of spirits who onely sees and searches the secrets of it and can both convince and punish it Besides well did penitent David know what he said when he cryed out Against thee onely have I sinned Psal. 51. he knew that sinne is a transgression of the law and that none but Gods law can make a sin men may be concerned and injured in our actions but it is God who hath forbidden these wrongs to men that is sinned against in our acts of injustice and uncharitablenesse and who only can inflict the spirituall which is the highest revenge upon offenders The charge of the great Doctor of the Gentiles to his Galatians was Galat. 5. 1. Stand fast in the liberty wherewith Christ hath made us free and be not intangled againe in the yoak of bondage What yoak of bondage was this but the law of Ceremonies What liberty was this but a freedome from the bondage of that law And certainly if those ordinances which had God for their author have so little power to bind the conscience as that the yoake of their bondage must be shaken off as inconsistent with Christian liberty how much less is it to be indured that we should be the servants of men in being tyed up to sin by their presumptuous impositions The lawes of men therefore doe not ought not cannot bind your conscience as of themselves but if they be just they binde you in conscience to obedience They are the words of the Apostle to his Romans Rom. 13. 5. Wherefore ye must needes be subject not onely for wrath but also for conscience sake However then their particular constitution in themselves put no speciall obligation upon us under paine of sinne and damnation yet in a generall relation to that God who hath commanded us to obey authority their neglect or contempt involves us in a guilt of sin All power is of God that which the supreme authority therefore enjoyns you God enjoyns you by it the charge is mediately his though passing through the hands of men How little is this regarded in these loose times by those lawlesse persons whose practises acknowledge no soveraignty but titular no obedience but arbitrary to whom the strongest laws are as weapons to the Leviathan who esteemes Iron as straw and Brass as rotten wood Job 41. 27. Surely had they not first cast off their obedience to him that is higher than the highest they could not without trembling heare that weighty charge of the great God of Heaven Rom. 13. 1. Let every soule be subject to the higher powers For there is no power but of God and the powers that be are ordained of God 1 Pet. 2. 13. Submit your selves to every Ordinance of man for the Lords sake and therefore should be convinced in themselves of that awe and duty which they ow to Soveraignty and know and resolve to obey God in men and men for God You see then how requisite it is that you walk in a middle way betwixt that excessive power which flattering Casuists have beene wont to give to Popes Emperours Kings and Princes in their severall jurisdictions and a lawlesse neglect of lawfull authority For the orthodox wise and just moderation whereof these last ages are much indebted to the learned and judicious Chancellour of Paris John Gerson who first so checked that over-flowing errour of the power of humane usurpation which carried the world before it as gave a just hint to succeding times to draw that streame into the right channell in so much as Dominicus à Soto complaines greatly of him as in this little differing from the Lutheran heresie But in the way which they call heresie we worship the God of our Fathers rendring unto Cesar the things that are Cesars and unto God those things that are Gods yeilding our bodyes to Cesar Act. 24. 14. reserving our souls for God tendring to just Lawes our active obedience to unjust passive But in the meane time farre be it from us to draw this knot of our obligation harder closer then authority it self intends it What ever Popes may doe for their Decrees certainly good Princes never meant to lay such weight upon all their lawes as to make every breach of them even in relation to the authority given them by God to be sinfull Their lawes are commonly shut up with a sanction of the penalty imposed upon the violation There is an obedientia bursalis as I remember Gerson calls it an obedience if not of the person yet of the purse which Princes are content to take up withall we have a world of sinnes God knowes upon us in our hourly transgressions of the royall lawes of our maker but woe were us if wee should have so many sins more as we break statutes In penall lawes where scandall or contempt finde no place humane authority is wont to rest satisfied with the mulct paid when the duty is not performed Not that we may wilfully incur the breach of a good law because our hands are upon our purse-strings ready to stake the forfeiture This were utterly to frustrate the end of good lawes which doe therfore impose a mulct that they may not bee broken and were highly injurious to soveraign authority as if it sought for our money not our obedience and cared more for gain then good order then which there cannot be a more base imputation cast upon government As then we are wont to say in relation of our actions to the lawes of God that som things are forbidden because they are sinfull and some things are sinfull because they are forbidden so it holds also in the lawes of men som things are forbidden because they are