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WAR is the State of those that contend by Force, as they are such. Which gene∣rall Description com∣prehends all sorts of War that we shall speak of. For I ex∣clude not here the Private, which indeed hath priority, and without question hath the same nature with the Publique; and therfore may properly be denoted by the
same word. But if the name of War beat any time given only to the Publique, it is as many other generall words are, often applied particularly to that * 1.1 Species that is most excellent.
LAW, taken in the largest sense, is a Rule of Moral Actions, obliging to that which is Right. We say Ob∣liging; For Counsells and other Pre∣cepts, though right, yet not obliging, are not called Laws; and Permission properly is not the Action of Law, but the Nega∣tion of that Action, unless as it obligeth some other not to hinder him that is per∣mitted. We said, obliging to that which is Right, not simply to that which is just; because it pertains not to Justice only, but to other vertues * 1.2. The best division of Law is out of Aristotle, into Natural and Voluntary.
NAtural Law is the Dictate of right Reason * 1.3 shewing moral turpitude,
or moral necessity to be in some act, by its convenience or disconvenience with the Rational Nature: and consequently that it is forbidden or commanded by the Author of Nature, God. The Acts, con∣cerning which is •…•…ant •…•…uch a dictate, are due, or unlawfull of themselves, and therefore are conceived necessarily to be commanded of God, or forbidden. By which note, this Law differs not from hu∣mane only, but from the Divine vo un∣tary; which doth not command or forbid what is by it self and in its own nature, due or unlawfull; but by forbidding makes the thing unlawfull, and by commanding makes it due. For the better understand∣ing of Natural Law, we must observe, some things belong unto it not properly, but reduct vely, viz. the things whereto the Law Natural is not repugnant: So are things called just, which are without in justice. Sometimes also by abuse of the word, the things which Reason alloweth for honest and better than the opposite, although they be not due and necessary, are said to be of the Law Natural. Ob∣serve farther, this Law is not only con∣versant about things not subject to human pleasure, but about many things also which are consequent to the Acts of Mans Will. So the Will of Man introduc'd Dominion, such as is now in use: But, that being intro∣duc'd, the law of * 1.4 Nature tells me 'tis wick∣ednes for me to take away, without thy
consent, that which is under thy dominion. * 1.5 Moreover the Law of Nature is immuta∣ble: yet somtimes it comes to pass that in the Acts determined by that Law, a see∣ming mutation deceivs the unwary; when in truth the Law of Nature is the same, but the matter about which it is, is chan∣ged. For example, If my Creditor ac∣counts the debt I owe him as received, I am not bound to pay: The reason is not, because the Law of Nature is become more indu•…•…gent, & requires me not to pay what I owe; But because by the indulgence of my Creditor the debt is forgiven me. So if God command a person to be slain, or his Goods to be taken away, it will not follow that Man-slaughter or Theft is lawfull; which words include a Vice; but the act is not Manslaughter or Theft which is done at his command who is su∣preme Lord of our Lives and Goods. Last∣ly, there are some things that do not sim∣ply, but in such a state of affai•…•…s, belong to Natural Law: as the common use of things was natural before Dominion was introduced; and before positive Laws, eve∣ry man had right to get his own by force.
AS for that distinction extant in the Roman Law-Books, between the immutable Law, common to other Crea∣tures with men, (cal'd the Law of Na∣ture;) And that which is proper to men a∣lone, (usually called by them the Law of Nations,) it is of very little or no use. For no nature, that hath not the use of ge∣neral precepts, is properly capable of a Law * 1.6. If at any time * 1.7 Justice is at∣tributed to the brute creatures, it is im∣properly, for that there is in them some shadow and print of reason. Whether the act it self, determined by the Law of Nature, be common to us with other creatures, as the breeding up of our Is∣sue; or proper to us, as the worship of God, it is not in this respect mate∣rial.
A Thing is proved to be of Natural Law two ways, à priori, or à po∣steriori. That way of proof is more sub∣til, this more popular. The proof is à priori, if we shew the necessary conve∣nience
or disconvenience of any thing to the rational and social nature; à po∣steriori, if, though not with full certain∣ty, yet very probably, we conclude that to be a point of Natural Law, which is receiv'd for such amongst all, or at least the most civil Nations. For an univer∣sal effect hath an universal cause; and of so generall an opinion, there can hardly be any other cause, but sense it self which is called common * 1.8. But I said, with good reason, the * 1.9 more ci∣viil Nations; for as the Philosopher hath it, * 1.10 What is natural we must judge by those in whom nature is least corrupt, and not by the depraved. * 1.11
THe other kind of Law is Voluntary, which draws its original from the will. And this is either Divine, or Hu∣mane Law. We begin with Humane, be∣cause more known. And this is either Civil, or of larger extent, or of less ex∣tent than Civil. The Civil Law is that which proceeds from the Civil power. The Civil Power is that which rules the Common-wealth. And a Common-wealth
is a society of Freemen united for their common benefit. The Law of less extent, and that comes not from the Ci∣vil power, though subject to it, is vari∣ous, conteining the precepts of Fathers, Masters, and such like. That of larger extent is the Law of Nations, i. e. which by the will of all, or of * 1.12 many nations hath received force to oblige. I adde, of many, because there is scarce found any Law, besides the Natural, (which is al∣so called the Law of Nations) common unto all. Y•…•…a, oft-times in one part of the world, there is not the same Law of Nations as in another: as we shall shew hereafter. This Law of Nations is pro∣ved in the same manner with the un∣written Civill Law, by continual use and the testimony of skilfull men. And to this purpose Historians are of singular profit.
VOluntary Law Divine (as the words at first sound inform us) is that which hath its rise from the will of God; whereby it is distinguished from Natural Law, that may be also, as we have said, entituled Divine. Here hath place that indistinct * 1.13 saying: God wills it not, because 'tis just; but 'tis just, (i. e. due in Law) because God wills it. This Law was given either to mankind,
or to one people; thrice to mankind; presently after the creation, again in the restauration after the floud, lastly in that more sublime restauration by Christ. All these Laws doubtless oblige all men, after they have sufficient notice of them.
THe Hebrews were the only people in all the world, to whom God pe∣culiarly gave his Laws, as Moses, and the Psalmist tell them. And certainly * 1.14 those Jews are out (one is Trypho in his disputation with Justin) who think all strangers, if they will be saved, must take upon them the yoke of the Hebrew-Law. No Law binds them to whom it was not given; To whom this Law was gi∣ven, the Law it self speaketh, Hear O Israel! With them the Covenant is made; They are taken for a peculiar people of God, as Maimonides confesseth, and proves out of Deut. 33. 4. Amongst the Hebrews indeed there alwaies lived some strangers * 1.15 that feared God, such as Cor∣nelius, Acts 10. and the worshipping Greeks, Acts 17. These, as the Hebrew Masters say, were bound to observe the Laws given to Ad•…•…m, and to Noah, namely to abstain from Idols and from blood: but to the proper Laws of the
Israelites they were not bound. The Prophets when they Preacht unto the Gentiles never imposed on them a ne∣cessity to submit to Moses Law. And the Jews in * 1.16 Josephus said well, that God might be worshipt and his favour obteind without circumcision * 1.17. For, the reason why many strangers were circumcised, and by circumcision bound themselves to the Law (as Paul explains it) was to procure the Privileges of that Common-wealth (for such Proselytes * 1.18 had the same right with native Israe∣lites) and to partake of those promises which were not common to mankind, but peculiar to the Hebrew people. Ye•…•… I deny not, in after times it grew to an erronious opinion in some, as if without Judaisim were no salvation. That we are bound by no part of the Hebrew Law, as it is properly Law, we collect hence, because all obligation, except by the Law of nature, comes from the will of the Law-give•…•…: but, that it was the will of God, others besides the Israelites should be holden by that Law, we have not the lest intimation. Wherefore, as to us, there is no abrogation of that Law; for how could it be abrogated in respect of them whom it never obliged? From the Israelites indeed is the bond taken off, as to Rituals, presently after the first publication of the Gospell (which was revealed to Peter Acts 10.) and as to
other points, after that people by the o∣verthrow of their City and their utter desolation, without all hope of restitu∣tion, ceased to be a people. But, for us foreiners, we obteined not this by the comming of Christ, to be freed from Moses Law: but, we who before had only an obscure hope placed in the good∣ness of God, are now susteined with a perspicuous Covenant, and the Hebrews Law, the partition Wall between us, being taken away, we are incorporated with them into one Catholick Church.
NOw, seeing the Law given by Mo∣ses cannot induce upon us a direct obligation, as we have shewed; let us see what other use it may have, both in this of War, and other the like questions. To know this is very usefull to many purposes. First then, the Hebrew Law doth manifest, that which is commanded in that Law not to be against the Law of Nature. For, the Law of Nature, as we have said, being perpetual and immutable, it consi∣steth not with the justice of God to com∣mand any thing contrary unto it. More∣over, the Law of Moses is called pure and right by the Psalmist; and, by the A∣postle, * 1.19 holy, just and good. I mean the
precepts; for, of the permissions we must speak more distinctly. Legall permission (for that which is meerly of fact, and signifies removal of the impediment, is not pertinent here) either is plenary, which gives a right to do a thing law∣fully; or less than plenary, which on∣ly gives impunity among men, and a right that no other can lawfully hinder the doer, From the former permission, as from a pr•…•…cept, it follows, that the thing permitted is not against the Law of Nature: not, from the later. But this consequence seldom is of use: be∣cause, the permitting words being am∣biguous, we must rather, by the Law of Nature, interpret what kind of permis∣sion is meant, than from such a kind of permission prove it to be the Law of Nature. Our second observation is, That it is now lawfull for Christian Gover∣nours to make Laws of the same sense, with the Laws given by Moses: unless the whole substance of any Law con∣cern the time of Christ exspected, and of the Gospel not yet revealed; or, un∣less Christ himself, either in general or in special, hath ordained the contrary. For, no other reason can be ima∣gined, why any of Moses constitu∣tions can be now unlawfull. A third observation's this: Whatsoever pertai∣ning to the vertues Christ requires of his Disciples, is given in precept by Moses,
the same is now also, if not more, to be perform'd by Christians. The ground of this observation is, that the vertues re∣quir'd of Christians, as Humility, Pa∣tience, Love, are requir'd in a greater degree * 1.20 than they were in the State of the Hebrew Law. And justly, because al∣so the heavenly promises are much more clearly proposed in the Gospel. Hence, in comparison of the Gospel, is the old Law said to have been neither perfect nor faultless; and Christ is call'd the end of the Law; and the Law a School∣master to bring us unto Christ. So, that old Law of the Sabbath, and that other of Tithes * 1.21 do shew, that Christians are oblig'd to separate no less than a seventh part of their time for Gods service; nor less than a tenth of their fruits, for the maintenance of his Ministers, and the like pious uses.
WE said afore, when the question is about the Law of Nature, the * 1.22 meaning is, whether a thing may be done, not unjustly: and, that is un ust which hath a necessary repug∣nance to the rational and social Nature. Now, among the first principles of Na∣ture, there is nothing repugnant unto War; there is much in favour of it. For,
both the end of War, the conservation of life and members, and the keeping or acquiring of things usefull unto life, is most agreeable unto those principles: and, if need be, to use force to that purpose, is not disagreeable, since every living thing hath, by the gift of Nature, 〈◊〉〈◊〉 strength, to the end it may be able to help and defend it se•…•…f. Galen * 1.23 saith, that Man is by nature fitted for Peace and War; though comming into the world unarmed, yet he hath a hand fit * 1.24 to provide and to handle arms; which also Insants, we see, of their own ac∣cord without a teacher make use of for a weapon. So Aristotle * 1.25 saith, the hand is to man instead of a spear, of a sword, of any arms whatsoever; because it can * 1.26 take and hold all. Moreover, Right rea∣son and the nature of society inhibites not all force, but that which is repug∣nant to society, that is, which depriveth another of his right. For the end of so∣ciety is, that by mutual aid every one may enjoy his own. This were so, al∣though the Dominion and propriety of possessions had not been introduced; for life, members, liberty would yet be pro∣per to every one, and therefore could not without injury be invaded by any other. And, to make use of what is common, and spend as much as may suffice nature would be the right of the occupant. Which right none could
without injury take away. This is more plain, since by Law and use Dominion is established: which I will express 〈◊〉〈◊〉 Tullies words: If every member shoul•…•… * 1.27 think to gather more strength by draw∣ing to it self the strength of the member next it, the whole body must needs 〈◊〉〈◊〉 weakned and destroyed: So, if every one of us snatch unto himself the commodi∣ties of other men, and draw away from every one what he can to advantage himself, humane society cannot stand. Nature gives leave to every man, in the acquisition of things usefull, to supply himself before another; but by the spoili of another to encrease his own store, that nature doth not permit. It is not then against society to provide for one self, so that anothers right be not diminished: nor is that violence unjust, which doth not violate the right of another, as the same Author saith: Of the two kinds of contention, by debate, and by force, the one agreeing to men, the other more becom∣ing beasts, we must fly unto the later, when the former will not serve. And elsewhere: * 1.28 What is there that can be done against force, but by force? Ulpian saith: Cassius writes, that it is by nature lawfull to repell force by force; and arms by arms. * 1.29
THis is further proved out of the sa∣cred History. For when Abra∣ham having armed his servants and friends, pursued the four Kings that had spoiled Sodom, and returned with vi∣ctory, God by his Priest Melchizedeck approv'd his action. Blessed be the most high God, said Melchisedeck, who hath * 1.30 deliver'd thine enemies into thine hand. Abraham, as appears by the story, had taken Arms without any special com∣mission from God: therefore the Law of Nature was his warrant, whose wisdom was no less eminent than his sanctity, even by the report of aliens, namely of Berosus and Orpheus. The History of the seven Nations, whom God gave up to be destroyed by the hand of Israel, I shall not use: because there was a spe∣cial mandate to execute Gods judge∣ment upon people guilty of the greatest crimes; Whence, in the Scripture, these VVars are properly called the VVars of God, undertaken by his command not by humane Coun•…•…el. It is more perti∣nent, that the Hebrews, under the con∣duct of Moses and Joshua, when they were opposed by the Amalekites, re∣pulsed them by Armies. The Action was * 1.31
not set upon by Gods command, yet was it approved by him after it was done. Moreover, God hath prescribed to his people general and perpetual Laws of waging VVar, thereby shewing, VVar * 1.32 may be just even without his special mandate. For he doth plainly distinguish the cause of the seven Nations from the cause of other people: and prescribing nothing about the just causes of entring into VVar, thereby shews them to be manifest enough by the light of nature, as t•…•…e cause of defending the frontiers in the VVar of Jephtha against the Am∣monites; and the cause of Embassadors * 1.33 violated in the VVar of David against * 1.34 the same. It is also to be noted, which the divine writer to the Hebrews saith, that Gedeon, Baruc, Sampson, Jephtha, David, Samuel and others, by Faith o∣verthrew * 1.35 Kingdoms, prevailed in VVar, put to flight the Armies of Aliens. Where, in the name of Faith, as we learn by the series of that discourse, is included a persuasion whereby is belie∣ved that the thing done is pleasing un∣to God. So also the wise woman saith of David, that he fought the battails of God, that is, pious and just. * 1.36
THe greatest difficulty lies in this point, concerning the positive Di∣vine Law. Nor may any object, the Law of Nature is immutable, and there∣fore nothing could be constituted by God to the contrary; for this is true in things commanded or forbidden by the Law of Nature; not in things per∣mitted only: which things, being not properly of the Law of Nature but with∣out it, may be either forbidden or com∣manded. First then, against VVar is brought by some that Law given to No∣ah and his posterity: And surely (saith * 1.37 God) Your blood of your lives will I re∣quire: at the hand of every beast will I require it; and at the hand of man, at the hand of every mans Brother will I require the life of man. Who so sheddeth mans bloud, by man shall his blood be shed: for in the image of God made he man. Here do some most generally un∣derstand that which is said of requiring blood: and what is said of shedding blood for blood, they will have to be a commi∣nation, not an approbation. I can al∣low of neither; for the prohibition, not to shed blood, is not of larger extent than that in the Law, Thou shalt not kill:
and this, 'tis manifest, hath neither ta∣ken away capitall punishments nor VVars. VVherefore, both this Law and that doth not so much constitute any new thing, as declare and repeat the old naturall Law obliterated and depraved by evill custom. And the words are to be understood in a sense which includes a crime: as in the wor•…•… homicide, we understand not every kil∣ling of a man, but that which is on pur∣pose and of an innocent person. The which follows, of shedding blood for blood seems to me not to contain a naked act but a Right. I explain it thus. By na∣ture it is not unjust, that every one suf∣fer as much evill as he hath done; 〈◊〉〈◊〉 * 1.38 of a sense of this naturall equity, 〈◊〉〈◊〉 accus'd of paricide by his own con∣science said, Whosoever findeth me she flay me. But, God in those first times * 1.39 either by reason of the paucity of men or because there being yet but few offen∣ders, exemplary punishments were 〈◊〉〈◊〉 necessary, repressed by his edict th•…•… which seemed naturally lawfull, and ap∣pointed the manslayers company to be avoided, not his life taken away. The like was decreed by Plato in his Laws, and of old practized in Greece * 1.40. Per∣tinent is that of * 1.41 Thucydides: Antiently
great crimes had little punishments * 1.42: but in progress of time, those being con∣temned, death was inflicted. From one notable act a conjecture being made of the divine pleasure went into a Law: so that Lamech also, upon the like crime committed * 1.43, promised to himself impu∣nity from that example. Nevertheless, * 1.44 when before the floud, in the Gyants age, a promiscuous licence of shedding blood had prevailed, mankind being a∣gain restored after the floud, God, to re∣strain that licence, thought it meet to use more severity; and laying aside the lenity of the former times, permitted now what nature did before dictate not to be unjust, that he should be guiltless who slew the man-slayer * 1.45. This, af∣ter Courts of Justice were established, was upon very great reasons restrained to the Judges only: yet so that some Print of the former custom was seen, e∣ven after Moses Law, in his right, who was the next Kinsman to the person slain. We have no mean Author to countenance our interpretation. Abra∣ham, who being not ignorant of the Law given to Noah, took arms against the four Kings, not doubting but his enter∣prize was very reconcilable with that Law. And Moses too gave order that the Amalekites violence should be with∣stood by Arms, using the right of nature: for it appears not that God was consul∣ted * 1.46
with in this. Moreover, capitall pu∣nishments, it appears, were used not a∣gainst man-slayers only, but other Ma∣lefactors; * 1.47 and that as well among the holy people as other nations. By the aid of naturall reason, having some ground to make conjecture of the divine will, they proceeded from like to like, and collected, that the constitution a∣gainst the man-slayer, might extend al∣so to other notorious and great offen∣ders. For, some things there are e∣quall unto life, as reputation, virginall chastity, conjugall fidelity; or without which life cannot be secure, as reverence to authority, whereby society is preser∣ved: Offenders against these seem no better than man-slayers. Hither per∣tains an old tradition extant among the Hebrews, that more Laws were given unto Noah's Sons by God, but Moses did not relate them all, because it was sufficient for his purpose, that they were after comprehended in the peculiar Law of the Hebrews; so, against incestuous Marriage, there was extant an old Law, though not remembred by Moses in its place, as appears Levit. 18. And among the Laws God gave to Noah's children, this also they say was decreed, that not only homicides, but adulteries, incests and rapes should be punished with death; which is confirmed by the words of Job. Also, the Law given by Mo∣ses
* 1.48 addes unto the capitall sanctions, reasons, that are of no less value among others, then among the Hebrew people: peculiarly it is said of homicide, that the earth cannot be purged but by the blood-shed of the man-slayer * 1.49. Be∣sides, it is absurd to think, the Hebrew * 1.50 people were allowed to secure their Go∣vernment, and the publick and private safety, by capitall punishments, and to bear Arms for their own defence, but o∣ther Kings and Nations at the same time were not allowed to do so; and yet were never admonisht by the Prophets for using capital punishments and ma∣king VVar, as they were oft reprov'd for other sins. Yea on the contrary, who would not believe, seeing Moses Judicial Law is an express of the divine pleasure, other Nations who would take a Copy thence, did well and wisely: as it is probable the Greeks, especially the A∣thenians did? whence there is so great similitude in the old Attick Law, and the of-spring thereof, the Roman of the 12. Tables, with the Hebrew Laws. This is enough to shew, that the Law given to Noah is not of such a sense as they would have it, who impugn all VVars by that Argument.
THe objections against VVar taken out of the Gospel have a greater shew; in the examination whereof, I will not say with many, that in the Gos∣pel, beside the precepts of Faith and the Sacraments, nothing else is found but what is of Natural Law; for, as most understand this, it is not true. This I willingly acknowledge; in the Gospel nothing is commanded us, which hath not a natural honesty and comeliness; but, that we are not further obliged by the Laws of Christ, than we are by na∣tural Law, I cannot grant. It is mar∣vellous to see what pains they take, why are in the other opinion, to proove the things forbidden by the Law of Nature, which by the Gospel are made unlaw∣full, such as are concubinacy, divorce prolygamy * 1.51. Things indeed of such: nature, that to abstain from them, rea∣son it self tells us is more honest and be∣comming: Yet not such, as contain in them (set the divine Law aside) any apparent wickedness. And who can say, nature hath bound us to that which the Christian Law gives in precept, to * 1.52 lay down our lives for the brethren? It is a saying of Justin Martyr * 1.53, To live according to nature is his duty, wh•…•… hath not yet attained to the Faith of
Christ. Neither will I follow their conjecture, who suppose Christ in his Sermon on the Mount, was only an In∣terpreter of Moses Law. These words * 1.54 of his so oft repeated have another sound: Ye have heard, that it hath been said to them of old: but I say unto you. Which opposition, and the Syriack and other versions proove the truth of that reading, to them (not, by them) of old. Those of old, or the antients, were no other than they that liv'd in Moses time; for the commands rehearsed as spoken to the antients, are not the sayings of the Lawyers, but of Moses, either word for word, or at lest in sense. Thou shalt not kill. Whosoever shall kill shall be in * 1.55 danger of judgement. Thou shalt not * 1.56 commit adultry. Whosoever shall put a∣way * 1.57 his Wife, let him give her a wri∣ting of divorcement. Thou shalt not forswear thy self, but shalt perform unto * 1.58 the Lord thine oaths. An eye for an eye, * 1.59 and a tooth for a tooth (understand thou mayst require in the Court of judge∣ment.) Thou shalt love thy neighbour * 1.60 (i. e. the Israelite) and hate thine ene∣my (i. e. the seven Nations * 1.61, to whom they might not shew friendship nor pit∣ty: to these the Amalekits are to be added, against whom the Hebrews are commanded to have VVar for ever.) But, to understand the words of Christ we must note, that the Law given by
Moses may be taken two ways: ac∣cording to what it hath common with other Laws, made by men, restraining the greater offences with fear of open punishments, and hereby containing * 1.62 the Hebrew people in the state of civil society; in which sense it is called the Law of a carnal Commandement, and the * 1.63 Law of Works: Or, according to what is proper to the divine Law, as it requires also purity of mind, and some acts, which may be omitted without tem∣porall punishment; in which sense it is called a spiritual Law, re oycing the * 1.64 heart. Now the Lawyers and Pharisees, contenting themselves with the form•…•… part, neglected the second, which is the better part, nor did they inculcate it into the people. The truth of this ap∣pears not only in our Books, but in Jo∣sephus also and the Hebrew Masters Moreover, as to this second part, we must know, the vertues exacted at the hands of Christians, are either commen∣ded or commanded to the Hebrews also, but surely not commanded in the same degree and latitude * 1.65 as they are to Christians. In both senses Christ op∣poses his precepts to the old ones:
whence it is manifest, his words contain more than a naked Interpretation. The knowledge whereof conduces both to our present matter and to many other things, lest we strein the Authority of the Hebrew Law beyond its reach.
OMitting Arguments of less value in our judgement, our first and prin∣cipal proof, that the Right of VVar is not wholy taken away by the Law of Christ, shall be that of Paul, to Timo∣thy. I exhort therefore, that first of all, * 1.66 supplications, prayers, intercessions, and giving of thanks be made for all men: For Kings, and for all that are in autho∣rity, that we may lead a quiet and a * 1.67 peaceable life in all godliness and honesty. For this is good and acceptable in the sight of God our Saviour: who will have all men to be saved, and to come unto the knowledge of the truth. Here we are taught three things; That it is pleasing to God, Kings should become Christi∣stians: That being made Christians, they should remain Kings; Wee pray
(saith Justin Martyr) that Kings and Princes, together with their regal pow∣er, may also attain unto a right under∣standing; and in the Book entitled Cle∣ment's Constitutions, the Church prays * 1.68 for Christian Magistrates: Lastly, that this is also pleasing to God, that Chri∣stian Kings should procure for other Christians a quiet life. How so? The Apostle sheweth in another place: He is the Minister of God to thee for good, but if thou do that which is evill, be a∣fraid: for he beareth not the sword in vain: for he is the Minister of God, a revenger to execute wrath upon him that doth evill. By the right of the sword is understood all coercive power (as in the Lawyers sometimes) yet so, that the highest part of it, which is the true use of the sword, is not excluded. For the illustration of this place much light may be had from the second Psalm: which, although it were verified of David, yet more fully and perfectly pertains to Christ, as we learn out of the Acts and * 1.69 the Epistle to the Hebrews. Now this Psalm exhorts all Kings to receive the Son of God with reverence, i. e. to do service to him, as they are Kings, as Au∣gustin explains it well: whose words are to this effect, Herein do Kings, as * 1.70 they are commanded, serve God as Kings; if in their Kingdom they command good things, forbid evill things, not only per∣taining
to humane society, but also to di∣vine Religion. And elsewhere: How * 1.71 then shall Kings serve the Lord in fear, but by prohibiting with religious seve∣rity, and punishing offences against the commands of the Lord? For he serveth one way as a man, another way as a King. Again: Herein therefore doe Kings serve the Lord, as Kings, when they do him that service, which none can do but Kings.
A Second Argument is deliver'd us by St. Paul in the place cited al∣ready in some part, out of the Epistle to the Romans: where the highest power, * 1.72 such as the regall is, is said to be of God, and is called the ordinance of God: whence it is inferr'd, that obedience and honour is to be given to it, and that from the heart: and he that resisteth it, resisteth God. If by Ordinance a thing were to be understood, which God only will not hinder, as in vicious acts, then would there follow thence no obligation either of honour or obedience, especially laid upon the conscience: nor would the Apostle say any thing, where he so much extols and commends this power, which might not agree to robbing and stealing. It follows therefore, that this power be conceiv'd to be ordained by
the will of God approoving it: whence it further follows, that, seeing God wills not contraries, this power is not repug∣nant to the will of God revealed by the Gospel, and ob•…•…iging all men. Nor is this Argument avovded, because the persons that were in power when Paul wrote, are said to have been enemies to Christian piety: For first, that is not true of all. Sergius Paulus Propraetor * 1.73 of Cyprus had given his name to Christ before this time: to say nothing of the King of * 1.74 Edessa, of whom there is an old tradition, grounded (as it seems) on truth, though perhaps a little mixed with fables. Moreover, the question is not of the persons, whether they were impious; but whether that fun∣ction in them were impious: we say, the Apostle denys that, when he saith, the function, even for that time, was or∣dained of God, and therefore to be ho∣noured, even within the recesses and secrets of the heart where God alone hath Empire. Wherefore both Nero might, and that King Agrippa too, whom Paul so seriously invites to his * 1.75 Religion, might subject himself to Christ, and retain, the one his regal, the other his imperial power: a power, which without the right of the Sword and of Arms cannot be understood. As then of old, the Sacrifices according to the Law were pious, although administred by
impious Priests; so Empire is a pious thing * 1.76, although it be in the hand of an impious Prince.
THe third Argument is from the words of John the Baptist, who being seri∣ously asked by the Jewish Souldiers (many thousands of that Nation served the Romans in their Wars, as Josephus and other writers cleerly tell us:) what they should do, to avoid the wrath of God, He answered not, that they should for∣sake VVar (as he must have answered, if that be the will of God) but abstain from violence and falshood, and be con∣tent with their wages. To these words * 1.77 of the Baptist, containing an approba∣tion of VVar plain enough, many an∣swer, The Baptists prescripts are so dif∣ferent from the precepts of Christ, that we may conceive their Doctrine not to be the same. Which I cannot admit, for these reasons. John and Christ use the same beginning, and declare the sum of their doctrine in the same words, Amend your lives, for the kingdom of Hea∣ven is at hand. Christ himself saith, the * 1.78 Kingdom of Heaven (i. e. the new Law, for the Hebrews use to stile the Law by the name of Kingdom,) began to be invaded from the days of the Baptist. * 1.79 John is said to have preached the Bap∣tism
of repentance for the remission o•…•… * 1.80 sins: just as the Apostles are said to have done in the name of Christ. Jo•…•… requires fruits meet for repentance, and * 1.81 threatens destruction to them that bring not forth such fruit. He requires works * 1.82 of Love above the Law. The Law is sai•…•… to have continued unto John: as if, 〈◊〉〈◊〉 more perfect doctrine had from him be∣gun. * 1.83 And the beginning of the Gospell is * 1.84 deduc'd from John. John himself is there∣fore greater than the Prophets: being se•…•… to give saving knowledge to the people and to Preach the Gospell. Nor doth 〈◊〉〈◊〉 any where distinguish Jesus from himse•…•… by the difference of precepts (only th•…•… things delivered by John more gene•…•…∣ly, and confusedly, and in the mann•…•… of rudiments, are more plainly and ful∣ly declared by Christ, the true light: but by this, that Jesus was that prom•…•…∣sed Messias: the King of a heavenl•…•… * 1.85 Kingdom, who should give the powe•…•… of the Holy Spirit to them that believe on him.
THe fourth Argument seems to me 〈◊〉〈◊〉 no small weight. If the Right 〈◊〉〈◊〉 capital punishments, and of defendin•…•… the people by force of Arms again•…•… Robbers * 1.86 and Spoilers, be taken away. thence will follow licence of wickednes•…•…
and a deluge as it were, and floud of e∣vils: when as, although Justice be now executed, that stream is hardly kept within the banks. Wherefore, had it been the mind of Christ, to bring in such a state of things, as was never heard of, doubtless he would in most plain and express terms have commanded, that none should give sentence of death, that none should bear Arms: which com∣mand he hath no where promulged: for, the alleged places are very general, or very obscure. Now equity and common reason shews, not only general words must be restrained, and doubtfull words commodiously explained, but the pro∣priety and received use of words some∣what declined, that a very incommodi∣ous and incoherent sense may be avoy∣ded.
