late to help it This in all Cities is observed as an Oracle That in times of Peace they ever provide for War and in times of War they lay the foundations of a firm and lasting Peace we should neither place too much confidence in our friends because they may prove our enemies neither should we appear too diffident of our enemies because they may hereafter prove our friends But if the hopes of our enemies conversion cannot prevail with us to do them civil offices yet let us remember That there is no hostility at all against us in those things which an enemies Country produceth For all things there are serviceable all things profitable all things pleasureable or very necessary to our selves All its fruits affording unto us either nourishment or somewhat that is equivalent unto it Again Non opportet Bellum inferre Belli nesciis We ought not to make War upon those things that are so amicable so innocent that they know not what War means To burn cut down and utterly to extirpate those things which Nature by heat from above and moisture from beneath hath so tenderly brought up and nourished to no other end but to pay their yearly Tribute unto men as unto Kings savours of too much inhumanity Thus far Philo wherewith agrees that of Josephus If Trees saith he could speak they would certainly upbraid us with injustice for inflicting upon them the plagues and miseries of War who are in no wise guilty of the causes thereof Neither hath that Saying of Pythagoras any other ground than this where he tells us That to cut down or to hurt tender Plants or Trees that bear Fruit is a sin against Nature and not justifiable before God De non edendis lib. 4. Porphyry likewise describing the manners of the Jews taking as I suppose their Customs to be the best Interpreters of their Laws extends this Custom or Law to all Beasts that are serviceable for Tillage Their Talmuds and their Interpreters do yet stretch out this Law somewhat farther even to all things that may causelesly perish as the firing of Houses the poysoning of Springs or the spoiling of any thing that may afford nourishment to Mankind unless it be such Trees or Houses as being near unto the Walls may thereby hinder Souldiers in the performance of their Military Duties Agreeable with this Law was that prudent moderation of the Athenian General De Repub. l. 5. Timotheus Who would not suffer his Souldiers to destroy any House or Village nor cut down any Plant that bare Fruit. There is the like Law extant in Plato prohibiting the laying of any Lands waste or the demolishing of any Houses And if we may not waste the Country of an Enemy much less when by Conquest we have made it our own Offic. l. 1. Cicero did not approve of the demolishing of Corinth though the Citizens had unhandsomly treated the Roman Ambassadours And in another place he calls that War an ugly Pro domo sua horrid and malicious War that was made against Houses Walls Pillars and Posts Livy highly commends the lenity of the Romans for that having taken Capua Lib. 26. they did not pull down the Walls nor set on fire the innocent Houses There is a most excellent Epistle upon this Argument extant in Procopius which Belisarius writes to Totilas It hath been saith he reputed in former Ages the Glory of wise men to raise fair and magnificent Structures to preserve their Names and Memories but to rase and demolish them being built was ever esteemed the badge of folly and madness as not blushing to transmit to Posterity the Monuments of their own vileness It is confest by all men That Rome is the most magnificent and beautiful City of all that the Sun beholds Neither did it arise to this height of splendour by the bounty or industry of any one man or in few years but many Kings and Emperours and a vast series or succession of Noble-men many Ages and a stupendious Mass of Treasure have drawn hither as other things so the most expert Artificers in the World whereby having by little and little brought this City to that perfection wherein we now see it they have bequeathed it to future Ages as an everlasting Monument of their Vertue and Magnanimity wherefore to rase this City were to be injurious to Mankind in all Ages to our Ancestors in sacrilegiously burying in its Ruines the memory of their noble Acts to our Posterity enviously depriving them of the very sight of those noble Structures whereby they may be excited to the imitation of their Vertues And if it be thus then consider that one of these two must necessarily fall out either the Emperour must vanquish or you If you be Conquerour then in destroying this City you destroy not what is your Enemies but your own and in preserving it you enjoy the richest and most beautiful place on the Earth But in case thou be worsted thy clemency in preserving this great City shall plead strongly to the Emperour for mercy but in destroying it all hopes of favour lye buried in the ruines of it and thou shalt not only lose whatever thou canst gain by the Spoil but an eternal brand of shame and infamy shall cleave unto thy Name throughout all Ages according to thy dealings herein For fame is equally ready to report either good or evil of us Potentum quales sunt actiones talis existimatio According to the lives and actions of Grandees so is their fame to the Worlds end Thus far Procopius It is true Josh 6. 