See you not Learning in his Lookes See it more Liuely in his Bookes Tho. Cross Sculpsit THE ILLUSTRIOUS HVGO GROTIUS OF THE LAW OF WARRE AND PEACE WITH ANNOTATIONS III. PARTS AND Memorials of the Author's Life and Death 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 M. Antonin Imp. l. 9. LONDON Printed by T. Warren for William Lee And are to be sold at his shop at the signe of the Turks-head in Fleet-street M. DC L V. TO THE ENGLISH GENTRY WITH ALL DUE HONOUR TO THEIR WISEDOM AND VALOUR THIS WORK IS HUMBLY DEDICATED BY THEIR SERVANT THE TRANSLATOR TO THE READER THat This Book may obtein General Acceptance I have somewhat to say to every sort of Readers The Divine shall here behold the Evangelical Law shining above all other in the perfect Glory of Charity and Meekness The Gentlemen of our Noble Innes of Court shal here read the most Common Law that of Nature and Nations The Civilian may here observe some footsteps of the Goodly Body of his Law To the Statesman and the Soldier 't will be enough to see the Title of War and Peace The Philosopher the Poet the Orator and Historian shall here meet with the choicest Flowers gathered out of their spatious Gardens by a most skilful hand the hand of Him that was excellent in all these kinds of good Learning the Incomparable HUGO GROTIUS This Great Name as well as the Usefulness of the Argument we hope will commend the Book to every Ingenuous Reader to whose candid Censure it is in all humility submitted by C. B. The Author's Dedication to the most Christian KING THis Book Most Eminent of Kings is bold to bear Your Royal Name in the Front in Considence not of It self not of the Author but of the Argument Because it is written for Justice Which Vertue is so properly Yours that by your own Merits and by the Suffrage of Mankind You have thence received a Title most worthy of so Great a King being known every where now no less by the Name of JUST than of LUDOVIC The Roman Commanders esteemed the Titles very specious which were deriv'd from Crete Numidia Afric Asia and other conquer'd Nations How much more Illustrious is Yours whereby you are declared both the Enemy every where and all ways the Conquerour of no people of no man but of that which is Unjust The Egyptian Kings thought it a great matter if One were called the Lover of his Father Another of his Mother a Third of his Brother How small parts are These of Your Name which comprehendeth not only those things but whatsoever can be imagined fair and honorable You are Just when by Imitation of Him you honour the Memory of your Father a King Great above all that can be said Just when you instruct your Brother every way but no way more than by your example Just when you grace your Sisters with Highest Matches Just when you revive the Laws almost buried and as much as you can oppose your self against the declining Age Just but withal Clement when you take away nothing from your subjects whom Ignorance of your goodness had transported beyond the limits of their Duty beside the licence to offend and offer no Violence to Souls of a different perswasion in matter of Religion Just and withall Merciful when by your Authority you relieve oppressed Nations afflicted Princes neither permit Fortune to be too insolent Which singular Beneficence of yours and as neer like to God as human Nature suffers compells me on my own behalf also to make this publick thankfull Acknowledgment For as the Heavenly Stars do not only communicate their Influence to the greater parts of the world but vouchsafe it to every living Creature So you being the most beneficent Star on earth not content to raise up Princes to ease people have been pleased to be a safeguard and a Comfort even to me ill used in my own Country Here is to be added to fill up the Orb of Justice after your publick Actions the Innocency and Purity of Your private life worthy to be admir'd not by Men alone but by the Angels too For how Few of the Inferiour sort yea of those that have secluded themselves from the Fellowship of the world keep themselves so untoucht by all faults as You being placed in such a Fortune which is surrounded with innumerable allurements to sin And how Admirable a Thing is This among Business in the Throng in the Court among so many Examples of Those that sin so many ways to attain unto that which solitude scarce yea often not at all affordeth others This is indeed to merit even in this life not only the name of JUST but of SAINT which was given by the consent of pious men to Charles the Great Ludovic your Ancestors after their Death that is to be not by a Gentilitious but by your own proper right Most Christian. Now as every part of Justice is Yours so is that which concerns the Matter of this Book about the Counsells of War and Peace yours peculiarly as you are a King and King of France This your Kingdom is great which stretcheth it self to both Seas through so many spaces of so happy Lands but it is a greater Kingdom than This that You do not covet other Kingdoms This is worthy of Your Piety worthy of that eminency not to Invade the Right of any Other by your Arms not to remove antient Bounds but to do the Business of Peace in the time of War neither to begin War but with this Desire to bring it to a speedy end And How Brave How Glorious is This How Joyful to Your conscience that when God shal call you up to His Kingdom which alone is better than yours you may confidently say This sword have I receiv'd from Thee for the safeguard of Justice This I render to Thee pure and unstained with the blood of any man rashly shed Thus it shall come to pass that the rules we now look for in books hereafter may be taken from Your actions as from a most perfect Exemplar It is a very great matter This Yet doth the world of Christians dare to exact something more at Your Hands Namely that the Flames of War being every where extinguished not only Empires but Churches may see their Peace returning to them by Your procurement and that Our Age may learn to submit to the Judgment of That Age which All Christians profess to have been truly sincerely Christian The minds of Good men weary of Discords are raised to this Hope by the Friendship newly made 'twixt you the King of Great Britain a most wise Prince exceedingly studious of that Holy Peace and confirmed by the most Auspicious Marriage of your Sister Difficult is the Business by reason of Partial Affections inflamed and exasperated more and more but Nothing is worthy of so excellent Kings but That which is Difficult but That which is Despaird of by all others The God of Peace the God