FIftly, it can be evinced by no Argu∣ment, that the Judicial Law of Mo∣ses, expired before the destruction of Je∣rus•…•…lem, wherewith fell both the form, and the hope of that Common-wealth; for, neither is any term prefixed to that Law in the Law itself, nor do Christ or his Apostles ever speak of the Cessation of it, but as it may seem comprehended in the destruction of the Common-wealth, as we have said: yea, on the
contrary, Paul saith, the High-Priest was set to give judgement according to the Law of Moses. Christ himself in the * 1.87 preface to his precepts saith, He ca•…•… not to dissolve the Law, but to fulfill it; the sense of which words, as to Ri•…•…uals, * 1.88 is not obscure: for the lineaments and shadowings are filled up and complea∣ted, when the perfect species of a thing is presented to our view; as to the judi∣cial Laws, how can it be true, if Christ, as some do think, hath by his comming taken them away? But if the obligatior of the Law remained, as long as th•…•… Common-wealth of the Hebrews stood it follows, that even the Jews converted unto Christ, if they were called un•…•… Magistracy, could not shun it, and th•…•… they ought to judge no otherwise tha•…•… Moses had prescribed. Methinks, whe•…•… I weigh all things, there is not the leaf•…•… motive for any pious man, that hear•…•… Christ at that time speaking, to under∣stand his words in any other sense; Thi•…•… I acknowledge, before the time of Christ some things were permitted, (whether in respect of outward impunity, or also of inward purity, I need not determine:) which Christ hath forbidden the Disci∣ples of his institution, as, to put away ones wife for every cause, to seek reveng from the judg upon the injurious person•…•… yet, between the precepts of Christ and those permissions, there is a certain di∣versity,
no repugnance. For he that keeps his wife, and remits the injury, doth nothing against the Law, yea he doth that which the Law wills most. 'Tis o∣therwise with the Judge, whom the Law not permits, but commands to put the Murderer to death, himself becomming guilty of blood before God, unless in this case he shed it. If Christ forbid him thus to punish the murderer; his precept is plainly contrary to the law, he dissolv∣eth the law.
THe sixth is from the example of Cor∣nelius the Centurion, who received from Christ the Holy Spirit, an undoubted sign of his justification, and was Bap∣tized in the name of Christ by the A∣postle Peter: but, that he left his Office of War, or was advised by Peter to leave it, we do not read. Some answer, whereas he had instruction from Peter concerning Christian Religion, it is to be supposed that he was also instructed to desert his place. This were something, if it were certain and undoubted that Christ among the rest of his precepts had forbidden War. But, when that is no where else expressed, here at least was a fit place to say somewhat of it, that the age to come might not be ignorant
of the rules of their duty. Nor is it the manner of Luke, where the quality of the persons required a special change 〈◊〉〈◊〉 life, to pass it over with silence; as 〈◊〉〈◊〉 may see elsewhere. The seventh Argu∣ment, * 1.89 like to this, is taken from th•…•… which we began afore to say of Sergi•…•… Paulus; for in the story of his conver∣sion, there is no intimation of his 〈◊〉〈◊〉 nouncing his office, nor of any adm•…•…∣nition given him to do so. Now, th•…•… which is not related, (as even now 〈◊〉〈◊〉 said) when it is of most concernment, a•…•… the place requires it, is to be conceive not at all to be done. The eighth m•…•… be this, that * 1.90 Paul the Apostle havi•…•… understood the Jews plot against him willed it to be revealed to the chief C•…•…∣tain: † 1.91 and when the chief Capta•…•… gave him a guard of Souldiers to sec•…•… his journy, he accepted of it, maki•…•… never a word to the Captain or 〈◊〉〈◊〉 Souldiers, that God was not pleas•…•… with resisting of force by force. And 〈◊〉〈◊〉 Paul was a man, who would himself 〈◊〉〈◊〉 mit, nor suffer others to omit, no occ•…•…∣sion of teaching men their duty * 1.92.
NInthly, The proper end of a thing just and lawfull, cannot but be just lawfull. It is not only lawfull, but we have a precept obliging the conscience, * 1.93 to pay tribute; And the end of Tribute is, that the publick powers may have wherewith to defray the charge upon them, for the defence of good men, and the coercion of the bad. Tacitus speaks * 1.94 to our purpose, The quiet of the world * 1.95 cannot be had without Arms, no Arms without Souldiers pay, nor pay without contribution. Tenthly, * 1.96 Paul speaks thus, If I be an offender, or have com∣mitted any thing worthy of death, I re∣fuse not to die † 1.97 Whence I collect, that in Paul's judgement, even since the pub∣lication of the Gospel, there are some crimes, which equity alloweth, yea and requireth, to be punished with death. Which also Peter sheweth in the first of his Epistles. Had the will of God been so now, that capital judgements should cease, Paul might indeed have made an Apology for himself, but he ought not to have left in the minds of his hearers such an opinion, as this, that it was no less lawfull now than heretofore, to put offenders to death.
Now, it being proved, that capital punishments are rightly used since the comming of Christ, it is withall proved, as I suppose, that some War may be law∣fully waged, to wit, against a multitude of armed offenders, who must be over∣come in battail, before they can be brought to judgement. For, the forces of offenders, and their boldness to re∣sist, as in a prudent deliberation it ha•…•… some moment, so it diminisheth nothing of the right it self. Lastly, the Law of Christ hath taken away the Law of Moses only, which was the partitio•…•… wall between the Gentiles and the H•…•… brews. * 1.98 Things by nature honest, and by the consent of civil nations, it is so far from taking away, that it hath com∣prehended them all under the gener•…•… precept of all honesty and virtue. But * 1.99 the punishment of crimes, and Arms to keep off injury are accounted laudable in their Nature, and are referred to the virtue of justice and beneficence. And here, on the by, we must note their er∣ror, who draw the Israelites right to War, from this alone, that God had gran∣ted to them the Canaanites Land. For this is not the only cause, though it be 〈◊〉〈◊〉 just one. Before those times, men of piety, conducted by their reason, waged Wars: and the Israelites themselves af∣terward upon other grounds, as David for the violation of his Embassadors.
Besides, what any one possesseth by hu∣mane right, is no less his own, than if God had made an immediate grant there∣of; which right is not taken away (but confirmed) by the Gospel.
LEt us now also see, by what Argu∣ments the opposite opinion under∣props it self, that the pious Reader may more easily judge, which of the two is more firm and weighty. The first is u∣sually brought out of Esay's prophe∣cy * 1.100, who saith, it shall come to pass, * 1.101 that the Nations shall beat their swords into plow-shares, and their spears into pruning-hooks: Nation shall not lift up sword against Nation, neither shall they learn War any more. But this prophecy, either is to be understood (as many o∣ther) conditionally: Such shall be the state of things, if all people undertake and fulfil the Law of Christ; to which purpose God will suffer nothing to be wanting on his part: Sure enough it is, if all be Christians, and live Christian∣ly,
there will be no Wars * 1.102: Or, it is to be understood simply and purely; and thus, experience tells us, this prophecy is not yet fulfill'd, but the impletion thereof, as also of the general conversi∣on of the Jews, is yet to be waited for. Which way soever you take it, nothing can be inferred hence against the justice of Wars, so long as there are who suffer not the lovers of peace to live at peace, but offer violence and use force against them.
OUt of the fift of Matthew sund•…•… Arguments are deduced; which we cannot rightly judge of, unless 〈◊〉〈◊〉 remember what was said afore: If Christ had purposed to take away all capital judgements, and the right of Wars, he would have done it in words most ex∣press and special, by reason of the great∣ness and newness of the matter: and the rather, because no Jew could think o∣therwise, but that the Laws of Moses, pertaining to judgements and the Com∣mon-wealth, ought to have their force upon the men of that Nation, so long
as their state endured. This being pre∣mised, let us weigh the places in their order. The second muniment of the ad∣verse party is from these words, Ye have * 1.103 heard that it hath been said, An eye for an eye, and a tooth for a tooth: But I say unto you, that ye resist not the in∣jurious person (so the Gr. turns the ori∣ginal word, Exod. 21 * 1.104.) But whosoever shall smite thee on the right cheek, turn to him the other also. Hence do some infer, that no injury is to be repelled or revenged; neither privately, nor pub∣likely. But this is not the meaning of the words; for Christ speaks not here to Magistrates, but to those that are in∣jured; nor doth he speak of every in∣jury, but of such as a blow on the cheek: the following words restrain the gene∣rality of the precedent. So likewise in the next immediate precept, If any man will sue thee at the Law, and take away thy coat, let him have thy cloak al∣so * 1.105: Not every sute before the judge or arbitrator is forbidden (let Paul be the Interpreter, who denies not all sutes, but prohibites the Christians to con∣tend in the Courts of Heathens; and that after the Jews example, whose common saying it was, Whosoever brings the affairs of Israel before the stranger,
pollutes the name of God:) but the will of Christ is, to exercise our patience, that we should not go to Law about things which may easily be repaired, as a Coat, or (if it so happen) the cloak also: but that, although our cause be good, wee should omit the prosecution of our right. Apollonius Tyaneus said, It was not * 1.106 the part of a Philosopher to contend a∣bout a little money. The Praetor (saith Ulpian) approoves his doing, who would * 1.107 content himself and sit down with the less of a thing, rather than be troubled with often sutes about it. For this mans dis∣position, that cannot endure contention, is in no wise to be dispraised. What Ulpian here saith is approved by the best, the same doth Christ command, choosing the matter of his precepts from among the things that are most honest and m•…•… approved. But, you may not colle•…•… hence, that it is unlawfull for a Paren•…•… or for a Tutor, to defend that before 〈◊〉〈◊〉 Judge, without which the Children without which the pupils cannot to maintained. For the coat and cloak is one thing, the Lively-hood another. In Clement's Constitutions it is said of a Christian man, if he hath a sute, let him * 1.108 endeavour to end it, though he bear some damage. As in matters of morality, so here we say, these things do not consist in a point, but have a certain latitude belonging to them. So in that which
follows, And whosoever shall compell thee to go a mile, go with him twain: Our Lord said not, a hundred mile, a journey that would take a man off too far from his own occasions; but one mile, or, if need be, twain: a walk, not very irksom. The sense therefore is, in these things which import no great in∣commodity, we must not stand upon our own right, but yield, even more than another would require, that our pati∣ence * 1.109 and our benignity may be known unto all men. It follows, Give † 1.110 to him that asketh thee: and from him that would borrow of thee, turn not thou away. If you carry it on infinitely, and without measure, nothing is more hard. He that provideth not for those of his own house is worse than an infidel, saith Paul. Let us then follow the same Paul, the best interpreter of his Master's Law, who stirring up the Corinthians to exer∣cise beneficence toward the poor of Jerusalem: Not, saith he, that other men be eased, and you burthened: but by an equality: that your abundince may be a supply * 1.111 for their want; which sense is also in Xenophon's Cyrus; What I shall see superfluous in my own estate will
serve the necessities of my friends. The like equity must we use for the interpre∣tation of that precept now in hand. The Hebrew Law, as it did indulge a liberty of divorce, to prevent the cruel∣ty of Husbands toward their Wives; so also, for the restraint of private revenge, whereto that Nation was very prone, allowed the offended party a right, to exact, not by his own hand, but by the sentence of the Judge, a retaliation: a Law imitated in the 12. Tables. But Christ, a Teacher of more patience, is so * 1.112 far from approving that ardent desire of revenge in the person wronged, that he would not have some kind of injuries to be repelled, either by force, or Law. What injuries? Such as are tolerable; not, that patience is not laudable in the more * 1.113 grievous, but he is content with a patience more limited. There∣fore he puts the case in a stroke on the cheek, which endangereth not the life, maimeth not the body, but only signi∣fies a certain contempt of us, which makes us nothing the worse. Seneca in his Book of a wise mans constancy di∣stinguishes between an injury and a disgrace, The former, saith he, is by nature the more grievous: this is ligh∣ter, and only grievous to the delicate, whereby they are not hurt, but offended. Again, Contumely is less than injury,
which we may rather complain of, than return: which the Laws also have thought worthy of no revenge. The same Seneca a little after saith, The grief a∣rising from disgrace, or an affront, is an affection comming from a meaness and lowness of the spirit, contracting it self for some word or deed against our repu∣tation. In such a case therefore, Christ commandeth patience: to turn the o∣ther cheek, is by an Hebraism, to bear patiently, as appears in * 1.114 other places: and lest any one object that common sentence, To suffer one injury is to in∣vite another, He addes, that we must rather bear * 1.115 a new injury, than repell the former: because there is no evill to us thence, but that which consists in a foolish † 1.116 persuasion.
THe third Objection is taken from the words that follow in the same place of Matthew * 1.117: Ye have heard, that it hath been said, Thou shalt love thy neighbour, and hate thine enemy. But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you; and pray for them which despitefully
use you and persecute you. Some there be that hold, this love and beneficence towards enemies and persecutors cannot consist with capital judgements or Wars. But they are easily refuted, if we do but consult with that saying of the Hebrew Law. It was commanded the Hebrews to love their Neighbour, that is, their fellow-Hebrew * 1.118: for so * 1.119 the word Neighbour is taken there. Nevertheless were the Magistrates com∣manded to put Murderers to death, and other capital offenders; nevertheless was the Tribe of Benjamin, for an abo∣minable transgression, prosecuted in a just War by all the other Tribes; never∣theless did David, who fought the Lord's battails, rightly recover the Kingdom promised him, from Isbosheth by Arms. Be it so then, that the signification of Neighbour is larger now, and conteins every man; for all are now received in∣to common grace, no people are by God devoted and given up to destru∣ction: yet will that be lawfull towards all, which was then lawfull towards the Israelites, who were commanded to be lov'd as well, as all men now. But, if you would have a greater degree of love to be commanded in the Evange∣lical Law, let this be granted also, so that this be agreed on too, that all are not * 1.120 equally to be loved, but a Father more than a foreiner. And so the good
of an innocent person is to be prefer'd before the good of a nocent, the com∣mon good above the private, by the Law of regular charity. Now, from the love and care of the innocent, * 1.121 both capi∣tal judgements and pious Wars have their original. Wherefore, the precepts of Christ, concerning love and charity to every one, ought so to be fulfill'd, unless a greater and more just and ne∣cessary point of charity will not suffer. That old saying is well known: To pardon all is cruelty, as much as to par∣don none * 1.122: Adde, that we are enjoyned to love our enemies after the example of God, who makes his Sun to shine upon the bad. Yet the same God exe∣cuteth punishment, even in this life, upon some bad ones, and hereafter will severely punish all. VVhereby is also an∣swered whatsoever is wont to be alleged here out of the precepts of Christian le∣nity. For God is called gentle, mer∣ciful, and long suffering: Yet do the Holy Scriptures set forth in sundry pla∣ces the anger of the same God against the obstinate * 1.123, and his will to punish the ungodly: And the Magistrate is
ordained the Minister of this wrath Moses is commended for his exceeding * 1.124 meekness: yet this same Moses puni∣shed the guilty, and that with death We are often bid to imitate the meekness and patience of Christ: yet Christ 〈◊〉〈◊〉 he, who did inflict most heavy judge∣ments, * 1.125 upon the rebellious Jews, an•…•… will at the day of judgement condem•…•… the wicked according to their desert•…•… Their Masters lenity was followed 〈◊〉〈◊〉 the Apostles, who did nevertheless ma•…•… use of the power * 1.126 given them from a∣bove for the chastisement of ungod•…•…∣men, as we read in severall * 1.127 places.
THe fourth place, which is objected is, Recompence to no man evill fo•…•… * 1.128 evill. Provide things honest in the sigh•…•… of all men. If it be possible, as much 〈◊〉〈◊〉 lyeth in you, live peaceably with all me•…•… Dearly beloved, avenge * 1.129 not your selves but rather give place unto wrath, for 〈◊〉〈◊〉 is written, Vengeance is mine, I will re∣pay, saith the Lord. Therefore if thi•…•… enemy hunger, feed him: if he thirs•…•…
give him drink; for in so doing thou shalt heap coals of fire on his head. Be * 1.130 not overcome of evil, but overcome evil with good. But here also the same An∣swer offers it self, which was given a∣bove. For at what time it was said by God, Vengeance is mine, I will repay, at the same time were capital judge∣ments exercised, and Laws written con∣cerning Wars. Moreover, benefits are commanded to be done (even then) to enemies, being their own Country-men. * 1.131 These things notwithstanding, there were, as we have said, both capi∣tal punishments, and just VVars upon the Israelites themselves. Wherefore, the same words or the like precepts, though of larger extent, are not now neither to be forced to such a sense: the less, because the division of Chapters is not from the Apostles, nor their age, but of much later time, for the more distinct reading, and easy allegation of the text. So, the beginning of the 13. to the Romans, Let every Soul be subject to the higher powers, and that which follows, was continued with those fore∣going precepts against revenge. Now, in this dissertation Paul saith, the pub∣like powers are Ministers of God, to execute wrath (i. e. punishment) upon them that do evil: therein most plainly distinguishing between vengeance for the publike good (which is administred
in behalf of God, and is to be referred to the vengeance reserved to God;) and that revenge for private satisfacti∣on, which he forbad in the former words. For, if you will have that ven∣geance also which is expected for the publike good, comprehended in that in∣interdict, what will be more absurd, than for the Apostle, when he had said we must abstain from capital judge∣ments, presently to adde, The publike powers are ordained of God for this end, to exact punishments in his stead?
THe fift place which some make use of is in the second Epistle to the Co∣rinthians: Though wee walk in the * 1.132 flesh, we do not War after the flesh: For the weapons of our warfare are 〈◊〉〈◊〉 * 1.133 carnal, but mighty through God 〈◊〉〈◊〉 the pulling down of strong-holds, &c. Bu•…•… this place makes nothing to the matter. For both the antecedents and conse∣quents do shew, that by the name of flesh, Paul understands here the weak constitution of body, which came un∣der their eyes, and in respect of which he was contemned. Hereunto Paul op∣poseth his weapons, that is, the power given him, as an Apostle, to subdue the refractory, such as he used upon Elymas,
upon the incestuous Corinthian, upon Hymeneus and Alexander. This pow∣er, he saith, is not carnal, that is, weak: yea on the contrary, he asserteth it to be most mighty. What is this to the right of capital punishments, or of War? Yea, on our side, because the Church at that time was destitute of ayd from the pub∣lick powers, Therfore had God raised up, for her defense, that prodigious power, which began afterward to fail about the time when Christian Emperours were gi∣ven the Church, even as Manna ceased, when the Hebrew people were come into the fruitful Land. That which is alleged, * 1.134 sixtly, out of the Epistle to the Ephesians, Put on the whole Armour of God, that yee may be able to stand against the wiles of the devil: for we wrestle not against flesh and bloud, (supply, only, after the He∣brew phrase) but against principalities, &c. This place, I say, speaks of the fight which belongs to Christians, as they are Christians, not, which they may have common with other men, upon certain occasions. The place of James which is urged, seventhly, From * 1.135 whence come Wars and fightings among you? come they not hence, even of your lusts that War in your members? &c. This conteins nothing universal: only it saith, the Wars and fights, whereby the disper∣sed Hebrews were at that time miserably dashed to pieces, and beaten one by
another (some part of which sad story is to be seen in * 1.136 Josephus) had their rise from causes not commendable: a thing which comes to pass in our dayes also, as we see with grief † 1.137. As for that which was spoken to Peter, They that take the sword shall perish by the sword, seeing it properly pertains not to War considered in common, but to private War (for even Christ himself gives this reason, why he forbad or neg∣lected the defence of himself, because his Kingdom was not of this world) it shall be more rightly handled in its own place.
WHen the question is about the sense of a writing, both the following practice, and the authority of wise men is wont to have much value. This is a good rule in the interpretation of ho∣ly Scripture. For it is not probable, that the Churches founded by the A∣postles,
did either suddainly, or all of them depart from those things, which the Apostles having briefly written, had explained more largely by word of mouth, or also introduced into the pra∣ctice and use of Christians. Now, our opponents that fight against Wars, u∣sually draw out unto their aid, some speeches of the antient Christians: to which I have three things to say. The first is this: No more can be collected out of those speeches, than the private opinion of the speakers, not the publick judgement of the Churches. It is more∣over to be noted, that the Authors of those sayings love to go single, for the most part, and to teach somewhat of a higher strain, than others; namely, Origen and Tertullian; who yet are not very constant to themselves. For the same Origen saith, God hath given us a lesson in the Bees, That just and orderly Wars may be waged amongst men, if necessity require. And the same Ter∣tullian saith, That it is good when Of∣fenders are punished no man denies † 1.138. And he is at a stand concerning Warfare; for in his De Idolatria, he proposech the question, Whether Christians may turn
Souldiers, and Souldiers Christians; Where he seems to incline to the opi∣nion against War. But in his De coro∣na militis, when he had disputed some things against warfare, presently he di∣stinguishes those that were Souldiers be∣fore their Baptism, from others that after Baptism enter into Arms. Plainly, saith he, their case is otherwise, whom Christian Religion found out after they were engag'd in the profession of Arms, as the Souldiers whom John admitted to his Baptism; as the most faithful Centurions, whom Christ commendeth, and whom Peter instructeth. Provided, that after their receiving of the faith * 1.139 and signing it, they forsake the War, as many have done; or else, by all means beware, they commit no offence against God. His opinion therefore was, that they continued Souldiers after Baptism: which certainly they would not have done, had they understood warfare to have been forbidden by Christ; no more than South-sayers, Magicians, and other professors of unlawfull † 1.140 Arts, were permitted after Baptism to remain in their Art formerly professed. In the same Book, praising a certain Souldier, and one that was a Christian, he spa∣reth not to exclame, and stile him, * 1.141 a Souldier glorious in God.
OUr second Observation is, That the Christians have either disallowed or avoided serving in the Wars, by rea∣son of circumstances and condition of the times, which would scarce permit Military orders to be executed without some acts repugnant to the Christian Law. In the Letters of Dolabella to the Ephesians, extant in Josephus, we see the Jews requested immunity from ex∣peditions of War; because in such a mixture with strangers, they were not able to keep their legal rites with due observance: and because they were constreined to carry Arms, and make long marches upon the Sabbath dayes. For which causes, they obteined a dis∣mission from L. Lentulus, as the same Josephus sheweth. He declares in ano∣ther place, that when the Jews were commanded to depart the City of Rome, some of them were listed, others puni∣shed for their refusal out of a reverence toward their own Country-Laws; for those reasons which we have mentioned: unto which sometimes a third was ad∣ded, because they had a necessity impo∣sed on them to fight against their own Country men. But, to take arms a∣gainst those of their own Nation was great impiety, to wit, when their Coun∣try
men were persecuted, for observing the Laws of their Fathers. Nevertheless as often as the Jews could eschew these incommodities, they bare arms, eve•…•… under foreign Kings; but, * 1.142 persisting in their Fathers Ordinances, and living according to their prescript: which they were wont to secure themselves of, by agreement aforehand, as the same Jo∣sephus testifieth. To these hazards 〈◊〉〈◊〉 those most like, which Tertullian obje∣cteth against serying in the Wars in his time: The ensign of Christ hath 〈◊〉〈◊〉 * 1.143 agreement with the ensign of the dev•…•… nor the oath of God with that of man for the Souldiers were made to swear by the Gods of the Gentiles, J•…•… Mars, and the rest. Again: shall a Chri∣stian * 1.144 keep watch for the Temples, whi•…•… he hath renounced, and eat there when the Apostle will not permit him? s•…•… he guard those evil spirits by night whom he hath exorcised by day? a lit∣tle after: How many other great off•…•…∣ces may be viewed in the Camp-Offices which must needs be interpreted trans∣gressions of our Law?
THirdly we note, that the Christians of the first times were enflam'd with so great ardour to undertake all things which were most excellent, that they
oft embraced divine Counsels for com∣mands. The Christians (saith Athena∣goras) do not go to law with them that by violence take away their goods. Sal∣vian saith, it is the will of Christ, that we let go the things ab ut which is any controversie, that we may be acquitted of the sute. But this, so generally ta∣ken, is perhaps a matter of Counsel, and of a more sublime and perfect way of life * 1.145, but not under any precise com∣mand. In like manner, very many of the antients disapprove all oaths, with∣out exception; yet Paul, in a matter of great consequence, used an oath. Tatian speaks of a certain Christian that refused the praetorship: and saith Tertullian, a Christian loves not to be made an Edile. So Lactantius will not let a just man (such he would have every Christian) go to War: neither would he have him go to Sea. And how many of the old Doctors dehort Chri∣stians from Marriage? All which par∣ticulars, suppose they be laudable, ex∣cellent, very acceptable to God, yet are they not required at our hands by the necessity of any Law. And this is sufficient for the solution of objecti∣ons.
NOw, that we may confirm our do∣ctrine; first there are not wanting to us VVriters, and those of the more antient sort, who think both capital pu∣nishments, and VVars which depend thereon, may lawfully be us'd by Chri∣stians. For Clemens of Alexandri•…•… saith, A Christian, if he be call'd to go∣vern, will be like Moses, a living La•…•… unto his subjects, and he will render 〈◊〉〈◊〉 the good rewards, to the evil punish∣ments. And elsewhere describing 〈◊〉〈◊〉 habit of a Christian, he saith, it becom•…•… him to go barefoot, unless perhaps he be a Souldier. In the * 1.146 Constituti∣ons * 1.147 which bear the name of Cleme•…•… Romanus, we read thus: All kill•…•… is not unlawful, but only of the innocent yet is that which is just reserved only 〈◊〉〈◊〉 the Magistrates. But, private autho∣rities being laid aside, let us come to the publick authority of the Church which ought to be of greatest weight I say then, that the Church never re∣jected, nor excommunicated any for serving in the Wars; Which yet oug•…•… to have been done, and would hav•…•… been done, if War had been repugnan•…•… to the new Testament. In the Con∣stitutions * 1.148 now cited, that writer spea∣king
of such as antiently were wont to be admitted to Baptism, or rejected from it, saith: Let a Souldier requi∣ring Baptism be taught to abstein from injuries and oppressions: to be content with his wages. If he observe these things, let him be admitted. Tertullian in his Apologetick speaking in the name of Christians; We go to Sea, and to War * 1.149 in your Company. A little before he had said: We are strangers, and yet we have filled all places, your Cities, Islands, Castles, Towns, Councils, yea your Camps also. In the same Book he had related, how by the prayers of the Christian Souldiers a shower of Rain was obtei∣ned from Heaven to refresh the Army of Marcus * 1.150 Aurelius Emperour. In his De corona he saith, That Souldier that threw away his Garland was more constant than his other Brethren; and sheweth, that he had many Christian fellow-Souldiers. Moreover, some Soul∣diers were not wanting, who having suffered torments for Christ, even to the death, received from the Church the same honour with the rest of Martyrs; Among whom are remembred the three Companions of Paul * 1.151; Cerialis under De∣cius, Marinus under Valerian, fifty under Aurelian; Victor, Maurus, and Valentinus the Master of the Souldiers under Maxi∣mianus; Marcellus the Centurion about the same time; Sevorian under Licinius.
Concerning Laurentinus and Ignatius Africans, these are the words of Cy∣prian, Being Souldiers in the secular warfare, but spiritual Souldiers too, whilst they get the victory over the De∣vil by the confession of Christ, they have obtained, by their passion, victorious palms and glorious Crowns of their Lord.
FRom the former testimonies it is evi∣dent, what opinion the community of Christians had of War, even before the Emperours were Christian. If, in those times, the Christians were not willingly present at capital punishments, it may not seem a wonder, when for the most part Christians were the per∣sons condemned. Adde hereunto, that in other matters also, the Roman Laws were harder than Christian lenity would suffer, as appears sufficiently, though we instance only in the * 1.152 Silenian De∣cree of Senate. But, after Constantine began both to approve and advance the Christian Religion, capital punish∣ments did not therefore cease. Yea Constantine himself, among other Laws, made one about sowing up paricides in a sack: which Law is extant in the Tode * 1.153: though otherwise in exacting punishments he was so gentle, that he
is accus'd of too much * 1.154 lenity by some Historians. Besides, He had in his Ar∣my very many Christians, as the Histo∣ries do teach us, and inscribed on his Ensign the name of Christ. And from that time was the military oath chan∣ged into that form, extant in Végetius: By God and Christ, and the Holy Spirit, and by the Majesty of the Emperour, next after God to be lov'd and honour'd by mankind. And at that time, among so many Bishops, of whom many had suffer'd very much for Religion, we do not read of any one, who deterred ei∣ther Constantine wholy from capital punishments, and from War, or the Chri∣stians from serving in the War, by threatning them with the wrath of God for the same: when yet there were very many most rigid keepers of Dis∣cipline, and such as would not dissem∣ble or pass by any thing that pertained either to the Office of the Emperours or of other men. Such a Prelate was Am∣brose in the time of Theodosius, whose words are these: It is no sin to be a * 1.155 Souldier; but, for a Souldier to fight for the spoil only, that's a sin. And in another place: Valour, which either in * 1.156 War defends our Country from Barbari∣ans, or at home defends the weak, or our friends from robbers, is full of justice. This Argument is to me of so much weight, that I require no more. Yet
am I not ignorant, that Bishops * 1.157 of∣ten, and the Christian people, by the•…•… intercessions averted punishments, es∣pecially the capital ones: and, that 〈◊〉〈◊〉 custom was introduced, that persons who had fled unto the Church † 1.158 and taken Sanctuary, were not rendred without promise given to save their lives: and, that at Easter * 1.159, they should be deliver'd out of prison, whom their crimes had •…•…aid there: But, whosoever, shall advisedly consider these, and such like things, will find, they are indeed signs o•…•… Christian goodness, taking all occasion of shewing mercy, not argu∣ments of a mind condemning all sen∣tences of death upon capital offenders: wherefore, those benefits, and inter∣cessions too, were tempered and limited by certain † 1.160 exceptions both of times and places.
SOme do here object against us the twelth Canon of the Nicene Council, which is to this effect: Such * 1.161 as have been call'd by grace, that have shewed their first love and faith in throwing off their belt, and have afterward like Dogs returned to their vomit; some giving
money and bribes to return into their place; let them lye among the penitents ten years, after they have been three years among the Hearers. But in them all must be observed the sincerity and measure of their repentance. For, they that by fear, and tears, and patience, and good works do shew their conversion to be without hyprocrisy, after they have fulfilled their appointed time of hearing, shall be admitted to the prayers of the Church, and afterward the Bishop may entertain some favourable thoughts con∣cerning them. But, they that have in∣differently and slightly taken their fall, and think it sufficient to their conversion, if they have but entred into the Church, shall without any dispensation fulfill the whole time appointed. The time it self of thirteen years is evidence enough, that no light or ambiguous fault, but some grievous and undoubted crime is here meant. And certainly 'tis no other than * 1.162 Idolatry. For the times of Lici∣nius mentioned asore in the eleventh Canon, ought to be understood in this: as it often happens, that the sense of the Canons subsequent depends upon the precedent; for example, see the e∣leventh Canon of the Eliberin Coun∣cil. Now Licinius, as Eusebius relates, cashier'd the Souldiers that would not sacrifice † 1.163 to his Gods: which also Ju∣lian after did: and therefore Victricius
with others are read to have cast off the Belts for Christ's sake. So, in for•…•… times, had one thousand one hundred and four likewise done in Armenia who are remembred in the Martyroso gies; and, in Egypt, Menna and H•…•…∣sychius. And so, in the times of Licinius many cast off their Belts, of whom were Arsacius, named among the Confessors and Auxentius, afterward made B•…•…∣shop of Mopsvestia. Wherefore they who touched in conscience had once left the Army, had no access unto 〈◊〉〈◊〉 again, under Licinius, but by denyall of the Christian Faith. Which denyall because it was so much the more grie∣vous, by how much their former a•…•… did testify their greater knowledge 〈◊〉〈◊〉 the divine Law, therefore are these Apo∣states more grievously punished th•…•… those mentioned in the former Canon who without peril either of life or for∣tunes had renounced Christianity. But to interpret the alleged Canon of VVar∣fare in general, is against all reason: for the History plainly shews, They, that had forsaken the Army under Li∣cinius, and returned not unto it during his reign, lest they should violate the Christian Faith, had their choice given them afterward by Constantine, whe∣ther they would be free from serving in the War, or else return again into their places: which, without question, many did.