2 Kings 3.19 that God himself in the sacred Scriptures did not only command that some Cities should be destroyed by fire but also that the Trees of the Moabites contrary to this General Rule should be cut down But this was not done out of an hostile malice but out of a pure detestation of their sins which were either publickly known to deserve such a punishment or at least were so reputed in Gods account III. If there be great hopes of Victory Secondly We should forbear to waste an enemies Country where the possession of it is in question especially if there be any probable hopes of a speedy Victory whereby both the Land and the profits thereof are likely to become the reward of the Conqueror So Alexander the Great as Justine tells us prohibited his Souldiers from depopulating Asia telling them That they ought rather carefully to preserve their own and not to destroy that which they came to possess Thus Gelimer with his Vandals besieging the City Carthage Proc. Vand. 2. made no spoil nor took any pillage but secured the Country to himself as his own The like Speech I find in Helmoldus Nonne Terra quam devastamus nostra est Lib. 1. c. 66. Is not the Land that we waste ours and the people whom we destroy our Subjects Wherefore then are we become Enemies to our sâ—lves wherefore do we drive away those
led As having their minds distracted with no manner of Cares As Josephus testifies And to the same purpose writes Macrobius At the first the Conversation of men was with such an Innocent Simplicity as had no commixture at all of evil in it being altogother unacquainted with that guile and subtilty that now rageth in the World The Wise man terms it Sincerity 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wisd 3.24 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so doth St. Paul Eph. 6.24 and sometimes it is called singleness which is opposed to craft and subtilty They then made the worship of God their only care which was symbolized by the Tree of Life or Divine Wisdom Prov. 3.18 As Philo Arbor vitae and the learned among the Jewâ— explain it with whom agrees St. John Apoc. 22.2 Their dyet was as simple as their lives for they fed on nothing but what Nature liberally afforded them See Ecclus 40.17 And of the four Rivers Ecclus 24.55 The Tree of Knowledge of Good and Evil what it signified Eccl. 7.29 without Cultivation But in this Innocent Simplicity they continued not long but wandring in devious paths and making every day new experiments they became by degrees acquainted with Sin which stands Emblem'd out in Scripture by the Tree of Knowledge of Good and Evil that is of those things which they had power to use well or ill which Philo calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Intermediate Prudence or a Prudence which is conversant about things in themselves Indifferent Whereunto Solomon had respect when he tells us That God made man upright that is Simple but he hath found out many Inventions Which Philo expounds Many subtle Devices Which as Dion Prusaeensis observes were no whit to those that succeeded to our first Parents advantageous as to Life For they made use of their Sagacity not so much to fortifie themselves with Justice and Temperance as to corrupt themselves by voluptuousness Those most ancient Arts as the Tilling of the Earth and the depasturing of Cattle were first exercised by the first brethren not without some kind of distribution of the Fruits This diversity of Arts begat a kind of Emulation and this ended in Murther And afterwards when by Conversation the bad infected the good there grew up a Race of men who for their violence and oppression The Age of the Giants were called Gyants which the Greeks called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they observed no other rule of Justice but their own strength and therefore thought all to be their own which they could conquer But the World being cleansed from blood and rapine by the Deluge Lust inflamed with Wine succeeded to Cruelty and brought forth Incest and such like unnatural Coitions But that which especially blew the Coals of discord among Princes and Nations was that Heroick Sin of Ambition Ambition Gen. 13. whose Emblem was the Tower of Babylon whence the division of Tongues caused their dispersion into several Countreys some possessing one part of the Earth and some another But yet still among Neighbours there remained a Communion not of Cattle but of Pasturage for so large a proportion of ground being but thinly peopled might without any Inconvenience sufficiently supply all their necessities To mark their own Virg. Georg. 