States and Kings have it full what in part what with right of alienation what otherwise Last of all we had to speak of the duty of Subjects towards their Superiours The second Book expounds what are the Causes whence War may rise And there we speak of Community and Propriety Leagues Oaths Embassages Punishments c. The third Book having expounded what is lawfull in the time of War and distinguished what is done without fault from what is done without punishment ends with Arguments and Peace Now this Argument seemed the more worthy of our pains because as I have said no man hath handled the whole and they that have handled the parts have so handled them that they have left much for anothers Industry The old Philosophers have nothing extant in this kind neither the Greeks among whom Aristotle made a Book entituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nor They that gave their name to new Christianism which was much to be wished And the Books of the old Romans De jure Feciali have transmitted to us nothing of themselves but the Title I have seen also special Books De Jure Belli partly by Divines viz. Franciscus Victoria Henricus Gorichemus Wilhelmus Matthaei partly by Doctors of Law viz. Jannes Lupus Franciscus Arius Joannes de Lignano Martinus Laudensis But all these have said but very little of a most copious Argument and most of them so that without order they confounded things of Natural Law and of Divine and of the Law of Nations and of the Civil and of the Canon Law and mingled them all together What was most wanting to all these the light of Histories the most learned Faber in some Chapters of his Semestria but as it stood with the purpose of his work and alleging onely testimonies Balthazar Ayala more largely and bringing a heap of examples to some definitions have attempted to supply Albericus Gentilis yet more largely by whose diligence as I know others may and profess my self to have been helped so what may be wished in him in the kind of teaching in order in distinguishing the questions and several sorts of Law I leave to the Readers judgement This onely I will say He is wont in determining Controversies to follow either a few examples not alwaies to be approv'd or also the authority of the new Lawyers in his Answers Many whereof are framed in favour of those that consult them not to the Nature of Right and Good The Causes whence War may be called just or unjust Ayala hath not touched Gentilis hath as it pleased him delineated some general heads and hath not so much as touched many places of both noble and frequent Controversies We have endeavour'd to speak of all shewing also the fountains whence it may be easy to define what we have here omitted It remains now that I declare briefly with what aids and with what care I set upon this business First my Care hath been to refer the proofs of things pertaining to the Law of Nature unto Notions so certain that no man without offering violence to himself may be able to deny them For the principles of that Law if you mark them well are open and evident of themselves even after the manner of things perceived by our outward senses which if the organs be well formed and other necessaries be present do not deceive Therefore Euripides in his Phaenissae makes Polynice whose cause he will have to be manifestly just speak thus T is plain and grounded on good right To th' rude and learned clear as light And presently he adds the judgement of the Chorus which consisteth of Women and those Barbarians in approbation of her speech I have also used to the proof of this Law the testimonies of Philosophers Historians Poets and lastly Oratours not that we must give credit to them without difference for they are wont to serve their Sect Argument Cause but that where many in divers times and places affirm the same thing for certain it ought to be referr'd to an universal Cause which in our questions can be no other than either right Illation proceeding from the principles of Nature or some Common Consent That shews the Law of Nature This the Law of Nations The Difference of which Laws is to be conceived not from the testimonies themselves for Writers do commonly use the words Law of Nature and of Nations promiscuously but from the quality of the Matter For that which cannot by sure consequence be deduced out of sure principles and yet appears every where observed must needs have its rise from free will and consent These two therefore I have still been very carefull to discern one from the other and both from the Civil Law Yea in the Law of Nations also I have distinguisht what is truly and in every respect Right and what onely brings forth a certain external effect like unto that Primitive Right viz. that it may not be resisted or also that every where for some Commodities sake or the avoyding of great incommodities it must be defended Which observation how necessary 't is to many things will appear in the contexture of the Work it self Among Philosophers Aristotle deservedly obtains the principal place whether you consider the order of his discoursing or the acuteness of his distinguishing or the weight of his Reasons Only I wish that Principality had not for some Ages gone into Tyrannie so that Truth to which Aristotle was 〈◊〉 faithfull servant is opprest by nothing more than by the name of Aristotle For my part both here and elswhere I imitate the liberty of the Antient Christians who were sworn to no Philosophers sect not that they did assent to them who said Nothing could be known than which nothing is more foolish but that they judged no sect had seen all Truth and not any but had some Wherefore to gather up Truth dispersed among them all and diffused into Sects into a Body This they thought was indeed to deliver Christian Institutions Our purpose is to magnifie Aristotle but with that liberty which He in love of Truth indulged to himself towards his own Masters Histories have a two-fold use as to our Argument For they supply us with Examples and with Sentences The Examples have so much the more authority as the times and Nations are more virtuous therefore we have preferred the old Greek and Roman above the rest Nor are the Sentences or Judgements of Historians to be contemned especially when they are agreeing for the Law of Nature as we have said is in some sort proved thence and the Law of Nations cannot be proved otherwise Sentences of the Poets and Orators have not so much solidity and we use them oft not so much for proof as ornament I do often use the Authority of the Books either written or approved by Men inspir'd of God making a difference 'twixt the old Law and the new Some do urge the Old Law for the very Law of