justly offensive and som other things are only therfore offensive because they are forbidden in the former of these we must yield our careful obedience out of respect even to the duty it self in the latter out of respect to the will of the law-giver yet so as that if our own important occasions shall enforce us to transgress a penall law without any affront of authority or scandall to others our submission to the penalty frees us from a sinfull disodedience CASE VII Whether Tithes bee a lawfull maintenance for Ministers under the Gospel and whether men bee bound to pay them accordingly AS the question of Mine and Thine hath ever embroyled the world so this particular concerning tithes hath raised no little dust in the Church of God whiles some plead them in the precise quota parta due necessarie to be paid both by the law of God and nature it self others decry them as a judaicall law partly ceremoniall partly judiciall and therfore either now unlawfull or at least neither obligatory nor convenient What is fit to be determined in a businesse so over agitated I shall shut up in these ten propositions 1. The maintenance of the legall ministery allowed and appointed by God was exceeding large and liberall Besides all the tithes of corn wine oyle herbs herds
worshippers of Baal onely surely had any of Gods Clients secretly shrouded himselfe amongst those Idolaters his blood had beene upon his owne head Briefly then iâ— you have a minde to keepe your selfe in a safe condition for your soule let me lay upon you the charge which Moses enforced upon the congregation of Israel in the case of Corah's insurrection Depart I pray you from the tents of these wicked men and touch nothing of theirs lest ye be consumed in all their sins Numb 16. 26. The latter I must answer affirmatively If the Ordinances be holy why should you not take your part of them It is an unjust nicenesse to abridge your selfe of a blessing for another mans unworthinesse Doubtless there ought to be a separation of the precious from the vile the neglect whereof is the great sinne of those whom in duty it concernes to perform it but where this is not accordingly done shall I suffer for anothers offence my owne sinnes may justly keepe me off from Gods Table if another mans may doe so too I appropriate the guilt of his sin to my own wrong surely it argues but small appetite to these heavenly viandes if you can be put off with a pretence of others faults Judge of the spirituall repast by this earthly were you throughly hungry would you refraine from your meat because one of the guests hath a paire of foule hands that may be a just eye-sore to you but no reason why you should forbeare wholesome dishes Carve you for your selfe and looke to your owne trencher he feedes for himselfe not for you sinne is the uncleannesse of the soule that cleaves closer to it than any outward nastinesse can to the skin to feed thus foule then is doubtlesse unwholesome to himselfe it can be no hurt to you But you are ready to straine the comparison higher to your owne advantage say that one of the guests hath a plague-fore running upon him shall I then thinke it safe to sit at the Table with him now sin is of a pestilent nature spreading its infection to others besides its owne subject therefore it is meet we keepe aloofe from the danger of his contagion True there are sinnes of a contagious nature apt to diffuse their venome to others as there are other some whose evill is intrinsecall to the owner but these infect by way of evill counsails or examples or familiar conversation not by way of a meere extemporary presence of the person by spreading of their corruption to those that are taken with them not by scattering abroad any guilt to those that abhorr them Well did our Saviour know how deadly an infection had seised on the soule of Judas yet he drives him not from his board lest his sinne should taint the Disciples The spirit that writes to the seven Asian Churches Rev. 2. 20 21 22. saw and professed to see the horrible infection spread amongst the Thyatirians by the doctrine and wicked practises of their Jesebell yet all that he enjoyns the godly party is to hold their own Have no fellowship saith the Apostle with the unfruitfull works of darknesse Eph. 5. 11. Loe he would not have us partake in evill he doth not forbid us to partake with an evil man in good works However therefore we are to wish and endeavour in our places that all the Congregation may be holy and it is a comfortable thing to joyn with those that are truly conscionable and carefully observant of their wayes in the immediate services of our God yet where there is neglect in the overseers and boldnesse in the intruders and thereupon Gods sacred Table is pestred with some unworthy Guests it is not for you upon this ground to deprive your selfe of the benefit of Gods blessed Ordinances notwithstanding all this unpleasing encombrance you are welcome and may be happy CASE IV. Whether vowes bee not out of season now under the Gospel of what things they may be made how farre they oblige us and whether and how far they may be capable of release IT is a wrongfull imputation that is cast upon us by the Roman Doctours that we abandone all vowes under the Gospell They well see that we allow and professe that common vow as Lessius termes it in Baptisme which yet both Bellarmine and he with other of their consorts deny to be properly such It is true that as infants make it by their proxies there may seeme some impropriety of the engagement as to their persons but if the party Christened be of mature age the expresse vow is made absolutely by and for himselfe Besides this we allow of the renovation of all those holy vowes relating to the first which may binde us to a more strict obedience to our God yet more though we doe not now allow the vowes of things in their nature indiffernt to be parts of Gods worship as they were formerly under the law yet we doe willingly approve of them as good helps and furtherances to us for the avoiding of such sinnes as we are obnoxious unto and for the better forwarding of our holy obedience Thus the charge is of eternall use Psal. 76. 