1. and trench out others Land Was not yet Lawful Until at length the numbers both of Men and Cattle encreasing the Land also became sub-divided not into Nations and Provinces as before but into single Families Gen. 13. Gen. 21. And whereas in dry and sandy regions Springs though very necessary yet were not able to supply a multitude Therefore did every man strive by taking the first possession of them to make them his own All these things we may trace out of the Sacred story whereunto we might add the concurrent Testimonies both of Philosophers and Poets who have treated of the first state of things held in common and of the subsequent distribution of them but that I have done it elsewhere Mari liberoâ— c. 15. From hence we learn the true cause why men departed from that Primitive Community of things first of movables and afterwards of immovables Namely because repining to be at Natures bare allowance that is to feed on Roots and Herbs to make their habitations in Caves to go naked or clad with barks of Trees or Skins of Beasts as the Scritefinni described by Procopius did they made choice of a more delicate kind of living which would roquire industry Got. 2. which every particular man was in every thing to use for himself Now that the Fruits of the Earth could not be conveniently laid up or disposed of in common will easily be granted First by reason of the vast distance of the places inhabited the one from the other And Secondly because of the great defect of Love and Charity among men By reason whereof no due equality could be observed either of Labour in their Acquisition or of Temperance in their Consumption And from hence we may further learn for what causes things were reduced into Propriety Not by the sole act of the Mind for no one man could possibly know what another would have to be his own See as to this matter what the honour of the English Nation Selden hath traduced unto us out of the Gemara and the Alâ—oran in his Thalassocratico that he might forbear it Besides possible it is that diverse men might be competitors for one and the same thing But things became proper by compact or agreement and that either express or by partition or tacite as by present occupancy But as soon as experience had taught them the inconveniencies of holding things in common and yet before Division was first instituted it is very probable that they unanimously agreed That what every man possest at that time should be his own Thus Cicero To the end that of what nature had made common each man might call something his it was agreed That look what every man had in possession he might hold as his own And in another place †De sinib l. 3. It is generally granted saith he neither doth nature her self envy it That as to things appertaining to life Quisque sibi malit quam alteri acquiri Every man had rather enjoy them himself than that another should have them Whereunto we may add that of Quintilian If this be the state and condition of things That whatsoever is useful to Men belongs properly to him that possesseth it then surely whatsoever is justly ours cannot justly be taken from us Which very thing Cicero illustrates by a Similitude borrowed from Chrysippus of a race Vbi currendo licet adversarium vincere non detrudendo Wherein a man might overcome his adversary by running but not by detrusion This was wise Solon's wish Riches I fain would have but if ill got Let them be ne're so great I wish them not And when the Ancients stiled Ceres the Law-giver
own safety by flight is the most probable opinion notwithstanding the charge given by the Apostle Gal. 6.5 Tit. 2.9 â— Pet. â— 16 and by the ancient Canons forbidding Servants to flee from their own Masters because those Precepts were general and opposed only to that error which was then growing namely that denyed all manner of subjection whether publick or private as being inconsistent with Christian Liberty XXX There are divers kinds of Servitudes Besides that slavery which is perfect there are others imperfect as those that are limited to a certain time or to certain things or upon conditions Of such there were divers among the Romans as that of their liberti nexi addicti asscripti glebae statu liberi As also among the Jews there were those that served seven years and that bound themselves until the next Jubilee and then were free And such were the Penestae among the Thessalonians and all Mercenaries amongst whom are to be reckoned our Apprentices here in England who for a certain number of years are under so hard a discipline as doth but little distinguish them from those of a servile condition and such like All which differences do depend either upon some Laws or upon some Contracts his servitude also seems to be naturally imperfect who is born of Parents whereof one of them is bond and the other free for the causes aforesaid XXXI Publick Subjection by consent Publick Subjection is when any one Nation or People do give themselves up to the power and command of another either of one man or many or of another people or Nation The form of such a voluntary rendition we have already set down in that of