SOme do also object an Epistle of Leo, which saith: It is contrary to the Ecclesiastical rules, after repentance, to return unto the secular warfare. But, we must know, in penitents, as well as in the Clerks and Monks, was requi∣red a Christian life, not of an ordina∣ry strein, but of a singular kind of pu∣rity; that they might be as great ex∣amples * 1.164 for correction of manners, as they had been afore of transgression. Likewise, in the most antient customs of the Church, commonly called the A∣postolical Canons, that by this sacred name they might be the more reverently received, in the 82. Canon it is enjoy∣ned: That no Bishop, Presbyter or Dea∣con follow the War, and retein at once a Roman office and a sacerdotal Function. For let Caesar have the things that are Cesar's, and God the things that are God's. Whereby it is manifest, VVar∣fare was not interdicted such Christi∣ans as did not aspire unto the honour of the Clergy. More than this, they al∣so were † 1.165 excluded from the Clergy, who after Baptism had medled either
with Magistracies, or Offices of War, 〈◊〉〈◊〉 may be seen in the Epistles of Syrici•…•… and Innocentius, and in the Council 〈◊〉〈◊〉 Toledo. The Clergy, we may be su•…•… were chosen, not out of ordinary Chri∣stians, but of those that had given te∣stimony of a most exact conversation. Adde, that the military, and some of the civil offices brought with them a perpe∣tual obligation; but, it was not fit th•…•… the persons devoted to the Holy Mini∣stry, should be diverted from it * 1.166 by any other daily care and labour. Wherefore the 6. Canon too ordains, That no Bi∣shop, Presbyter or Deacon, administ•…•… any secular charge: the 80. That 〈◊〉〈◊〉 intrude not himself into publick admi∣nistrations: and the 6. among the A∣frican Canons, That he undertake nor the procuration * 1.167 of other mens affairs, or the defence of causes: and Cypri∣an judgeth, it is unlawful such persons should be appointed † 1.168 Guardians.
BUt for our opinion we have the ex∣press judgement of the Church in the first Council of Arles, held under Constantine; the 3. Canon whereof determines thus: It seemeth good un∣to us to keep them from Communion, who throw down their Arms in peace:
that is, who forsake the War in the times when the Church is free from persecution; for the Christians under∣stood this by the name of peace * 1.169, as ap∣pears in Cyprian and others. Adde the example of the Souldiers under Julian, Christians of no mean proficiency, be∣ing ready to bear witness to Christ even to the death; of whom saith Ambrose, The Emperour Julian, though an Apo∣state, had Christian Souldiers under his command. When he gave them the word, Draw out for the defense of the Common-wealth, they obeyed him: but when the word of command was, Draw out against the Christians, then they acknowledged the Emperour of Hea∣ven. And of the same resolution was the Thebaean Legion long before, which in the time of the Emperour Diocletian had receiv'd the Christian Religion from the hand of Zabdas the thirtieth Bishop of Hierusalem, and shewed forth an example of Christian constan∣cy and patience memorable to all po∣sterity, which we shall relate hereafter. Here it may susfice to set down that speech of theirs, which with solid brevi∣ty expresseth the Duty of a Christian Souldier: We offer against any enemy in the world these our hands, which we
think impiety to embrue with the bloud of innocent men. These our hands are expert to fight against wicked men and enemies, they know not how to cut in pie∣ces pious men and those of our own Coun∣try. We have not forgotten that we took up Arms for our Countrymen, not against them. We have alwaies fought for ju∣stice, for piety, for the safety of the inno∣cent: these have been hitherto the price of our perils. We have fought for Faith; which, how shall we keep with yon (they speak to the Emperour) if we preserve it not with our God? Basil, of the more antient Christians, thus, The slaugh∣ters made in War, our Ancestors accoun∣ted not for slaughters, having them ex∣cused who draw the sword on behalf of piety and vertue.
THat some private War may be law∣fully * 1.170 waged, as to the Law of Na∣ture, appears sufficiently by what hath been said above, when we shewed, it is not repugnant to the Law of Nature to repel force by force, and defend ones self from injury. But haply some may think it now unlawful, since the consti∣tution of publick Courts of Justiee; for although these Courts be not from nature, but from humane Ordinance,
yet seeing it is much more honest and becomming, and more conducible to mans quietness, that the matter should be tryed before an indifferent Judge, than that the parties themselves inte∣ressed, who too often favour themselves overmuch, should execute what they think right, by force; equity and na∣tural reason dictate to us, that it is our duty to observe so laudable an Institu∣tion. Paulus the Lawyer saith: It is not to be granted to the parties to do that which may be done publickly by the Ma∣gistrate, * 1.171 lest it be an occasion of making a greater tumult. And the King Theodo∣ricus * 1.172: Hence it is, that the reverence of the Laws was found out, that nothing might be done by force, nothing by ones own impulse. For what difference be∣tween the clamness of Peace and the con∣fusion of War, if controversies be deter∣mined by force. The Laws call it force, as often as any man requireth that which * 1.173 he thinks due unto him, not by course of Law. Certainly, it must be confes∣sed, the licence permitted before the constitution of Courts of Justice, is much restrained since. And yet since, it some∣times taketh place, namely, where pub∣lick Justice is wanting: for the Law forbidding a man to seek his own other∣wise than by course of Law, ought com∣modiously to be understood with this clause, where Law and judgement may
be had. Now, this is wanting either at the instant, or for continuance: at the * 1.174 instant, as, where the Judge cannot be waited for, without certain peril and loss: for continuance, either by right, or by fact. By right, if one be in places unpossest, as on the Sea, in a desert, in void Islands, and if there be any other places wherein there is no Government: by fact, if the Subjects do not acknowledge the Judge, or the Judge openly hath rejected the tryal of such a cause. That we have said, all private War is not repugnant to natu∣ral right, even since the constitution of Courts of Justice, may also be made apparent from the Law given the Jews. where God speaks thus by Moses. If a thief be found breaking up, and be smit∣ten that he die, there shall no bloud be shed from him. If the Sun be risen upon * 1.175 him, there shall be bloud shed for him. Truly, this Law, so accurately distin∣guishing, seems, not only to induce im∣punity, but withall to explain natural right: nor seemeth it to be grounded in any peculiar divine mandate, but in common equity: Whence we see other Nations also have followed the same. That of the 12. Tables is notable, drawn no doubt, from the old * 1.176 Attic Law:
If a thief steal by night, and be killed, he is iustly killed. So, by the Laws of all Nations, whom we have known, is he judged guiltless, who hath by arms defended his life against a vio∣lent assault. This so manifest consent is testimony enough, that here is no∣thing contrary to natural right.
COncerning the more perfect, volun∣tary divine Law, that is, the Evan∣gelical, there is more difficulty. That God, who hath more right over our lives than we have our selves, might have required of us so much patience, as to lay down our lives, and, when we are brought in danger by the assault of a private person, rather choose to be killed than to kill, I do not doubt. But, the que∣stion is, whether it hath pleased him to oblige us so far, or no. On the affirmative part, are usually brought two places, which * 1.177 we alleged afore upon the general questi∣on. But I say unto you, resist not the inju∣rious person: and Revenge not your selves, dearly beloved. There is a third place in those words of Christ * 1.178 to Pe∣ter, Put up thy Sword into the sheath; for they that take the Sword, shall perish by the Sword. Some adde unto these, the example of Christ who dyed for his * 1.179
enemies. Nor are there wanting a∣mong the old Doctors, who although they disapproved not publick Wars, were nevertheless of opinion that pri∣vate defense was forbidden. We have above set down some places of Ambrose for VVar; and more of Austin, and more clear, known to all. Yet hath the same Ambrose said: And perhaps ther∣fore * 1.180 the Lord said to Peter, shewing two Swords, It is enough, intimating it was lawful until the Gospel came, which instructeth us in the truth, as the Law did in Justice. The same Father else∣where: A Christian if he fall upon 〈◊〉〈◊〉 armed thief, cannot strike him again * 1.181 that striketh; lest while he defends his safety, he offend against piety. And Augustin hath said: I do not indeed reprehend the Law which permitteth suc•…•… * 1.182 (thieves and other violent assaulters) to be slain, but how to defend those the slay them I do not find. And elsewhere: As to killing of men, lest one be killed, I do not like that course, unless perhaps one be a Souldier, or bound by publick Office, that he doth not this for himself but others, having received lawful power. And that Basil was of the same mind, appears sufficiently out of his se∣cond Epistle to Amphilochius * 1.183.
BUt the opposite opinion, as it is more common, so it seemeth unto us more true, that an obligation is not laid up∣on us to be so patient. For we are com∣manded in the Gospel to love our neighbour as our selves, not above our selves: yea where equal evil is immi∣nent, we are not forbidden to provide for our selves * 1.184 rather than for others, as we shewed above by the authority of Paul explaining that rule of benefi∣cence. Some perhaps urge against us thus: Although I may prefer my own good before my neighbour's, yet this hath not place in unequal goods: wher∣fore my temporal life is rather to be de∣serted than the invader permitted to fall into eternal damnation. But thus it may be answered: He that is inva∣ded hath oftentimes himself also need of time to repent, or hath some reason to think so; and that the assailant too may possibly find some space for repentance before his death. Besides, in a moral judgement, that peril seemeth not fit to be regarded, into which a man casts himself, and from which he may free himself, if he will. Certainly, some of the Apostles, even to the last times, Christ himself seeing and knowing it,
scem to have made their journys ar∣med with the sword: and that othe•…•… Galileans travelling out of their Coun∣try toward the City did the same, 〈◊〉〈◊〉 reason of danger on the way from Rob∣bers, we earn out of Josephus; VVh hath also deliver'd the same of the 〈◊〉〈◊〉 senes, men most innocent and harmele•…•… Hence it was, that when Christ said * 1.185 the time was at hand, when he th•…•… wanted a Sword should sell his gar∣ment and buy one, presently the A∣post•…•…es answer'd (for there were non•…•… but Apostles in that Company:) they had among them two Swords. More∣over, that which Christ said, although in truth it conteins not any precept, but is a proverb, signifying very grea•…•… dangers to be at hand, as appears plain∣ly * 1.186 by the opposition of the first 〈◊〉〈◊〉 which was safe and prosperous; yet 〈◊〉〈◊〉 it such, as is manifestly taken from the usual custom, and which the Apo∣stles esteemed lawful. And surely 〈◊〉〈◊〉 were not lawful to have Swords (they are the words of Cicero) if it be not law∣ful in any wise to make •…•…se of them.
THat precept of Christ, not to re∣sist him that doth injury, is not more universal, than that which follows, Give to every one that asketh: which yet ad∣mits
of an exception; So that our selves be not too much burthened: yea, to that precept of giving, no restriction is added, but it is restrained only by the sense of equity, whereas the precept of not resisting hath its explication adjoy∣ned by the example of a blow on the cheek; that we may understand our selves to be then precisely bound, in case the injury offer'd us be either a blow on the cheek, or equal to it; for other∣wise it had been fitter to say, Resist not the injurious, but rather lose your life, than use your arms. In the words to the Romans, Avenge not your selves: for so it is, (not Defend not your selves:) as the * 1.187 word is used in other places, and here the connexion manifestly shews: The words are these, Recom∣pense to no man evil for evil: a description of revenge, not of defense, this. And Paul supports his precept with a place of Deuteronomy, Vengeance is mine, I will repay: where the word in Hebrew, translated Vengeance, hath properly that signification, and the sense of the place will admit no other. That speech of Christ to Peter, contains indeed a pro∣hibition of using the Sword, but not in the case of defense: neither had he any need to defend himself: for Christ had spoken on behalf of his Disciples: Suffer these to go away: that his saying might be fulfilled; Of those whom thou * 1.188
hast given me, have I lost none: 〈◊〉〈◊〉 Christ; for he would not be defended. Therefore he addes in John, this cause of his prohibition, Shall I not drink 〈◊〉〈◊〉 * 1.189 the cup which my Father hath give•…•… me? and in Matthew he saith, How then should the Scriptures be fulfilled which say these things ought to be done? Wherefore, Peter a man of a hot Spi∣rit, was transported, itseems, with 〈◊〉〈◊〉 mind of revenging, not of defending his Master. Adde, that he took arms against those that came in the name 〈◊〉〈◊〉 the publick powers; Whom, whethe•…•… in any case it be lawful to resist, is a pe∣culiar question, to be handled by us hereafter. That which the Lord saith after, All they that take the sword, shall perish by the sword, either is a pro∣verb taken from vulgar use; whereby is signified, that bloud draweth bloud, and so the use of arms is never without peril: or, it declares * 1.190, that we have no reason to prevent God in taking revenge, which he in his time will duly exact: just as in the Apocalyps, He that killeth with the sword, must be killed with the sword: Here is the patience and the faith * 1.191 of the Saints. Wherewith agrees that of Tertullian: So bounteous a rewarder of patience is God; that if you commit * 1.192
your injury to him, he is a Revenger; if your grief, a Healer; if your death, a Reviver. How great is the power of pa∣tience, to have God himself a Debter to it? And withall, in these words of Christ, seems to be conteined a prophecy of the revenge, which was to be executed up∣on the bloudy Jews by the sword of the Romans. To the example of Christ, who is said to have dyed for his enemies, it may be answered, That it is true, all the actions of Christ are full of vertue, and such as (so far as may be) it is laudable to imitate, and 'twill not want a reward: yet are they not all of such a sort, that they either proceed from some Law, or impose a Law on us. For, that Christ dyed for his enemies and the wicked, was not determined by any Law, but by agreement as it were, and special Covenant made with his Father: who, upon that condition, promised him not only the highest glory, but a seed to endure for ever. Besides, Paul * 1.193 shews this to be a singular and unpa∣ralleld act of Christ: and Christ com∣mands * 1.194 us to expose our lives to dan∣ger, not for all sorts of men, but for those that are partakers of the same Discipline. As for the sayings produ∣ced out of Christian writers, they seem partly to contein Counsel rather and a commendation of a more excellent way, than any strict precept; and partly are
their own private opinions, not of th•…•… whole Church. For in the oldest Ca∣nons * 1.195, which are call'd the Apostles excommunication is not denounced 〈◊〉〈◊〉 against him, who in a fray at the 〈◊〉〈◊〉 stroke hath slain his enemy, * 1.196 for his too much heat and forwardness And Austin, whom we brought on the * 1.197 other side, seems to go into this opi∣nion, quaest. 84. in Exod.
PUblick VVar is either Solemn by the Law of Nations, or less Solemn. What I here call solemn is commonly called just, in the same sense as a just Testament is opposed to Codicils * 1.198: not that it is not lawful for him that pleaseth to make Codicils, but because a solemn Testament hath, by the Civil Law, some peculiar effects. This is worth our observation, seeing many misunderstanding the word just, conceive all VVars to be condemned as unjust and unlawful, whereunto this appella∣tion of just is not agreeable. That VVar, according to the Law of Nations, may be solemn, two things are requisite: first, that it be waged on both sides by
his authority who hath the highest pow∣er in the Common-wealth: Secondly, that certain rites be used, of which we shall speak in due place. One of these, because they are both required, without the other, doth not suffice. Publick War less solemn, may want those rites, and 〈◊〉〈◊〉 waged against private persons, and •…•…ave for the author any Magistrate. And truly, if the matter be considered without civil Laws, it seemeth that e∣very Magistrate hath right to wage War, as for defense of the people committed to his charge, so for the exercise of ju∣risdiction, if he be opposed by force. But because by War the whole Common-wealth is endangered, therefore by the Laws of all people almost, it is provi∣ded, that War be not undertaken with∣out the authority of him, whose power in the Common-wealth is highest. There is exstant such a Law of Plato's * 1.199; and in the Roman Law, it is called treason in him, who without the com∣mand of the Prince hath waged War, or listed Souldiers and raised an Army. In the Cornelian Law brought in by L. Cornelius Sylla it was, without the com∣mand of the people. In Justinians Code is exstant a Constitution of Valentinian and Valens: * 1.200 None have leave to take any arms without our knowledge and di∣rection.
Pertinent is that of Au∣stin * 1.201: Natural order for preserving peace among men requires this, that 〈◊〉〈◊〉 thority and counsel in undertaking 〈◊〉〈◊〉 should remain in the Princes. But, 〈◊〉〈◊〉 all sayings how universal soever 〈◊〉〈◊〉 be interpreted by equity, so must 〈◊〉〈◊〉 Law. For first, there is no doubt, 〈◊〉〈◊〉 that 'tis lawful for one having juri•…•…∣ction, by force of his Apparitors or 〈◊〉〈◊〉 jeants to constrain a few disobed•…•… persons, as oft as there is no need 〈◊〉〈◊〉 greater power to that purpose, and 〈◊〉〈◊〉 danger imminent to the Common-wealth. Again, if it be so present 〈◊〉〈◊〉 danger, that time will not admit of con∣sultation with him, who hath sup•…•… power, here also necessity affordeth 〈◊〉〈◊〉 exception. By this right L. Pin•…•… * 1.202 Governour of Enna a Garrison in 〈◊〉〈◊〉 cily, having certain information that 〈◊〉〈◊〉 Townsmen were falling off to the 〈◊〉〈◊〉 thaginians, making a slaughter of then kept the Town. Without such nece∣sity, to revenge the injuries which the King neglecteth to persue, a right of 〈◊〉〈◊〉 ring is allowed to the Citizens by the bolder pen of * 1.203 Franciscus Victoria but his opinion is by others justly re∣jected.
IN such cases, wherein the lower pow∣ers have right to make War, the In∣terpreters of Law do not agree, whe∣ther that War may be called publick. Some say, Yea * 1.204: some, No * 1.205. Certain∣•…•…y, such VVars are publick, if by pub∣•…•…ick we mean that which is made by the right of the Magistrate; and therefore, they that in such a case oppose them∣selves against the Magistrates fall into the punishments of persons contumaci∣ous against Superiours. But if publick be taken in the more excellent significa∣tion for that which is solemn (as it is without controversy oft taken) those Wars are not publick, because to the plenitude of that right, both the judge∣ment of the highest power, and other things are requisite. Nor am I mov'd with this, that in such contention also they are wont to take the spoil of the resisters and give it to the Souldier † 1.206: for this is not so proper to solemn War, but it may have place elsewhere * 1.207. And it may also happen, that in an Empire of larger extent, the inferiour powers may have power granted them to begin a War: in which case, the VVar is sup∣posed to be made by the highest Power; because, every one is judged author of
that which he giveth another Commis∣sion to do. That is more Controver•…•… whether a conjecture of the will of th•…•… highest, where there is no mandate, 〈◊〉〈◊〉 sufficient. To me it seemeth not. For 〈◊〉〈◊〉 sufficeth not to see, what would be the pleasure of him that hath the highe•…•… Power, if he were consulted with in this conjuncture of affairs; but this is ra∣ther to be considered, what he, wher•…•… the matter admits delay, or is of doubt∣ful deliberation, may desire should be done without consulting with him, if a Law were to be made about it. For, al∣though in some particular fact the par∣ticular reason ceaseth, which moves the will of the Soveraign, yet the univer∣sal reason holdeth, which requires dan∣gers to be withstood. VVhich cannot be, if every Magistrate draw unto him∣self the judgement thereof. Justly there∣fore * 1.208 was C. Manlius accused by his Legats * 1.209, because without command of the Roman people he had made VVa•…•… upon the Gallo-Grecians; for, albeit the Legions of the Galli had served in the Army of Antiochus, nevertheless after the peace agreed on with Antio∣chus, whether that injury were to be re∣venged upon the Gallo-Grecians, was not at the pleasure of C. Manlius but of the people of Rome. That C. Caesar for carrying VVar against the Germans, should be yielded up to the Germans,
was the sentence of Cato; not so much (as I conceive) regarding justice, as de∣siring to acquit the City from the fear of an Usurper; for the Germans had given aid to the Gauls, enemies of the Roman people, and therefore had no reason to complain of injury done them, if the Romans had just cause of warring against the Gauls. And yet Caesar ought to have been content with the expulsion of the Germans out of Gallia, the Province committed to him, and not to pursue the Germans with War within their own bounds, especially without any appearance of danger thence, unless he had advised first with the people of Rome. So then, the Germans had no right to require him to be given up into their hands, but the people of Rome had right to punish him: just as the Carthaginians answe∣red the Romans, Whether Saguntum wa•…•… assaulted by private or publick Coun∣sel, * 1.210 we conceive is not to be made the question; but this, whether it was as∣saulted justly, or unjustly: for to our selves is an account to be given by our Ci∣tizens, whether he did it of himself, or by Commission; With you this alone is dis∣putable, whether it vere a violation of the league or no. Cicero defends the action both of Octavius and Decimus Brutus, who on their own heads took Arms against Antonius. But, suppose
Antony dese•…•…ved hostile opposition, yet was the judgement of the Senate and people of Rome to be waited for, whe∣ther it were for the good of the Common∣wealth to dissemble what was done, 〈◊〉〈◊〉 to revenge it; to come to conditions of peace, or go forth to War. For no man is compell'd to use his own right, which is often conjoind with hazard. Again, suppose Antonius be declar'd an enemy, * 1.211 yet the deliberation was to be left to the Senate and people of Rome, by whose conduct especially they would p ease to make the War. Thus the Rhodians answer'd Cassius, when he demanded aid according to the league, that they would send him aid if the Senate wou'd command. Being admonisht by this example (and we may meet with more) let us remember not to approve of all things, though deliver'd by Authors of greatest name; for they often serve the times, or their affections, and bend the rule as occasion requires? wherefore 〈◊〉〈◊〉 must take some pains in matters of this nature to clear the eye of our judgement, and examine things thorowly, and no•…•… rashly draw into example what may rather be accounted capable of excuse, than worthy of our praise and imitation: Wherein some fall into pernicious er∣rours. Now whereas it hath been said, that publick War is not to be waged unless by his authority who hath the
highest power, to the understanding hereof, and of that question that is a∣bout solemn War, and so to many other purposes, it will be necessary to under∣stand what is that highest Power, and who have it: and so much the more necessary, because in our age learned men, every one having pursued that Argument rather according to the exi∣gence of present affairs, than according to the Truh, have rendred the matter much more difficult, which of it self is not very easy.
THe moral faculty of Governing a City * 1.212, which is stiled by the name of civil Power, is described in Dionysius Halicarnessensis by three especial notes, a right of creating Magistrates, a right of making and abolishing Laws, * 1.213 a right of decreeing War and Peace; else∣where he addes a fourth, Courts of ju∣stice; and elsewhere the care of Reli∣gion, and calling of assemblies. Others * 1.214 express themselves otherwise. But if one will make an exact partition, he shall easily find all that pertains hither, so that nothing may be wanting or su∣perfluous. For the Governour of a Ci∣ty governs it partly by himself, partly by others. By himself he is either con∣versant about universals, or about sin∣gulars.
About Universals, by making and abolishing Laws, as well about sa∣cred (so far as the care of them belongs unto the City) as about civil affairs. This art is call'd by Aristotle archi∣tectal. The singulars about which he is * 1.215 conversant, are either directly publick, or private, yet in order to the publick. Directly publick are Actions, as of Peace, War, Leagues; or Things, as Tributes and the like: Wherein is comprehen∣ded also that eminent Dominion, which the City hath over the Citizens and their estates for the publick use. The Art a∣bout these is exprest in Aristotle by the general name political or civil, and * 1.216 is also called the Art of consultation. Private things are such as are contro∣verted between party and party, which it concerns the publick quiet to be de∣termined by publick authority. And this Art is by Aristotle termed judicial. The things done by another, are dispat∣ched * 1.217 either by Magistrates, or by other procurators, to which number Embas∣sadors are to be referred. And in these particulars consisteth the civil power.
THat is call'd the Highest Power whose acts are not under the right of another, so as to be made void at the pleasure of another humane will. When
I say of another, I exclude him who en∣joyeth the highest Power (who may change his own will) as also his Suc∣cessor * 1.218, who enjoyeth the same right, and therefore hath the very same pow∣er. Let us now see, in what subject this highest power is. There is a com∣mon subject, and a proper subject: as the common subject of sight is the body, the proper is the eye; so the common subject of the highest Power is a City, that is, a perfect society. We exclude therefore people or Countries that have yielded up themselves, or fallen to the dominion of another people, such as were the Provinces of the Romans: for these are not by themselves a City, as now we take the word, but less wor∣thy members of some great City, as servants are members of the family. Again it comes to pass, that several Na∣tions or Countries have one and the same head, which do nevertheless every one make up a perfect society by them∣selves: for it is not in the moral body as in the natural; in the natural, one cannot be the head of several bodies; but in the moral, the same person, consi∣dered in a divers relation, may be the head of bodies many and distinct. Wher∣of this is a certain Argument, that the Royal Family being exstinct, the Em∣pire * 1.219 returns to every people severally. So also it may happen, that more Ci∣ties
may be confederated one with ano∣ther by a most close league, and make certain System, as Strabo uses to speak and yet, not any one of them ceases 〈◊〉〈◊〉 retain the State of a perfect City: which is noted both by others, and by Ari∣stotle in more places than one. 〈◊〉〈◊〉 then, let a City, so understood as we hav•…•… said, be the common subject of the high∣est Power: the proper subject is a per∣son, one or more, according to the 〈◊〉〈◊〉 and customs of every Nation * 1.220.
HEre is first to be rejected their opi∣nion, who will have the highest Power every where, and without ex∣ception, to be in the people, so 〈◊〉〈◊〉 they may restrain and punish Kings, as oft as they use their power amiss: which opinion, how many mischiefs 〈◊〉〈◊〉 hath occasion'd, and may yet produce, if it be throughly en•…•…rtain, every wise man sees. We oppose these Ar∣guments against it. It is lawful for 〈◊〉〈◊〉 every man to addict and yield himself into private servitude to whom he plea∣seth, as appears both out of the Hebrew * 1.221 Law and the Roman. Why then may not any people, being at their own dis∣pose, give up themselves to one or more, so as to transcribe the right of gover∣ning
them wholy to their Ruler, no part of that right retained or reserved to themselves? Nor may you say, that cannot be presumed: for we do not here enquire, what may be presumed in a doubtful case, but what may be done in * 1.222 point of right 〈◊〉〈◊〉 vain also are here al∣leged the incommodities that follow, or are possible; for what kind of Go∣vernment soever you shall frame in your mind, you will never exclude all incommodities or hazards. You must be content, in every way, to take the good and evill * 1.223 one among another. Now as there are many courses of life, one more excellent than another, and every man is at liberty among many to choose which he doth most affect; so may any people also make choice of what form of government they please: neither is the right to be measured by the excel∣lency of this or that form (for divers men have divers judgements hereof) but by their * 1.224 will. And indeed there may arise many causes, why the peo∣ple may abdicate from themselves the whole right of commanding, and give it to another, viz. because being brought into danger of their life, they can find no other way to preserve them∣selves; or because being opprest with
want, they can have no sustenance or•…•… other terms. For if the Campanians 〈◊〉〈◊〉 old, being subdued by necessity, subje∣cted themselves * 1.225 to the Roman people in this form: The people of Campania, and the City Capua, our Lands, the Temples of our Gods, all divine and hu∣mane things, we yield up into your hand, O ye Con'cript Fathers: and fund•…•… people when they desired to subj a themselves to the dominion of the Ro∣mans * 1.226 were not accepted, as 〈◊〉〈◊〉 saith: what hinders, but that a people after the same manner may yield up 〈◊〉〈◊〉 self into the hand of one propotent and over-mighty man * 1.227? Moreover, it 〈◊〉〈◊〉 happen, that some Father of a Fami∣ly, possessing a large estate of Lands may please to receive no inhabitant 〈◊〉〈◊〉 to his possession, but upon such cond∣tion: or, that some Master having 〈◊〉〈◊〉 great number of servants may manu•…•… and set them at liberty, on conditio•…•… that they be subject to his Government and pay him tribute. VVhich cases 〈◊〉〈◊〉 not without their examples. Tacit•…•… concerning the servants of the Ger∣mans, saith, Every one is Master of his own house and estate: The Lord impi•…•…∣seth and requireth of them (as his far∣mers) a rent of Corn, or Cattle, or cloths; and the servant so far is sub•…•…ect. Adde, that as Aristotle hath said, some 〈◊〉〈◊〉 are by nature servants, i. e. fit for ser∣vitude;
so also some Nations are of this disposition, that they know better how to be ruled, than how to rule: Which the Cappadocians seem to have thought of themselves, who preferred the life un∣der * 1.228 a King before the Liberty offer'd them by the Romans, and affirmed, they could not live without a King. So Phi∣lostratus, * 1.229 in the life of Apollonius, saith, It is a folly to bestow Liberty upon the Thracians, Mysians, Getes, which they would not gladly accept. And more∣over, some might be moved by the exam∣ples of those Nations, which for many ages lived happily enough under a Go∣vernment plainly regal * 1.230. The Cities † 1.231 under Eumenes, saith Livy, would not have changed their fortune with any free City whatsoever. L. 42. Some∣times also the State of the * 1.232 City is such, that it cannot be safe, unless under the free Empire of † 1.233 One: which conceipt many prudent men had of the Roman, as the case stood in the time of Caesar Augustus. For these causes therefore, and the like, it may not only possibly, but
doth usually come to pass, that men sub∣ject themselves to the Empire and pow∣er of another: which also Cicero notes in the second of his offices.