〈◊〉 Mortiferum hic-vetita decerptum ex arbore pomum Adami lapsus exiliumque Leges Nunc primum en Latio donati atque urbe Quiritum Debita quae Civi gloria sola meo Qui Phaebo Delphisque suis nec consule tantum Patre sed Magni nomine dignus ovat To the same Thuanus I say our Author thus addresses himself To You is this offer'd most illustrious President who after that light of Scotland have revived Tragedy Indeed Buchanan in other points most excellent seemeth to degenerate from the hight of the Buskin so that I may say You are the first by whose conduct the old Majesty of the Stage is brought back again from that Prince of Tragoedians Aeschylus Give me leave to adore your footsteps and receive here a Tragedy and that a sacred one to the writing whereof as Your example invited so my manifest inequality might have deterred me For no sober man where he desires to excell would follow Thuanus to whom who doth not so give the first place as not daring to aspire unto the second As for me I contend not with any one for Glory but pleased my seâ—… in this sacred Argument fearing not censure while I am unsollicitous of praise Anno. 1608. He published another Tragedy entitled Christus patiens arâ—… dedicated it to Petrus Janninus the King of France's Embassador to the States A part of his dedicatory Epistle is very fit to be read here Suffer I pray the noblest name and that which will be perpetually celebrated in the Annals of France to be inscribed upon this Book that Men by this sign may see though I cannot be thankful enough I have not willingly been unthankful The truest praise of the French-Nation is Humanity especially toward strangers but your Humanity hath exceeded all former limits and is not common to the Nation but proper to your self You have new-spirited a yong man commendable for nothing but his love of good learning and admiration of eminent persons and you have not only countenanced him encouraged him with gracious words which was much but of your own accord have admitted him let me not offend your honour in saying so into your bosom as an intimate friend Moreover You have laid hold on all occasions to advance me with a bountiful prone and I had almost said Paternal Affection Whensoever the Affairs of France and greater cares shall recall you from us it will be a sad time to All most to Me For it will deprive me of the chiefest part of my felicity Yet t is a comfort that it shall never be able to extinguish either the memory which you are pleased to retein of me or the honour which I have received from so illustrious a Friendship And seeing it much concern'd me to have it known I thought it meet upon that account to make this publick Address and offer you this Tragedy for a testimony of a mostd voted Heart That it might be worthy of you seeing I could not give it value from my self I have taken it from the matter most woeful in in the fact most joyful in the effect and fruit most sacred every way This alone unites the divided minds of Christians striving with one another as much in hatred as they ought in love and keeps them stil almost invincible not permitting their differences to be infinite No other Argument could be found more agreeable to your Mind who long mourn for the lamentable distractions of this Age and study to procure as much as is in you and very much is in you the Peace of the Church a thing that we can only wish for For that Truth necessary to salvavation being establisht due liberty 'twixt unjust Domination and unbridled Licence being granted in other points the Parties much inflam'd by ambition avarice private Interests and impunity of speaking doing evil brought in by wars may by degrees be reconciled and close in a league to this end I say the Authority of your King the Prince of Christian Princes and next unto that your lenity and moderation and of such as you are yieldeth us the greatest Hope Which Hope may He at length bring unto an Issue who is our Common Redeemer and hath bought us with his own blood the memory of which ineffable Benefit we have expressed in this Tragedy if not with happy success yet with a pious endeavour This last passage I was the more willing to communicate to the Christian Reader because it shews that our Author very early entred into that pious care of the Churches Peace which he carried with him all along the course of his life even to his grave as we shall observe in that which follows In his studies of Piety and Religion he had the domestick Assistance of the learned and peaceable Divine Franciscus Jâ—…mus whose Opinions yet our Grotius did 〈◊〉 so obstinately embrace as the manner of some is to follow their Masters beyond reason but that he had an ear for Arminius one of the publick professors at Leyden about the same time Because I have mentior'd a name hated by many more through prejudice than upon any true ground I shall here annex our Authors Verses upon his death not so much out of an intention to praise the man as to set forth the Temper of our Author in his own lively words Scrutator altae Veritatis Armini Sublime pectus anima foeta doctrinae Solertiaeque perspicacis exemplum Tu nunc ademptus saeeulo tenebricoso Et semicoecae palpitantium turbae Claros beatae lucis incolis campos Et sive multum debuit tibi verum Seu parte in aliqua more gentis humanae Et nescientis multa sorte naturae Te cepit error Judicent quibus sacri Juris potestas visque tanta nascendi Certe superni condicts frequens Lector In verba certe non adactus humana Labi timentis nec rebellis in sese Fers teste coelo conscientiae laudem Ibi satur quiete gaudii plenus Quaesita quondam discis vides quanta Involvat homines inscientiae nubes Quam nil sit illud quod vocamus hic scire Quo nos superbi tollimus caput coelo Calcamus alios invicemque calcamur Hinc tanta bella saeviunt magistrorum Hinc odia plebis interim fugit longè Nec se videndam dimicantibus praebet Amica sanctae sancta Veritas Pacis Unde ista rabies libido pugnandi Insedit animos Cur placet Deus belli Maceria Quo tot studia tot novae partes An hostis atranocte pestilens Christi Insparsit agro semen an furor pugnax Mortalitatis ingenique corrupti Alimenta quaevis sumit Dei cause Permisect hominem curiosus an mundus Dum nil latere patitur sequi gaudet Sciri negata jure sentit hanc poenam Ut illa quondam dum viam parat coelo Structrix superbae molis insolens turba In mille linguas abiit atque aberranti Sermone priscum