Capua The like is that of the people of Collatia Do ye give up unto me and unto the jurisdiction of the People of Rome the Collatine People with their City Fields Water Bounds Temples Vtensils with all things else whether Divine or Humane We do say they And I accept thereof Whereunto Plautus seems to allude in his Amphitryo All which the Persians comprehend under the general names of Earth and Water This is an absolute Subjection but there are some likewise that are not so full and absolute in respect either of their manner of holding it or of that arbitrary power of command of the several degrees whereof we have already elsewhere discoursed Lib. 1. c. 3. XXXII What Right is gained over persons by way of punishment There is likewise an involuntary subjection when by reason of some delinquency we forfeit our liberty and are forcibly reduced into servitude by such as have a right to punish us and who those are we shall shew hereafter And thus may not only private men be brought into slavery as at Rome Qui ad dilectum non respondebat He that refused to perform an Office being thereunto chosen and they that were not enrolled or registred in the number of Citizens and afterwards women who though otherwise ingenuous yet if they married another mans servant lost their own freedom But the publick things of a Nation may be thus subjected for some publick injuries done but with this difference that if the State be brought into captivity it is perpetual For as in the Laurel though the leaves dye yet is the Tree always green so though every person in that Nation be mortal yet doth Succession make the people immortal But in personal bondage Noxa sequitur caput The punishment never exceeds the person offending but both these servitudes as well private as publick being penal may be either perfect or imperfect according to the offence and punishment thereunto due Now of that servitude whether private oâ— publick that ariseth from the voluntary Law of Nations we shall have occasion to treat when we come to the direful effects of War CHAP. VI. Of that Right which is derivatively acquired by the voluntary Fact of a man wherein is handled the Right of Alienation of Empires and Things thereunto belonging I. To make an Alienation valid what is required from the Giver II. What is required from the Receiver III. That Empires may be alienated sometimes by the King sometimes by the People IV. That the Government over one part of a Nation cannot be alienated by the people if that part dissent or be unwilling V. Neither can one part alienate the Government over themselves unless in case of unavoidable necessity VI. The Causes or Reasons of this VII That the Empire over some place may be alienated VIII That no part of an Empire may be alienated by the King either for profit or necessity IX Vnder this Title of Alienation all Feoffments and Morgages are comprehended X. So under Empires are all lesser Jurisdictions which cannot be alienated but by the special consent of the People or by Custom XI No more can the Peoples Patrimony be alienated by the King XII That the fruits and mean profits of the Patrimony must be distinguished from the Patrimony it self XIII Some parts of the Peoples Patrimony may be engaged by the King for debts how far and why XIV That a mans Testament is a kind of Alienation and is warranted by the Law of Nature I. What is requisite to a perfect Alienation HItherto we have spoken of Original Right Now we are to treat of that Right which we derive from another and this may be done either by the fact of the Person that gives it or by some Law that warrants it for that the right owners of things should have power to assign their interests either wholly or in part unto others propriety being once introduced is most agreeable to the Law of Nature And therefore Aristotle places it in the very definition of Dominion As if that only were truly and simply ours 1 Rhet. 5. which we have a Right to alienate Wherein two things only are to be observed one in the Donor the other in the Donee First in the Donor the internal act of the Will only is not sufficient unless it be declared by some overt act as by words or some other external signs For of the inward acts of the mind we are no competent Judges neither is it congruous to the nature of humane society But that there should be also a publick delivery of the thing transferred is required by the Civil Law which being now received by most Nations is though improperly said to be required by the Law of Nations So in some places it is required that every Alienation should be published either before the People or before the Magistrate and that it should be also recorded all which do certainly proceed from the Civil Law But because every Alienation of a mans Right ought to be done with sound Judgment therefore the acts of the Will that are exprest by some overt signs are to be understood the acts of a mind endued with Reason II. What in the Receiver So likewise in the Receiver setting aside the Civil Law it is naturally requisite that he should express