FUrther yet, by a just War (as we have said afore) as private dominion may be acquired, so also civil dominion, or the right of reigning without depen∣dence. Neither do I speak this only in behalf of the Empire of One, where that is receiv'd, I would not be so mi∣staken: but the same Arguments are of force for conserving the Empire of ma∣ny, where many nobles or states have this same right of supreme power, and govern the City, the Plebeians being excluded. What, that no Common-wealth hath ever been found so popu∣lar, wherein some, such as are very poor or foreigners, and also Women and Youth are not kept from publick Counsels? Besides, some † 1.234 States have other people under them, not less sub∣ject, than if they did obey Kings. Whence that question, Is the Collatin
people in their own power? and the Cam∣panians, when they had yielded up themselves to the Romans, are said to be under the power of others. Many are the examples to this purpose; and they are all of no value, if we once grant this, that the right of ruling is al∣waies subject to the judgement and will of them who are ruled. But on the con∣trary, it is evident both by sacred and prophane history, that there are Kings * 1.235 that are not inferiour to the people, though taken all together. If thou shalt say, saith God speaking to the people of Israel, I will set a King over me: and to Samuel, Shew unto them the right of the King that shall reign over them. Hence is a King called, the A∣nointed over the people, over the in∣heritance of the Lord, over Israel: Sa∣lomon King over all Israel. So David giveth thanks to God, for subduing his people under him. The Kings of the Nations, saith Christ, bear rule over them. And that of Horace * 1.236 is well known:
Commands of Kings their subjects move: And Kings are subject unto Jove.Seneca thus describes the three forms * 1.237 of Government: Sometimes the peo∣ple
are they whom we ought to fear; some∣times, if the Discipline of the Common-wealth be so, that most things be trans∣acted by the Senate, the gracious men therein are feared; sometimes single persons to whom the power of the people and over the people is given. Such are they who, as Plutarch saith, have a command not only according to the Laws, but over the Laws also; and, in Herodotus, Otanes thus describes a single Empire: to do what one pleaseth, so as not to be accomptable to any other; * 1.238 and Dio Prusaeensis defines a Kingdom; to have command without controul. Pausanias * 1.239 opposes a kingdom to such a power as must give account to a supe∣riour. Aristotle saith, there are some Kings with such a right, as else where the Nation itself hath over it self, and that which is its own. So, after that the Ro∣man Princes began to take upon them * 1.240 an Authority truly regal, the people is said to have conferred upon them all their Authority and power, and that o∣ver themselves, as Theophilus interprets. Hence is that saying of M. Antonius the Philosopher: None but God alone can be * 1.241 judge of the Prince. Dion. of such a Prince: He is free, having power over himself and the Laws, that he may * 1.242 do what him pleaseth, and what likes him not, leave undone. Such a king∣dom was of old that of the Inachidae a•…•…
Argos * 1.243; far different from the Atheni∣an Common-wealth, where Theseus † 1.244, as Plutarch tells us, acted only the part of a General, and Guardian of the Laws, in other respects not superiour * 1.245 to the rest. Wherefore, Kings subject to the people are but improperly cal∣led Kings: as after Lycurgus, and more, after the Ephori were established, the Kings of the Lacedemonians are said † 1.246 to have been Kings in name and title, not really and indeed. Which exam∣ple was also followed by other States in Greece. Pausanias Corinth. The Ar∣gives in love of equality and liberty have * 1.247 long since very much abated the regal power, so that they have left the Sons of Cisus, and his posterity, nothing beside the name of a Kingdom. Such Kingdoms Aristotle saith, do not make any proper kind of Government, because they only are a part in an Optimacy or Populacy. Moreover, in Nations that are not perpe∣tually subject unto Kings, we see exam∣ples as it were of a Kingdom tempo∣rary * 1.248, which is not subject to the peo∣ple. Such was the power of the Amy∣mones among the Cnidians, and of the Dictators among the Romans in the first
times, when there was no appeal 〈◊〉〈◊〉 the people: whence the Dictators E∣dict, as Livy saith, was observed as 〈◊〉〈◊〉 Oracle, and there was no help but 〈◊〉〈◊〉 their care of obeying it: and the force of the regal power, was besieged with the Dictatorship, as Cicero speaketh.
THe Arguments brought on the con∣trary part are not hard to be solved. For first, that they affirm the Constitu∣ent to be superiour to the Constitutel is true only in that constitution whose effect perpetually depends on the will of the Constituent; and not in that which at first proceeds from the will, but afterward hath the effect of necessi∣ty: even as a woman makes to her self a husband by consent, whom she must of necessity obey for ever. Valentinian the Emperour, to the Souldiers who had made him so, when they asked somewhat of him which he thought un∣reasonable, gave this answer * 1.249: To elect me to rule over you, was in your power, O my Souldiers, but since you have e∣lected me, the thing you ask is at my plea∣sure,
not yours. You as subjects ought to obey, I must consider what is fit to be done. Besides, the Assumption is not true, that all Kings are constituted by the people: which may be sufficiently understood by the examples of a Father of a family admitting Tenants on con∣dition of obedience, and of Nations o∣vercome in War, which above are men∣tioned. Another Argument they draw out of that sentence of Philosophers; All Government is for the benefit of them that are govern'd, not of them that do govern: Whence they think it follows from the Nobilitie of the end, that the Governed are superiour to the Gover∣nour. But, neither is that universally true, The good of the governed is the end of all Government: for some Go∣vernments are by themselves for the Ru∣lers sake, as that of a Master: for the servants profit is there extrinsecal and adventitious; even as the Physicians F•…•…e pertains nothing to the Medicine it self. Other Governments there are for mutual benefit, as the Husband's. So, certain Empires may have for their end the utility of the Kings; namely, such as are gotten by conquest, and are not therefore to be called Tyrannical, seeing Tyranny, as the word is now taken, in∣cludes injustice. Some also may respect as well his utility that rules, as his that is ruled; i. e. when an impotent people
set over themselves a potent King 〈◊〉〈◊〉 their defense. Yet do I not deny, that in many Empires is properly respe∣cted the profit of the subjects; nad true it is, which Cicero after Herodo∣tus, Herodotus after Hesiod hath de∣liver'd, That Kings were constituted to the end justice may be had. And yet, it doth not follow thence, what they infer, that the people are superiour to the King; for tutelage also was found out for the Pupils good, yet is tuition a right and power over the Pupil. Nor is the objection of any moment, if 〈◊〉〈◊〉 say, the Tutor may be put out of his charge upon mal-administration of the Pupils estate, and therefore the same must take place upon the King: for this holds in the Tutor, who hath a Supe∣rior; but in Empires, because a progress in infinitum is not granted, we must by all means make a stop in some per∣son or persons, whose faults, because they have no Superior Judge, God him∣self * 1.250 testifies that he takes into his pe∣culiar cognizance. And he either doth justice upon them, if he judgeth it to be needfull, or else forbeareth them for a punishment or tryal of the people. Excellently saith Tacitus: As drougth * 1.251 or excessive rain and other evils of nae∣ture,
so bear ye patiently the luxury or avarice of Rulers. Vices will continue as long as there are men: but, neither are they continual, and they are recom∣pensed by the intermixture of better things. And it was a good saying of M. Aurelius: Magistrates judge of private persons, Princes of Magistrates, God of Princes * 1.252. Notable is the place in Gregorius Turonensis, where that Bi∣shop thus addresses himself to the King of France: O King, if any one of us go beyond the bounds of justice, he may be corrected by you: but if you exceed, Who shall chastise you? For we speak unto you, and you hear us, if you will; but if you will not, who shall condemn you, but He who hath pronounced Him∣self to be JUSTICE? Among the doctrines of the Essens, † 1.253 Porphyry remem∣bers this: That Empire falleth not to any man without Gods * 1.254 especial care, Irenaeus very well: By whose appoint∣ment men are born, by his appoint∣ment also Kings are constituted, fit for the people, who in those times are go∣govern'd
by them. There is the same sense in the Constitutions which are call'd Clement's: Thou shalt fear the * 1.255 King, knowing that he is chosen by the Lord. Nor doth it overthrow these things which we have said, that we read the people punished sometimes for * 1.256 the sins of their Kings: for this cane not so to pass, because the people dd not punish nor restrain the King, but because they did, at least tacitely, con∣sent to his faults. Nevertheless it is certain too, without that, God might use his supreme dominion, which he hath over the life and death of every one, for to punish the King; whose punishment indeed it is, to be deprived of his Sub∣jects.
OThers there are, who feign un•…•… themselves a certain mutual sub∣jection, so that the whole people ought to obey the King governing well; and the King governing ill, ought to be sub∣ject to the people. These men, if they did say, Things manifestly unjust are not to be done at the Kings command, would speak a truth, which is acknow∣ledged among all honest men: but this includes no coaction, or right to com∣mand the King. And, had it been the purpose of any people to divide the
power with the King (of which we shall say somewhat hereafter) such bounds surely ought to have been as∣signed to either power, which might easily be distinguisht by the difference of places, persons, or affairs. But, the goodness or illness of act, especially in civil matters which oft have an obscure disceptation, are not fit to distinguish parts. Whence very great confusion cannot but follow, whilst under pre∣tence of a good or evill act, on the one side the King, on the other side the peo∣ple draw unto themselves, according to their right of power, the cognizance of the same matter. Such a perturbation of things, so far as I can remember, ne∣ver any people was so phantastick as to introduce.
FAlse opinions being removed, it re∣mains that we set down some cau∣tions, that may open a way to make a right judgement, to whom the right of supreme power in every Nation be∣longs. Our first caution is, that we be not deceived with the ambiguous sound of a name, or the shew of external things. For example, although among the La∣tins principality and Kingdom are wont to be opposed, as when Caesar saith, the
Father of Vercingetorix held the prin∣cipality of Gallia, but was slain for af∣fecting the Kingdom; and when Pisi in Tacitus calls Germanicus the Son of a Prince of Romans, not of a King of Parthians; and when Suetonius saith Caligula wanted but a little of turning the principality into a Kingdom; and when Maroboduus is said by Velleius to have embraced in his mind, not a prin∣cipality consisting in the will of those that obey, but a regal power: Never∣theless, we see these names are often times confounded; for, both the Lace∣daemonian Leaders of Hercules posteri∣ty, after they were subject to the Epho∣ri, were yet stiled Kings, as we have said afore; and the antient Germans had Kings, which, as Tacitus speaketh, were Soveraign by the authority of per∣swading, * 1.257 not by the power of comman∣ding. * 1.258 And Livy saith of King Evander, that he ruled by authority rather than command: and Aristotle and Poly∣bius call Suffetes King of the Cartha∣ginians, and Diodorus too, as also Han∣no * 1.259 is called King of the Carthaginians by Solinus. And of Scepsis in Troas * 1.260
Strabo relates, when having joyned to them the Milesians into one Common-wealth, they began to use a popular Government, the posterity of the old Kings retained the royal name & some∣what of the honour. On the contra∣ry, the Roman Emperors, after that o∣penly and without any dissimulation they held a most free regality, yet were stiled Princes. Moreover, Princes in some free Cities have the Ensigns and marks of royal Majesty given unto them. Now, the Assembly of the States * 1.261, that is, of them that represent the people distributed into classes, in some places indeed serve only to this purpose, that they may be a greater Council of the King, whereby the com∣plaints of the people, which are oft con∣cealed in the Privie Council, may come unto the Kings ear: in other places have a right to call in question the actions of the Prince, and also to prescribe Laws, whereby the Prince himself is bound. Many there are, who think, the difference of the highest Empire, or of that less than the highest, is to be taken from the conveyance of Empire by way of election or succession. Empires devolved this way, they affirm to be highest, not those that come the other way. But it is most certain, this is not universally true; for succession is not the title of Empire, which gives it form,
but a continuation of what was before The right begun from the election 〈◊〉〈◊〉 the Family is continued by succession wherefore, succession carries down 〈◊〉〈◊〉 so much, as the first election did confe•…•… Among the Lacedemonians, the King∣dom passed to the Heirs, even after 〈◊〉〈◊〉 Ephori were ordained. And of such Kingdom, that is, a principality, 〈◊〉〈◊〉 Aristotle * 1.262: some of them go by rige•…•… of bloud, some by election: and in the Heroical times most Kingdoms in Greece were such, as besides him, Thucydid•…•… * 1.263 notes. On the contrary, the Roma•…•… Empire, even after all the power boti•…•… of Senate and people was taken awa•…•… was bestowed by election.
LEt this be the second caution. 〈◊〉〈◊〉 one thing to enquire of the thing, •…•…nother * 1.264 of the manner of holding it: which is appliable not only to corporal things but incorporal also. For, as a Field is a thing possessed, so is a passage, an act, a way. But these things some hold by a full right of propriety, others by a righ•…•… usufructuary, other by a temporary right; So the Roman Dictator, by a tempo∣rary * 1.265 right, had the Highest power: and some Kings, both the first that are elected, and they that succeed them in a lawful order, by an usufructuary right;
but some Kings by a full right of pro∣priety, as they that by a just War have gotten their Empire, or into whose pow∣er some people, to avoid a greater evill, have so given up themselves, that they excepted nothing. Neither do I assent to them, who say the Dictator had not the highest power, because it was not perpetual; for the nature of moral things is known by the operations: wherefore such faculties as have the same effects are to be called by the same name. Now, the Dictator, within his time, exerciseth all acts by the same right * 1.266, as a King of the best right; nor can his act be ren∣dred void by any other. As for duration, that changeth not the nature of the thing: though if the question be of dig∣nity, which is wont to be stiled Ma∣jesty, this is greater, no doubt, in him to whom perpetual right is given, than to whom temporary right; because the manner of the Tenure is of moment in respect of dignity. And I would have the same understood of these, that be∣fore Kings come to age, or whilst they are hindred by loss of reason or their li∣berty, are appointed Curators of the Kingdom, so, that they be not subject to the people, nor, their power revo∣cable before the appointed time. Ano∣ther judgement is to be made concerning those that have received a right revoca∣ble at any time, that is, a precarious
right, such as of old was the Kingdom of the Vandals in Africa, and of the * 1.267 Goths in Spain * 1.268, when the people de∣posed them, as oft as they were displea∣sed † 1.269; for every act of such Kings may be rendred void by these that have given them a power revocably; and therefore, here is not the same effect, nor the same right, as in other cases.
THat which I have said, that some Empires are in full right of proprie∣ty, i. e. in the patrimony of the Ruler, is opposed by some learned men with this Argument, That free-men are 〈◊〉〈◊〉 * 1.270 in commerce. But, as power is either Lordly, or Regal; so also Liberty is ei∣ther personal, or civil; and again, either of single persons, or of all together: for the Stoicks too did say, there is a certain servitude consisting in * 1.271 subje∣ction; and in the holy Scriptures the Kings subjects are call'd his servants. As therefore personal liberty excludes Master-ship, so civil liberty opposes re∣gality, and any other dition properly so
called. So Livy opposeth them, saying, The people of Rome are not in a kingdom, * 1.272 but in liberty: and elsewhere he distin∣guisheth the people enjoying liberty * 1.273 from those that lived under Kings. Cicero † 1.274 said, Either the Kings should not have been expell'd, or liberty should have been given to the people really, and not in words. After these Tacitus, The City of Rome from the beginning was under Kings: L. Brutus brought in Li∣berty and the Consulship. Strabo saith of Amisus, it was sometime free, some∣time under Kings. And frequently in the Roman * 1.275 Laws, foreiners are di∣vided into Kings and free State:. Here then the question is not concerning the liberty of single men, but of a people. And further, as for private, so for this publick subjection some are said to be, not of their own right, not of their own power † 1.276. Yet properly, when a people is alienated, the men themselves are not alienated but the perpetual right of go∣verning them, as they are a people. So, when the freed servant of a Patron is assigned to one of his children, it is not the alienation of a freeman, but he trans∣cribes and makes away the right he had over another man. Nor is that more firm, which they say, If a King hath
gotten any people by War, whereas he subdued them not without the bloud and sweat of his subjects, they are rather to be taken for the acquest of the Sub∣jects than of the King. For haply, the King maintain'd his Army out of his own private * 1.277 substance, or out of the profits of that Patrimony † 1.278 which fol∣lows his principality; for suppose a King hath but the usufruit of that very Pa∣trimony, as also of the right of gover∣ning the people which hath elected him, yet are those fruits his own. (As it is declared in the † 1.279 civil Law, that the fruits of an inheritance, which is commanded to be restored, are not restored; because they arise not from the inheritance, but from the Thing.) Wherefore it may come to pass, that a King may have command over some people by a pro∣per right * 1.280, so that he may also alienate them. Strabo † 1.281 saith, the Island Cy∣thera lying over against Taenarus was by his own private right pertaining to Eurycles Prince of the Lacedemonians. So, King Salomon gave to Hirom * 1.282, King of the Phenicians, twenty Cities; not
of the Cities of the Hebrews: for Cabul (which name is attributed to those Ci∣ties) is seated without the Hebrew bounds, Jos. 19. 27. but of those Cities, which the conquered Nations, enemies * 1.283 of the Hebrews, had retained till that * 1.284 day; and which partly the King of E∣gypt, Salomon's Father-in-Law, had o∣vercome, and given as a dowry to him, partly Salomon himself had taken in; for that they were not inhabited by the Israelites, at that time, is proved by this argument, because after Hirom restored them, then at last Salomon carried thither Colonies of the Hebrews. So Hercules * 1.285 is read to have given to Tyndareus the Empire of Sparta taken in War, u∣pon * 1.286 these terms, that if Hercules should leave any children, it should be retur∣ned to them. Amphipolis was given as a dowry to Acamas the Son of Theseus; And in Homer Agamemnon promiseth to give Achilles seven Cities. King A∣naxagoras freely bestowed two parts of his Kingdom upon Melampus * 1.287. † 1.288 Ju∣stin saith of Darius, He gave by Testa∣ment the Kingdom to Artaxerxes, to
Cyrus certain Cities, whereof he was Governour. So the successors of A∣lexander are to be thought, every one for his part, to have succeeded into that full right and propriety of ruling over the Nations, which were subject to the * 1.289 Persians, or else themselves to have ac∣quired that power by the right of Vi∣ctory. Wherefore it is no marvell if they assumed to themselves a right of aliena∣tion. So when King † 1.290 Attalus the Son of Eumenes had by his testament made the people of Rome heir of his Goods, the people of Rome under the name of Goods comprehended his Kingdom too. And after when Nicomedes King of Bi∣thynia dying had made the Roman peo∣ple Heir, the Kingdom was reduced into the form of a * 1.291 Province.
BUt in Kingdoms which are conferred by the will of the people, I grant * 1.292 it is not to be presumed that it was the will of the people, that an alienation of his Empire should be permitted to the King. Wherefore, what Crantzius notes in Unguinus as a new thing, that he had bequeathed Norway by his testa∣ment, we have no reason to disapprove, if he respecteth the manners of the Ger∣mans, among whom Kingdoms were not held with so full a right. For, wher∣as Charls the Great and Lewis the pi∣ous and others after them even among the Vandals and Hungarians have dis∣posed of Kingdoms in their testaments, that had rather the vertue of a commen∣dation † 1.293 among the people, than the force of a true alienation. And of Charls, Ado specifies the same, that he desired his testament should be confirmed by the chiefest of France. Whereunto that is like which we read in Livie, that Philip King of Macedonia, when he had a mind to keep Perscus from the King∣dom, and in his place to advance
Antigonus, his Brothers Son, visite•…•… the Cities of Macedonia to commen•…•… † 1.294 Antigonus to the Princes. Nor is 〈◊〉〈◊〉 material, that the forementioned Lew•…•… is read to have rendred the City Rome to Pope Paschal, seeing the Franks migh•…•… rightly render to the people of Rome that power over the City, which they had received from the same people: 〈◊〉〈◊〉 which people he did sustein as it We•…•… the person, who was Prince of the first order.
THe truth of our foresaid note, about distinguishing the height of power from the fulness of having it, will ap∣pear in this, that as many highest Em∣pires are not, so many not highest are held fully. Whence it is that * 1.295 Mar∣quessates and Earldoms are wont to be sold and disposed of by will more easily than Kingdoms. Moreover the same di∣stinction shews it self in the Protector∣ship † 1.296, whilst a King, either by non-age or by disease, is unable to manage his own power. For, in Kingdoms that are not Patrimonial, the Protectorship be∣longs to them, to whom the Publick
Law, or in defect thereof the consent of the people * 1.297 doth commend it: in Patrimo∣nial Kingdoms, to them who are chosen by the Father † 1.298 or by the next of Kin. So we see in the Kingdom of the Epirots, which arose from the peoples consent, Aribas a Pupil-King had Tutors pub∣likely appointed him: and so had the post∣hume Son of Alexander the Great by the Macedonian Peers. But in the lesser Asia, gotten by War, King Eumenes appointed his Brother to be Tutor to his Son Attalus. So Hiero the Father reigning in Sicily ordained by his te∣stament whom he pleased to be Tutors to his Son Hierom. Now, whether a * 1.299 King be withall, in his private right, a Lord of Land, as the King of Egypt * 1.300 was after the time of Joseph, and the Indian Kings which Diodorus and Stra∣bo speak of; or be not, this is extrin∣secal to his Empire, and perteins not to the nature of it: wherefore, it neither maketh another kind of Empire, nor another manner of holding the same Em∣pire.
LEt this be observed in the third place, An Empire ceaseth not to be supreme, although hee that is to rule promise certain things
* 1.301 to the subjects or to God, even su•…•… things as pertain to the way of ruling. Nor do I now speak of keeping the na∣tural and divine Law, adde also that of Nations, unto which all Kings are bound, though they promised nothing; but of certain rules, to which without a promise they were not bound. The truth of what I say appears by silimi∣tude of a Father of a Family: who, 〈◊〉〈◊〉 he hath promised his Family to do somewhat which belongs unto their Government, shall not thereby cease to have, so far as may be in a Family supreme right therein. Nor is the Hus∣band deprived of marital power, be∣cause of some promise to the Wise. I confess, by this means the Empire is in some sort streightned, whether the obligation ly upon the exercise of the act only, or also directly upon the faculty it self. In the first way, the act done against promise will be unjust: because, as we shew elsewhere, a true promise gives hima right, to whom 'tis made: and in the other way, it will be null by want of faculty. Nor yet doth it thence follow, that he that makes the promise hath any superiour: for, in this case, the act is rendred null, not by superiour force but in Law. Amongst the Persians, the King was Supreme and absolute * 1.302; adored as the Image of God: and as Justin † 1.303 saith, he was not chan∣ged
but by death. A King was he that to the Peers of Persia spake thus: I * 1.304 have called you together, that I might not seem to use only my own Counsel: but remember it is your duty rather to obey than perswade. Yet he took an oath at his entrance, as Xenophon and Diodorus Siculus have noted, and it was not lawful for him * 1.305 to change certain Laws made after a particular form. The same is related of the Ethiopian Kings by * 1.306 † 1.307 Diodorus Siculus. And by his relation the Egyptian Kings, who (no doubt) as well as other Kings of the East had Supreme power, were bound to the ob∣servation of many things: but, if they had done the contrary, could not be accused living; dead, their memory was accused * 1.308, and being condemned they wanted solemn burial: as also the bo∣dies of the Hebrew Kings † 1.309, who had reigned ill, were not buried in the roy∣al Sepulchers: an excellent tempera∣ment, whereby, both the highest pow∣er was kept sacred, and yet by fear of a future judgement, Kings were kept from breaking their trust. That the Kings al∣so of Epirus were wont to swear, they would reign according to the Laws, we
learn of Plutarch * 1.310 in the life of Pyr∣rhus. But suppose it be added, If the King breaks his trust, he shall be dep•…•…∣sed † 1.311? Yet will not the power hereby cease to be the highest, but the mann•…•… of holding it weakned by this conditi∣on, and the Empire will be as it were temporary. It is said of the King of Sabaeans, that he was absolute * 1.312 and of a most free power, but that he might be stoned if he went out of his Palace † 1.313. In like manner, an estate of Land, that is held in trust, is an estate, as well as if it were possessed in full dominion, but it is holden for a time or at the plea∣sure of another. And such a Commis∣sory Law or condition may be annexed not only in the bestowing of a King∣dom, but in other contracts; for some Leagues too with neighbours, we see, are entred with the like * 1.314 sanction.
FOurthly it must be noted, Although the highest power be one and undivi∣ded by it self, consisting of the parts a∣bove set down, supremacy * 1.315 being added; Yet may it sometimes happen to be divided * 1.316, either by parts, which they call potential, or by parts subjective.
So when the Roman Empire was one, it often came to pass, that one Ruler had the East, another the West, or that three divided the world between them. And so it may be, that a people choosing a King may reserve some acts to themselves, and may commit others to the King with full right. Yet is not that done, as we have shewed already, whensoever the King is bound up with certain promi∣ses, but then we must conceive it to be done, if either a partition be made ex∣presly † 1.317, of which we have spoken afore; or, if a people, yet free, lay upon their future Kings a charge by way of an abiding precept; or, if a clause be added to signifie that the King may be compeld or punisht. For a precept is from a superiour, superiour at least in that particular which is given in precept: and to compell is not alwaies the pro∣perty of a superiour (for also natural∣ly every one hath a right to compel his debtor) but is repugnant to the nature of an inferiour. Parity therefore at least follows from coaction, and so a division of the supremacy. Against such a State, as being double headed, many allege many incommodities: but (as we have also said above) in civil affairs there is nothing wholy without incommodities; and Right is to be measured, not by that which seems best to you or me, but by the will of him whence right ariseth.
An antient example is brought by Pla•…•… in his third de legibus: For when the House of Hercules had built Arg•…•… Messena and Lacedemon, the King were bound to keep their Governmen•…•… within the bound of prescribed Laws; an•…•… whilst they did so, the people were obli∣ged to leave the Kingdom to them and their posterity, and suffer none to take it from them. And to this, not only King and their own people have mutually 〈◊〉〈◊〉 venanted, but Kings with other Kings, * 1.318 and one people with another people, and Kings with neighbourig States, and States with neighbouring Kings, have entred into Covenant, and promis'd aid to 〈◊〉〈◊〉 other respectively.
YEt are they much deceived, who think the power of Kings divided, when they will have some of their acts not accounted firm unless they be ap∣proved by the Senate, or some such As∣sembly. For the acts voided for want of such approbation, must be understood to be cancelled by the Kings own com∣mand, who ordained this by way of caution, lest any thing fallaciously gai∣ned from him, should pass under the notion of his true and deliberate will.
King Antiochus the third sent such a * 1.319 •…•…escript to the Magistrates, that they •…•…hould not obey him, in case he should command any thing against Law: and Constantin published the like, that Or∣phans and Widows be not constreined to come to the Emperours Court for Justice, no not if the Emperours rescript •…•…e shewed. Wherefore this case is like to that of testaments, which have a clause, that no later testament shall be of force: for this clause also makes it be presumed, that the later testament proceeds not from the true will of the maker. Nevertheless, as this clause, so that other by the Kings express com∣mand and special signification of his later will may be annulled. Again, I do not here use the authority of Polybius neither, who refers the Roman Common∣wealth to a mixt kind of Government; which, at that time, if we respect not the doings themselves but the right of doing, was meerly popular. For, both the authority of the Senate, which he refers to an Optimacy, and of the Con∣suls, whom he will have to be like Kings, was subject to the people. The same may be said concerning other wri∣ters of the Politicks, who conceive it more agreeable to their design, to behold rather the external appearance and daily administration of affairs, than to weigh the right itself of the highest power.
MOre pertinent is that which Ari∣stotle hath written: Between 〈◊〉〈◊〉 full Kingdom * 1.320, and a Laconical † 1.321 which is a meer principality, some other species are interjected. An example hereof, as I suppose, may be found in the Hebrew Kings; for, of these, that they ruled, in most things, by the high∣est right, I think it is impiety to doubt; for the people desired such a King as their neighbours * 1.322 had: but the Nations of the East were subject to their Kings in the most humble way † 1.323. And above we have noted, that the whole Hebrew peo∣ple was under the King. And Samuel describing the right of Kings, sufficient∣ly shews that the people have no pow∣er left in themselves against the Kings injuries. Which the Fathers do rightly gather from that of the Psalm: Against thee only have I sinned. Upon which
place Hierom * 1.324: Because he was a King, and feared not another. And Ambrose: Being a King, he was in danger of no Laws, because Kings are free from such bonds; neither do any Laws bind them over to punishment, being secured by their Soveraign power † 1.325: against man there∣fore he sinned not, to whose restraint he was not obnoxious. I see there is consent among the Hebrews, that stripes were inflicted on the King offending against those written Laws exstant about the Kings office; but those stripes among them had no insamy, and they were of his own accord received by the King in token of repentance, and therefore he was not beaten by an Officer, but by one whom he was pleased to make choice of, and at his own pleasure he was eased. As to coactive punishments, the Kings were so free from them, that e∣ven the Law of excalceation, as having in it something ignominious, was not of force upon them. The Hebrew Barnach∣mon hath a sentence exstant amongst the sayings of the Rabbins, in the title of Judges: * 1.326 No creature judgeth the King, but the blessed God. These things being so, neverthelels I think some causes were exempted from the Kings judgement, and remained in the power of the Synedry of LXX. instituted by Moses at Gods command, and by perpetual succession continued to the times of Herod. There∣fore, both Moses and David call Judges
Gods, and judgements are called the judge∣ments of God, and Judges are said to judge not in the place of man but of God. 〈◊〉〈◊〉 the matters of God are plainly distin∣guisht from the matters of the King where, by the matters of God, the mos•…•… learned of the Hebrews bid us understand judgements to be exercised according 〈◊〉〈◊〉 Gods Law. The King of the Jews, 〈◊〉〈◊〉 deny not, exercised by himself certain capital judgements (in which particulae Matmonides prefers him before the King of Israel) which also is evinced by exam∣ples not a few, both in the sacred Scrip∣ture and in the writings of the Hebrews: Yet certain kinds of causes seem no•…•… permitted to the Kings cognizance, viz. of the Tribe, of the high Priest, of the * 1.327 Prophet. And hereof there is an argu∣ment in the history of the Prophet Jere∣my, whom when the Princes required unto death, the King answered: Behold, he is in your power, for the King can do nothing against you: to wit, in this kind of matters. Yea, and the person that for any other cause was impeached before the Synedry, could not by the King be exempted from their judgement. There∣fore * 1.328 Hircanus, when by power he could not hinder their judgement concerning Ho∣rod, eluded the same by Art. In Macedonia, they that descended from Calanus, as Ca∣listhones in Arrian saith, bare rule over that people not by force but by Law. The Macedonians, saith Curtius, are accustomed * 1.329
to the Regal government, yet are in a grea∣ter shadow of liberty than other nations: For even the judgment of life and death was not in the Kings hand. Of Capital matters, saith the same Curtius, by the * 1.330 old custome of the Macedonians, the Ar∣my did enquire, in time of Peace the Com∣mons; the power of the Kings prevailed no further than their authority could move. There is in another place of the same Au∣thor another token of this mixture: The Macedonians decreed according to the cu∣stome * 1.331 of their nation, that the King should not hunt on foot, without the attendance of his elect Princes or courtiers. Taci∣tus relates of the Gothones: They are now in greater vassalage under their Kings, than other Germans: nor are they yet depriv'd of all liberty. For he had afore describ'd the principality by the authori∣ty of perswading, not by the power of Commanding: and after he expresseth a full Royalty in these words: One com∣mandeth, without all exceptions, not by a precarious right of governing. Eustathius upon the sixt of the Odysses, where the Commonwealth of the Phaeaces is des∣cribed, saith it had a mixture of Power, of the King, and of the States † 1.332. Some∣thing like it I observe in the times of the
Roman Kings; for then all matters almost went through the Royal hand. Romulus reigned over us, as he pleased, saith Taci∣tus. It is manifest, at the beginning of the City Kings had all power, saith Pomponius: yet Halicarnassensis will have something excepted by the people even at that time. But if we give more credit to the Roman Authors, in some causes there lay an ap∣peal from the Kings to the people, as Se∣noc•…•… hath noted out of Cicero's books de * 1.333 Republica, out of the Pontifical books al∣so, and Fenestella; shortly after, Servius Tullus advanced to the Throne, not so much by right, as by the favourable breath of the people, yet more abated the regal power. For, as Tacitus speaketh, * 1.334 he establisht Laws, which even the Kings themselves were to obey. The less cause have we to wonder at that which Livy saith, The power of the first Consuls dif∣ferd from the regal in little more than that 'twas annual. Such a mixture also of a Democracy and Optimacy was at Rome in the time of the Interregnnm, and in the first times of the Consuls. For in
certain affairs, and those of the greatest moment, the will of the people was a law, if the Fathers would go before them with their authority * 1.335, and (as it were) pre∣pare the bill; which authority afterward, the peoples power encreased, was onely for a shew, when the Fathers, as Livy and Dionysius note, began with their voices, but the Assembly did what they pleased. For all this, in after times there remained somewhat of a mixture, whilst, as the same Livy speaketh, the Govern∣ment was in the hand if the Patricians, that is, of the Senate, but the Tribunes, that is, the Plebeians, had a share, to wit, a right of forbidding or interceding. And so Isocrates will have the Athenian Commonwealth, in Solon's time, to have been * 1.336 an Optimacy mixt with a Demo∣cracy.