conduces both to our present matter and to many other things lest we strein the Authority of the Hebrew Law beyond its reach XIV That War is not against the Gospel-Law The first Argument OMitting Arguments of less value in our judgement our first and principal proof that the Right of VVar is not wholy taken away by the Law of Christ shall be that of Paul to Timothy I exhort therefore that first of all supplications prayers intercessions and giving of thanks be made for all men For Kings and for all that are in authority that we may lead a quiet and a 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 Christistians That being made Christians they should remain Kings Wee pray saith Justin Martyr that Kings and Princes together with their regal power may also attain unto a right understanding and in the Book entitled Clement's Constitutions the Church prays for Christian Magistrates Lastly that this is also pleasing to God that Christian 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 afraid 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 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 Augustin explains it well whose words are to this effect Herein do Kings as they are commanded serve God as Kings if in their Kingdom they command good things forbid evill things not only pertaining to humane society but also to divine Religion And elsewhere How then shall Kings serve the Lord in fear but by prohibiting with religious severity 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 XV. The second Argument A Second Argument is deliver'd us by St. Paul in the place cited already in some part out of the Epistle to the Romans where the highest power 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 repugnant to the will of God revealed by the Gospel and obâ—…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 of Cyprus had given his name to Christ before this time to say nothing of the King of 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 function in them were impious we say the Apostle denys that when he saith the function even for that time was ordained of God and therefore to be honoured 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 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 although it be in the hand of an impious Prince XVI The third Argument THe third Argument is from the words of John the Baptist who being seriously 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 forsake VVar as he must have answered if that be the will of God but abstain from violence and falshood and be content with their wages To these words of the Baptist containing an approbation of VVar plain enough many answer The Baptists prescripts are so different 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 Heaven is at hand Christ himself saith the 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. John is said to have preached the Baptism of repentance for the remission oâ—… sins just as the Apostles are said to have done in the name of Christ. Joâ—… requires fruits meet for repentance and threatens destruction to them that bring not forth such fruit He requires works of Love above the Law The Law is saiâ—… to have continued unto John as if 〈◊〉 more perfect doctrine had from him begun And the beginning of the Gospell is deduc'd from John John himself is therefore greater than the Prophets being seâ—… to give saving knowledge to the people and to Preach the Gospell Nor doth 〈◊〉 any where distinguish Jesus from himseâ—… by the difference of precepts only thâ—… things delivered by John more geneâ—…ly and confusedly and in the mannâ—… of rudiments are more plainly and fully declared by Christ the true light but
subject to the people The same may be said concerning other writers 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 LIV. True examples of the supreme power divided MOre pertinent is that which Aristotle hath written Between 〈◊〉 full Kingdom and a Laconical 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 highest right I think it is impiety to doubt for the people desired such a King as their neighbours had but the Nations of the East were subject to their Kings in the most humble way And above we have noted that the whole Hebrew people was under the King And Samuel describing the right of Kings sufficiently shews that the people have no power 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 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 against man therefore 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 even the Law of excalceation as having in it something ignominious was not of force upon them The Hebrew Barnachmon hath a sentence exstant amongst the sayings of the Rabbins in the title of Judges 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 Therefore both Moses and David call Judges Gods and judgements are called the judgements of God and Judges are said to judge not in the place of man but of God 〈◊〉 the matters of God are plainly distinguisht from the matters of the King where by the matters of God the mosâ—… 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 examples not a few both in the sacred Scripture and in the writings of the Hebrews Yet certain kinds of causes seem noâ—… permitted to the Kings cognizance viz. of the Tribe of the high Priest of the Prophet And hereof there is an argument in the history of the Prophet Jeremy 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 Therefore Hircanus when by power he could not hinder their judgement concerning Horod eluded the same by Art In Macedonia they that descended from Calanus as Calisthones in Arrian saith bare rule over that people not by force but by Law The Macedonians saith Curtius are accustomed to the Regal government yet are in a greater 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 old custome of the Macedonians the Army did enquire in time of Peace the Commons the