necessity Nisi malint fame perire Vnless they had rather perish by famine For as Anaxilaus in Xenophon apoligizeth for his surrender of Byzantium being thereunto constrained for want of Bread Pugnandum est hominibus in homines non in rerum naturam Men ought to fight against men but not against nature neither do men commend a voluntary death so long as their hopes are above their fears That sentence which Diodorus Siculus past against the Thebans which lived in the time of Alexander the Great stands yet upon record namely That they were the authors of their own ruine for as much as they had with more courage than prudence provoked Alexander to their own destruction And in another place the same Author examining the ground of that War which the Thracians undertook against Alexanders Army after his death saith That in the opinion of the wisest men they had consulted well for their own glory but not so well for their own profit by thrusting themselves over-hastily into so dangerous an enterprise being no ways urged thereunto by any necessity but especially being forewarned by the destruction of the Thebans The like censure doth Plutarch pass upon Cato and Scipio Whom for refusing to submit to Caesar after his victory in Pharsalia he condemns as being the cause that so many and so gallant men did unnecessarily perish in Africa Now what I have here said concerning liberty may likewise be said concerning other things that are desiderable when they cannot be obtained without if not a more just yet at least an equal expectation of some greater mischief For as Aristides saith To preserve the ship with the loss of the goods is usual but not with the loss of the passengers VII War seldom made for punishments by Princes of equal power This also is chiefly to be observed That Wars are seldom or never made for exacting punishments only by such Princes or States as are of equal power for as the civil Magistrate so he that undertakes to punish injuries by Arms must always be presumed to be of power sufficient to enforce it Neither is it prudence only or the love we bear to our Subjects that should disswade us from a doubtful War but sometimes even justice that I mean which is essential to Government which requires as obedience from inferiours so protection and preservation from superiours And consequently as some Divines have rightly observed If a King for any small or trifing cause as for the exacting of punishments which are unnecessary In what case a Prince is bound to repair his Subjects losses engage his Subjects in a dangerous War he is bound to repair the losses they shall thereby sustain for although to his Enemy haply he doth no wrong who hath justly provoked him yet doth he thereby wrong to his Subjects by involving them in a dangerous War for such slight causes as might better have been dissembled and is therefore bound to repair their damages in which sense that of Livy holds true Justum est bellum quod necessarium est pia arma quibus nulla nisi in armis relinquitur spes That War is just that is necessary and Arms are there necessary when there is no hopes of safety but by Arms. This was Ovids wish Ovid. Fast 1. Sola gerat miles quibus arma coerceat arma May then the Souldier armed be When he repels his Enemy VIII War not to be undertaken but in a case of necessity There is then one rare cause when War either cannot or ought not to be omitted as namely when as Flora speaks Jura sunt armis saeviora Laws are more cruel than War it self that is when the oppressions of Tyrants are more greivious than the miseries of War He saith Seneca needs not to fear the miseries of War that suffers the like if not greater living in Peace So Aristides When it is manifest that our condition will be worse in sitting still then we may adventure upon the dangers of War Neither is that opinion of Tacitus much to be condemned where he saith That a miserable Peace may well be exchanged for a doubtful War that is as the same Author saith When if we conquer we enjoy our freedom or being conquered our condition can be no worse Or when as Livy speaks Peace is more grievous to those that serve than War is to those that are free But not as Cicero puts the case if it appear that being Conquered we shall be proscrib'd i. e. our estates shall be sold and our persons banished but being Conquerours we change only our oppressors but are not eased of our oppressions IX Or without great cause and great advantages Another time when War is to be preferred before Peace peace is when upon a rational debate we find that we have the best Right and which is of greatest moment power sufficient to defend it that is as Augustus in Suetonius sometimes said * Sueton. c. 24. When there is more hopes of gain than fear of loss Or as Scipio Africanus and L. Aemilius Paulus were wont to say of the Battel * Aul Gel. l. 13. c. 3. Val. Max. l. 7. c. 2. We ought not to run the hazard of a Battel but upon some unavoidable necessity or upon great and