UPon these premises, let us examin some questions, which are of frequent use in the argument we have in hand. The first is, whether He may have su∣preme power, who is comprehended in an unequal league. By an unequal League I understand here, not that which is made between parties unequal in their forces, as the Theban City in the time
of Pelopidas had a league with the King of Persians, and the Romans of old with the Massilians, and afterward with King * 1.337 Massanissa; nor that which hath a tran∣sient act, as when an enemy is receiv'd to friendship, on condition he pay the cost of the war, or perform somewhat else: but, that which in the very nature of the agreement gives a certain permanent pre∣lation to one side; that is, when the one is bound to conserve the Empire and Ma∣jesty of the other; as it was in the league of the Etolians with the Romans; that is, both to endeavour that the others Empire may be in safety, and that his dignity, which is signified by the name of Maje∣sty, may be inviolat † 1.338. Unto which kinde are to be referr certain Rights of them which are now calld Rights of Protecti∣on, Advocacy, Mundiburg: also the Right of mother-cities amongst the Gre∣cians over their Colonies. For the Colo∣nies wereas free, saith Thucydides, as the mother-Cities, but they ought to exhibit * 1.339 reverence to their Metropolu, and certain signes of honour. Livy saith of the old * 1.340 league between the Romans, who had re∣ceived all the right of Alba, and the La∣tins of the Alban race: In that league the Roman state was superiour. Rightly speaks Andronicus Rhodius after Ari∣stotle: It is the property of friendship 'twixt * 1.341 unequals, that the stronger have more ho∣nour, and the weaker have more help. We
know what Proculus answerd to this que∣stion, * 1.342 to wit, that the people is free which is sub ect to the power of no other, though it be contained in the league, that that people should fairly conserve the Maje∣sty of the other people. If then a people bound in such a league remain free, if they be not subject to anothers power, it followes that they retain the highest power. And the same is to be said of a King; For there is the same reason of a free people and of a King, who is truly so. Proculus addes, such a clause is in the league, to signify, the one people is su∣periour, not that the other is not free. Superiour here is meant, not in power (for before he had said, the one people is subject to the others power) but in au∣thority and dignity; which the follow∣ing words do express by a fit similitude: As we understand our Clients to be free, though they be not equal to us, neither in authority, nor in dignity, nor in every right: So also are they to be conceived free, whose duty it is to have a fair respect to the conservation of our Majesty. Clients are under the trust of their patrons, so are a people inferiour * 1.343 in the league under the trust of that people which in dignity is superiour. They are under patronage not under rule, as Sylla speaks in Appian † 1.344. Livy * 1.345 saith, in parte, non in ditione: and † 1.346 Cicero, describing those more honest times of the Romans, tells us, they had
patrocinium sociorum, non imperium. With whom agrees well that saying of Scipio * 1.347 Africanus the elder: The people of Rome had rather oblige men by favour than fear, and unite forein Nations to them by a faithfull association, than subdue them to a grievous servitude: and that which Stra∣bo relates of the Lacedemonians after the Romans came into Greece: They remained free, conferring nothing, beside a friendly aide. As private patronage taketh not a∣way personal liberty, so publique patro∣nage taketh not away Civil liberty, which without supremacy of power cannot be understood. Therefore we see these are opposed in Livy, To be under protection, and To be under command: And Augu∣stus, in Josephus, threatens the Arabian King Syllaeus, unless he would cease from doing his neighbours wrong, He would take order, that of a friend he should be made a subject: of which quality were the Kings of Armenia, who (as P•…•…tus wrote to Vologeses) were within the Ro∣man dominion; and therefore were Kings, rather in the sound of the name than re∣ally: such as were the Cyprian and other Kings of old under the Kings of Persia: * 1.348 Subjects, as Diodorus saith.
PRoculus addeth somewhat which seem∣eth opposite to that we have said: There
are accused before us some of the confederat Cities, & after sentence of condemnation we inflict upon them punishment. But, for the understanding hereof, we must know, that four kindes of Controversies may happen. First, if the subjects of a peo∣ple or King, that is under the protection of another, be said to have done against the league: Secondly, if the people or the King himself be accused: Thirdly, if the Fellowes, which are under protection of the same people or King, contend with one another: Fourthly, if the subjects complain of the injuries of their own Rulers. In the first kinde, if a fault ap∣pear, the King or people is bound, either to punish the offendor, or to give him up to the party injured: which holds, not only 'twixt unequals, but between those that are equally confederat, yea and a∣mong them that are not at all confede∣rate, as we shall shew elswhere. He is al∣so bound to endeavour that dammages may be repaired: which at Rome was the Office of the Recuperators * 1.349. But one of the Associats in the league hath no di∣rect right to apprehend or punish the subjects of his confederate. Wherefore Decius Magius, a Campanian, being put in bands by Annibal, and carried to Cy∣rene, and thence to Alexandria, shewed that he was bound by Annibal against the league, and so was freed. In the se∣cond way, the confederate hath a right
to compell his Confederate, to stand to the Articles of the league, and, if he will not, to punish him. But this also is not peculiar to the unequall league: it hath place too in that which is equall. For, that one may take revenge of him that hath offended, 'tis sufficient, that he be not subject to the offender (of which els∣where:) wherefore the same thing comes to pass between Kings, or people not con∣federate. In the third kinde, as in an equal league, controversies are wont to be brought before an Assembly * 1.350 of the Con∣federates, to wit, such as are not concer∣ned in the question; as we read the Gre∣cians, the ancient Latins, and the Ger∣mans of old have done; or else before Ar∣bitrators, or before the Prince of the As∣sociation as a common Arbitrarot: So in a league unequal, it is agreed for the most part, that the controversies be debated be∣fore him who is superiour in the league. This therefore doth not prove any power of command: for Kings also do usually try their causes before judges of their own constitution. In the last kinde, the con∣federates have no right of cognizance. Therefore when Herod voluntarily carried to Augustus certain accusations against his sons; You might, said they, punish * 1.351 us your self, both as a father, and as King. And Scipio * 1.352, when Annibal was accus'd at Rome by certain Carthaginians, said, the Conscript Fathers ought not to in∣terpose
in a business of the Carthaginian * 1.353 Commonwealth. And herein (as Ari∣stotle teacheth) a confederacy and a com∣monwealth do differ, that Confederates * 1.354 take care no common injury be done un∣to them; not that the Citizens of a Con∣federate Commonwealth do no injury one against another.
IT is objected also, that in histories he that is superior in the league is some∣times said to command; he that is inferi∣or, to obey. But, neither ought this to move us. For, either it is treated of things pertaining to the common good of the So∣ciety, or of his private utility who is su∣perior in the league. In common affairs, out of time of Assembly, even where the League is equal, the custome is for him who is chosen Chief of the league, to have command over his Confederates, as Aga∣memnon over the Graecian Kings, the La∣cedaemonians over the Graecians afterward, and after them the Athenians. In the Speech of the Corinthians in Thucydides we read: It becomes them that are Princes of the league, not to seek their own parti∣cular advantage, but content themselves with an eminency above the rest in taking care of the common Interest. Isocrates re∣lates, that the antient Athenians had the conduct of Greece, and the charge of all
their Fellowes, but so, that they left them all their liberty entire. * 1.355 This the Lati•…•… call, Imperare to command, the Greek more modestly 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 to order. The Athe∣nians, when the conduct of the war a∣gainst the Persians was committed to them, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, saith Thucidides, they or∣dered (so the Commissioners from Rome to Greece were said to be sent thither † 1.356 for ordering the state of the free Cities) wh•…•… towns should contribute money against the Barbarians, what should provide stips. Now, if he doth this, who is only chief in a league, no marvell he doth the same who is superior, in a league unequal. Wherefore Empire in this sense, that is, the * 1.357 conduct of affairs, takes not away the liberty of others † 1.358. But in those things that concern the proper utility of the Su∣perior, his Requests are usually call'd Commands, not by right, but by like∣ness of the effect, as the Desires of Kings are so called, and as Physicians are said to rule their patients. Livy * 1.359: Before this Consul (C. Posthumius) never was any one in any thing a charge or burthen to our Confederates: therefore the Magistrats were furnisht with Mules, tents, and all
other necessaries, that they might not com∣mand such things from our Fellows. Mean while tis true, it often comes to pass, that the Superior in a league, if he much excell in strength, by little & little, usurps an Empire properly so calld, especially if the league be perpetual, with a right of bring∣ing in Garrisons into towns, as the Athe∣nians did, when they sufferd an appeal to be made unto them from their Fellows; which the Lacedemonians never did. In which times Isocrates compares the Em∣pire of the Athenians over their Confede∣rates, to a Kingdom. So the Latins com∣plaind, they endured servitude * 1.360 under the shadow of a league with Rome: so the Etolians, of a vain shew and empty name of liberty; and the Achaians after∣ward, that a league in appearance was now become a precarious servitude. So in Tacitus † 1.361 Civilis the Batavian complai∣neth of the same Romans: We are not As∣sociats, as heretofore, but are esteemed as slavos: and in another place, A mise∣rable slavery is falsly named peace. Eume∣nes also in * 1.362 Livy saith, the Fellows of the Rhodians were Fellows in word, indeed subjects to their Empire, and obnoxious: And Magnetes, that in shew Demetrias was free, but indeed all things were done at pleasure * 1.363 of the Romans. So Polybius notes, the Thessalians had a seeming li∣berty, but really were under command of the Macedontans. When these things are
done, and so done, that patience passe•…•… into a right (of which elswhere) then ei∣ther they which were Fellows become Subjects, or at least there is a partition of the supreme power, such as we have declared above to be possible.
I See no cause to doubt, but they that * 1.364 pay a certain Tribute † 1.365 either for re∣deeming of injuries, or to gain safeguard (such as were the Hebrew * 1.366 Kings, and of the neighbouring nations after the time of Antonius) may have the highest pow∣er; although this confession of their weakness diminish somewhat of their dig∣nity.
TO many it seems a more difficult que∣stion concerning feudal obligation, but it may easily be solved out of that which hath been said. For in this contract,
(which is proper to the German Nati∣ons, nor is any where found but where the Germans have seated themselves) two things are to be considered, Personal obli∣gation, and Right over the thing. Per∣sonal obligation is the same, whether one by feudal right possess the right it self of Governing, or any other thing also placed else where. Now, such an Obligation, as it would not take away from a private man the right of personal liberty, so nei∣ther doth it take away from a King or people the right of the highest power, which is civil liberty. Which is most ap∣parently to be seen in the free feuds which they call Franca, which consist not in a∣ny right over the thing, but in personal obligation onely. For these are nothing but a kind of unequal league, (wher∣of we have spoken) wherein the one par∣ty promiseth aid and service, the other safeguard & protection. Suppose also that aid was promised against All, which Feud they now call Ligium (for that word was of larger signification) this detra∣cteth nothing from the right of the highest power over subjects: not to mention now that there is alwayes a tacit condi∣tion, while the war is just, of which els∣where. But, as to the right over the thing, truly it is such, that the right it self of go∣verning, if it be holden in Fee, may be lost, either the family being extinct, or also for some sort of crimes. Yet in the mean it ceaseth not to be highest: for we
must distinguish (as hath been said) be∣tween the thing it self, and the manner of having it. And by such a right I see many Kings constituted by the Romans, so, that the royal family exspiring, the Empire should return to themselves: which is noted by Strabo concerning * 1.367 Paphlagonia and some other.
MOreover, both in Empire and Do∣minion, we must distinguish the Right from the Use of right, or the first act from the second. For as an Infant King hath right, but cannot exercise his power; so also one of an alienated mind, and in captivity, and that lives in the territory of another, so that freedome of action about his distant Empire is not permitted him: for in all these cases Cura∣tors or Vicegerents are to be given. Ther∣fore * 1.368 Demetrius, when being in the power of Saleucus he was under some re∣straint, forbad any credit to be had, ei∣ther to his seal, or letters, but appointed all things to be administred, as if he had been dead.
WAr may be waged, both by pri∣vate men against private, as by a traveller against a robber; and by those that have the highest power against those that have it likewise, as by David against the King of the Ammonites; and by private men against those that have the highest power, but not over them, as by Abraham against the King of Ba∣bylon and his neighbors; and by those that have the highest power over private men, either subject to them, as by David upon the part of Isboseth; or not subject, as by the Romans against the pirats. Only the question is, whether it be law∣full for private or for publique persons to make war upon them, under whose power, whether supreme or subordinate, they are. And first, that is beyond all controversy, Armes may be taken against inferiors by those who are armed by authority of the Highest power: as Nehe∣mias was armed by the Edict of Arta∣xerxers against the neighboring Gover∣nours. So the Roman Emperors grant * 1.370 leave to the Lord of the soil to force away the Camp-measurers. But it is inquir'd, what is lawful against the Highest Power, or the Lower Powers doing what they
doe by authority of the Highest. That's without controversy amongst all good men; If they command any thing con∣trary to naturall right or to the divine precepts, what they command is not to be done. For the Apostles, when they said, we must obey God rather than men, appealed to a most certain rule, written in all mens minds, which you may finde almost in the same words in Plato: but if for any such cause, or otherwise because it is the pleasure of the Soveraign, injury be offerd us, it is to be sufferd with pa∣tience, rather than resisted by force.
ALl men indeed naturally (as we have said above) have right to keep off in∣jury from themselves. But, Civil society being ordained for the maintenance of tranquillity, thereupon ariseth presently to the Commonwealth a certain greater right over us and ours, so far as it is ne∣cessary to that end. The Commonwealth therefore may, for publicque peace and order, prohibite that promiscuous right of resisting: and no doubt is to be made of the will thereof, when without that the end cannot be attained. For if that pro∣miscuous right of resisting continue, it wil not be now a Commonwealth, but a dis∣solute
multitude, such as were the Cy∣clops, of whom Euripides saith, Every * 1.371 one gives lawes to his wife and children, and, A confused company, where every one commands and none obeyes † 1.372: And the Aborigines, who, as Salust relates, were a savage kind of people, without laws, with∣out rule, disorderly and dissolute: and the Getulians, of whom he speaketh in an∣other place, that they were not govern'd, neither by customes, nor by the Law or command of any Ruler. The manners of all Commonwealths are so, as I have said: It is a general agreement of hu∣man society, saith Augustin, to obey Kings. * 1.373 To the Prince, saith Tacitus, have the Gods given supreme power; to the subjects is left the glory of obedience. Hic quoque,
Indigna digna habenda sunt Rex quae facit. Aequum at{que} iniquum Regiiimperium feras. Seneca. * 1.374Add that which is in Salust * 1.375. To doe what he will without punishment, that is to be King. Hence it is, that every where the Majesty, that is the dignity, whether of a people, or of One that hath the highest power, is defended by so many Lawes, by so many punishments: which dignity cannot consist, if the licence of resisting do remain. A Soldier, who hath resisted his Captain willing to chastise him, if he hath laid hold on his rod, is cashierd; if he purposely break it, or laid violent hand upon his Captain, dyes.
And in Aristotle it is, If one that beareth office beateth any man, he must not lift up his hand against him.
IN the Hebrew Law, he is condemned * 1.376 to death, who is disobedient, either to the High Priest, or to him who is extra∣ordinarily appointed by God to be Ruler of the people. That which is in Samuel * 1.377 of the Kings right, plainly appeares to him that looks rightly on it, neither to be understood of true right, that is, of a faculty to do a thing honorably and just∣ly (for a far other manner of life is pre∣scrib'd the King in that part of the Law, which declares his office) nor to signify a naked fact: (for there would be nothing peculiar in it, sith also private men are wont to do injuries to private men:) but a fact which hath some effect of right, that is, an obligation of non∣resistence * 1.378. Wherefore it is added, that the people opprest with these injuries should cry to God for help; to wit, be∣cause no human remedies remained. So then is this called right, as the Pretor is said reddere jus, to do right, even when * 1.379 he determineth unrightly.
IN the new Covenant Christ comman∣ding to give to Caesar the things that are Caesars, would have the disciples of his in∣stitution understand, that no less, if not greater obedience, with patience (if need be) is due to the Highest Powers, than the Hebrews owed to the Hebrew Kings: which his best Interpreter Paul the A∣postle explaining more at large, and des∣cribing the duties of subjects, amongst other words hath these: Whosoever resi∣steth the power, resisteth the ordinance of * 1.380 God: and they that resist shall receive to themselves damnation. He addes: For he * 1.381 is the Minister of God to thee for good. And again: Wherefore ye must needs be subject, not onely for wrath, but also for * 1.382 conscience sake. In subjection he inclu∣deth a necessity of not resisting, nor that onely that springs from fear of a greater evill, but that flowes from the very sense of our duty, and obligeth us, not to men only, but to God. He addes two reasons: First, because God hath approved that order of ruling and obeying, both of old in the Hebrew Law, and now in the Go∣spell; wherefore the publique powers are to be so esteemed by us, as constituted by God himself. For we make those things ours, which we grace with our authori∣ty.
Second, because this order serves to our good. But, one may say, to suffer in∣juries is nothing profitable. Here do some, more truly I think than appositely to the meaning of the Apostles, say, these injuries are profitable to us; because the patience shall not go without reward. To me the Apostle seemeth to have conside∣red the universal end proposed to that or∣der, which is the publique tranquillity, * 1.383, wherein also is comprehended the peace of every one. And truly, 'tis not to be doubted, but that for the most part we attain unto this good by the publique powers: for no man wisheth ill unto himself: now, the Rulers fecilitie con∣sisteth in the felicitie of his subjects. * 1.384 Let there be, whom thou mayst rule, said One. The Hebrews have a proverb: If there were no Government, one man would devour another alive. Which sense is in Chrysostom too: Unless Cities had Rulers, we should lead a life more wilde than the wilde beasts, not biting only but eating us one the other † 1.385. But if at any time Rulers are transported by too much fear, or anger, or other affections diverting them from the way that leaderh to tranquiility, that is to be accounted among accidents less frequent, and which, as Tacitus saith, are
recompensed by the intervenience of bet∣ter things. Now, Lawes content them∣selves with bearing a respect to what fal∣leth out for the most part, as Theophra∣stus said; whereto is pertinent that of Cato, No Law is perfectly commodious; * 1.386 this onely is enquired, if it be profitable to the greater part and in the main. But the things that happen more rarely, are not∣withstanding to be bound up in common rules, because although the reason of the Law in this speciall fact especially hath not place, yet the reason abides in its ge∣nerality, whereunto the specials are to be subject. For that is better than to live without rule, or that the rule be left to every ones pleasure. Seneca to the pur∣pose: better it was, that even the just * 1.387 excuse of a few should not be accepted, than that all men should attempt to make some excuse. Here also hath place that speech of Pericles * 1.388, never enough re∣membred: Thus I conceive, that the Commonwealth which is well in the ge∣neral is better for particular men, than where private estates are flourishing, and the publique is sick. For he that hath his domestique fortunes wel settled, his coun∣try being overthrown, must needs fall with it. But he whose private estate is decayed in a prosperous Commonwealth, is thereby much more easily repaired. Wherefore, when the publique may sustain losses of particular men, But particular men can∣not make amends for the publique calami∣ties,
why should we not all joyn together in maintaining the common Interest, 〈◊〉〈◊〉 doing as you do, while you are astonis•…•… at your private dammage, betraying the Commonwealth. The sense whereof is in brief express'd by * 1.389 Livy thus: The Com∣monwealth being safe, secures the private estates easily; in vain shall you keep your own, if you betray the publique † 1.390. Non among things concerning the publique, the principal no doubt is that order, which we have said, of ruling and obeying: and that cannot consist with a private licence of resisting. I desire to explain this by a noble passage in Dio Cassius: Truly I think it not becoming, that the Ruler of a City should give place to his subjects, nor is there hope of safety if they will com∣mand, whose duty is to obey. For consider, what order will be in a family if the elder be despised by the yonger; What method in a school, if the learners care not for the teachers; how can the sick recover their health, if they will not in all things be obedient to their Physicians; how can Seamen escape danger, if the Saylors will not hearken to the commands of their Masters. For by nature it is necessary and safe for men, that some should govern, and some be subject.
TO Paul let us add Peter as a fit com∣panion: his words are these; Honour * 1.391 the King: Servants be subject to your Masters with all fear, not only to the good and gentle, but also to the froward. For this is thankworthy, if a man for conscience toward God endure grief suffering wrong∣fully. For what glory is it, if when ye be buffeted for your faults, ye shall take it pa∣tiently? but if when ye do well, and suf∣fer for it, ye take it patiently: this is ac∣ceptable * 1.392 with God. And when he con∣firmes this by the example of Christ. The same sense also is expressed in Clement's Constitutions in these words: Let a ser∣vant fearing God bear a good affection to his Master, though ungodly, though un∣just. Two things are to be noted here. First, that the subjection due to masters, even to the froward, is also to be referd to Kings: for that which followes, built on the same foundation, respects no less the office of subjects than of servants. Second, the subjection requir'd of us is such as carries with it patience of inju∣ries. So is it usually said of parents:
* 1.393 A gentle parent's dear: Yet the ungentle bear.And a youth that had long frequented Zeno's school being asked, What he had learned there, answerd, To bear my Fa∣thers
anger. Justin of Lysimachus: Wit•…•… a good coutage he receiv'd disgrace fro•…•… the King, as from his father. And it 〈◊〉〈◊〉 in Livy; As the hardness of parents, so i•…•… that of our Countrey to be mollified by pa∣tience and sufferance. It is said in taci∣tus, The natures of Kings must be end•…•…∣red: and again, We must pray that we may have good Emperors, and tolerate th•…•… bad * 1.394.
FRom this Law of our Lord, the pra∣ctice † 1.395 of the antient Christians, the best interpreter of the Law, departeth not. For although very ill men often pos∣sessed the Roman Empire, nor were there wanting who under colour of relieving the commonwealth oppos'd themselves a∣gainst them, yet the Christians never ad∣joyned themselves to their enterprizes. In Clements's Constitutions we read, It is unlawfull to resist the Royal power. Ter∣tullian in his Apologetique saith: Whence are those Cassii, Nigri and Albini? Whence are they that set upon Caesar between the two laurels? whence are they that sh•…•…w their palestric art in stopping his breath? whence are they that break into the palace armed, bolder than all those * 1.396 Sigerii (so the MS. plainly, in the library of the most worthy Puteans) and bolder than the Parthenit? They were of the Romans,
unless I am deceiv'd, i. e. of such as were not Christians. That which he saith of the palestrick art pertains to the death of Commodus, wrought by the hand of a palestrite at the command of the Prefect Aelius Laetus: than which Emperour yet, scarce any was more wicked. Par∣thenius, whose fact likewise is detested by Tertullian, was he that had slain the Emperour Domitian. To the•…•…e he com∣pares Plautianus the Praetorian Prefect, who designed to kill Septimius Severus, a very sanguinary Emperour, in his palace: Against the same Severus, took armes, as on behalf of the Commonwealth, in Sy∣ria Pescennius Niger, in Gallia and Bri∣tain Clodius Albinus: But their enter∣prize also displeased the Christians, which Tertullian likewise boasteth of to Scapu∣la: We are defamed concerning the Empe∣rours Majesty: yet could the Christians never be found, either Albinians, or Ni∣grians, or Cassians. Cassians were they that followed Avidius Cassius an emi∣nent man, who having taken up arms in Syria, pretended he would restore the Commonwealth, undone by the negli∣gence of M. Antonius. Ambrose, when he thought injury was done, not to him∣self alone, but to his flock, and to Christ, by Valentinus the son of Valentinian, would not use the commotion of the people ready enough to make resistence. * 1.397 Violence, saith he, † 1.398 being offerd, I have
not learned to resist: I can grieve, I can weep, I can sigh: against armes and sol∣diers, oven Goths, my arms are my tears. For such are the muniments of Priests. In any other sort, neither ought I, nor can I resist. After: It was required of me, that I should restrain the people: I answerd, it was in me, not to raise them; in Gods hand, to quiet them. The same Am∣brose would not use the forces of Maxi∣mus against the Emperour, being both an Arrian and a persecutour of the Church. So was Julian the Apostat, * 1.399 when he plotted the Churches ruine, re∣pressed by the tears of Christians, as Na∣zianzen saith, adding. This was the on∣ly * 1.400 remedy against a persecutor. And yet almost all his Army was made up of Christians. Adde hereunto, that, as the same Nazianzen observes, that persecu∣tion of Julian, was not onely injurious to the Christians, but had brought the Commonwealth also into extreme dan∣ger. We will close up this with a saying of Augustin, where he explaines the words of Paul to the Romans: It is ne∣cessary for this life we should be subject, * 1.401 not resisting, if they (the Governors) shall please to take any thing from us.
OUr age hath brought forth men, learned indeed, but too observant of times and places, who perswaded them∣selves first (for so I believe) and then o∣thers, that the things above spoken have place among private persons, not also a∣mong inferiour Magistrates † 1.402: who (as these men thinke) have a right to resist the injuries of the Soveraign; yea they sin, unless they do resist. This is not to be admitted. For as in Logick the inter∣mediate * 1.403 species, if you respect the genus, is species; if the species below it, is genus: so these Magistrates, in regard of their in∣feriours are publique persons, but in rela∣tion to their superiours are private. For all faculty of governing, which is in Ma∣gistrates, is so subjected to the highest Power, that whatsoever they do against the will of the soveraign, is destitute of that faculty, and therefore to be accoun∣ted for a private act. For, that saying of the Philosophers hath place here also, * 1.404 There can be no order without relation un∣to somewhat which is first. Who think otherwise, to me they seem to introduce such a state of things, as the Antients feign to have been in heaven before the the Rise of Majesty, when they say the
minor Gods yeelded not to Jove. But the Order (which I have mentioned) and † 1.405 subalternation is not onely known by common sense * 1.406, but proved also by di∣vine authority. For the † 1.407 Prince of the A∣postles would have us to be subject other∣wise to the King, otherwise to the Magistrates: to the King as supere∣minent, i. e. without any exception, beside those things which are directly commanded by God, who approves pa∣tience of injury, forbids it not: to the Ma∣gistrates, as sent by the King, i. e. deri∣ving their power from him. And when Paul requires every soul to be subject to the highest powers, he included also the inferiour Magistrates. If we look back upon the Hebrew people, where so many Kings were contemners of divine and hu∣man Law, we shal never finde that the in∣feriour Magistrates, amongst whom were very many men pious and valiant, took so much upon them, as to oppose any force against the Kings, unless they had re∣ceiv'd from God, who is King of Kings, a speciall mandate. But on the contrary, what is the duty of Peers, * 1.408 Samuel shews, when in the sight of the Peers, and peo∣ple, with accustomed veneration he at∣tended Saul now ruling perversly. More∣over, the state of publique Religion al∣wayes depended on the will of the King
and Sanedrin. For, that the Magistrates and people, after the King, promised their fidelity to God, this must be understood so far as it was in the power of every one. And more, the images of false Gods, pub∣likly exstant, we never read to have been thrown down, unless by command either of the people in the free State, or of the Kings if they ruled. Howbeit, if at any time any thing was done by force against the Kings, it is related for testimony of divine providence permitting it, not for approbation of humane fact. The Au∣thors of the contrary opinion are wont to object a saying of Trajan, when he gave a sword to the Praetorion Prefect; * 1.409 Use it for me, if I govern well; if ill, against me. But we must know that Trajan, as ap∣pears by Plinio's Panegyric, was very studious to shew nothing regal, but to act a † 1.410 true Prince, subject to the judg∣ment of Senate and people, whose de∣crees the Prefect's duty was to execute even upon the Prince himself. Like to this is that we read of M. Antoninus, who would not touch the publique mo∣ney without the advice of the Senate.
THis is a greater question, whether the Law of not resisting bind us in ex∣treme and most certain danger. For even
some Laws of God, although general∣ly exprest, have a tacit exception of ex∣treme necessitie: which in the time of the Hasmoneans was defined by wise men concerning the Law of the Sabbath Whence it is a common saying, Peril 〈◊〉〈◊〉 life drives away the Sabbath: and a Je•…•… in Synesius gives this reason of neglectin•…•… the Law of the Sabbath, We were brought * 1.411 into most certain danger of our life. Whi•…•… exception is approv'd by Christ himself as also in another Law of not eating th•…•… shew-bread. And the Hebrew masters out of the old tradition, adde the same exception to the laws of forbidden meats and to some other: And rightly; Not, that God may not bind us over to cer∣tain death, if he please; but, because certain laws are of such an argument, that it is not credible they were given out of 〈◊〉〈◊〉 rigid a will. Which holds more strongly in humane laws. I deny not, but even a humane law may command some act of vertue under certain peril of death, a•…•… the law of not deserting ones * 1.412 Station but we must not rashly conclude, that was the will of the Law, maker; nor d•…•… men seem to have taken so much right o∣ver themselves and others, but so far a•…•… extreme necessity requires it. For laws are wont (and so they ought) to be made by men with sense of humane im∣becillity. Now the law of which we speak, seemes to depend upon their will, wh•…•…
first consociate themselves into civill so∣ciety, from whom thenceforth a right flowes and comes unto the Rulers. And these, if they were asked, whether their will was to impose upon all this burden, to dy rather than in any case to repell by force the force of their superiours, I know not whether they would answer, it was their will, unless perhaps with this additament; if resistance cannot be made without very great perturbation of the Commonwealth, or the destructi∣on of very many innocent persons. For, what in such a circumstance charity would commend, may be also, I doubt not, deduced into a humane Law. One may say, that rigid obligation, to dy ra∣ther than ever to repell any injury of su∣periours, proceedeth not from humane law, but from divine. But we must note, Men at first, not by divine precept, but drawn of their own accord upon expe∣rience of the infirmity of divided families to defend themselves against violence, closed together in the bond of civill so∣ciety: whence civill power hath its spring, which therefore Peter calls a hu∣mane ordinance* 1.413, though elsewhere too, it is called a Divine ordinance, because God approved this wholsome institution of man. But God, approving humane law, is supposed to approve it as humane, and in a humane manner. Barclay, the most * 1.414 stour defender of Regall Power, descen∣deth
yet so farr, as to grant the people, and an * 1.415 eminent part thereof, a right of defending themselves against immane cruelty; when yet the same Author ac∣knowledgeth * 1.416 the whole people to be sub∣ject to the King. I do easily conceive, the more value that is of which is con∣served, the more equity it is, which give us an exception against the words of of the Law: nevertheless, indistinctly to condemn either single persons, or a le•…•… part of the people, which heretofore hath used the last safeguard of necessity, so, as to have respect in the mean time to the common good, * 1.417 I scarce dare. For David, who, except a few acts, hath testimony of a life exactly conformed to the laws, * 1.418 had about him armed men, first four hundred, and then a greater number; to what purpose, but to keep off violence, if it should be offered. But withall, this is to be noted, David did not this, till after he had found, both by Jonathan's disco∣very, and by very many other most cer∣tain arguments, that Saul sought after his life; And then, neither invades he Ci∣ties, nor takes occasions of fighting, but retreats and hides himself, sometimes in the wilderness, sometimes amongst other people, and hath a religious care never to hurt his own Country. Parallel to this may seem the action of the Maccabees. For, that some defend their arms upon this title, as if Antiochus had not been
King but an Invader, I think it vain; when the Maccabees and their follow∣ers, in all the history, never call Antio∣chus by any other but the name of King: and rightly, when long before the He∣brewes had acknowledged the Macedo∣nian Power, into whose right Antiochus succeeded. As for that prohibition to set an alien over the people, that Law is to be understood of voluntary election, not of what the people was compeld to do, drawn by necessity of the times. And for that which others say, that the Macca∣bees used the right of a people, who had liberty * 1.419 to live by their own laws, it is not firm neither: for the Jews, subdued first to Nebuchodonosor by the law of war, by the same law were subject to the successors of the Chaldaeans, the Medes and Persians: all whose Empire devolved to the † 1.420 Macedonians. Hence are the Jewes call'd by Tacitus. * 1.421 The most vile part of those that serve, while the East was in the power of the Assyrians, Medes and Persians. Nor did they covenant for any thing with Alexander and his suc∣cessors, but without any condition came under their dominion, as before they had been under Darius. But if the Jews were sometimes permitted to have open exer∣cise of their Rites and Laws, this was a precarious right, arising from the favour of the Kings, not from any law or con∣dition annexed to the Government. There
is nothing therefore that can clear the Maccabees, besides extreme and most cer∣tain danger: to wit, so long as they con∣teind themselves within termes of sel•…•… defense, so, as to retire into devious pla∣ces, after David's example, to secure themselves; and not to enter into batta•…•… but when they were assaulted.