11. Vow unto God and performe it Not that we are bound to vow that act is free and voluntary but that when we have vowed we are straitly bound to performance It is with us for our vowes as it was with Ananias and Saphira for their substance Whiles it remained saith S. Peter was it not thine own Acts 5. 4. Hee needed not to sell it he needed not to give it but if he will give he may not reserve If he profess to give all it is death to save some he lies to the holy Ghost that defalks from that which he engaged himselfe to bestow It mainly concernes us therefore to looke carefully in the first place to what we vow and to our intentions in vowing and to see that our vow be not rash and unadvised of things either triviall or unlawfull or impossible or out of our power to performe for every Vow is a Promise made to God and to promise unto that great and holy God that which either we cannot or ought not to doe what is it other than to mock and abuse that Sacred Majesty which will not hold him guiltlesse that taketh his name in vaine It is the charge to this purpose of wise Solomon Be not rash with thy mouth and let not thine heart be hasty to utter any thing before God for God is in heaven and thou upon earth therefore let thy words be few Eccles. 5. 2. Your vow therefore must be either of things morally good for the quickening you in that duty which you are bound to doe or of things indifferent in themselves the refraining or doing whereof may tend either to the restraint from sinne or the furtherance of your holy obedience As a man that findes his brains weak and his inclination too strong to pleasing liquor bindes himselfe by a vow to drinke no
is presumptuous and unwarrantable cryed ever downe by Councells and Fathers as unlawfull as that which lies in the mid-way betwixt magick and imposture and partakes not a little of both The anointing of the weapon for the healing of the wound though many miles distant wherein how confident soever some intelligent men have beene doubtlesse there can be nothing of nature sith in all naturall agences there must necessarily be a contraction either reall or virtuall here in such an intervall none can bee neither can the efficacy bee ascribed to the salve since some others have undertaken and done the cure by a more homely and familiar ointment It is the ill-bestowed faith of the agent that draws on the successe from the hand of an invisible Physitian Calming of tempests and driving away devills by ringing of bells hallowed for that purpose Remedy of witcheries by heating of Irons or applying of Crosses I could cloy you with instances of this kinde wherewith Satan beguiles the simple upon these two mis-grounded principles 1. That in all experience they have found such effects following upon the use and practise of such meanes which indeed cannot be denyed Charms and Spels commonly are no lesse unfailing in their working than the best naturall remedies doubtlesse the Devill is a most skilfull Artist and can do feats beyond all mortall powers but God blesse us from imploying him 2 King 1. 3. Is it not because there is not a God in Israel that we goe to enquire of Baal-zebub the God of Ekron 2. That there may be hidden causes in nature for the producing of such effects which they know not neither can give any reason of their operations whereof yet we doe commonly make use without any scruple and why may not these be ranged under the same head which they have used with no other but good meaning without the least intention of reference to any malignant powers In answer whereto I must tell them that their best plea is ignorance which may abate the sinne but not excuse it There are indeed deep secrets in nature whose bottome we cannot dive into as those wonders of the load-stone a piece outwardly contemptible yet of such force as approacheth neare to a miracle and many other strange sympathies and antipathies in severall creatures in which ranke may be set the bleeding of the dead at the presence of the murtherer and some acts done for the discovery of witchcraft both in this and our neighbor kingdome But withall though there be secrets in nature which we know not how she works yet we know there are works which are well knowne that she cannot doe how far her power can extend is not hard to determine and those effects which are beyond this as in the forementioned particulars we know whither to ascribe Let it be therefore the care and wisdome of Christians to looke upon what grounds they goe whiles they have God and nature for their warrant they may walke safely but where these leave them the way leades downe to the Chambers of death CASE III. Whether reserving my conscience to my self I may be present at an Idolatrous devotion or whether in the lawfull service of God I may communicate with wicked persons THe question is double both of them of great importance The former I must answer negatively your presence is unlawfull upon a double ground of sinne and of scandall of sin if you partake in the Idolatry of scandall if you doe but seeme to partake The scandall is three-fold you confirm the offenders in their sin you draw others by your example into sin you grieve the spirits of those wiser Christians that are the sad witnesses of your offence The great Apostle of the Gentiles 1 Cor. 8. 