QUEST. XII. Whether or not a Kingdome may lawfully be purchased by the sole title of conquest?
THe Prelate averreth confidently that a Title to a Kingdome by Conquest, without the consent of the people, is so just and evident by Scripture, that it cannot be denyed; but the man bringeth no Scripture to prove it. Mr. Marshall saith, a conquered Kingdome is but c••ntinuata injuria, a continued robbery. A right of conquest is twofold; 1. When there is no just cause. 2. When there is just rea∣son and ground of the war; in this latter case, if a Prince subdue a whole Land, which justly deserveth to dye, yet by his grace who is so mild a conquerour they may be all preserved alive. Now amongst those who have thus injured the conquerour as they deserve death, we are to difference the persons offending, and the wives, children especially not borne, and such as have not offended. The former sort may resign their personall liberty to the conquerour, that the sweet life may be saved; but he cannot be their King properly, but I con∣ceive that they are obliged to consent that he be their King, upon this condition, that the conquerour put not upon them violent and tyrannicall conditions that are harder then death: now in reason we cannot thinke that a tyrannous and unjust domineering can be Gods lawfull meane of translating Kingdomes, and for the other part; the