MEan while, this caution is to be ob∣served, even in such a danger the person of the King must be spared: which they that think David did, not out of any necessity of duty, but out of some higher design, are much mistaken. For David himself plainly said, No man can lay * 1.422 hands upon the King, and be innocent. Well he knew, 'twas written in the law, Thou shalt not revile the Gods (that is, the highest Judges) nor curse the Ruler of thy people. In which law the speciall men∣tion made of the eminent powers, evi∣dently shewes something speciall to be commanded. (Wherefore Optatus speak∣ing of this fact of David saith, He was hindred by a full remembrance of the di∣vine commands. † 1.423 And he puts these words into Davids mouth, I was willing to ore∣come my enemy, but that I chose rather to keep the Command of my God.) Now, for evill words that are false, it is not lawfull to cast them at a private person:
against a King therefore we must not use them, when they are true. For, as the Writer of the Problems, which bear A∣ristotles * 1.424 name, affirmeth, He that re∣proacheth the Ruler is injurious to the City * 1.425. And if the Ruler must not be of∣fended with the tongue, much less cer∣tainly with the hand: whence we also read, that David's heart smote him for violating the garment of the King; so much did he apprehend the sanctitude of his person. And not without cause: For sith the highest power cannot but ly open to the hatred † 1.426 of many, the Rulers per∣son was with a peculiar fense to be se∣cur'd. The Romans made a Constitution that the Tribunes of the common people should be inviolable. The Essenes had a saying, that Kings are to be accounted sacred * 1.427. It is in Curtius, that the na∣tions which are under Kings, reverence their Kings as Gods. And Artabanus the Persian saith: * 1.428 Amongst our many good Laws, this is the best, that the King is to be reverenced and adored, as the Image of God the Saviour of all.
TIs a greater question, whether so much as was lawfull for David, and lawfull for the Maccabees, be allowed unto Christians; whose Master so often commanding his disciples to undertake the cross, seems to require a patience more exact. Certainly, where Superiours threa∣ten Christians with death for religion sake, Christ gives them leave to fly; them I mean whom necessary office binds not to any place: beside flight he permits nothing, And Peter saith, Christ, when he suffered, left us an example to follow; Who did no sin, neither was guile found * 1.429 in his mouth: Who when he was reviled, re∣viled not again; when he sufferd, he threat∣ned not; but committed himself to him that judgeth righteously. The same Apostle bids Christians give thanks to God, and * 1.430 rejoice, if they suffer as Christians. And surely, by this patience most of all, we finde Christian religion to have prevailed and spread it self. Wherefore, in my opi∣nion, the antient Christians, who, coming fresh from the disciplin of the Apostles and Apostolical men, did more perfect∣ly both understand and obey their pre∣scriptions, are very much injur'd by them, who think the reason why they defended not themselves in most certain perill of death, was, because they wanted
not will, but strength. Imprudent, no doubt, and impudent had Tertullian been, if, before the Emperours, who could not be ignorant of the truth, he had so confidently dared to tell a ly: If we were willing (saith he) to use open hosti∣lity, should we want numbers and forces? We have fill'd your Cities, Ilands, Castles, Towns, Camps, Palace, Senate, all your places, but your Temples. And were our forces unequal to yours, we might easily make war upon you, when we are so wil∣ling to be slain, if our Religion did as well allow us to kill, as to be killed. Here also * 1.431 Cyprian followes his master, and openly proclames; Hence it is, that none of us, when he is apprehended, resisteth: nor re∣vengeth himself against your unjust vio∣lence, albeit our people is exceeding nu∣merous. Our security of the future re∣venge makes us patient. The innocent yield unto the nocent † 1.432. And Lactantius * 1.433 We put confidence in his Majesty, who can as well revenge the contempt of himself, as the labours and injuries of his servants. And therefore when we suffer such hor∣rid things, we oppose not so much as a gainsaring word, but leave vengeance to God. Nor did Augustin look upon any thing else when he saith: Let not the just man especially have any other thoughts in these matters, but that he may undertake war to whom it is lawfull, for to all it is not lawfull. And this is his: As oft as
Emperours are in errour, they make L•…•… to maintain errour against the truth, 〈◊〉〈◊〉 which laws the righteous are exami•…•… and crowned. The same elswhere: Princ•…•… are so to be borne with by the Common•…•… * 1.434 and Masters by their servants, that by the exercise of patience temporall things m•…•… be endured, and eternall things assured Which in another place he explains by the example of the antient Christians thus. The City of Christ, though as ye•…•… * 1.435 travelling on earth, and having so gr•…•… multitudes against ungodly persecuton, did not fight for temporall safety; but, to obtain eternall, refused to fight. They were bound, they were imprisoned, they were beaten, they were tormented, they were burn'd, torn in peeces, cruelly slain, and still they were multiplyed. They could not fight for salvation, unless for salvati•…•… they did contemn their safety. And Cyrill•…•… words upon that of John, concerning the sword of Peter, are of like sense, and no lesse to the purpose.
THe Thebaean Legion, as the acts do shew us, consisted if six thousand six hundred sixty six Soldiers, all Christians, Who, when Maximianus Caesar at Octo∣durum compelld his Army to sacrifise to false Gods, marched away first to Agau∣num:
and, when the Emperour had sent some thither to command them to come to sacrifise, upon their refusall, Maxi∣mianus commanded every tenth man to be slain, by his Serjeants. The com∣mand was executed easily without resi∣stence of any one. Mauritius † 1.436 the chief of that legion, from whom Agaunum was afterward call'd Vicus Mauritii, at that time spake thus to his fellow soldiers, as Eucherius Bishop of Lions hath rela∣ted: How afraid was I, lest any one by way of defense (which is easy for armed men) should attempt by violence to save those blessed men from death? For the re∣straint wherof I was preparing the example of our Christ, who by the word of his own Command put up the drawn sword of his Apostle again into the sheath: shewing, that the vertue of Christian confidence is greater than all arms; that none should oppose the mortal work with mortal hands, but faithfully accomplish his undertaken duty with a persevering religion. After this decimation, when the Emperour gave the same command to the survivors, they all answer thus: Caesar, we are indeed thy soldiers, and have taken arms for defense of the Roman Commonwealth: nor have we ever been run-awayes or traytors; nor deserved any mark of dishonour for our cow∣ardise. And willingly should we obey these your commands, unless the laws of our Christianity did forbid us the worship of
Devils, and their altars alwaye's polluted with blood. We see, it was your will, ei∣ther to pollute Christians with sacrileges, or to terrify us by slaying every tenth man. You need not make any long search after us. Know that we are all Christians. You shall have all our bodies subject to your power: but our souls look up to Christ their Lord, and you shall not lay hold on them. Then Exuperius the Ensign-bearer of the Legion, is related to have spoken to them in this manner: My right valiant fellow∣soldiers, you perceive I carry the ensign of secular war: but I provoke you not to these arms; I call not your vertue and courage forth to these wars: Another kind of fight is to be chosen by you. You cannot, by these swords, attain unto the heaven∣ly Kingdom. Afterward, he desires these words should be reported to the Empe∣rour: O Emperour, desperation, which is most valorous in dangers, hath not armed us against thee. Behold, † 1.437 we have wea∣pons in our hands, yet do we not resist: be∣cause we had rather dy, than overcome; and perish innocent, than live rebell•…•…. And again; We throw down our arms: thy officer shall finde our hands without weapons; but our heart armed with the Catholique faith. After this follows the slaughter of them not resisting: in the nar∣ration whereof, these are the words of Eucherius * 1.438, The multitude availed not to free the just from punishment: albeit the
crime is wont to go unpunisht, when the multitude is the delinquent. In the old Martyrology the same thing is related on this wise. They were promiscuously slain with swords; without contradiction: yea, their arms being laid down, they offered their throats to the persecutors, or their uncovered body; neither provoked by their own multitude, nor by the motion of arms, to endeavour to assert the cause of righte∣ousness by the sword; but, mindfull of this alone, that they confessed him, who not re∣claming was led to the slaughter, and as a lamb opened not his mouth; They also, as a flock of the Lords sheep, sufferd them∣selves to be torn in peeces, as it were by wolves running on them. † 1.439 Valens im∣piously and cruelly raged against them, who according to the holy Scripture and the tradition of the Fathers professed * 1.440 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, who, although a very great num∣ber, never defended themselves by force. Certainly, where patience is prescribed us, we see the example of Christ is oft brought in, and even now we heard it alleged by the Thebaean soldiers, as an example to be imitated by us; the exam∣ple I say of Christ, whose patience ex∣tended it self even to the Death. And he * 1.441 that so loseth his life is truly pronoun∣ced by Christ to have sav'd it.
WE have said, Resistence is not lawfull against the highest pow∣ers. Now, lest the Reader think, they offend against this rule, who indeed offend not, we must adde some advertise∣ments. First then, Princes that are un∣der the people, whether from the begin∣ning they received such power, or after∣ward it was so agreed, as at Lacedaemon, † 1.442 if they offend against the Laws, and the Commonwealth, may not only be repel∣led by force, but, if need require, pu∣nished with death: which befell Pausa∣nias King of the Lacedemonians. And, sith the most antient Kingdoms through Italy were of this kinde, it is no wonder, if, after the relation of most cruell things done by Mezentius, Virgil addes: Then all Etruria flam'd with ajustire: † 1.443 And call for the Kings bloud to quench the fire. Secondly, if a King, or any other hath abdicated his Empire, or manifestly ac∣counts it as forsaken, after that time all things are lawfull against him, as against private man. Yet is not he to be judged to desert his estate, who manageth it somewhat negligently. Thirdly, 'tis the opinion of * 1.444 Barclay, if the King alienate his Kingdome, or sub∣ject it to another, he forfeits it. I stop
For such an act, if a Kingdom be con∣veyed by election or by successory law, is null: and therefore can have no effect of right. Whence also, concerning an Usufructuary, to whom we have com∣pared such a King, it seemes to me the truer opinion of Lawyers, that, if he * 1.445 yield his right to an extraneous person, his act is nothing. And, as to that, that the usufruit reverts to the Lord of the pro∣priety, it is to be understood, in due time. But, if a King really attempt even to de∣liver up, or subject his Kingdom, I doubt not, he may be herein resisted. For, as we have distinguished afore, the Empire is different from the manner of holding it: which manner, the people may hin∣der from being changed; for that is not comprehended under the Empire. Hither you may fitly apply that of Seneca in a * 1.446 case not unlike: Though a son must obey his father in all things, yet not in that, whereby he is made to be no father. Fourthly, the same Barclay saith, a King∣dome is lost, if the King be caried with a truly hostile minde to the destruction of the whole people † 1.447, which I grant. For, the will of ruling, and the will of destroying cannot consist together. Wher∣fore, he that professeth himself an enemy of all the people, thereby abdicates the Kingdom; but this seemeth scarce possible to happen in a King, that is himself, that rules over one people. It may happen,
if he rule over more than one, that in fa∣vour of one people, he may will the ruine of another, to make Colonies there. Fiftly, if a Kingdome be committed; whether by felony against him whose Fee it is, or by a clause put in the very grant of the Em∣pire, that, if the King † 1.448 do so or so, the subjects be loosed from all bond of obe∣dience; in this case also, the King falls back into a private person. Sixtly, if a King hath one part of the supreme power, the People or Senate the other part † 1.449, a∣gainst the King invading that part which is not his, a just force may be opposed, because so far he hath no power. Which, I think, hath place, notwithstanding it be said, the power of war is in the King. For that's to be understood of forein war: when otherwise, whosoever hath part of the supreme authority, cannot but have a right to defend that part. When this comes to pass, the King may also, by the Law of war, lose his part of the Em∣pire. Seventhly, if in the conveyance of the Empire it be conditioned, that in a certain case * 1.450 resistance may be made a∣gainst the King, although it cannot be supposed, part of the Empire is thereby reteined, yet is there reteined some natu∣rall liberty, and exempted from the Re∣gall power. And, he that alienateth his right, may abate of that right by cove∣nant.
WE have considered him which hath, * 1.451 or had the right of governing. It re∣maines that we speak of the Invader of Empire, not after by long possession or by covenant he hath gotten a right, but so long as there continues the cause of pos∣sessing it unjustly. And truly, whilst he is in possession, the acts of empire which he exerciseth, may have power to oblige, not out of his right, which is none, but from this, that it is most probable, He that hath the right of governing, whether people, King or Senate, had rather the Invaders commands should prevail and be of force, than utter confusion be brought in, the Laws and judgments taken away. Cicero condemnes Sylla's Laws of cruel∣ty to the sons of the proscribed, that they could not seek for honours: Nevertheless, he thought they were to be observ'd, af∣firming (as Quintilian tells us) the state of the City so to be contained in these * 1.452 Laws, that it could not stand if they were dissolv'd. Florus of the same Sylla's acts: Lepidus went about to rescind the acts of so great a man, deservedly, if yet he could without great damage to the Common∣wealth. And a little after: It was expe∣dient for the sick and wounded Common∣wealth to take some rest at any hand, lest
the sores should be opened and bleed t•…•… much in the cure. Howbeit, in things 〈◊〉〈◊〉 so necessary, and which pertain to the establishing of the Invader in his unju•…•… possession, if without great danger obe∣dience may be denied, it must not be gi∣ven.
TO this question we frame this answer. First, if the Invador, by unjust war, and such as hath not the requisits accor∣ding to the Law of Nations, hath seised on the government; nor hath there fol∣lowed any agreement, or faith given him, but his possession is kept onely by force; in this case. the right of war seemeth to remain, and therefore it is lawfull to act against him as against an enemy, that may lawfully be slain by any, even by a private man. Against Traitors, said Ter∣tullian, * 1.453 and publick enemies, every man's a souldier. So also, against desertors of the war that run from their colours, all persons, for the common quiet, have a right indulged to them to execute publick revenge. And I am of Plutarch's * 1.454 opi∣nion, that the same is lawfull, if, before the invasion, a publick Law were extant, giving power to every one to kill him, that shall adventure to do this or that,
which falls under sight; as, that being a private man shall get a guard about him, or shall invade the Fort; that shall slay a Citizen uncondemned, or not by law∣full judgment; that shall create magistrats without just suffrages. Many such Laws were extant in the Cities of Greece, in which therefore the killing of such Ty∣rants was to be esteemed Lawfull. Such was at Athens the Law of Solon revived af∣ter the return out of the Piraeeum, against the overthrowers of the popular State, and such as had born offices after the o∣verthrow of it. As also at Rome the Va∣lerian * 1.455 Law, if any one without the peoples will should take the authority of a Magistrate: and the Consular Law after the Decemvirate, that none should cre∣ate a Magistrate without appeal; whoso∣ever had done so, it should be lawfull to kill him. Moreover, it will be lawfull to kill the Invader, by the express authori∣ty of the rightfull Governour, whether King, Senate or People: As also, of the Protectors of Children that are Kings, such as Jo•…•…ada was to Joas, when he dethroned Athalia. Unless in these cases, I cannot yield it lawfull for a private person by force to evpell or kill an Inva∣der of the highest power. The reason is, because it may be, the rightfull Gover∣nour had rather the Invader should be left in possession, than occasion given to dangerous and bloody Commotions, that
do usually follow upon the violating or slaying of those men, who have a strong faction among the people, or forein con∣federates also. Surely it is uncertain, whe∣ther a King or people be willing the State should be so endangered: and, without know•…•…ege of their w•…•…l, the force cannot be just. Favonius said: Civil war is worse than unlan full and usurped Goverment. And Cicero: † 1.456 To me any peace with our Countrey-men seemeth more profitable than Civil war. Better it had been, said Titus Quintius, the Tyrant Nabis had been let alone at Lacedemon * 1.457, when he could not otherwise be thrown down, but with the grievous ruine of the Commonwealth, likely to perish in the vindication of her liberty. To the same purpose is that of Arist•…•…hanes, A Lyon is not to be bred in a City; but if he be brought up, he must be kept. Verily, seeing it is a most weighty deliberation, whether peace or liberty be to be preferd, as Taci∣tus speaks; and, in Cicero's opinion, it is a politick question of greatest difficul∣ty, Whether, when our Country is oppres∣sed by an Usurper, all endeavour is to be used against him, although the Common∣wealth be thereby extremely endangered; Single persons ought not to arrogate un∣to themselves that judgment which be∣longs to the people in common. Nor can that saying be approv'd.
So did Sylla answer, being asked why he troubled his Country with taking arms: * 1.460 That I may free it from tyrants. Better is the advice of Plato, * 1.461 in an E∣pistle of his to Perdicca; In the Common∣wealth, contend so far as thou canst ap∣prove thy doings to thy Citizens; it is not fit to offer violence, neither to thy parent, nor to thy country. The sense whereof is extant in Salust * 1.462 too: For to over-rule thy country or thy parents, although thou art able, and canst reform what is amiss, yet is it uncivill; especially, seeing all changes in affairs of state portend slaugh∣ter, flight, and other hostilities. Thomas * 1.463 saith, The destruction, though of a tyran∣nical Government, is sometimes sediti∣ous † 1.464. The fact of Ehud upon Eglon King of Moab ought not to bring us over to the contrary side: for the sacred Scripture plainly witnesseth, He was raised by God himself, and sent as an Avenger, to wit, by special command. And besides, it is not manifest, that this King of Moab had not some right of Government con∣ditionall. Against other Kings also God
executed his judgments by what hand he pleased, as by Jehu upon Joram. Lastly, * 1.465 it is to be noted, in a controverted case, a private man by no means ought to take upon himself to judge, but follow the possession. So did Christ command tribute to be paid to Caesar, because the Money * 1.466 bare his Image; that is, because he was in possession of the Empire.
AS in other things, so in voluntary a∣ctions there are wont to be three kinds of efficient causes, principal, adjuvant, and instrumental. In war, the principal is he, whose work is done; in private, a private person; in publick, the publick power, especially the highest. Whether, for those that stirr not themselves, war may be raised by another, we shall see elsewhere. Mean while, this we take for certain, naturally every one may vindi∣cate his own right. Therefore were our hands given us. But, to profit another in * 1.467 what we can, is not only lawfull but commendable. The writers of Offices tru∣ly say, Nothing is more serviceable to man, than another man. Now, there are divers bonds between men, which engage them to mutual aide. For kinsmen as∣semble to bring help, and neighbors are calld upon, and fellow-citizens * 1.468. Aristo∣tle said * 1.469, It behoveth every one, either to
take arms for himself, if he hath received injury, or for his kindred, or for his be∣nefactors, * 1.470 or to help his fellows, if they be wronged. And Solon taught, that the Commonwealths would be happy, where∣in every one would think anothers inju∣ries to be his † 1.471. But, suppose other obli∣gations be wanting, the communion of humane nature is sufficient. No man is unconcerned in that which is humane.
* 1.472 It is a saying of Democritus: Our duty is, to defend the opprest with in∣jury, and not ne∣glect them: for that is just and good. Which is thus explained by Lactan∣tius: * 1.473 God, who hath not given wisedom to other living creatures, hath secured them by natural muniments from assault and peril. But to man, because he formed him naked and frail, that he might ra∣ther furnish him with wisedom, he hath gi∣ven, beside other things, this pious affection, whereby one is inclined to defend, love, cherish another, and afford mutual aid against all dangers. When we speak of Instruments, we do not here understand * 1.474 arms, and such like things, but those per∣sons, who act so by their own will, that
their will depends upon another will. * 1.475 Such an instrument is the son to the fa∣ther, being naturally a part of him: such also is a servant, as it were a part legal∣ly. Democritus: Use servants as parts of the body, some for one thing, some for ano∣ther. Now, as a servant is in the fami∣ly, so is a subject in the Commonwealth; and therefore an instrument of the Ruler. And, no doubt, all subjects naturally may be used for war, but some are ex∣empted by special Law: as of old ser∣vants * 1.476 at Rome, now in most places Clerks † 1.477: which Law yet, as all of that kind, is to be understood with exception of extreme necessity. And so much be spoken generally concerning Adjutors and subjects: the specials shall be con∣sidered in their proper places.
Philo. 2. de leg. special. Hestes non soli existimantur qui 〈◊〉〈◊〉 Navdi aut T•…•…rrestri praelio decertant, sed pro ta∣libus habendi et qui machinas admovent portubus aut manibus, eti∣•…•…st nondum pugnam incipiunt Se•…•…v. ad illud primae Ae 〈◊〉〈◊〉 Nec bello major et armis. Bellum et Consilium habet: arma tantum in actu ipsi sunt.
For exam∣ple, Zaleucus made a law inflicting pu∣nishment up∣on him, that against his Physicians Precept, drank Wine.
Philo. Lex mentiri nescia est •…•…ecta ratio, quae lex, non ab hoc aut illo mortali morta∣lis, non in Char∣tis aut 〈◊〉〈◊〉 exanimis oxa•…•…ima, sed cocumpt nescia, quipye ab im∣mortali natura insculptain im∣mortali intel∣lectu. Tertul. Quaeres igitur Legim Dei, ha∣bens communim illam in publico mundi, in natu∣ralibus rabulis. Vid. Chiysost. 12. et 13. de star. Thom. se∣cund 57. 2. & Sco•…•…. 3. 37.
Furtum natura turpe Ulpian. Nam∣que odit iose vim Deus: nec
divites nos esse rapto, sed pro∣be partu cupit. Eurip. H•…•….
In equis, in leonibus jusli•…•…i∣am non di•…•…imus. C c Offic. 1.
Pliny notes a likeness of Ju∣stice in Ele∣phants. 〈◊〉〈◊〉 8. and he speaks of an Asp that kild her own young one, because that young one had kild the mans son that enter∣tained her. l. 10. c. 74. Sen. Muta animalia, ai•…•…, humanis aff•…•…cti-bus carent: habent autem similes illis quosdam imp•…•….
Argumentum veritatis est ali∣quid omnibus videri. Sen.
Non 〈◊〉〈◊〉 penitus est vana est senten•…•…a, multi quam po∣puli celebrant. Hesiod. Tertul. Quod apud multos unum invenitur, non est erratum sed traditum.
Justin coll cum Tryph. Exceptis illis qui ab impuris spiritibus abrenti & per malam educationem, instituta prava & le•…•…es iniquas corrupti naturales notiones perdiderunt.
* A∣rist•…•…t. Polit. 1. 5.
Iasqu. 2. controv. 54. 4.
Anaxarchi apud Plut. in Alex.
Deut. 4. 7. Ps. 147.
These pious men of the Gentiles, as Maimonides often faith, shall be par∣takers of fu∣ture happi∣ness.
Antiqu. 22. 2.
Tryphon Justino sic air. Si in illa Philo∣sophandi ratio∣ne mansisses erat tibi reliqua spes aliqua status 〈◊〉〈◊〉. Gal. 5. 3.
Justin. coll. cum Tryph. 〈◊〉〈◊〉 qui circum•…•… po∣pulo se aggrega∣vit par est in∣digenae.
P•…•…. 19. Rom. 7.
Chrysost. de Virgin. 94. Major 〈◊〉〈◊〉 vi•…•…tus ostenden da est, qu•…•…a multa nuno spiritus essusa est gratia, & ingens donum est Christi ad∣ventus. & v. Iren. l. 4. c. 26. Heb. 7. 19. 8. 7. Rom. 10 5. Gal. 3. 25.
V Iren. l. 4. c. 34. & Chrys. ad Eph. 11. 10.
Ex. l. 1. c. 2.
Dente lupus, cornu taurus petit; unde nist intu•…•… monstra∣tum? Hor.
* De usu part 1.
De part. a∣nim. 4. 10.
* Cassiodor. de anima. Et quoniam neque cornu, neque dente, neque fuga (sicut alia animalia) cor∣poris humani formase praeva∣let vindicare, robustus illi thorax, brachi∣aque concessa sunt: ut illa∣tam insurtam mann defende∣ret, & objectu corporis quasi quodam clipeo vindicare•…•….
De offic. 3.
Epist. Fam. 12. 3. L. 1. Sect. Vim vi. D de vi & vi arma•…•….
Armaque in armatos sumere jura sinunt. Ovid. Caius Juriscons. Adversus periculum natura•…•… ratio permittit se defendere.
Gen. 14. 〈◊〉〈◊〉.
Exod. 17.
Deut. 20. 10. 15.
Jud. 11.
2 Sam. 10.
Heb. 11. 33. 14.
1 Sam. 25. 28.
Gen. 9. 5, 6.
Quae fecit st quisque ferat, jus fiet & aequum.
Gen. 4. 14.
Euripides. Quam bene parenium pro∣vida aetas statuerat: ut cogeretur de vita decedere Hominumque vi∣su caede patrata nocens, Fuga{que} lueret triste non letho seelus.
Histd. 3.
Servius ad 1 Ae•…•…. Luetts, 〈◊〉〈◊〉, Et hic sermo 〈◊〉〈◊〉 pe∣cunia descen∣dit; antiquo 〈◊〉〈◊〉 enim 〈◊〉〈◊〉 om∣nes pecuniariae fuerunt.
O•…•… rather [if he had committed the like: for the words bear this sense.
Adhuc enim vi∣debatur nesas, quamvis malos, lamen homines, 〈◊〉〈◊〉 capi∣•…•… affi 〈◊〉〈◊〉. La∣ctant. l 2. Gen 4. 24.
Josephus. Edico ut à cae∣de humana pu∣rae habeaniur manus; quod si quis eadem com∣miserit, poena•…•… scrat.
Exod. 17. 9.
Gen. 38. 24.
Chap. 31. 2.
As Levit. 18. 24, &c. Psal 104. 5. Prov. 20. 8.
Num. 25. 31, 33.
Spectat huc illud Hicrony∣mi: Aliae sunt leges Caesarts, aliae Christi; a∣liud Papinianus, aliud Paulus noster praecipit.
1 John 3. 16.
ocus est, ad Zenam 〈◊〉〈◊〉 idem∣que sensus apud Originem in ex∣cerptis illis quae Philocatia di∣cuntur.
Mat. 5, &c.
Ex. 20. 13. Lev. 21. 21.
Ex 20. 14.
Deut. 24. 1.
Ex. 20. 7.
Lev. 24. 20.
Lev. 19. 18.
In hos odium lege permitti ait illustrissimus Aba' baniel ad Deut. 23. 21. Ex. 34 11. Deut. 7 1. Ex. 27. 19.
Heb. 2. 2.
Heb. 7. 16. Rom. 3. 27.
Rom. 7. 14. Ps. 19.
Egregius im∣primis Chry∣sostom. locus de Virgin. cap. 44. Olim tanta nobis in∣juncta non eral virtutis mensura, sed & vindictam sumere de inju∣riam inferente, &c. At post Christi adventum multo arctior facta 〈◊〉〈◊〉 via. E d. l. 3. c 83. Non eadem virtutis mensura à nobis & ab illis exigitur. Idem in orat. filium Patri esse aequalem, ait, in Evan∣gelio esse, P•…•…aeceptorum & intensionem & adjectionem.
1 Tim. 2. 1, 2, 3.
Sen. Ep. 73. Philosophiae fideliter dedi∣to•…•…, falso ait contemtores magist atuum ac •…•…gum exi∣stimari. E con∣trario ait, nul∣li adversus il∣los gratiores sunt: nec immerito; nullis enim plus praestant, quam, quibus s•…•…ui tranquillo otio licet. D'gna est, quae legitur, Epistola, ubi & hoc: Hujus pacis beneficium, ad omnes 〈◊〉〈◊〉, al•…•…us ad eos p•…•…venit qui illa b•…•…ne utuntur.
Nisi hic in∣terpretari ma∣lis, Christianum vitae exitum. Gr. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Rom. 13. 4.
Acts 4. 25. 13. 33. Heb. 5. 5.
Cont. Cres∣con. Gram. l. 3
Ad Bonifac. Epist. 50.
Rom. 13.
Acts 13. 2.
Est Edessa in Osroene No∣men Abea•…•…i fre∣quens illis locis. App•…•…et ex nummis, Taci∣to, Appiano. Dione, tum in pridem editis, tum in novis Excerptis, Ca∣pitolino.
Acts 26.
Bene hoc ex∣sequitur ad hunc locum E∣pist. ad Rom. Chrysostomus.
Luke 3. 14.
Mat. 3. 2. 4. 17.
Mat. 11. 12.
Mar. 1. 4. Acts 2. 38.
Mat. 3. 8. 10.
Luke 3. 2.
Mat. 11. 13.
Mar. 10. 1. Luke 1. 77. Mat 11. 9. Luke 7. 26. Luke 2. 77. Luke 3. 18.
Acts 19. 4. John 1. 29. Mat. 3 2. Mar. 1. 8. Luke 3. 16.
Chrysost. in Serm. ad pat. sidelem. Propter hos sunt judicia & leges & supplicia totque poenarum modi.
Acts 24. 3.
Mat. 5. 17.
Acts 19. 19.
Utitur hujus loci autorita∣te Concil. A∣fric. Quorum contra furorem possumu•…•… non insolita nec à scripturis aliena impetrare praesi∣dia, quando Apostolus Pau∣lus, sicut in A∣postolorum Act. fidelibus notum est, factiosorum conspirationem militari etiam submovit auxilio. Augustin. Epist. 154. ad Pub•…•… Neque si in illa arma scelerati homines incidissent, Paulus in 〈◊〉〈◊〉 sanguinis suum crimen agnosceret.
Acts 23.
2. Tim. 4. 2.
Rom. 13.
Hist. 4.
Augustin. con∣tra Faust. l. 22. c. 74. Ad hoc tributa praesta∣mus, ut propter necessaria militi stipendium prae beatur.
Acts 2. 5. 11. So also Acts 28. 18. For there was no cause of death in me. C. 2. 19. 20.