power of the Kings prevailed no further than their authority could move There is in another place of the same Author another token of this mixture The Macedonians decreed according to the custome of their nation that the King should not hunt on foot without the attendance of his elect Princes or courtiers Tacitus 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 authority of perswading not by the power of Commanding and after he expresseth a full Royalty in these words One commandeth without all exceptions not by a precarious right of governing Eustathius upon the sixt of the Odysses where the Commonwealth of the Phaeaces is described saith it had a mixture of Power of the King and of the States Something 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 Tacitus 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 appeal from the Kings to the people as Senocâ—… hath noted out of Cicero's books de Republica out of the Pontifical books also 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 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 differd from the regal in little more than that 't was 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 and as it were prepare 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 Government 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 an
turn themselves amidst our so great discords do groan under the Popes Tyrannie would provide for the liberty of their Consciences I will pronounce nothing of the Papists of other Countryes but of my Countrymen of France I think I may truly say the best of them do wait for the day of the Lord and from their souls detest the maintainers of empty superstitions and of Papal Tyrannie I say more and I say it upon good ground If in our France Reformation had been carried on without so much varying from the form of the Antient Church many thousands more now most a verse from the Doctrine of our Churches had been converted When I have said thus to our Ministers in France I found but few who preferred not their own preciseness before gentle and moderate counsels Here far otherwise minded are both the King and every most learned man of the English Clergy Many of the Bishops in this Kingdome men excelling in learning and piety I have found who day and night study the same thing with you and give themselves continually to the same Cogitations And I doubt not if a beginning were made or if any occasion did arise of effecting that of which you have most prudently written both his most excellent Majestie and the whole Church of England and especially the most reverend Bishops would try all things to promote so good a work His Majestie commanded me to let you understand so much requesting you to continue in the same mind and to communicate your counsels to us Being in England our Grotius persisted in his endeavours of Reconciliation and presented to the learned Dean of St. Pauls Dr. Overal a little Tract of late published entituled Conciliatio dissidentium de re praedestinarâ—… gratia opinionum which the Deâ—… having perused roturns with this judgement upon it Remitto ad Te c. I return to you your Conciliation which is very much approv'd by me but I fear you will not approve it to your Antagonists especially the more rigid Sectators of Calvin's way That Zenonian Sect will hardly yield to moderate sentences in these matters but will tooth and nail adhere unto that fatal doctrine of Predestination in the pure mass or at least in the corrupt the Reprobates that is All men besides their absolutely Elect being excluded from the Redemption of Christ and from sufficient Grace in the intention of God and of Christ. After his return into Holland he prosecuted his Consultation for Peace by Letters to his friends in England and sent over a Copy of the Decree of the States for the ending of those Disputes as appears in another Epistle of Casaubon's 1614. Yours to Dr. Overal I will deliver him my self this day and ask his counsel about your Business He is now not Dean of St. Pauls but Bishop of Lichfield which preferment was conferr'd on him by the most gracious King a month since But such Accidents befall men this Accession of honour was made the less joyfull to him by the Stone or some like disease wherewith he was taken that very day whereon he obtain'd his place I will prevail with him to write you an Answer or if I cannot I will fully declare unto you his opinion The Edict of the most illustrious States I read so soon as I had opened your Packet and noted therein one or two expressions which I would have wished a little otherwise conceived But I will expect the judgement of others and then I will diligently write unto you both my own and their Observations In the mean I cannot sufficiently praise the Design of the most illustrious States in putting a restraint upon curious Heads by this Edict The Lord bless their work I have long been perswaded that the immoderate desire of men to peirce into the secret Counsels of God beyond what the eternal Wisdome hath revealed to us in Scripture is one of the most grievous Evils of our Time The antient Church firmly believ'd there are many mysteries in Christian Religion of which it is better to be silent especially among the Common People than to dispute subtilly I have written much of that opinion of the Antients when I expounded why the Sacraments are called Mysteries Which Argument when I handled and thought upon the modern Controversies I could not forbear to say somewhat of the matter See if you please the beginning of the 564. page The Book now cited by Casaubon is his Exercitations against Baronjus Lond. 1614. upon which Work hâ—… follow Grotius 's Verses which I set dâ—… for the better demonstration of that moderate way these great Scholars followed in the business of Religion wishing thâ—… example may help to reduce others fâ—… extravagancies Annales docti nimium servire Baron Qui legis c. Thus in English The Annals of the great Baronius Approv'd at Rome too too obsequous Believe not rashly The Laborice Book Was over-aw'd by an Imperious looâ—… Errours cloakt under purple Robeâ—… No hope This long time that plain True should please the Pope O Piety where art where is the Mâ—… So valiant against this Age that can Defend thy Cause when Schism aâ—… Faction Passions and Lusts reign o'r Religion Some to impose one as the Head of All To raise Him up consider not who fall Reverehd