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A89912 Another parcell of problemes concerning religion: necessary to be determined at this time, and to that end printed apart. Together with the prudent advice of Herennius Pontius a man famous for wisdome among the Samnites, very applyable to the present deliberation in Parliament concerning delinquents. As also the bold and stout answers of an ambassadour of Privernum, in the senate of Rome, when the Privernates were in the same low condition, in which the Kings party now is. All for the present use of the Members of both Houses. / By P.D. Nethersole, Francis, Sir, 1587-1659.; Livy. 1648 (1648) Wing N494; Thomason E526_24; ESTC R203005 6,019 10

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Kingdome divided in th● Profession of Religion Whether a meerly civill cause of clear justice in which true Religion is much interessed though but by consequent may not justly be called Gods cause and ought not to be undertaken more heartily and maintained more vigorously by all good Christians in that respect especially when the interest of Religion is the only or maine motive to the opposition made by the adverse party which was the case of the great Henry the fourth of France who in that regard was commonly prayed for as fighting the Lords battels and is the case of the Prince Elector Palatine and of Prince Rupert his brother who in all appearance might ere this have recovered their ancient estates and dignityes to which by the lawes of the Empire their title is unquestionable by the same meanes that the said King did his Crowne if God by his grace had not made the said great Kings example too fearfull to them Whether the entituling of Good to any purely civill and clearly unjust cause in respect of the interest of his true Religion involved by consequent only in the successe thereof be not a sinne against the third Commandement and of a high nature and whether any damage which may happen to accrew to Gods true Religion by occasion of the issue of such a War will not be put to his account that was in the wrong in the point of the justice of the war though he were in the right in the point of the truth of his Religion and whether that will not be a heavy aggravation of his sinne Whether the parties and others interessed in a purely civill cause of dubious justice wherein Religion is no otherwise concerned then as abovesaid do well to engage themselves and to endeavour to engage others therein under the title or colour of Keligion or whether it be not a great sinne to do this wittingly and wilfully especially in them who being Ambassadours of a King that hath publiquely declared his Kingdome not to be of this world and that accordingly refused to make himselfe a Judge of Civill inheritances between brethren wil hardly be able to shew that they have any Commission from him to entangle themselves and much lesse to interest his name in such affaires of this world and it being well knowne that in the old Law it was death for a Prophet to presume to speake a word in his name that he had not commanded Deut. 18.20 Whether all they who by a mistake of the quarrell do any way engage themselves or others in a just War upon unjustyfiable grounds be not murtherers before God though not before men as a man may commit adultery with his own wife if in the dark he chance to take her for another mans And as a Juror may doe unjustly in giving a just verdict if he do it upon unjust grounds through a mistake of the evidence or through ignorance of the Law Whether all they who though they understand the right of the quarrel in a just Warre yet engage themselves or others therein upon unjustyfiable motives as for private revenge or gaine or with minds any otherwise disposed then purely to procure a yeelding to the justice thereof be not also guilty of all the bloodshed therein as a Iuror may be a murderer in consenting to the taking away of his neighbours life by a just verdict how clear soever the law or evidence be to him if he be enduced thereunto by his owne private spleen or by the bribery or sollicitation of some other revengefull third person or by any other by respect and not meerly by the merits of the cause Tit. Liv. Hist Lib. 9. WHen T. Veturius and Sp. Posthumius Consuls of Rome had engaged their Army too farre within the Gullet or Streight of Caudium into a place of so great disadvantage that it was impossible for them either to get out of the pound wherein they were entrapped by their enemies the Samnites or to fight them or to have any relief come to their succour though they should fortifie their campe with a trench and rampier it is easie for every man to imagine in what distresse they and their Officers and Souldiers were The Samnites on the other side in this so fortunate and happy opportunity presented unto them were as much to seek what to do and what course to chuse and follow Wherupon they all in generall were to dispatch letters to Herennius Pontius the father of their General and to know his opinion Now this man before time by reason of his great age had given over not only military affairs but also all civil businesses how be it in that old crasie and spent body of his he bare the fresh vigouros the mind a pregnant wit to