4 5 6 7 8 9 10. hath fully determined the question in a more favourable case the heathen sacrifices were wont to be accompanied in imitation of the Jewish prescribed by God himselfe with feastes the owners of the feast civilly invite the Neighbours though Christians to the banquets The Tables are spread in their Temples The Christian guests out of a neighbourly society goe sit eate with them S. Paul cries downe the practice as utterly unlawfull yet this was but in matter of meat which sure was Gods though sacrificed to an Idoll how much more must it hold in rites and devices meerely either humane or devilish I need not tell you of the Christian Souldiers in the Primitive Persecution who when they found themselves by an ignorant mistaking drawne under a pretence of loyalty into so much ceremony as might carry some semblance of an Idolatrous thurification ranne about the City in an holy remorse and proclaimes themselves to be Christians Nor how little it excused Marcellinus Bishop of Rome from an heavy censure that he could say he did but for company cast a few graines of incense into the fire The charge of the Apostle 1 Thes. 5. 22. is full and peremptory that we should abstaine from every appearance of evill It is a poore plea that you mention of the example of Naaman Alas an ignorant Pagan whose body if it were washed from his leprosie yet his soule must needes be still foule 2 Kings 5. 17 18 19. yet even this man will thenceforth offer neither burnt-offering nor sacrifice unto any other God but unto the Lord nor upon any ground but the Lords peculiar and will therefore lade two Mules with Israelitish earth and is now a professed convert Yea but he will still bow in the Temple of Rimmon But how will he bow Civilly onely not religiously In the house of Rimmon not to the Idoll Not in relation to the false deity but to the King his Master you shall not take him going alone under that Idolatrous roofe but according to his office in attendance of his Soveraigne nor bowing there but to support the arme that lean'd upon him And if upon his returne home from his journey he made that solemne protestation to his Syrians which he before made to the Prophet Take notice O all ye Courtiers and men of Damascus that Naaman is now become a Proselyte of Israell that hee will serve and adore none but the true God and if you see him at any time kneeling in the Temple of your Idoll Rimmon know that it is not done in any devotion to that false God but in the performance of his duty and service to his royall Master I see not but the Prophet might well bid him Goe in Peace How ever that ordinary and formall velediction to a Syrian can be no warrant for a Christians willing dissimulation It is fit for every honest man to seeme as he is what do you howling amongst Wolves if you be not one Or what do you amongst the Cranes if you be a Stork It was the charge of Jehu when he pretended that great sacrifice to Baal Search and looke that there be here with you none of the servants of the Lord 2 King 10. 23. but the
were Iscah Nahor his neece Milcha Amram his Aunt Jochebed and these not without a large bles-upon the bed Let him tell me also that Jacob married two Sisters and conversed conjugally with both which were now shamefully incestuous yet was herein blessed with the issue of six of those Patriarchs who were the root of those glorious stemmes of Israel If we should speak most favourably of these conjunctions to ranke them under malum quia prohibitum it must needs follow that till the prohibition came they could not bee censured as evill Though good Authors make it justly questionable whether these fore-alledged marriages should deservedly bee charged with a sin or excused by Gods extraordinary dispensation in the meane time the blessing was to the person not to the act even Lots incestuous copulatio with his daughters sped well two famous nations sprang thence of one of them the gracious progenitrice of the Saviour of the world Yet this is no plea for the allowance of that monstrous conjunction After â—he law one justifiable example were worth a thousand before it Lo good Caleb saith he married his daughter Achsah to his brother Othoniel Joshua 15. 16 17. Indeede this case comes as home to the businesse as it is farre off from the text See whether mes-prision of Scripture may mislead us a man that understands nothing but the english or vulgar latin may easily run into so foul an error weigh but the place well you will soon find the fault without me Othniel the son of Kenaz Calebs brother tooke Kerath-Sepher and Caleb gave him Achsah his daughter to wife The English wanting cases expresses it doubtfuly it will be cleare in the Latin as Montanus and Pagnine two great Masters of the Hebrew in their Interlinear read it Othniel filius Kenaz fratris Calebi Othniel the sonne of Kenaz which Kenaz was Caleb's brother both the Hebrew Chaldee cleare that sense So the Septuagint as Emanuel-Sa also urges upon that place Judg 1. 