Antiquity without her choyce Is forc'd against her self to give her voyce Kings to deprive both of their Life and Crown For private Interest to throw Justice down New falshood to commend with an old Name This is the way to Riches and to Fame Some others too guilty of Innovation Call this a free and a pure Reformation To these received Rites displeasing are Lest that to Rome they should approach too near Thus Piety afflicted and long hid Which alwaies to speak Falshood doth forbid And sometimes to conceal Truth weeping past From place to place to find some aid at last Other hands failing Casaubon divine She was not dis-appointed seeking thine I have no wealth to give not the Red Hat Alas said she my Enemies have that Yet have I great Rewards Good Conscience Gratefull Posterity Gods Beneficence Thou heardst and fearâ—…dst not this evil Age That Wars against Peace with perpetual Rage Hence Athenoeus and Polybius now Those Glorious and younger Works which thou Hast wrought and let thy Strabo yield his place And all thy Sons of Roman or Greek race One more Heroick comes The former were Labours of Learning Piety is here Near the same time he wrote an Epistle to Joannes Hotmannus Vellerius which because it touches Concord and the Decree above mention'd may fitly be added in this place I received by the hand of the Right Honourable the French Embassadour your worthy Present viz. Books of excellent Men written on behalf of the best thing yet most despair'd of the peace of divided Christianity To speak my opinion briesly I think if Luther had had the mind of Melancthon and the Patriarch of the West
and against Collection of Alms for the feeding of Pastors who being expeld or banisht from their Country if they return are clapt up in perpetual prison their Accusers being invited by Rewards Congregations are scattered more unmercifully than the Edicts would bear by force and oftentimes not without blood to the great grief of a huge number of very good Men lovers of Christian piety and of their Countrey This is a true Relation of what was done Now I profess I cannot possibly approve that contempt of the Equity of the Hollandian States in their Decrees for a mutual Toleration nor the condemnation of the Pastors and the things that followed All which I suppose had been better prevented upon fair terms seeing those things could not be profitable to the publick and to Prince Maurice whose safety and glory if I mistake not consists in the good Affection of the people those especially who are devoted and addicted to their Countrey such as I judge them that were cast out of their Magistracy and many thousands of the overthrown opinion But in all those things whereof I am accus'd nothing was acted by Me on my one head but by command both of the States of Holland and of the Rulers of the Town of Rotterodam to whom and to no other man living was I bound by my Oath To whom therefore when I shewed my Obedience I was a Traitor to none but gave that respect both to the highest and to the inferior powers which Nature and my Office did require If any one thought he had to complain of that which I had done as the Minister of other men He was not to proceed against me but against my superiors And if I had done any thing by my own private undertaking which is not so yet was I not to be judged by my Adversaries nor by Judges found of purpose against me nor by any one who had receiv'd power of judging from the Confederate States but by the perpetual and my proper Judges as the Common Laws of our Countrey and the proper Laws of Towns for which Laws we at first took Arms appoint As to my mind and intention I testify before God and the world it was no other than to maintain that lawful form of Commonwealth under which I was born and bred and to procure the unity of the Church by a loving Composure agreeable to the divine Precepts to which end many things I proposed and many I had in readiness when I was carryed away to prison Whosoever judge otherwise of my Intention do me injury and have no just ground of their mistake My life hath been without stain or spot The Rulers of Rotterodam in the time of my Office know what Labours I did undergo for the safety and interests of that town The Curators of the Treasury can witness how exactly and without favour or fear I defended the rights thereof The Benches of the Judges in Holland have good experience of my integrity in the prosecution of offences They that have seen me in the Assembly of the States of Holland and in the Sessions of the Curators of that Commonwealth can remember what pains I took that by parsimony and improvement of the Tribute there might be a supply of Money Nor is Prince Maurice ignorant how I satisfyed his desires in private businesses which he was pleased to commend unto my care And They that were together with me in the Assembly of the Confederates are intreated to call to mind how I omitted nothing that might conduce to secure the Publick against the enemies force to advance the Trade through India and America to continue a fair Amity and correspondence with Kings and other our Confederates and Allies How heartily I affected the glory of our Commonwealth and of all things done valiantly in defense of it and peculiarly favour'd the renown of Prince Maurice my Books may testify which I have partly divulged and partly communicated to my friends For these Offices if I had expected a Reward truly it had not been without example but I never regarded that being content with my salary and the recompense of a good Name What Return had I after all my service That for the space of nine months being grievously sick I was kept under a most streight custody so as I could not so much as once have the comfort to see my wife or any friend That in the habit of a guilty person I was brought into that Auditory wherein I had upheld the honour of Publick Justice That being shut up afterward in one chamber I was so closely guarded with Soldiers that my wife sometimes had not liberty to go abroad That those few Goods I possessed and if ever any man had gotten honestly were taken from me and my five Children Than all which yet This one thing is more grievous that the eares of my Countreyman and of foreiners are filled with a false rumour as if I had conspired and plotted against my Countrey because it is incredible to most men that any Man of truth and honesty should be so used as I have