give counsel When he understood that the Romans Army was shut up fast within the two forrests at the Caudine Gullets and that his advice was asked by his sonnes messenger he gave presently this counsell That with all speed they should be let go from thence every one without any harm at all done unto them Which opinion of his being rejected of his sonne and the Army his mind was demanded a second time by the same Courtier sent againe unto him of purpose And then he gave advice that they should be all killed and not one left alive Upon which answers so far disagreeing and thus delivered as it were out of a doubtfull Oracle albeit his sonne himselfe imagined of all others most that his fathers wit was in the wane and aged as well as his feeble wasted body yet by a general consent of all he was overcome to send for him in Person for to declare his meaning by word of mouth Neither thought the old man much thereof but was brought by report to the campe in a chariot and being called to counsel he was in the same tale stil so as he nothing changed of his former advise but alledged only causes and reasons thereof Namely that in his former resolution which he took to be simply the best his meaning was by a singular benefit and good turne to confirm peace and amity for ever with a most mighty and puissant people In the second his purpose was by the utter losse of two Armies whereby the State of Rome would not easily recover their strength again to differ●● the warres for many a yeare And as for a third counsell he had none at all When his Son and other chiefe Captains by questioning inquired of him what if a middle course between both were taken namely to dismisse them safe and acording to the law of Armes and Conquest to impose upon them hard lawes and conditions Marry quoth he this is the way indeed that neither winneth you friends nor yet riddeth you of your foes save them whom you have provoked with shame and disgrace and see what you get thereby The Romanes are of this nature that they cannot be stil and quiet so long as they have the worse it will never die in their hearts but will be always fresh whatsoever shame this present extremity shall brand them with and never will it give them any rest before they have been by manifold and sundry wayes revenged of you So his advise was not accepted neither the one nor the other and old Herennius was carried home againe from the Camp The Samnites would yield to no other terms of agreement but to have the whole Roman Army passe shamefully under the Gallows which they by the advice of L. Lentulus who told them that they ought to preserve their Country with suffering utter shame as well as by spending their lives were contented to endure and did But not long after Papirius surnamed Cursor defeated the Samnites and put them likewise to passe under the Gallows Idem Lib. 8. When the Privernates rebelling were utterly vanquished by the Romans whiles some of them in the Senate of Rome gave advise to proceed cruelly others to deale gently according to each man his nature and inclination there was an Ambassadour of Privernum that put all out of squares a man mindful of that state wherein he was born more then of his present need and extremity Who being demanded of one that had spoken to the point delivered some sharp censure heavy sentence against them What punishment he judged the Privernaces deserved Marry quoth he that which they deserve who deem themselves worthy of liberty and freedom At whose stout and arrogant answer when the Consull saw those to be more eagerly and bitterly bent who before impugned the cause of the Privernates to the end that he himselfe by some mild and gentle demand might draw from the party more modest language What quoth he if we should remit and pardon your punishment what kind of peace might we hope to have at your hands If quoth he ye offer us a good peace ye shal find it on our part loyal perpetuall but if ye tender hard conditions of peace ye shall have it last but a smal while But then one gave out that the Privernat began to threaten plainly and said moreover that such speeches were enough to stir up any peaceable and quiet people to warre that never thought to have fought But the better part of the Senate drew those his answers to a better sense and said that it was the speech of a man and of a man free borne For was it credible quoth they that any state nay any particular person would longer abide then needs he must that condition which he misliketh and goeth against his stomack There only is peace sure and like to hold where men are contented and willing to keep themselves in peace and never let men look or hope to find faithfull loyaltie where they wil impose thraldom and servitude And to this purpose the Consull himself especially moved and inclined their hearts reiterating these words to the Senators that were first to give their opinions that so loud as he might of many more be overheard that they above al other and none but they indeed were worthy to be made Roman Citizens who minded and esteemed nothing in the world but their freedome Whereupon both in the Senate they obtained the suit and also by their authority of LL a Bill was exhibited to the people that the Privernates might be infranchised Romans FINIS