may bee transacted in corners betwixt the parties affe­cted to each other, yet the marriage knot cannot be publiquely quit by a­ny other hand then Gods Ministers. And herein certainly wee have just cause to bless the wisdom both of the Church and State, which hath so regulated these matrimoniall affairs; as that they are not only orderly but safely managed: For doubtless were not this provision carefully made, the world would bee quite over-run with beastliness, and horrible confu­sion: And in this point we may well give the Church of Rome her due, & acknowledge the wise care of her Lateran and Tridentine Councells, which have enacted so strict decrees against clandestine Marriages, and [Page 364] have taken so severe a course for the reforming of many foul disorders in these matrimoniall 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 snuffe: As therfore it is ge­nerally both decreed and observed (not without excellent reason) in all Christian Churches, that marriages should be solemnized in the publick Congregation of Gods 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; & the mouth of God to the Congregatton; And, as under the Law, the Priest was the man, who must conveigh blessings from God to his people; so under the Gospell 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 [Page 365] charge) made in the Lord, who is so meet to pronounce Gods ratificati­on of our marriages, as he who is the profest Herald of the Almighty? As it is therefore requisite (even accor­ding to the Roman Constitutions) that hee who is betrusted with the Cure of our soules, should besides o­ther witnesses be both present & a­ctive in, and at our domestique con­tracts of matrimony: so by the laws both of our Church and Kingdome, it is necessary he should have his hand in the publique celebration of them. There may then be firme con­tracts, there cannot be lawfull mar­riages without Gods Ministers.

CASE IX.
Whether there bee any necessity or use of thrice publishing the contract of mar­riage in the Congregation, before the Celebration of it; and whether it bee fit that any dispensation should bee granted for the forbearance of it.

THere were amongst the Jewes certain ceremoniall Observati­ons (besides the precepts) which they called the hedg 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 Gods lawes from violation: Of that kind is this which we now have in hand; This publique and reiterated denun­ciation of^* Bannes before matri­mony, [Page 367] is an institution required and kept both by al 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 wholsom a Rite: sixe severall^* Canons were made in our Provinciall Synod un­der the authority of King James of blessed memory in the yeer 1603. to this purpose, with as strict charges, restrictions and cautions, as the wit of man could in this case de­vise; and the late Directory hath found cause to second so usefull and laudable a Constitution: For the convenience, if not necessity, where­of, we need no other argument then the grievous mischiefes that have followed upon the neglect of this ordinance; that one were enough, which is instanced by the Triden­tine [Page 368] ^* Synod it self; that some leud persons having secretly married themselves to one, take liberty to leave that match, and publiquely joyne themselves to another, with whom they live wickedly in a perpe­tuall adultry; the frequent practise whereof in those hotter climates we may easily beleeve; when wee see that in our own more temperate re­gion, the feare of hanging cannot hold som off from so foul a sin. Let me add hereunto the late experi­ments of som 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 the Church; And hereup­on the sad issue of stoln Marriages, wherein Parents have been most fe­loniously robbed of their Children, are roo feelingly known, & irreco­verably [Page 369] lamented: But as for unfit­ness and inequality of matches, both for age and condition (to the too late repentance and utter undoeing of both parties) they are so ordinary, that they are every dayes Occurren­ces: And all these evils have sensi­bly grown from the want of these publique denunciations 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, 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 Episco­pall authority; and security to bee [Page 370] given upon good bonds that the coast is cleere from all precontracts, suits of law, and prohibited degrees; that the full consent of parents or Guardians is had; that the marriage shall bee celebrated in the parish Church where one of the parties dwelleth; and lastly the oathes re­quired of two sufficient witnesses (one whereof known to the Judge) that the expresse consent of parents or Guardians goes along with the match intended; and that there is no impediment from any pre-contract, kindred or alliance: Yet notwith­standing all this prudent caution we have by wofull experience found our offices cheated, facultys corrupt­ly procured, and matches illegally struck up, contrary to the pretended conditions: Whereas all this mis­chief might have been avoyded, if as no marriage may bee allowed but publick; so tho [...]e publick marriages [Page 371] might not bee 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 ingagements of their chil­dren; and if there be any just hin­drance, eyther by precontract, or by proximity of blood, or affinity, it cannot bee concealed; that so the snare of either an unlawfull or preju­diciall matrimony may be seasona­bly eschued: To this good pur­pose therefore it is no lesse then ne­cessary (as I humbly conceive) to be both enacted and observed, that no marriage should bee allowed of any person whatsoever (except perhaps the Peers of the Realme, who are supposed to bee famously known through the kingdom) without a so­lemn publication of their contracts at three several meetings to the Con­gregation [Page 372] assembled; and that there may no dispensation at al be granted to the contrary upon any whatsoe­ver conditions: And if som pretend bashfulnesse, others feare of malici­ous prevention (as the Tridentine Doctors suggest) yet it is fit that both should vaile in the inevitable danger of those mischievous inconveniences which follow upon these clandestine matches, and silent dis­pensations.