been Neither is the injury confined to my person alone but part of the odium and Calumny redounds to those that are allied to me by blood or marriage who as publick enemies and traitors in several places are persecuted by evil words and deeds Against all these things my comfort is in God and in a good Conscience and in the example of very many excellent Patriots who for no sin but for solid vertues sake have endured the like Afflictions Of late there is come forth a Latin Book of an unknown Writer who saith that by reason of the injuries done me I will be in affection if not in body with the King of Spain This is far from Truth I know all desire of Revenge is forbidden Christians To the King of Spain I am not obliged nor do I desire to be obliged My Body is in France there I live and so long as I remain there I will be faithful and obedient to the King as t is my duty Toward my Countrey in the mean time which hath special need of the Kings friendship I will preserve the same Affection I ever had sollicitous for her safety liberty and profit and ready to do Her service if she can make any use of me For which Affection I desire nothing but that You All of what Order and degree soever for I know many among the Rulers too by the cunning of others are depriv'd of the true understanding of what was done in our Case laying aside prejudices would be pleas'd to judge of mine and other mens Doings so as you would have your own to be judged And to thâ—… purpose I humbly beseech God to cleer the eye of your mind that you may see the Truth and every one for his part do that which Equity requires especially that you may find out the way of Peace which at this time is most necessary By this Narration the
advancing his own way and of separating himself from others and keeping a large distance under pretence of purity But all these things ought to deterr no man from effecting a most excellent work if he be able if he cannot effect it certainly he may have comfort of his Conscience and please himself in the thought of so noble an Attempt Again to the same Duraeus Both the Embassadors of England think as I also do that these Times will not permit a General Assembly of Protestants Times wherein they do not enjoy so much as that common peace of humane Society That it will therefore be best as the Kingdome of Sueden and England are joyned together in Friendship and haply e're long will be confederate So also that the Churches of these Kingdomes set forth a publick profession of their Concord and first give the Neighbours of Sueden the Danes and Norwegians and then others too an example for them to imitate Such a Body of Churches being once constituted there is hope their Neighbours one after another will by degrees close with them And this is the more to be desir'd by Protestants because Many do every day forsake them and joyn with the Romanists for no other Reason but because they are not one Body but distracted parties separated Congregations having every one a peculiar Communion and Rites and moreover striving one to disgrace the other with reproaches That it concerns the Protestants these things should be remedied especially seeing so great a Conspiracy of their Adversaries against them who doth not perceive Nor was our Author zealously affected onely to the peace of Protestants but of all Christendome witness his Via ad pacem Ecclesiasticam in the entrance whereof he hath a sweet Epigram in praise of Moderators to this effect Qui gaudes Batavis c. That Roterdam Erasmus stands in Brass Yet this Reward to 's worth inferiour was That mild Cassander's Works are published Thanks to Cordesius and by thee are read That Nectar drops from sweet Melancthon's vein Wicel and Modreve write in the same strein That in Spalato's Books good Votes are seen For Unity ill lost are Two of Ten That Great Great Britains King hath wisely done In signifying his mind by Casaubon Who joy'st in all this view with gentle look Our way of Reconcilement in this Book Good if not best 'T will please thou mayst presage Though not the Present yet the Future Age. Add only this passage of His out of his Answer to Dr. Rivet where he hath words of this sense I have always loved Peace and do love it and to it do I direct my labours both publick and private that we may obtein it first between Empires professing Christ and then in the Church which Christ would have to be One. And I mean Peace without injury to that Truth which the Scripture and perpetual Tradition consign unto us And seeing Peace though it were made cannot be kept without a certain Order of Government I love also that order which the long experience of old times hath approved It cannot be but the Lovers of these things must incur the hatred of them that seek advantage by wars and discords such as our Age abounds with Such enemies of Peace I well foresaw would rise up against Me and my endeavour of Peace I easily suffer it and comfort my self with the Conscience of my good Design For the promoting whereof I have said that which seemed to me most profitable according to the measure of my understanding and Reading with some Regard also to the times wherein we live To the order of Government here named pertains what he speaks elsewhere For if the perpetual Custom of the Universal Church introduced as we may believe and the Antients did believe by the Apostles themselves be of any value neither can a Presbyter be ordained but by a Bishop nor a Bishop but by two or more Bishops The Contempt of this Holy Order hath brought in so much Licence that whosoever can lead the common people by the ears maketh to himself a right of gathering a new Church Here shall I insert that Elogy of our Grotius which I received from a learned man * that had the honour to be acquainted with him in France He was a Man wonderfully courteous and affable very free in communicating his knowledge in any point of learning very ready to give his advice touching any course of study what Authors were fittest to be read His Latin in his discourse was altogether such as we see in his Books ready fluent easy and unaffected so that I verily think no man ever spake more fluently in his Mother tongue He was a most indefatigable Student and a man of a singular ready memory and clearness of judgment A great Lover of the Union and Peace of the Church an Approver of the Church of England as most orderly reformed He was of a most