Justin Apol. 2. Ut autem puniantur, qui non convenien∣ter praeceptis il∣lis vivunt, & nomine solo sunt Christiani, & quidem à vo∣bis, & nos op∣ta•…•….
Eph. 2. 14.
Phil. 4. 8. 1 Cor. 11. 13, 14.
Id de pace quae orbi con∣tigit beneficio Romani Im∣perii interpre∣tatur Chrylost. oratione Chri∣stum esse De∣um: Neque vero praedictum tantum est, sta∣bilem fore, im∣motam, atque inconcussam banc religionem, sed cum ea ad∣venturam orbi pacem, desituras illas in singulis civitatibus plurium potentias, regnaque ipsa, & unum fore super omnes imperium, ac cjus pleraque pacem habitura, contra quam ante fiebat, &c. & vid. Euseb. 〈◊〉〈◊〉 praepar. l. 1. c. 10.
Es. 2. 4.
Lactant: Quid fiet, si omnes in con∣cordiam consen serint? Quod certe fieri pote∣rit, si pernicioso & impio furo∣re projecto inno∣centes as justi esse velint. Justin. de Christianis. Non pugnamus in hostes. Pla∣nè ut de Esse∣nis Philo in Orat. Omnem bonum effe liberum: Nullum inter 〈◊〉〈◊〉 reperias qui aut sacula, aut sagittas, aut gladium, aut galeam, out 〈◊〉〈◊〉 cam, aut scutum fabricet; Nullum qui aut arma conficiat aut 〈◊〉〈◊〉 nas. Simile est quod Chrysostomus ait ad 1 Cor. 13. 3. Si•…•… inter bomines qualis oportet dilectio, nullas fore poenas capitales.
Mat. 5. 38, 39.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 ut & Lucas in Stephani oratio∣ne: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
Id ita ex∣ponit Cypri∣anus de pati∣entia: Ut tuae oblata non re∣petas. Irenaeus l. 4. c. 27. Tol∣lenti tibi tuni∣cam, remitte ei & pallium, sed non quasi nolen∣tes fraudari contristemur; sed quasi volen∣tes donaveri∣mus, gaudea∣mus. Et si quis te, inquit, an∣gariaverit mille passus, vade cum eo alia duo, ut non quasi servus sequaris, sed quasi liber plaecedas. Etiam Libanius, qui Evangelia legerat, laudat non litigantes de chlamyde & tunica, in orat. de custodia reorum.
Philostrat. 2. 15.
L. Item. si S. 1. & D. de al. en. jud. mut. cau∣sa facta.
L. 1. c. 45.
Justi•…•…us A∣p•…•…get. 2. Quae dicit, huc pertinent, ut ad∣versus ownes s•…•…nus pttieates, 〈◊〉〈◊〉, mini∣me tracundi.
Just. Apol. eod. De com∣m•…•…icandi ve∣•…•…ò facultatib. nostris eam e∣gentibus, & ne∣quid ad gl•…•…iam aucupandam saciamus, hoe & dixit: Omni pe enti date, &c. Alioi, Com∣munico•…•… •…•…∣stra omni •…•…genli. 1 Tim 5. 8. 2 Cor. 8. 13.
Sen. de be∣nefic. 2. Dabo egenti, sed ut ipse non egoam. Chrysost. in loc. Deus pro sacultote poscit, quatenus habet quis, non quatenus non habet. Q100 ut secte intelligatur accedant sequentia: Laudat quidem quod facultates exsuperat (nempe in Thessalonicensibus:) sed hos (Achaeos sc.) non cogit idem facere.
Si membrum vupit, talio esto.
Vid. Chry∣sostomum di∣cto jam loco.
Es. 30. 6. Jer. 3. 3. Praebere o•…•… contumelios. Taci•…•…. & Te∣rentius.
Chrys 7. ad Rom. Haec e∣gregia victoria, plus illi largiri quam velit, & fines improbae in illo lubidinis liberalitate propriae patientiae transcen∣dere.
Idem de statuis 1. Contumelia non ab inferentis animo, sed ex judicio eorum qui patiuntur aut fit aut perit.
Mat. 5. 43. 44.
Cui par pro∣selytus.
Levit. 19. 17, 18.
Tertul. adv. Mareion. 4. Secundus gra∣dus bo ita•…•… est in extraneos: in proximos pri∣mus. Hiero∣nym. adv. Pe∣lag. dialo∣go 1. Praecep∣tum est mihi ut diligam inimi∣cos, & orem pro persecutori∣bus. Nunquid iustum est ut itae diligam, quast p•…•…oximos & consanguineus; ut inter aemu∣lum & necessa∣rium nulla di∣stinctio sit.
Vid. Prov. 24. 11.
Sen. de Clem. 1. Tam omnibus ignos∣cere, crudelitas est, quam nulli: Chrys. 1. ad Cor. 3. 12. &c. de paenis hum. agens: Non ex saevitia, sed, ex bonitate ta∣lia faciunt ho∣mines. Augu∣stin: sicut est aliquando mi∣sericordia pu∣nicns, ita & crudelitas parcens. Valentinianus, Theodosius & Arcadius, in lege tertia, Cod. Theod de defensorib. Civit. Removeantur patrocinia, quae favorē reis & auxiliū sacinovosis impertinendo, matura∣ri scelera faciunt. Totilas apud Procop. Got. 2. Peccare & prohibere poenas peccantium in pari pono. Joh. 4. 2. Exod. 34 6. Num. 14. 18. Rom. 2. 8.
Vide hac de re Cyrillum lib. 5. cont. Julian.
Rom. 13. 4.
Mat. 21. 44. 22. 7. Luke 19. 12, 14, 27. Chrysost. ad Rom. 14. nar∣ratis malis ierosoly mo rum Christū esse qui haec secerit, audi ipsum prae∣ci•…•…entem, tum per parabolas, tum apertè & exsertè.
Chryso•…•… 1 Cor. 4. 21. Interficiam, mutilabo? Est enim ut lenitatis, 〈◊〉〈◊〉 severitaus spiritus. Vide & Augustin. de serm. Dom. in mo•…•… lib. 1. & alios quoscitat Gratian. 23. 8.
1 Cor. 4. 21. 1 Cor. 5. 〈◊〉〈◊〉 1 Tim. 1. 20.
Rom. 12. 17, 18. &c.
Tertul. de pat. Quid mi∣bi cum ultione, cujus modum regere non pos∣sum per impa∣tientiā dol•…•…ris?
August. Epist. 154. Hinc au∣tem dictum est, non resistamu•…•… malo, ne nos vindicta dele∣ctet, quae alieno malo •…•…aimum pascit.
Exod. 23. 4. 〈◊〉〈◊〉.
2 Cor. 10. 3, 〈◊〉〈◊〉.
Chrysosto∣mus hoc loco intelligit, opes, gloriam, poten∣tiam, eloquen∣tiam, solertiā, •…•…sationes, as∣•…•…tationes, sal∣lacias.
Eph. 6. 11.
Iam. 4. 1.
Antiq. l. 18. cap. 12. & lib. seq.
Divitis hoc •…•…tium est auri. nec bello suc•…•…, Fagious asta bat•…•… •…•…phus ante dapes. T•…•…bul. Lucan 〈◊〉〈◊〉 O prodigia 〈◊◊〉〈◊◊〉, nun∣quam 〈◊〉〈◊〉 con•…•… pa•…•… tu. &c. Cic. de fi•…•… 1. Ex ca∣pioitalibus odia, dissilia, discordiae, seditiones, bella nascuntur. Mar•…•…, Tyr us. Nunc omnia bellis plena: ubique enim oberrant cupiditat•…•…, & per omnes terras excitant appetitum rerum alienarum. Dioge•…•… dictum huc pertinet: Non enim ex his qui polentam edunt, 〈◊〉〈◊〉 sures existunt, aut bellorum auctores. Hicronymus adversus Jo∣vinianum 2. Diogenes tyrannos & sub•…•…rsores urbium bellaqut 〈◊〉〈◊〉 hostilia, vel civilia, non pro simplici victu olerum pomorunique, 〈◊〉〈◊〉 pro carn um & •…•…pularum deliciis asserit oxcitari. Polybius: 〈◊〉〈◊〉 mus necessariis contentus, also ad saptendum Magistro non eget.
Idem Ter∣tul. de anima. Quis non prae∣serat saeculi •…•…u∣stitiam, quam & Apostolus non seustra gla∣dio accinctum accinctum, que pro homine saeviendo religiosa est? Et ad Procons. Scapula: Non te terremus, qui nec time•…•…us. Sed velim ut omnes salvos sacere pos∣simus, monendo 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Potes & officio jurisdictionis tue fan∣gi, & humanitatis meminisse, vel quia & vos sub gladio estis.
Distinctio∣nem quam hic de militia af∣fert, alibi ad nuptias appli∣cat, tum lib. de Monoga∣mia, tum ex∣hortatione ca∣stitatis.
Tertul. de idolatria. Ad ecclesiam non admittun∣tur, qui artes exercent, quas Dei disciplina non recipit. Aug. de fid. & op. Meretrices & histriones & quilibet alii publica turpi∣tudinis professo∣res, nisi solutus aut diruptis ta∣tibus vinculis, ad Christi sacramenta non permittuntur accedere. De histrione exem∣plum vide apud Cyprianum Ep. 65.
O militem in Deo gloriosam!
Joseph. 11. Historiae ant quae.
Lib. de Idol.
Lib. de cor. mi∣luis.
Concil. Carth. 4. E∣piscopus nec provocatus de rebus tran•…•… litiget. Ad•…•… A bros l. 2. Off. c. 21. & Grego•…•…. M. l. 2. Ind. 11. E∣pist. 58.
Vid•…•…tur scrip•…•…usis li∣ber fin ente sae•…•…ulo secun∣do.
L. 7. c. 3.
L. 8. C. 22.
C. 42. C. 37.
Vide & Xi∣philinum de hac historia.
Adde mili∣tem quendam à Cornelio Baptizatum, cujus apud A∣donē mentito.
Cujus aspe∣rita••em miti∣gavit Adrianus Imp. ut apud Spart••anum est. Asperis Romanorum legibus addi possunt quae servum nisi tortum testi∣monium dice∣re vetant.
Tit. de iis qui par. vel lib. occide∣runt.
Zonaras: Clementem se os•…•…ndebat iis qui pravam vi∣t•…•…m deseruerant, quod diceret ab∣scindendum membrum agro∣tans ac putri∣dum, ne sana contagio cor∣rumpat, non id quod aut sana∣tum jam sit, tue 〈◊〉〈◊〉. Vide & Eusebium. S. cut de nimia Constantini Christianos, ita de 〈◊〉〈◊〉 aldi regis questos Dan•…•…s a pud Saxonem Hi∣storicum in∣venias.
Serm. 7.
De Offic. l. 1. c. 27.
Augustin. Officium sacer∣dotis est inter∣venire pro reis. In ejus Epi∣stolis multa sunt hujus bo∣nitatis speci∣mina.
Vide Chry∣sostomum 16. de Statuis. Concil. Au∣relian. c. 3. le∣gem Wisigo∣thorum l. 6. tit. 5. 16. 9. tit. 2. 3.
L. Nemo, C. de Episc. audientia.
Quas vide apud Cassia∣dorum. 11. 40. &c. inter alia de immunitate Ecclesiastica in Decreto.
Simeon Ma∣gister in ejus Canonis epito∣me: Qui vi adhibita vis•…•… sunt restit isse, sed ab impietate victi sunt, & militiam resum∣sere, decem per annos abstine∣antur. Eundem hujus Canonis sensum expri∣munt Balsamo & Zonaras & Russinus l. 10. c. 6.
Quod princi∣pale crimen, summus saeculi reatus dicitur Tertulliano de Idolatria: Gravissimum & extremum de∣lictum Cypriane, Ep. 12.
Sulpitius Se∣verus: Sane tum Licinius qui adversus Constantinum de Imperio certa∣vit, milites suos litare praecepe∣rat: abeuntes militia rejicie∣bat. Ob hanc causam Valen∣tinianus, quia Imperator postea sactus est, & sub Juliano ab∣secit cingulum. Non dissimile est quod Victor is icensis narrat, mullos sub Ha∣nericho R. mi∣litiam tempora∣lem abjicisse quia cum Aria∣nismo connexa.
Leo Epist. 9. ad Rust. Illici∣torum v•…•…niam potistantem o∣portet etiā •…•…ul∣tis licitis absti∣nere. In Episto∣la Episcoporum ad Ludovicum Regem legimus 〈◊〉〈◊〉 Quilibet tanto à se licita de∣bet abscindere, quanto se memi∣nit & illioita perpetrasse. In Capit. Calvi: Tanto quisque masora quaerat bonorum operum lucra, quanto graviora sibi in∣tulit damna per culpam:
Eusebius de∣monstrationum l. 1. duplicem describit Christianerum vitam, aliam 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, aliam inferiorem, qui in hac sunt eos inter alia iis qui jusle militant agendo indicare.
Vide Canone•…•… Concilii Mogun∣tini apud Gra∣tianum, titulo, Ne clerici vel monachi.
Vide Epist. Hieronymi ad Nepotianum.
In Epistola ad Presbyteros diaconos & ple∣bem Furnis con∣sistentem. Adde l. Generaliter, c. de Episc. & Clericis.
Tertullianus idolat•…•…ia: Imo quomodo etiam in pa•…•… milita∣b 〈◊〉〈◊〉 Idem de fu∣ga persecutio∣num: Nostrae: •…•…ci quod est bellum quàm persicu•…•…? Cy∣prianus Episte∣la 10. Quando ipsa ante 〈◊〉〈◊〉 aler nostra Ecclesia pacem de mise∣ricordia Domini prior sumscrit. Epist. 22. Cum Dominus coepe∣•…•…it ipsi Ecclesiae pacem dare. E∣pist. 31. Eccle∣siae pacem su∣st. nendam, i. e. exspectandam. De lapsis, Dis∣ciplinam pax longa corrupe∣rat. Sulpitius Severus: Anto∣nino Pio impe∣rante pax Eccle∣siis fuit. Mox Interfectus dein∣de a inis 38 pax christianis suit. E•…•…n Constan∣tini aetate: Exinde tranquillis rebus paceperfruimur. Et initio historiae. Vexalio∣nesque pop. Christiani & mox pacis tempora.
Ex. l. c. c. 3.
L. non est de R. 1 Cass. l. 4. Var. Epist. 4.
Eundem vide in Edicto c. 10. & 124.
L. Exstat. D. quod metus.
Serv. ad 11. Aeneid. Injecere manum parcae. T•…•…axe∣runt debitum sibi. Et sermone usus est iuris, nam manus in∣jectio dicitur, quoties nulla iudicis autori∣tate, rem nobis debitum vindi∣camus.
Ex. 22. 2. 3. Molin. disp. 100. sect. du∣bium vero.
Solonis ver∣ba: Si quis de die quod plus quinquaginta drachmu vale∣leat, suretur, eum jus sit ad undecim viros deduci; quod si quis noc•…•… vel minimum quid suretur, etiam liceat vel occidere.
Mat. 5. 39. Rom. 12. 19. Ubi Latina versio habet, Non vos de∣fendentes.
Mat. 26. 52.
Rom. 5. 8, 10.
Lib. 10. in Luc.
De offic. 3. 3.
Lib. 1. de Lib. arb. c. 5. Epist. 154. ad Publicolum. Cap. 43. & 55.
Adde Conc'l. Aurelianensis canonem citat. à Gratiano c. ult. caus. 13. q. 2.
Cassiodorus de Amic. Sane nullus aliquo praecepto, vel aliqua ratione tenetur, salutem animae proximi perditione ani∣mae suae; aut corporis ejus li∣berationem, ci∣tra spem perpe∣tuae salutis, pro∣prii Corporis in∣teritu procurare.
Luke 22. 36.
Vers. 35.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 1 Judith 2. & 2. 1. Luke 18. 7, 8. 21. 22. 2 Thes. 1. 8. 1 Pet. 2. 14. Rom. 13. 4. 1 Thes. 4. 6.
Jo. 18. 8, 9.
Vet. 11.
Quae Orige∣nis, Theophyla∣cti, Titi & Eu thymii sententia est.
Apocal. 13. 10.
Adeo satis ido∣neus patientiae sequester Deus: si injuriam deposuer is penes eum ultor est; si dolorem, medicus; si mor∣tem, resuscitator est: quantum patientiae licet, ut Deum habent debi∣torem. Tertul.
Es. 43. 10. Rom. 5. 7.
1 Jo. 3. 16.
Can. 45. c. si vero: &c. signif.
Ob nimium calorem.
Ambros. l. 10. in Luc. O do∣mine, cur me e∣mere subes gla∣dium, qui fe∣rire me prohibes? Cur haberi praecipis, quem vetas promi? nist 〈◊〉〈◊〉 ut sit parata defenslo, non ultio necessa•…•….
Ita inter cives erant quaedam matrimonia non justa, non justi liberi. Paul. sent. l. 2. t. 19. Sic & libertas quaedam non justa. Sen. de vit. bea. c. 24.
Ult. de leg. L. 3. D. adl. Jul. maj.
Nulli pror∣sue nobis insciis atque inconsul∣tis quorumlibet armorum movendorum copia tribuatur.
Citat Gratian. c. 23. qu. 1. ex Lib. 22. c. 74. cont. Faust. Apud Heb•…•…aeos bellum omne quod speciali Dei sussu sus∣cipitur, vocatur Bellum pote∣statum.
Liv. l. 39.
Vict. deju. belli, n. 9. Molin. disp. 100 sect. idem Vict.
Ajala deju. bel. l. 1. c. 2.
Innoc. c. olim de rest. spol. n. 8.
Livius D. loco.
Vct. n. 29. Cajet. 2. 2. qu. 40. art. 1.
Liv. l. 48.
Or, Lieute∣nants.
Liv. l. 31.
App. c. 4.
Or, Com∣mon wealth.
Servius ad 1. Aen. Omni di∣tione. Rectius omni quam omnis: ut signi∣ficet omni pote∣state, pace, le gibus, bello. Lib. 4. Lib. 7. Lib. 2.
Thucydides civitatem, quae vere civitas est, vooat, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
Cacheran Decis. pedem. 139. num. 6.
Vict. de ju. belli, n. 7.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 apud Galenum lib. 6. de pla∣cit. Hip. & Plat.
Ex. 21. 6. In∣stit. de jure per∣son. sect. Servi aut. Gell. l. 2. c. 7.
Gall. de Ar∣rest. 1. 6. 22. & seq.
Aut haec cum illis sunt haben∣da, aut illa cum cumhls mit∣tenda sunt. Com. Est ini∣qua in omni re accusanda prae∣termisses boni•…•… malorum enu∣meratie. Ci∣cero.
At the same time the City Augusta peti∣tioned Charls the Emperour, that the De∣crees of their Senate might not be of force without the consent of the Masters of the Curiae; when Norimberga desi∣red the plain contrary thing.
〈◊〉〈◊〉 Falisei apud Liv. l. 5. Samuites, l. 8. Ste Epida•…•… à Coreyr•…•… de∣serti Corini•…•…is se •…•…runt, ut protegerentur. Thucyd. l. 〈◊〉〈◊〉. Popusum Cam∣panum, urbem que Capuae, a∣grns, delu•…•… a Deû•…•…, divina 〈◊〉〈◊〉 aque om∣nia, in vestram P. C. dutonem dedtmas.
Et Veneto∣rum. Bembus lib. 6
Apud Virgi∣lium legimus, Nec cumse sub leges pacis int∣qua Tradiderit regno.
Strabo. 12. Justin. 38.
Lib. 6.
Sen. de be∣nef. l. 2. c. 20. de Bruto lo∣cutus: Mthi, cum vir mag∣nu•…•… fuerit in ali∣is, in bac re vi∣detur vehemen∣ter 〈◊〉〈◊〉, nec ex institutione Stoica segestsse: qui aut Regis nomen extemu∣it, cum optimus civitatis status sub Rege iusto sit; aut ibi spe∣ravit libertatem futuram, ubi tam magnum praemium erat & imperandi & serviendi; aut exillimavit civitatem in priorem sormam posse revocari, amissis pri∣flinis moribus; futur amque ibi aequalitatem civilis juris, & staturas suo loco leges, ubi vide at tot millia hominum pugnantia, non an ser∣virent, sed utri. Vide & Bizarrum hist, Genuensi. l. 14. p. 329.
Sic multos ex liberis Graeciae Civitatibus in Salamma Cypri, quod Evagorae regnum erat, venisle narrat Isoc ates.
Or, Common-wealth.
Dion apud Philostrat. 5. 11. Met•…•… ne Ro∣mani longis dominatibus edomiti nullam jam ferre passint mutationem.
Sie Samii •…•…lta in conti∣nents oppida tenuere, ut S•…•…abo docet lib. 14. Sex op∣pida Halicar∣nasso attributa per Alexan∣drum magnum, memoral Pli∣nius Histor. nat. l. 5. c. 29. Idem lib. 33. cap. 4 Lindum insula•…•… ait esse Rhodiorum. Tantundem de Caun•…•… habes, lib. 35. Testatur idem Cicero Epist. ad 〈◊〉〈◊〉. Rhodiis iisdem, quod Romanos contra Antiochum ju∣vissent, complures urbes dono datu•…•… ait Eutropius lib. 3. nempe Ca∣rum & Lycio•…•…um, quae rursus eis ablatae à senatu. Utrumque est in exceptu Polybii.
Deut. 17. 14. 1 Sam. 8. 4. 1 Sam 9. 16. 10. 1. 15. 1. 2 Sam. 5. 2. 1 Reg. 4. 1. Ps. 144. 2. Luke 22. 25.
Regum timen∣dorum in pro∣prios greges; Reges in ipsos imperium est Jovis.
Ep st. 14. In∣terdum populus est quem timere debeamus; interdum, si ea civitatis disciplina est, ut plurima per sena∣tum tran•…•…gantur, grati•…•…si in ea timentur viri; interdum singuli quibus potestas populi & in populum data est.
3. Pol. 14.
Messenicis.
Institut. de jure nat. sect. sed & quod.
Xiph. vita M. Ant. l. 4.
Lib. 53.
In Argiva Trag. Suppli∣cibus, sic •…•…op∣regen. regen 〈◊◊◊〉〈◊◊◊〉 Aes•…•…hy∣lum: Tu res populi, tuque 〈◊〉〈◊〉 tota es, Non judictu subditus 〈◊〉〈◊〉, Regni 〈◊〉〈◊〉 sul∣tus ut ara, Vno∣que regent cun∣cta arbitrio.
Rex ipse Theseus apud Euripid.
Thesei filius Demophon a∣pud eund. Nec enim potestas barbarum in morem mihi, Sed justa refera obsequia, dum juste impero.
Polyb. l. 4. Plut. in Cle∣om. Cornel. Nep. Verba ipsius aut quisquis is est qui vitas illustres scripsit, in Agesilao: Vt duos haberent Reges nomine magis quam imperio. Alibi: Lacedaemoniorum autem Agesilaus nomine non potestate suit Rex, sicut caeteri Spartani.
—Haec juris sui Parere domi∣no civitas uni negat: Rex ipse populus annuas mandat vices Honoris huic illive.—
Livius Salinator in censura omnes tribus except â unâ ararias fecit, ac sic ostendit jus sibi esse in populum •…•…neur.
Sozom. hist. Eccl. lib. 16. Verba ejus sic refert Theo∣doretus l. 4. c. 5 Vestrum sun, milites, cum Imperator nullus esset, mihi tradere Imperii hujus hab•…•…∣nas, eas ex quo adeptus sum; de catero non vestrum sed meum dispi•…•… quid reip. expediat.
Jer. 25. 12.
Tacitus: Que∣modo sterilita∣tem aut nimios imbres, & cae∣tera naturae mala, ita luxum vel avaritiam dominantium tolerate. Vitia erunt donec homines; sed neque haec continua, & 〈◊〉〈◊〉 Interventu pensantur.
Xiphilin: Desummo prin∣cipatu Deus so∣lus potest judi∣care. Vitigis rex apud Cas∣siodorum Cau∣sa regiae pote∣statis supernis est applicanda judiciis, quan∣doquidem illa è coe•…•…o petita est, & soli coelo de∣bet innocentiam. A pud eundent Cassiodorum rex: Alteri subdi non pos∣sumus, quia judices non ha∣bemus.
Lib 5.
Homerus: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Ab Jove summus honos. D•…•…odorus Sic. l. r. de Aegyptiis. Existimant enim non sine divina quadam providentia pervemsse Reges ad summam de omnibus potestatem. Augustin. l. 5 de Cl. D. Qui Vespasiana vel patri vel silio, suavissimis Impp. ipse & Domitiano crude•…•…ssimo; & ne per singulos ire necesse sit, qui Constantino, ipse Apostatae Julia∣no: nempe, majestatem dedit, quod 〈◊〉〈◊〉. Vit •…•…is apud Cassiodorum: Omnis provectus, maxime Regius, ad divinitatis •…•…nera reserendus est. Titi Imperatoris erat dictum, Potestates fato dari.
〈◊〉〈◊〉. b. 7. c. 17.
2 Sam. 24. 17.
Lib. 1.
Lib. 15. Cap. 7.
Lib. 13.
Sic qui vitam scripsit Anni∣balis: Vt enim Rome consules, sic Carthagine quotannis annui bini Reges creaban∣tur. To these improperly stiled Kings may be added the Sons of Kings, to whom that royal name was given by their Fathers, retaining the power in themselves. Such was that Darius, whom his Father Artaxerxes caused to be judged and put to death. Plutarch. Artax.
Pralati, nyoce∣res, missisque potentibus ur∣bes, ut Gun∣therus loqui∣tur.
Pol. 3. 14.
Lib. 〈◊〉〈◊〉 Notatum id & Dionys. Hali∣carnass. l. 2. & 5.
Vide cui va∣cat Car. Moli∣naeum ad con∣suesud. Pa•…•…s. Tit. 1. sect. 2. gl. 4. num. 16.
You have an example of an Emperour made for a time, in Gre∣goras, lib. 4. initio.
So that the people, when they would save Fab. Ru∣tilian, made Petition to the Dictator.
Procopius. Vandal. 1. Aimol. 2. 20. & 4. 35.
Moris an•…•…iqui vestigium in B•…•…hetriis, vide Marianam l. 16.
•…•…oc de Heru∣lis etiam prodi∣dit Procepius Gol. 2. de Longobardis Paulus Warnasredi l. 4. & 6. de Burgundis Ammianus lib. 28. de Moldavis Laonicus Chalco•…•…∣las, de rege Agalis apud Af•…•…os Joannes Leo lib. 7. de Norwagis at Guil. Neubrigensis regem ibi factum quisquis regem occidisset. 〈◊〉〈◊〉 Q•…•…adis & Jazygibus similia habes in excerptis Dionis.
Hotem. cont. ill. qu. 1.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Dog. Laert. 1 Sam. 22. 28. 2 Sam. 10. 2. 1 Reg 9. 22.
Lib. 45.
Thucydides: Pars Thracum libera. Seneca pater suasoria. Non eadem mo∣do in libera ci∣vitate dicen∣dam esse senten∣ciam, quo apud Reges. Josephus antiq. hist. l. 13. ad Reges p•…•…losque li∣beros. Cicero Epist. 15. 4. Populorum li∣berorum, regum∣que saciorum auxilia. Plini∣us l. 6. c. 20. de Indis: Jam hi montium qui perpetuo tractu Oceani oram te∣nent, liberi & regum expertes.
Lib. 3. de legib. Annal. 1. Lib. 12.
De bello & de judiciis re∣cuperatoris.
Hinc illa: Quae urbes, qui agri, qui homi∣nes Aetolorum juris aliquondo fuerunt. Et, Estne pop. Collatinus in sua potestate? Liv. lib. 38. & lib. 5.
M. Antoni nus ad be lum Marcomonni∣cum cum 〈◊〉〈◊〉 a∣rio exhausto in∣dicere populo nihil vellet, fa∣cto in foro Tra∣jani sectione, distraxit vasa aurea, pocu•…•… Chrystallina & murrina, uxori•…•… & suam sericam & auream ve∣stem, multa or∣namenta gem∣marum.
Ideo Ferdi∣nandus Grana tensts Regni partem alteram, ut stante matri∣monio ex Castel∣lae proventibus quaesitam, sibi vindicavit. Docet Moriana lib. 28. Hist. Hispan.
L. in fidei •…•…missaria sect. plane. D. ad S. C. Trebell•…•…anum.
Balduino con∣cessere. qui cum ipso in orientem belli causa venerant, ut urbium, pro∣vinciarum, vectigalium, rerum bello captarum dimidium ipsi cede∣ret.
Lib. 8.
Ita enim eum Graece vocat Philo Biblius qui Sanchu∣niatonis historiam vertit. 1 Reg. 12.
1 Reg. 9. 6. ibid. 12.
1 Paralip. 8. 14.
Idem Hercules Dryopes, qui juxta Paruas∣sum habitabant, à se victos do∣navit Apollini. 〈◊〉〈◊〉 vius ad 4. Ae•…•…eid. Her∣culem adversus Lapithas belli socium sibi sum∣sit Doriensium Rex, parte Reg∣ni in mercedem societatis data. Cychreus Salaminis Rex prole carens regnum testa∣mento reliquit Teucro. Peleus ab Eurylione Phthiae Rege tertiam Reg∣ni partem accepit in doten•…•…; quae hobet Apollodorus. Apud Livium est libro 1. Proca Numitori regnum legat.
Diod. l. 4.
Lanassa nubens Pyrrho Epirolarum Regi in dotem ei attulit Corcyram urbem ab Aga∣thocle patre suo bello captam. Plutarchus Pyrrho.
Lib. 5.
Ammianus de Perside, non exacte tamen ad histo•…•…iae fi∣dem: Ex testa∣mento nationem omnem in suc∣cessoris unius jura translatam libro. 22.
Vale•…•…us Maximus: 〈◊〉〈◊〉 testa∣m•…•…nti aequitate grat•…•… Asiam pop. Romano le∣gavit. Florus de ea re: Addita igitur haereditate provinciam pop. Romanus, non quidem bello nec armis, sed quod est aequius, testamenti jure 〈◊〉〈◊〉. Flor. l. 2. Epit. Liv. 58.
Cic. secundum in Rullum: Haereditatem crevimus, regnum Bithyniae. Cic. de lege Agraria: Qui ignorat Regnum Aegypti testamento Regis Alexandrini, populi Romani esse factum? Ex Josepho discimus Herodem, Augusto si concedente ut Regnum cui è liberis vellet relingueret, testamentum aliqu ties mutasse. Antiq. hist. l. 15. & 16. Alfonsus Arragonius Neapoleos Regnum, ut armes partum, Ferdinando noto suo reliquit. In eodem Regno urbes quasdam Ferdinandus legavit nepoti. Maria∣na lib. 30.
Imperium non deb. re re∣linqui ut agros & servas dicit Vopiscus Ta∣cito. Salvia∣nus: Non •…•…∣terat populos quos regebat per testamentum egenis tradere.