manifest advantage wherewith accords that of Plutarch * Gracchis before-recited To use Iron and Steel without very great necessity neither becomes a good Physician nor a prudent States man The like Zonaras records of Marcianus Kings when they may lawfully enjoy Peace ought not to make War Whereunto we may add that of St. Augustine Pacem habere voluntatis est Bellum autem necessitatis esse debet ut liberet nos Deus à necessitate conservet in pace Peace we should make voluntarily War out of necessity That so God may relieve us in our necessities and preserve us in Peace But then most especially may we make War when we have good cause to hope that our Enemies through fear or by the fame of our Victories will be ready to yield without any or very little danger on our part and this is as Pliny calls it the most glorious of all Victories X. The miseries of War War indeed is as Plutarch speaks * Vit. Eamilli a very savage thing and never comes unaccompanied with a torrent of mischiefs and insolencies Which saith St. Aug. * De Civit Dei l. 19. c. 7. should I undertake to describe when and where would my discourse end But they may say a wise man will sometimes make War as if when he considers himself to be a man he doth not much more grieve to find himself enforced thereunto though that War be just for unless it were just there could be no necessity to make it because it is the iniquity of the adverse part that thrusts a wise man into a just and necessary War which very iniquity as proceeding from men though no necessity of a War should thence arise is
Sex and those of feeble Age and offer violence to none but to such as resisted Now that compassion which seems to have been in all Ages taken of Infants and such as have not yet attained to the use of reason is for the most part shewed unto Women that is if they have done nothing in their own persons that may particularly deserve punishment or if they have not personally performed such service as properly belongs to Souldiers only For as Statius notes It is Sexus rudis insciusque ferri A sex that is ignorant and unfit for War As the Captain in Seneca's Tragedies demanded of Nero who had termed Octavia an Enemy Foemina hoc nomen capit Can a Woman be so called For which Cause Tucca and Varus thought it fit to expunge those two Verses in the second of Virgils Aeneads where Aeneas consults about the putting of Helen to Death It was a magnanimous speech of the great Alexander in Curtius It is not my custome to make War against Captives and Women Armatus sit oportet quem oderim He must be armed whom I look at as an Enemy So Grypus in Justine denies that either he or any of his Ancestors in all their Wars foreign or civil did ever after the Victory obtained exercise their cruelty upon Women whom their very sex did sufficiently guard as well from the perils of War as from the rage of the Conquerour And so doth he in Tacitus profess of himself That he never made War against Women nor against any others but such as he found armed to resist him Valerius Maximus relating the barbarous outrage L. 9. c. 1. which Munatius Flaccus exercised on Women and Children calls it Ffferatam crudelitatem auditu etiam intolerabilem A savage cruelty and not with any patience to be heard The Carthaginians as Diodorus testifies at Salinae destroyed not the Women and Infants only Lib. 13. without the least sense of humanity but their very Beasts also which he elswhere calls an act of cruelty Now what Latinus Pacatus said of Women that they were Sexus cui Bella parcunt A sex alway favoured in War The like doth Papinus say of old men that they are Nullis violabilis armis Turba senes A sort of People that no Arms can hurt X. Priests and Students to be spared What we have said of Women and Children may also be said of all men generally whose manner of life is altogether abhorrent from deeds of Arms Jure Belli in armatos repugnantesque caedes By that Right of War which is most agreeable to the Law of nature they only are to perish by the sword who have actually taken up the sword Livy l. 28. Ant. 12. c 3. Where there is no power to resist there can be no cause of revenge So Josephus It is but just and equal that they that take up arms should be punished by Arms but the innocent should always be indemnified Thus Camillus in Livy when he had taken Veji Lib. 5. commanded his Souldiers to spare every man whom they found unarmed And among these they are in the first place to be spared who are conversant about things sacred and holy for anciently it was the general custom of all Nations to exempt such from bearing Armes and for that cause were they also priviledged from the Force of Armes 〈◊〉 10.5 For seeing they could do no violence therefore was no violence done unto them Though the Philistines were mortal Enemies to the Jews yet did they forbear to use any violence to the College of the Prophets at Gaba So we read of David that he fled with Samuel to another place where there was such another Colledge of Prophets as to a place of