13. expresly say that Kenaz was the brother of Caleb and not Othoniel wherein yet I cannot much blame an unballanced judgement whiles I find the Septuagint contrary to themselves For in Josh. 15. 16 they say Othniel was Calebs younger brother In Judg. 3. 9. they say Kenaz the father of Othniel was so for which there is no excuse but the large sense of a brother in the Hebrew We are brethren saith Abraham to Lot yet he was Lots uncle so was Kenaz a progenitor to Othniel for Caleb is stiled the son of Jephunneh the Kenezite Josh. 14. 14. Num. 32 12. The case was only this Kenaz was the ancestor of Caleb and one of the same name was his brother the father of Othniel what can be more plain then 1 Chron. 4. 13. And the sons of Kenaz Othniel Seraiah So as if wee take this most strictly to the letter it implies nothing but the marriage of two cozens german Othniel the son of Kenaz and Achsah the daughter of Caleb brothers children as Bucer upon the place Melanchton in his Tract De Conjugio Junius and indeede who otherwise And now by this time you see what a poore ground this is to build upon rather you see a castle not built on the sand but in the ayre meer misconceit But saith the Advocate this marriage is no where directly forbidden in the Law I must tell him it is but a meer shuffle to stand upon the terms of a direct prohibition when there is one no lesse forceable convictive Two wayes may ought be effectually forbidden in the law Either in plain expression of terms or in clear implication of sense surely that is rather more in the law which it means irrefragably than what it verbally expresseth now however this be not in the letter of the law yet in the sense it is the same law that forbids the nephew to marry the aunt doth eadem operâ forbid the uncle to marry the neece In regard as of neerness yea identity of blood the case is the same however som inequality may be conceived in respect of government subjection And if upon som oeconomicall termes it be more unfit for a Nephew to marry his Aunt than for an Uncle to marry his Neece yet in regard of blood and that bodily conjunction which God principally aymes at in this prohibition what difference can possibly bee conceived Nature hath made no other distance betwixt the Nephew and the Aunt than bewixt the Neece the Uncle or if there be any they must be sharper eys than mine that can discerne it God himself me thinks hath put this out of doubt the reason wherewith hee backs his command is iresistible The Nephew shall not marry the fathers sister why so For she is thy fathers neer kinswoman v. 12. Lo it is the neerness of blood that makes this match unlawfull not respect of civil inequality Where the blood then is equally neere the marriage must be equally unlawfull That rule of law which is pretended in prohibitoriis quicquid non prohibetur permittitur What is not forbidden is permitted had neede of a fair construction Indeed that which is not forbidden either in words or in necessary analogy implication of sense is supposed to be left at large But what place hath this Axiome in a case not less really forbidden than the expressed And if wee should strictly follow the letter of this Maxime it would lead us into Sodome since there are marriages not specified which would be monstrously incestuous such as honesty would blush to mention as shall appeare in the sequele Neither is there any more force in that other In poenalibus non fit extensio That penall lawes should not bee stretcht further then their words import Certainly in som sense I know no law that is not penall but why this law Thou shalt not marry thy Aunt or Neece should be rather penal than Thou shalt not commit adultry I know not I am sure learned Zanchius accounts these of the 18. of Leviticus equally morall and Bucanus holds them to be against the law of nature And if in humane laws this axiom may challenge a place yet in the roy all laws of our Maker where under one sin mentioned all the species appendances and the whols claim of that wickednesse is wont to be comprised doubtless it is utterly unsufferable Neither is here any extension of this prohibition beyond those limits which God hath fixed in the undoubted sense of his law In the seventh Commandement nothing is expressed but adultry shall we therefore say neither fornication nor pollution nor sodomie is there forbidden were not this to destroy that lawe which God makes to be spirituall and to open the flood gates to a torrent of licentiousnesse surely it is easy to observe that Gods Spirit no lesse meanes that which he pleaseth to suppresse The Psalmist sayes Promotion comes neither from the East nor from the West nor from the South Psal. 75.