CASE X.
Whether marriages once made may bee anulled, 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 en­quire of the anulling or voiding of marriages made unlawfully: which [Page 373] doubtlesse may bee done by just au­thority upon divers well-grounded occasions: For as it is an indispensi­ble charge, Those whom God hath joy­ned together let no man put asunder; so it no lesse truly holds on the con­trary; Those whom God hath for­bidden to be joyned, let no man keep together.

Our Casuists are wont to bee very copious in this subject, distinguishing betwixt those impediments which may hinder a Marriage from being made, and those which may undoe and void the Marriage once made. They insist upon many particulari­ties of both kinds; and som, perhaps too many, I shall instance only in those of the latter sort which are unquestionable; whereof the first shall be a mis-prison of the match; when one party is mistaken for ano­ther; as when he who by a full con­tract consented to marry with Anne, [Page 374] is by a fraudulent substitution put up on a marriage with Mary; whether upon the likness of the woman, or the want of a discerning sense in the man; or by som cunning conveyance of the perfidious contrivers; for cer­tainly it is the consent that maks the marriage; & if the hearts be not joi­ned together by mutuall agreement & affection, the coupling of the hāds is but a ceremony utterly ineff [...]ctual; I doubt not but it was in Jacobs po­wer to have disavowed the match with Leah, whom his father in lawe had deceitfully obtruded upon him being more injurious in changing his wife, then in ten times changing his wages; since his heart was not ac­cessary to that match, which the darkness of the night, and subtlety of a Lahan had drawn him into.

The like case is in the marrying a bond-woman in stead of a free; a base plebeian in stead of a person of [Page 375] honour: As then we use to say that mis-reckoning is no payment, so we may well affirm that a mis-marriage is no true wedlock; and therfore just­ly to be branded with a nullity.

A second my bee the foedity and unnaturalness of the match; when the parties incestuously marry with­in the first collaterall degree of Bro­thers and Sisters; the very mention whereof, even nature it self, not de­praved, abhorres: so as I cannot but wonder that the Romane Schoole should bee so much divided in this point, whiles^* Bonaventure, Richar­dus and Durand hold such a marriage even by Divine Lawe, 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 therfore that it may be in [Page 376] the Popes power to dispence with so foul a matrimony; Against whom upon better reason,^* Scotus, and Dominicus à Soto prove such marria­ges by the law of nature to be utter­ly void and null; with whom all in­genuons Christians cannot but wil­lingly concurre in their judgments.

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 murther, the other of adultery: The former, when the wife hath conspired with the adul­terer to murder her husband, with an intent to marry the murtherer; or in the like case the husband to mur­ther the wife.

The latter when a man living in a known adultry with another mans wife, contracts matrimony with the adultresse in the life time of her hus­band.

[Page 377] A fourth, is the indissoluble knot of mariage 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 naturall life of the consorts. Many unhappy, and per­plexed cases have we met withall in this kinde; neither doth it seldome fall out, that the husband being con­fidently reported for dead in the warres, or in travell abroad; the wife after some yeers stay, and diligent inquisition, finding the rumor strongly verified by credible testimonies, and tendred oathes, begins to listen to some earnest suitor; and be­stowes her self in a second marriage; not long after which, her only true, revived husband returnes, and chal­lengeth his right in that his lawfull wife; pretending the mis-carri [...]ge of [Page 378] letters and messages sent by him in that forced absence. In this case what is to be done? The woman hath cast her self upon the danger of a Capi­tall law, except shee 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 Ecclesiasticall authority to bee 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 yeeld her self in marriage, and is not perswaded, 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 sixt may be a preceding, irreme­diable [Page 379] impotency, or incapacity of marriage duties; whether naturall, or advantageous; whether by way of perpetuall 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 be­forehand such remediless incapabi­lity of a marriage estate, they shall be highly injurious to each other, and shall fouly abuse the ordinance of God, in their entring into such a condition: for it is apparent, that the main ends of marriage are herein utterly frustrate; which were by Gods appointment, the propagation of mankinde, and the remedy of in­continency; neither of which being attainable 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 [Page 380] of our nation; amongst whom, there are so rare examples of suits in this kind, prosecuted in our Eccle­siasticall Consistories; it is not to be doubted but there are many defects of this nature to bee found every where, yet scarce one in an age offers to complain and call for redresse: so as it seems they are willing to smother all secret deficiencies, in a bashfull silence; whereas those of other warmer regions impatient of the wrongs of their conjugall disap­pointments, fly out into open con­testations, and fearelesly seeke for those remedies which the lawes 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 sexe that are content to bite in their hidden grievances of this kinde, are worthy of double [Page 381] honour from those Consorts, whose injurious infirmities they both have not disclosed, and suffer in suppressing.