refuge against all hostile violence 1 Sam. 19.18 Hircanus when he besieged Hierusalem sent Sacrifices to the Temple as the Jews testifie And the Goths are commended by Procopius for sparing the Priests that belonged to the Church of St Peter and St Paul being situate without the Walls of Rome Quaest Graec. Plutarch records it of the Cretians That though they were embroiled in Civil Wars yet did all Parties carry themselves inoffensively towards their Priests and towards those that had the charge of burning the Dead Lib. 8. It is observed by Strabo That when all Greece was harassed with Intestine Wars the Aeleans being consecrated to Jupiter together with those that came to sojourn with them lived in great peace and security And Servius upon the seventh of Virgil's Aeneads speaking of a Reverend Old Priest saith Eum defendebat à Bello si non Aetas saltem Religio Sacerdotis That he was priviledged from all violence Polyb. l. 4. if not by his Age yet in respect of his Priesthood In like manner also they that went up to try their Fortunes at the Olympian Pythian Nemaean and Isthmian Games though it were in the time of War Thucyd. l. 5. 8 Plut. Arat. were on all sides protected The like Priviledges and Immunities from the calamities of War were due unto such as though no Priests yet do voluntarilily sequester themselves from worldly Affairs giving themselves up wholly to piety and devotion For whom the Ecclesiastical Canons grounded upon natural equity do make the same provision as they do for Priests To these also we may add those who spend their time in either the invention or perfection of such arts as are useful or necessary for humane Society Wherefore Protogenes being demanded by Demetrius How he durst trust himself without the Walls of Rhodes Answered That he knew Demetrius warred against the Rhodians not against Arts. XI 〈◊〉 Husbandâ— Next unto these are Husbandmen who are also provided for by the Canons Diodorus Siculus records this in honour of the Indians That in their Wars they that are Souldiers do kill anâ— destroy one another without mercy but such as were employed in Husbandry they never molested 〈◊〉 2. as being Benefactors in common to all Parties The like doth Plutarch testifie of the ancient Corinthians and Megarenses Nemo Agricolas ullo afficiebat malo Not one of them would wrong an Husbandman â—yâ—opad l. 5. Thus favourable was Cyrus in Xenophon as appears by the M ssage he sent to the King of Assyria wherein he tells him That he was very willing that Husbandmen should follow their Callings without any disturbance And it is a very honourable teâ—timony that Suidas gives of Belisarius and worthy of all mens imitation That he was so great a friend to Husbandmen and took such care for their indemnity that whilst he commanded the Army Goth. l. 3. no Souldier durst ever injure them The like Testimony doth Procopius give of him XII And Merchants and the like Next unto Husbandmen the Canon provides for Merchants and not only for such as are Factors and Sojourners in the Enemies Country for a while but for such as are perpetual Subjects because the course of these mens lives are altogether averse
whether by force or fraud justifiable page 437 438 Protectorship in the minority or disability of Kings to whom page 44 Protection takes not away Civil Liberty 49. it doth not always argue subjection 50. due to the oppressed but not to wilful Malefactors page 496 Provocation to sin wbence 379. causes of restâ—â—â—niâ—g ibid. Prudence â—onversant about things indifferent called the Tree of Knowledge of good and evil 79. a Vertue proper to Princes Justice to men as men page 418 419 430 Prudential Rules guiding us in the choice of things good page 430 Pupils not bound to pay Debts unless they gain by what they borrow page 147 Publick Good preferred before private page 56 Publick Remonstrances forbidding the importation of Goods before they can be made Prizes page 436 437 Publick profit preferred before honesty confuted Pref. x Publick safety consists in well commanding and well obeying page 57 Publick things distinguisht from things common page 89 Punishment of Kings what page 41 Punishment what 362. the Cure of wickedness ibid. proportionable to the Crime ibid. sometimes publick when the sin is secret ibid. how said to be due page 363 To Punish all sins equally unjust page 362 Punishment to what end ordained 363 365 all refer to the time to come 364. Not as sweet to the Punisher but profitable to the Punished ibid. God punisheth sometimes to shew his power and merely for revenge ibid. To Punish the incorrigible with death better than to suffer them to live page 366 To Punish any man hath a right naturally that is himself innocent page 367 By Punishment what benefits accrew page 368 Of Punishments exemplary ibid. All Punishment not remitted to the Penitent Objections answered first from Gods Mercy page 372 Punishments not all Capital 376. not necessary when the end may be attained without it ibid. may be remitted both before and after