sweet Christian disposition far from any thought of revenge for any Injury One time coming from an Audience at S. Germans the Secretary of Ceremonies being in the Coach with him it chanced that in one place a great number of people were in the way seeing an execution His Coachman and Postilion driving boldly through the company the Archers which use to attend executions with short pieces being angry to see the execution disturb'd made after the Coach shot his Postilion and Coachman and through the Coach even through his Hat And the King offering to hang three or four of them at his gate if he pleased he pardoned them All. In his Journey between France and Sueden he dyed putting off Ministers that came to him with Non novi vos as they say But how little of probability there is in that saying or any such like may appear by this Narrative of his Death which I have translated out of Dr. Casaubon as followeth Because we desire the Memory of this Great Man should be dear to all Lovers of Vertue and Learning according to his most High Deserts toward the Common-wealth of Good Letters I have easily obtained of My self to insert here and to communicate to the candid and ingenuous Reader what hath come unto my hands by the help and favour of some Friends concerning the End of so excellent a Person in a Letter of Quistorpius the primary Professor of Theology at Rostoch set forth at Amsterdam You are earnest with me to relate the last act of that Phoenix of learned men Hugo Grotius and how he behaved himself when he took his leave of this world Here take it briefly thus He took ship at Stockholm bound for Lubec At Sea he met with a great Storm and having been beaten with it and tossed for the space of three dayes he suffers Shipwrack and is cast upon the shore of Cassubia sick and weak Thence in a very incommodious Journey and a rainy season passing sixty miles and more he is brought at length
oath 223 Servitude 414 Sepulchers 557 Ships of enemies 564 Single combate 194 Simplicity 199. 200 Simulation 486 Solemn war 76 Soldier resisting 137 Society 151 Solomons proverbs 252 Soldiers of fortune 461 Spoil 553. 559 Spies 448 Speech 492 Strangers 537 States 90 Stronger 447 Sute 39 Subjection 47. 86. 143. 156 Subjects profit 96 Subjects War 135 Succession 101 Superiors 136. 240 Suppliants 388. 596 Supremacy 137 Suffrance 382 Surety 398 Succour 458 Supplie 480 Sword 26. 72 Swearing 234 T TEmperament 581. 604 Tertullian 51. 157 Temporary right 102 Terrour 599 Theseus 294 Thebaean Legion 65. 158 Thief 68. 189 Tithe 558 Tribute 35. 132 Trajans saying 149 Traitors 166. 304. 508 Truth 490 Tutor 40. 96 Turks 256 Tyranny 95 Tyrant 237 V VAlour 59. 505 Valentian's answer 94 Vengeance 47 Unequal league 123 Voluntary Law 6. 7 Usufructuary 102 Usurper 169 W WAr 1 War private 66 War publick 76 War for punishment 350 War for religion 270 War without cause 409 War doubtful 426 War declined 440. 448 War for others 451. 457 War solemn 76. 518 Waste 553. 604 War unjust 575 Words of Art 261 Women 316. 538. 551. 589 X XEnophon's Cyrus 41 Y. YEa yea 242 Z ZEal 327 THE END Books printed for William Lee and are to be sold at his shop at the Turks-Head in Fleetstreet together with the Prices of some of them ANnotations upon all the New Testament by Edward Leigh Esquire Master of Arts of Magdalen-Hall in Oxford 1650. A Systeme or Body of Divinity in ten Books wherein the Fundamental and main grounds of Religion are opened by Edward Leigh Esquire Master of Arts in Magdalen-Hall in Oxford in Folio 1654. about 240. Sheets The Saints Encouragement in Evil times in 12. 1651. written by the said Author Edward Leigh An Exposition of the Prophecy of Haggee in fifteen Sermons by that famous Divine John Reynolds D. D. in 4. 1649. An exposition of the Psalms of degrees The Young mans Tutor both writ by T. Stint in 8. Heresiography or a Description of all the Heresies Sectaries of these later times of Ranters and Quakers by Eph. Pagit 4. with new Additions 1654. Contemplations Sighs and groans of a Christian published by W. 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An ancient learned Book of the Law called Britton FINIS †Sic enim Theoc'ymenem compellari facit Nam turpe id essct cum scias hominum ac Deûm Quod est eritque justa te haud cognoscere * Thucyd. l. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Likewise in the first Book the Athenians being at that time in their pride say thus to the Melians Humane reason judgeth those things just which are necessary and things possible to be done are done by the mighty and suffered by the weak †Ennius Non ex jure manu consertum sed magè ferro Rem repetunt Horatius de Achille Jura negat sibi nata nibil non arrogat armis Alius de alio Hic paceÌ„ temerataque jura relinguo †In Plutarch Lysander shewing his sword saith He that hath this in his hand best disâ—…utes of the bounds of his dominion And Caesar in the same Author Laws have no place in the time of war And Seneca saith Princes in war especially give with their eyes shut One man cannot satisfie so many armed usts nor can he at the same time act the good Man and the good General De ben lib. 4. c. 38. †Plutarch relates this saying of Pompey to the Momentines thus Will you never leave prating of the Laws to us that wear Swordâ—… Curtius lib. 9. So doth war overthrow even the Laws of Nature * Terent. Incerta haec sâ—…tu postules Ratione certa facere nihilo plus agas Quam si des operam ut cum ratione insanias * Nec natura potest justo secerâ—…re bonestum †Chrysostom on the Rom. Hom. 30. saith we men have by nature society with men What else 〈◊〉 when even the Beasts have so too See the same Father in the 1. Ch. to the Eph. where he shews that we have given unto us by nature the seeds of virtues Marc. Antoninus that Philosopher in the Throne It hath appeared that we are born for Society Is it not plain worser things are ordained for the Better and the better for one another * It is an old Proverb A Dog eats no Dogs-flesh Juven Tigris agit rabida cum Tigride pacem Parcit cognatis maculis sera Philo hath an excellent passage upon the fift Command Be you Men imitators of the mute Creatures They are taught to requite benefits c. See Porphyry de non esu animal 3. of the exceeding care of Doves about their young ones †Mar. Antonin l. 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And he saith One may more easily find a thing of an earthly nature