Vide Capita∣lum 〈◊〉〈◊〉 con∣ventus ad Ca∣•…•…siacum sub Carolo Calvo. Huc refer testa∣mentum Pela∣gii quo Hilpa∣niam reliquit Alfanso & Os∣mifindae, & de Dania quaedam apud Saxonem. Neque mirum igitur, quaedam testamenta improbante populo fuisse irrita, ut Alfonsi Arrag•…•…i. Vide Marianam lib. 10. Et Alphonsi Legionensis, cum 〈◊〉〈◊〉 filias filio prae•…•…lisset. Idem Ma•…•…. l. 12.
Vide rem si∣milem apud Cassiodorum Lib. 8. Epist. 8. & seq. Ita pacta succes∣sionis mutuae inter Sancti∣um & Jaco∣bum Arr. go∣nenses à pro∣ceribus firma∣ta. Mariana lib. 12. & Hen∣rici Navarrae Regis qua Joannem instituit haeredem. Id. l. 13. & Isabellae Reginae Castellae. Id. lib. 28.
Vide de Vrge∣tii principatu Marianam lib. 12. c. 16.
Vide coth∣mannum Tomo 1. Cons. 41. num. 2.
Vide Marian. in Alphonso 5. Legionis R•…•…ge. At testamentum Regis Joannis de tutela & ad∣ministratione Regni à proce∣ribus improba∣tum. Mar. lib. 18.
Ptolomaeus Rex Aegypto Tutorem filio suo reliquit po∣pulum Romae∣num. Val.
Max. l. 6. c. 6. 1.
Justin. l. 13. Justin. l. 67. Plutarch. de am. frat. Lib. 2. Lib. 15.
Trasanus ca∣put suum, dex∣•…•… suam, st scienter setellis∣set, Deorum irae consecrabat. Plin. Paneg. Adrianus Imp. jaravit nun∣quam se sena∣torem nist ex se∣natus sententia 〈◊〉〈◊〉. A∣nasta fiu, Imp. juravit serva∣turum se decre∣ta Chalsedonensis Concilii. Me∣minere Zonaras, Cedrenus, alii. Seriores Impe∣ratores Graeci Ecclesiae jura∣bunt. Vide eun. dem Zonaram Michaele Rau∣gabe & alibi. Vide & in Got∣this Regibus exemplum apud Cassiodorum. 10, 16, 17.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Plutarchus.
Lib, 10.
Val. Max. lib. 9. c. 5.
Dan. 6. 8, 12. 15.
Plutarch. in Themistocle. Diodurtis Sicu∣lus lib. 17. & multo post tem∣pore Procopius Persici belli lib. 1. Vbi insignis ad banc rem hi∣storia exstat. Tamen idem de Lethe castello legem à Rege mutatam refert, sed non probat.
Lib. 3. Lib. 1.
Leges tyranno∣rum corpora in∣sepulta extra fines projici ju∣bent. Applanut Civilium ter∣tio. Androni∣dus Imp. Patrem suum Michaelem, quod fidem Latinans sequi coe∣pisset, mortuum sepultura privavit. Gregoras lib. 6.
Vide Josephum de Joramis duobus, altero Hierosolymorum, 〈◊〉〈◊〉 Isratlu Rege, lib. 8. cap. 3. & 5. Item de Joaso Hierosolymorum Rege.
Plutarchus: Solebant Reges in Cassarorum terra, quae Mo∣lottidos pars est, Jovi Areo sa∣crisisare ac ju∣ramenium prae∣stare Epirotis. Jurabant au∣t•…•…m Reges se im∣peraturos sicun dum leges. Epi∣rocae autem se imperium ejus∣dem conserva∣turos secundum easdem leges.
Vide exem∣plum apud Crantzium lib. 9. Suedicorum.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Agatharchides apud Photium.
Quod & Ar∣temidoro auctore Strabo annotavit. lib. 16.
Aut etiam ne subditi Regem pacta viol•…•… juvent: aut ne ei pareant. Vide Crommerum Polonicis 19. & 21. Est & exemplum apud Scasnaburgensem in rebus Henrician. 1074.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
Vide Zazi∣um singularium responsorum lib. 2. c. 31.
Ita Probi tem∣pore Senatus firmabat prin∣cipum leges, de appellationibus cognoscebat, pro∣consules creabat, legatos consuli∣bus dabat. Vide & Gail. lib. 2. observ. c. 57. num. 7. & Card. Manti∣cam de tacitis & ambiguis conventionibus lib. 27. tit. 5. num. 4.
Exempla sunt cum plura in historia popu∣lor 〈◊〉〈◊〉 septentrio∣nalium. Vide Joannem Mag∣num historia Suedica lib. 15. & 29. Crant∣•…•… Suedicorum 5. Pontanum Danicorum 8.
Boer. ad c. 1. de const. in De∣cret. Plut. Apoph. L. unica. c. quando Impe∣rator. Addel. 1. c. de petitioni∣bus bonorum sublatis.
Quod 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 vocat; eadem est 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Soph•…•… Anti∣gene, Plutarcho 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, S•…•…abo∣ni 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
Dionysius Halicarnassen∣sis de Laconi∣cis regibus: Neque enim La∣cedaemonii pleno jure Reges erant.
Putabat popu∣lu•…•… nihil esse ab∣surdi si cum vi∣ciniregnareatur, ipsi eandem im pe•…•…ii so•…•…mam ac∣ciperent. Jose∣phus.
Aeschylus Persis de Rege Persa•…•…um sic loquentem fa∣cit Atossam:—〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. No'um illud Maronis:—Re∣gem non sic Aegyptus, & ingens Lydia, nec po•…•…uli Parthorum aut Me∣dus Hydaspes Observant.—Apud Livum: Syri & Asiatici 〈◊〉〈◊〉 hominum servituti nata; à quo non discrepat illud Apollonii apud Philostratum: Assyri & Medi dominationem etiam adorant. Arist. 3. Polit. 14. Aesia•…•…ci dominatum aequo a•…•…imo serunt. Cicero de p•…•…or consularib. 〈◊〉〈◊〉 & Syris nationibus natis servituti. Sallust. de gentibus o•…•…lentis: Adeo illis •…•…genita est sanctitas Regii nomi•…•…. Apud Tacitum Civilis Batavis ad Gallos: Hist. 4. Servirent Sy∣ria Asiaque & suet•…•… Oriens. Nam & in Germania & in C•…•…llia tum Reges erant, sed ut idem Tacitus notat, precari•…•… 〈◊〉〈◊〉 regnandi, & autoritate suadendi, non jubendi potestate.
Idem Hiero∣nymus Epist. ad Rust. de paenitent•…•…a: Rex enim crat: alium non time∣bat, alium non habebat super se.
Paria habet ad •…•…dem Psalm•…•…m Ar∣nobius minor Vit'ges apud Cassiodorum: Causa Regiae po∣testatis supernis est applicanda judiciis, quan∣doquidem i'la à Coelo telita est, ita seli Coelo de∣bet innocentiam. Idem legere est apud Isidorum Pelusiot. Epist. postre•…•… edita∣•…•…um. 383.
Nulla crea∣tura judicat Re∣gem, sed Deus benedictus. Ex. 32. 8. Deut. 1. 17. Psal. 72. 1. 2 Chron. 19. 6. 8. 1 Chron. 26. 32. 2 Chron. 19. 11.
Non capit Propbetam pe∣rire extra Je∣rusalem. Luke 13. 33. Jer. 38. 5.
Joseph. An∣tiqu. 14. 17.
Lib. 14.
Lib. 6.
Lib. 8.
Laonicus Cha•…•…∣cocondylas taliae ait esse regna Pannonum & Anglorum, l. 2. Arragonum, l. 5. & Navarrae eo∣dem libro, ubi ait, nec magistra∣tus à Rege crea∣tos, nec praesidia imposita nisi vo∣lentibus, nec quicquam popu∣lo imperatum contra mores. Reges alios esse pleno cum jure, alios sub legibus, etiam Judaeus Levi Gersonides notavit ad 1 Sam. 8. 4. Mira quae de Taprobane scribit Plinius lib. 6. c. 22. Eligi regem à populo senecta clementia{que} liberos non habentem, & si postea gignat, abdicari, ne fiat haereditarium regnum. Rectores ei à po∣pulo xxx, dari, nec nisi plurium sententia quenquam capite damnari. Sic quo{que} appellationem esse ad populum, lxx. judice dari. Si liberent ii reum, non amplius xxx. (ita enim legi locus hic debet) iis nullam esse dignitatem, gravissimo probro. Regi cul∣tum liberi patris, caeteris Arabum. Regem si quid delinquat m•…•…rte mulctari, nullo interimente, sed aversantibus cunctis & commercia etiam sermonis negantibus. Servius ad illud 4. Aen. populum{que} patresque. Quidam hoc loco volunt tres partes politiae comprehenlas, populi, optimatum, regiae potestatis. Cato enim ait detribus istis partibus ordinatam fuisse Carthaginem.
Epist. 100.
3. Annal.
Plutarchus Coriolano: Populus jus non habebat aut le∣gem condendi aut aliud quid jubendi nisi Se∣natus praecessis∣set auctoritas. Similem mix∣turam in Ge∣nuatium rep. suis tempori∣bus observat Chalcocondy∣las l. 5. Liv. lib. 6.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
Justin. l. 43. Vol. Max. l. 7. cap. 1.
Imperii re∣verentiam di∣xit Tacitus, & fic explicat: Scde fixibus{que} in sua ripa, mente auimo{que} nobis∣cum agunt. Lib. 4. Florus: Illi quo{que} reliqui, qui immunes imperii erant, sentiebant ta∣men matnitudi∣nem, & victo∣rem gentium populum∣Romanum reverebantur.
Lib. 1.
Lib. 1.
Nicom. l. 9. c. 18.
L. non dubito D. de cap.
Vide Cardina∣lem Tuscbum PP. concl. 935. exemplum habet in Dilimnitis, qui 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 sui{que} juris Per∣sis militabant apud Agathiam lib. 3. Sic Irene consilium fuit inter mariti li∣beros it a parti•…•… Imperium ut post natos faoe∣ret dignitate quidem mino∣res, caeterum sui juris ple∣naeque potesta∣tis. Vide Crant∣zium Saxonico∣rum 10. de ur∣bibus quaesein Austriacorum protectionem de∣dere. Herodian. l. 5. Osroë∣norum & Ar∣moriorum, quorum hi sub∣diti erant, illi amici & socii.
Appian. Mithr.
Liv. lib. 3•…•….
Cic. Offic. 2.
Liv. lib. 26.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. lib. 16.
Gallus Aeli∣us apud Fe∣stum: Recipe∣ratio est cum in∣ter populum & Reges nationes{que} ac civitates pe∣regrinas lex con∣venit, quomodo per reciperato∣rem reddantur res, reciperen∣tur{que} res{que} pre∣vatat inter se prosequantur. Liv. lib. 23.
Talae conven∣tus vocatur 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
Joseph. l. 16. 6. 7, 8.
Vide Polyb. in legationum ex∣•…•…pto 105.
Val. Max. l. 4. c. 1.
Polit. 3. 9.
Isocrates ali∣bi: itae ut im∣perium habere belli, non domi∣nari se debcre censerent: Item: Socialiter non heriliter res co∣rum curantes.
Plinius epist. 8. 24.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
Rhodii in o∣ratione apud Senatum Ro∣manum, quae apud Livium exstat l. 37. Graeci domesti∣cis quondam viribus etiam imperium am∣ptectebantur: nunc imperium ubi est, ibi ut sit perpetuum op∣tant: libertatem vestris tueri ar∣mis (atis habent, quoniam suis non possunt. Sic post Cadme∣am à Theba∣nis receptam narrat Diodorus lib. 15. multas civitates Graecas convenisse, Omnes ut liberae essent, sed Atheniensium ductu uterentur. De ipsis Atheniensibus Philippi Macedonis tempore Dion. Prusaeensis: quo tempore ductu belli omisso libertatem solam retinebant. Sic Cae∣sar, quos sub imperio Suevorum fuisse dicit, cosdem mox socios nominat.
Lib. 42.
Hal. l. 6. Liv. l. 34. Hist. 4.
Hoc ipsum est quod Arato Plu∣tarchus dicit 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Molle servitlum, vv∣cula apud Taci∣tum hist. 4. Fe∣stus Rufus de Rhodiis: Pri∣mum liberè a∣gebant, postea in consuetudi∣nem parendi, Romanis cle∣menter provo∣cant bus, per∣venerunt. Vide Agathiam lib. 1. ubi monentur Gotthi quid à Francis cum tempore exspe∣ctandum habe∣ant.
Lib. 35. Lib. 37.
Tales & Lazi Jusi•…•…niani tem∣poribus. Vide Procopium Pers. 2.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, ut est apud Thucydid.
Persae pecuni∣am annuam ab Jussiniano ac∣cipi•…•…bant, qua de•…•…e vide Proco∣copium Persico∣rum 2. & Got∣thicoium 4. Id molli vocabalo vocabalur sti∣pendium ad tu∣tandas portas Caspias. Turca Arabas monta∣nas pecunia placant.
Joseph. l. 15. Negabat An tonius rectum elie reg•…•…m vo∣cari ad rat o∣nes reudendas de iis quae ut Rex fec. 〈◊〉〈◊〉: •…•…ta enim ne regem quidem cum fore. Par esse ut qui hone∣rem ei dede∣rint, et•…•…am po∣testare quam liberr mè uti eum sinant. Chrysostomus 2. de Eleemosyna: Judaei, ex quo retro ferri res eorum coepere, Romano attributi imperio, ne{que} in plena, ut ante, erant li e•…•…: ne{que} tamen ita ut nunc omnino servi, sed sociorum vo∣cabulo honorabantur, regibus suis tributa a pendentes & ab iis ac∣cipientes praefectos. Caeterum in pleris{que} suis utebantur legi∣bus, ita ut & popularium delinquontes ipsi punirent secundum mores patrios.
Lib. 12.
Vide Plu∣tarch. Demetrio.
L. 1. c. 4.
L. votu mc. de Metatorib. l. 12.
Euripid. Cy∣clope.
De Bebricii similia pro•…•…i∣dit Valerius: Non soedera le∣gum Vlla col•…•…n placidas aut su ra tenentia me•…•…∣tes.
Rex est suo u∣tens jure nulli obnoxius. Aes∣chylus. Nam Principes sunt: obsequendum. quippeni? Soph.
Imperia haben∣tum perferenda inscitia est. Eu∣ripid.
Impune quid∣vis facere, id est Regem esse. Pertinent huc M. Antonii verba quae ex Josepho modo adduximus. L. Milites. §. irreverens. D. de re milit. Rufus legi. mi∣litaribus. cap. 15.
Deut. 17. 12. Jos. 1. 18.
1 Sam. 8. 11. Deut. 17. 14.
Philo in Flaccum: Quando enim defectionis sus∣pecti fuimus? quando non pa∣cis amantes ab omnibus sudica∣ti sumus? insti∣tuta vero, qui∣bus utimur quo∣tidie, nonne ex∣tra reprehensio∣nem sunt? nonne ad concordiam bonum{que} statum civitatis condu∣ount?
L. jus pluribus. D. de just. & jure.
Rom. 13. 2.
Vers. 4.
Vers. 5.
Bene Chriso∣stomus: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. princeps nimirum Evergelium praedicanti. De∣dolat ille quod tu descobtuas,
Sint quibus imperes. Dictam hoc Sullae aiunt Plutarchus, Florus & alii, unde •…•…sit August nus l. 3. c. 28. de Civ. Dci.
Est hoc de statuis lexto: sed & noc Tolletribunolia, & omnem de vita tranquilli∣tatem abstuler is. Deinde, N•…•… mibi illos. efer, qui mole usi sunt bonorivus, sed ipsius insti∣tuti vide pul∣chritudinem, & sapientiam ejus admirabilis qui primus ejus aucter suit. I∣dem ad Ro∣manos: Magistratus siabstuleris, perierint omnia, non urbes stabunt, non agri, non sorum, nec quicquam aluid. Evertentur omnia, & for∣tioris esea fiet quilibet infirmier. Idem sensus apud eundem ad E∣phes. 5.
L. 〈◊〉〈◊〉 D. de Legib. 〈◊〉〈◊〉. 3. in fint. D. de pet. h•…•…ered. Liv. lib. 34.
Sin. de ben. cap. 16.
Thucydid. lib. 2. q•…•…icum bene convenit illud Ambrofii lib. 3. dc Offic. Eadem singulo∣rum est utilitat quae universo∣ium. Et illud in jure: Semper non quod priva∣tim interest uni ex sociis serva∣ri debet, sed quod Communi societati expe∣dit. L. Actio∣nes. sect. La∣beo. D. pro Socio.
Lib. 26.
Plato dixerat legum 4. Quod commune est connectit civi∣tates, quod sin∣gulorum dissi∣pat; quare & publice & pri∣vatim utilius est, ut publica magis quam pri∣vata curentur. Xenophon ve∣ro: Qui in bel∣ls contra ducem seditiose se ge∣rit, facit hoc cum suae salutis periculo. Eodem & illa Jambli∣chi pertinent: Non disjuncta & privata uti∣litas à publica, i•…•…ò in bono communi singu∣lare etiam con∣tinetur: & ut in enimalibus cae∣tera{que} natura, it a in civitati∣bus, in totius salute salus est partium.
1 Epist. 2. 18, 19, 20.
Tertullian. de poenitentia. Timor hominis Dei honor est.
Ames paren∣tem, si aequ•…•… est: si non, ser as. Terentius Hec. Nam matris ferre injurias me, Parmeno, pletas jubet. Cic. pro Clu∣entio: Non mo∣do reticere homi∣nes parentum injurias, sed etiam aequo ani∣mo ferre oportet. Habet ad hoc praeceptum pulchra Chry∣sostomus tum 2. ad Timoth. cum libro 5. adversus Judae∣os. Pertinent huc & quae E∣pictetus & post eum Simplici∣us habent de duabus ansit.
•…•…pud persas, laudante Clau∣diano, Quam∣vis crudelibus aequè Paretur dominis.
Ad quam per∣tinet Canon 18. Concilii Chal∣cedonensis, repe∣titus Canone 4. Concilii in Trul∣lo: Concilium Tole•…•…num 4. Capitulum 2. Caroli Calvi in villa Colonia. Synodus Suessi∣onensis canone 5.
Xiphilinus Domitiano: Insidias autem ei communicato inter se consilio struxere Parthe∣nius praepositus cubiculariorum, & Sigerius, & ipse è cubicula∣riis. Martial. l. 4. Sigerios{que} mero•…•…, Parthe∣nios{que} sonas. Corruptum id nomen non modo hic in Tertulliano suerat, sed ad∣huc est in Suc∣tonio, ubi Sa∣turius, & in Vi∣ctore vulgari ubi Casperius legitur.
Idem Am∣bros. ep. 33. Vultis in vin∣cularapere? vo∣luntas est mihi. Non ego me val∣labo circumfu∣sione populorum. Imitatus est magnus Gre∣gorius lib. 6. epist. 1. Si in morte Longobar∣dorumme misce∣re voluissem, ho∣die Longobar do∣rum gens nec Regem, nec Du∣ces, nec Comites haberet, at{que} in summa confu∣sione esset divi∣sa.
Lib. 5. Orat. in Auxent. In∣seruit Gratia∣nus caus. 23. quaest. 8.
Theodoret. hist. Eccles. lib. 5. cap. 4.
Orat. 1. in Ju∣lian.
Prop. 74.
P. Martyr ad Judicum 3. Paraeus ad 13. cap. ad Rom. Jun. Brutus. Danaeus lib. 6. polit. & alii.
Genus spe∣ciale, Sen. epist. 58.
Averroes 5. Metaph. tom. 6. Ordinem non dari nisi cum relatione ad ali∣quid primum.
Sic in familia paterfamilias primus, inde materfamilias, inde filii, mox ordinarii servi, postremo servi vicarii. vide Chrysost. 1 Cor. 13. 3.
Unde illud, Omne sub reguo graviore regnum est: Et Papinii illud, Vice cun∣cta reguntur, Alternis{que} re∣gunt: Et Au∣gustini dictum celebre, Ipsos humanarum re∣rum gradus ad∣verte, si aliquid jusserit Curator, faciendum: non tamen si contra Proconsul jube∣at: aut si Con∣sul aliquid ju∣beat, & aliud Imperator. Non utique contem∣nis potestatem, sed eligis majori servire: n•…•… hine debet minor irasci, si major praelatus est. Et hoc ejusdem de Pilato, Talem quippe Deus dederat illi potestatem, ut esset etiam ipse sub Caesaris potestate.
1 Ep. 2.
1 Sam. 15. 30.
Hoc pro me utere, si recte impero; si male, contra me.
Quod postea imitati Pertinax & Macrinus, quorum oratio∣nes egregias a∣pud Herodia∣num vide. Dion. lib. 6.
Vide etians ver∣ba Jonathan. 1 Macc. c. 9. 44.
Vide fose phum ubi de cu∣stodibus Saulus agit. Polyb. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
1 Pet. 2. 13. Rom. 13.
Barclaius lib. 3. adv. Monar∣chom. cap. 8.
Insigni parti.
Lib. 6. c. 23. & 24.
Vix ausim.
1 Sam. 22. 2. & 23. 13.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
Justin. lib. 36. Primus Xerxes Rex Per∣sarum Judaeos domuit, postea cum ipsis Persis in ditionem A∣lexandri magni venere, diu{que} in potestate Mace∣donici Imperii suere. A Deme∣tri•…•… cum desci∣vissent, amici∣tia Romanorum petita, primi omnium ex Ori∣entalibus liber∣tatem recepe∣runt, facile tunc Romanis de alieno largi∣entibus.
Vilissima pars servientium. Tac. Hist. 1. 5.
1 Sam. 26. 9. Exod. 22. 28. Optat. l. 2.
Josephus de Davide. sed statim paenitudi∣ne ductus, inju∣stum facinus esse dixit, De∣minum suum occidere. Et post: Horren∣dum, regem quamvis ma∣lum interficere, poenam enim id facienti immi∣nere ab eo qui regem dedit.
Problem. sect. 40.
Julianus Mi∣sopogone: Sunt enim leges severae pro prin∣cipibus, ita ut qui in principtm injuriosus fue∣rit, is ex animi libidine concul∣caverit leges.
Quintil. De∣clamat. 348. Hanc esse con∣ditionem omni∣um, qui admi∣nistrationem reipub. aggredi∣untur, ut ea quae maxime perti∣nent ad salutem commanem, cum quadam sui in∣vidia efficere cogantur. Vide ea de re Liviae verba ad Au∣gustum apud Xiphil. ex Dione.
Plutarch. Agide: Nec fas, nec licitum regis corpori manus inferre. Insigne illud apud Hometum:- Nam pro po∣puli pastore timebat, Ne quid ei accideret. Bene Chrysostomus 1 Tim. 1. Si quis ovem jugulet ab eo gregem immi•…•…ui: ut si quis pa∣storem de medio sustulerit ab eo totum gregem dissipari. Seneca lib. priore de Clem. c. 3. Somnum ejus •…•…octurnis excubiis muniunt: late∣ra objecti circumsusi{que} defendunt: incurrentibus periculis se apponunt. Non hic est sine ratione populis urbibus{que} consensus, &c.
Apud Plu∣tarch Theraistocle.
1 Pet. 2. 22, 23.
1. Pet. 4. 13. &c.
Ad Deme∣trianum.
Ejudem haec libri primi epistola 1. In∣tellexit (ad∣versarius) Chri∣sti milites vigi∣lare, jam sobrios & armatos ad praelium stare, vinci non pesse, mori posse; & hoc ipso invictos esse, quia nec mori timent, nec repugnare con∣tra impugnan∣tes, cum occide∣re innocentibus nec nocentem li∣ceat, sed promp∣te & animas & sanguinem tra∣dere.
Lib. 5. Lib. 6. qu. 10. in Jos.
Epist. 166.
De Civit. Dei. l. 22.
De hujus Martyris ho∣no•…•…ibus apud Helvetios vide Guillemanum in veteri scrip∣to de transla∣tione sancti Justini in no∣vam Cor∣beiam: Unde juxta fidem Chronicorum sub atrocissima & incompara∣bili illa decima post Neronem persecutione pas∣sum eum colli∣gimus: quae & prioribus perse∣cutionibus im∣manior, dum venerabilem multitudinem Martyrum coelis mitteret, inter quos etiam prae∣cipuum S. Mau∣ritii Collegium, & innocentiae speculum. De Thebaeis mar∣tyribus Bruns∣vicum transla∣tis vide Crant∣z•…•…um Saxoni∣corum. 7. 16.
Similia sunt illa Judaeorum Alexandrino∣rum ad Flac∣cum: Inermes sumus, ut vides. Et tamen sunt qui nos tan∣quam hostes publicos hic cri∣minantur. Etiam tas quas ad no∣stri tutelam par∣tes dedit natura retro vertimus, ubi nibil habent quod agant. Cor∣pora praebemus nuda ac patien∣tia ad impetum earum qui nos volent occidere.
Ne justi pu∣nirentur mul∣titudo non ob∣tinuit: cum multum (ma∣le editur, mul∣rotum) esse soleat quod multitudo de∣liuquit.
Vide excerpta ex Joanne An∣tiocheno, ex MS. lib. viri aeterna memoria dignis∣simi Nicolai Peiresii.
The identity of nature of the Father and Son. 1 Pet. 2. 21.
Mat. 10. 39. Lu. 9. 34.
Plutarchus Lysandro: Spartiatae regem ad capitis judi∣cium vocarunt, quod ille decli∣nans fugit Te∣geam. Idem Sulla: Quibus∣dam regibus Spartiatae reg∣num ademerunt, ut ineptis regno, quippe abjectis nihili{que} homini∣bus. De Agide injuste, sed damnato ta∣men, vide cun∣dem Plutar∣chum. Mosy∣naeciregem media punie∣bant. Mela lib. 2.
Et aruspex Etruscus in Mezentium insurgent bus:—Quos justus in hostem Fert d•…•…r.
Lib. 4. c. 16.
Instit. de usus. §. fruitur. L. Usufr. D. de jure dotium.
Lib. 2. contr. 9.
Paricausa tri∣bunus plebis qui sit, ipso jure de∣sinere esse talem, ingeniose desen∣dit Gracchus, cujus verba dig∣na lectu apud Platarchum.
Vide de regno Arragoniae Ma∣rianam l. 8.
Exemplum ha∣bes in Genuat. repub. apud Be∣zarum lib. 18. in Bohemia tem∣pore Wences•…•…i historiae lib. 10. Adde Azorium instit. moral. l. 10. c. 8. & Lambertum Scasnaburgen∣sem de Henr. 4.
Exempla vide apud Thuanum hist. 131. in nar∣ratione anni 1604. & l. 133. in anno 1605. utrum{que} de Hungaria: apud Meierum narra∣tione anni 1359. in Brahamia & Flandria. narra∣tione anni 1468. in foedere inter Regem Galliae & Carolum Bur∣gundum. Adde de Polonia quae hobet Chytraeus Saxonicorum 24. & de Hun∣garia Bonsinius Decadis 4. libro 9.
Vict. de potest. Civ. n. 23. Suarez de Le∣gib. lib. 3. c. 10. num. 9. Lessius de just. & jurel. 2. c. 29. aub. 5. n. 73.
Lib. 2. c. 1.
Apolog. 9. c. quando liceat. lib. 2. In reos Majistatis & publicos hostes omnis homo mi∣les.
Qui ita sentit ib. de sato ad Pisonem.
Plutarchus Publicola. Vt injudicatum occidere eum li∣ceret qui domi∣natum concu∣pisceret. Mox addit: Solon ei qui domina∣tum invadit de∣prehenso diem dici vult. at Publicola etiam ante judicium talem permittit interfici. 2 Chron. 2•…•….
Mihi pax om∣ni cum civibus bello civili uti∣lior videtur. C•…•…c. Liv. l. 34
Quod P•…•…tar∣chus in T. Quintii vita sic expl cat: Cum vide•…•…t ct si∣ne gram alto∣rum Laconum malo con posse tyrannum de∣sicui. Non alie∣num est ab hac re quod Plu∣tarchus refert, Laconem quendam cum legisset, Hos, dum Marte pa∣rant dominatum extinguere, sae∣vus Ante Seli∣nunti •…•…oenia Mars rap•…•…it: Respond sse. Mento viri illi pe•…•…re. Exspe∣ctare enim de∣buerant ut ipse per se domina sus conflagraret.
Detrahimus Dominos urbi servire•…•… paratae.
Plutaich Ca∣tone Maj de Antiocho Magno. Bello praetextum su∣mebat, liberare Graecbs l•…•…berta∣tis non egentes.
Appian. civ. 1.
Cujus verba Lati e sic po∣suit Cic. ep. fam. l. 1. Tantum conten∣dire in rep. quan∣tum probare tu•…•… civibus possis: vim ne{que} paren∣ti, ne{que} patriae •…•…fferri o•…•…ortere.
Bell. Jugurth.
2. 2. Qu. 42. art. 2.
Huc & Am∣brosii illud non male refe∣ras: Adjuvat hoc quo{que} ad prosectum bonae existimationis si de potentis manibus eripias inopem, de morte damnatum eruas, quantum sine confusione fieri potest; ne videamur jactantiae magis facere causa, quàm misericordiae; & graviora inferre vulnera, dum minoribus mederi desideromus. De offic. 2. c. 2. Non longe abit illud Stallii apud Plutarchum in vita Bruti: Aequum non esse ut vir prudens ac sapiens improborum & desipientium causa in pericula & turbas se conjiciat. Jud. 3. 15. Nehem. 9. 27.
2. Reg. 9.
Mat. 22. 20.
L. servus. D. de serv. export. Cic. l. 2. Offic. ex Panetio. DD. ad leg. si quis in ser∣vitutem. D. de su•…•…. l. prohib. c. de jure fisci.
Unde illud, Porro Quiri∣tes, & quiritari.
Rhet. ad Alex. e. 3.
Bart. in l. Ut vim. D. de justi••. & jure n. 7. & 8. Jason ibid. n. 29 Panor. n. 18. Sylvest. in ver. Bellum. q. 8.
Plutarchus refert: Civ ta∣tum illa felicis∣si••è colitur, in qua qui injuriam non sensere, & qui sensere se oppo∣nunt, & injuriam caeptantes puniunt.
M••nandri di∣ctum est: Injuriarum si improbis auctoribus Reponeremus ultionem singuli, Nobis putantes fieri quod fit alteri, Inter nos juncti conspiratis viribus; Non praevaleret innocentia impetus Audax malorum, qui custoditi undi{que} Jussi{que} paenas quas merentur pendero, Aut nulli penitus essent, aut pauci admodum?
Lib. 6.
L. cum Cumus. C. de agricolis, lib. 11.
Arist. l. 5. de mo∣ribus. cap. 10. L. Gracch. cap. de adul. Sen. 1. cont. 4. Thom. 2. 2. 40. art. 2. Sylvest. de bello p. 3.
Servius ad 9. Aen.
Ac Levitae o∣lim extra belli munia, ut nota∣tum Josepho. De Clericis vide Nicetam Chro∣••iatem lib. 6. Caroli Calvi ca∣pitulum in Spar∣naco 37. in Gratiano c. cle∣ricum. dist. 5. & causa 23. qu. 8. Et Canones qui∣dem sic habent: sed quanto illi servati à Grae∣cis quam à Latinis diligentiùs, vide Annam Comnenam.