the penal Law be past page 376 377 Of Punishments some may be remitted some severely exacted some may be either page 376 From Punishment some Causes exempt Offenders page 377 Punishments should be proportioned to merit 378. do not always argue civil Jurisdiction 385. vary according to the capacity of the Offender to judge between good and evil page 380 381 Beasts properly not punishable page 401 Punishment by bare Counter-passion rejected page 381 In Punishing regard to be had to the quality of the person punished ibid. no acceptation of persons ibid. The Punishment of Cattle stolen out of the Field or out of the House ibid. Punishments ought to be milder than the Laws 382. exemplary upon such only as are incorrigible ibid. Of Punishments a man may partake by reception of Malefactors 395. and how otherwise page 393 Punishment of individuals is death of Cities Desolation 399. communicated between Bodies politick and its Members how far ibid. How a man may be involved in the Punishment that is not partaker of the Crime with some Cautions page 400 For what the major part decrees the minor dissenting are not Punishable page 399 None Punished properly for the sin of another page 401 Punishment for publick injuries may be exacted at any time during the Offenders life 400. may be remitted or mitigated for some preceeding Merits page 417 Punishment better remitted than exacted by War especially by injured Kings page 416 417 When Punishments are tacitely remitted page 570 In Punishments the measure whence collected page 379 In Punishments retrospection to be had to our former lives ibid. Punishment once due may at any time be exacted page 399 All Punishments if great have somewhat of Justice in them but somewhat also that is repugnant to Charity page 376 The Purpose and intention only sometimes punished page 383 Q. QUalifications natural transfer no right page 368 A Question put if in the whole it cannot be assented unto it must be discust in parts page 114 The Quarrel is begun by him that provokes it page 499 R. RAbirius perfidiously dealt with by Marius page 565 Ransome agreed binds though the Prisoner be of better quality than was supposed page 562 The Ransome of Prisoners vary page 523 Redemption of Captives much favoured amongst Christians 561. whether it may be lawfully forbidden page 562 Ransome whether chargeable upon the Heir ibid. A Rape committed in the Feild and in the City the difference page 75 Ravishment whether in War lawful 463. the most civilized Nations restrain it 464. against it no Law extant before Moses page 110 Reason adequate what it operates 408. the foundation of Law 6. natures best guide page 11 The Reason of the Law directs us to the meaning of it 192. none so readily obey as he that knows the reason of the Law ibid. The Reason of the Law not always the same with the meaning of the Law ibid. When the self same Reason justifies an extended signification of the words of a promise page 196 197 The Reception of Malefactors tolerated unless they are such as disturb the Peace page 398 399 550 551 The Reception of Exiles Fugitives and such as come to inhabit no breach of Peace page 550 551 Redemption of Captives much favoured ibid. The Redeemed how far bound to the Redeemer page 490 For the Redemption of Captives the consecrated Vessels sold page 561 Reformadoes what they may do by internal justice either in respect of themselves or their Prince 535. what Christian Charity requires of them ibid. Refuge Cities of what use page 397 Regal Power exercised by the Roman Dictators though not under the title of Kings page 41 Relief sent to a Town closely besieged to what it obligeth page 435 Religion mens chance not choice every Nation thinks his own best 389. in what sense it belongs unto the Law of Nations 387. it restrains both Prince and People 386. how necessary for humane society ibid. its foundation is to know God and his Providence 388 382. it depended among the Jews upon no other humane Authority than upon the King and Sanhedrim 59. in defence of our Religion and Liberty War lawful page 416 Religion freely left to the Conquered no prejudice to the Conquerour page 527 Religious places obnoxious to the licence of War 465. they ought to be spared page 515 To Remit punishments sometimes better than to exact them page 376 Renegadoes punishable when page 396 Rents not to be abated for a barren Year page 162 Renunciation of a Kingdom whether it prejudiceth the Children born or unborn page 124 125 131 Reparation for damages done primarily and secondarily 201. he that encourageth or commendeth a Malefactor is bound ibid. To Reparation how far an Homicide is bound 202. so for Mutilation loss of liberty Adultery Ravishment Robbery defrauding of the Kings custome ibid. The Principals and Accessaries how far bound to Repair damages page 201 To Reparation they are not bound that omit what in charity is due ibid. Reparation for damages done to Friends by Letters of Marque granted against Enemies whether due from the Grantors page 203