beleeve histories have by the instinct of nature abominated upon after knowledg revenged And if any light of knowledge had broken forth unto the parties of that condition wherein they stood then to have continued under that state of Incest but an houre had been damnably sinful now all those inevitable consequences of shame horror must have been sleighted forgotten and must have shut up in a sodain dissolution But as there are many degrees of Incest and the sin is so much more or lesse haynous as the parties are neerer or more remote I perceive the case intimated by you concerns a lower ranke of incestuous copulation namely an incest arising from a mans carnall knowledge of a person too neere in blood unto her whom he afterwards marrieth The fact known only by one who now doubts whether he be not bound to reveale it And why not sooner when so faulty a match might have been prevented why so late when the remedy intended would bee as noxious as the disease Why at all when there is no necessity or use of the revelation This question starts another more universall how farre we may or ought to mak known the secret sin of another Doubtlesse to prevent som enormous act which may follow upon our silence or upon the urging of lawfull authority when we are called to give evidence concerning a fact questioned Or to antevert some great danger to the publique to our selves to our friend we may must disclose our knowledg of a closs wickedness Or if the act be so haynously flagitious and redounding to so high dishonour of God as that our Conscience tells us shall participate of this sinne in concealing it our holy zeal shall herein bear us out in a just accusation although in this case heede must be taken that our single crimination may be so carried and made good by circumstances that it draw us not into the perill of a slander But without these I cannot see that the revealing of a secret sinne can be construed any otherwise than an act of Detraction than which nothing can be more odious and prejudiciall to humane society Wee have learn'd from Aquinas that there are eight wayes of this hatefull practise whereof foure are direct the raysing of a false crime the amplifying of a true crime the disclosing of a crime secret and the sinister construction of anothers fact To these I must adde that even where the act is such as challengeth a revelation the time may bee unseasonable and past the date You know that the notice of treason if too long smothered drawes the concealer into danger and in this case though there be no perill in the silence yet there may be injury Shortly this sinne if ever should have been so early made known to the party concerned as might have prevented the making up of a match secretly sinfull and have convinced the agent of a foule illegality whereof he was ignorant But now thus overlate would break out to an unprofitable vexation since this crime which might justly have hindred the marriage from being contracted ought not to have the force after so long intermission and successe of an intervenient wedlock to dissolve it The time was when the Minister in a solemne preconization called you either then to speake or for ever after to hold your peace had you then spoken it might have been construed as zeale now not to hold your peace will bee interpreted no better then malice AN ADVERTISEMENT TO THE READER I Have beene earnestly moved by some judicious friends to goe on with this subject and to mak up a compleat body of case-Divinity both practicall speculative and mixt whereof I confesse there is great defect in our language But I remember the talke which Plutarch reports to have been betwixt Crassus and King Deiotarus two old men but great undertakers Crassus jeeres Deiotarus for laying the foundation of a new City in his decayed age Deiotarus twits Crassus for going about in the like age to subdue the warlike Parthians both justly supposing our decrepit age a just disswasive from venturing upon great enterprises Although herein I should not want a worthy precedent that honour of Navarre Martinus Azpilcueta who at ninty years finished the fourth Edition of that his elaborate Manuall of Cases of Conscience But as for me I am sufficiently conscious of my owne inabilities for so long and difficult a worke Onely this I shall willingly profess that such scruples as I meete with in my way I shall not allow my selfe to balke and shall leave the answers upon the file In the meane time let me incite some of our many eminent Divines whose wits are fresh and bodies vigorous to go through with so usefull a worke Many yeares are passed since my ancient and learned Colleague Dr. Ralph Cudworth told me that hee had with much labour finished that taske and devoted it to the presse which yet sleeps in some private hands It were happy if his worthy Sonne the just heyre of his Fathers great abilities would make strict inquiry after it and procure it to the publique light for the common benefit of Gods Church both in the present and succeeding ages The End * Dan. 10. 13. 20 21. 12. 1. * Exod. 22. 25. Levit. 25. 36 37. Deut. 23. 19 20. Nehem. 5. 7. Psal. 15. 5. Prov. 28. 8. Ezek. 18. 8. a Vid. Alexand. ab Alexand. Gen. dierum l. 1. c. 7. * Concil Viennens * Dom. Sot de Justif. Jure l. 6. quaest 2. Artic. 3. tradit hoc ut Axioma Jurisconsultorum * Tul. de Offic. l. 3. * So the Vulgar renders Zapnath paaneah Salvator mundi Gen. 41 45. * Lessius l. 2. c. 17. dub 5. * Cicer. de Offic. l. 3. Sect 58. * Aug. epist. 54 ad Macedon * Arist. Eth. l. 2. c. 2. * Lessius de Jure c. l. 2. C. 42. dub 6. * Attilius Regulus * Dom. Sot de Jure Justit l. 5. q. 3. pag. 436. * Les. de jur c. l. 2. c. 9. dubit 8. Ex Antonio Sylvestr c. * Ibid. paragr ult * Less ibid. * Dalton p. 244. * Orat. pro. Mil. †Bann q. 64. a. 7. dub 9. Nav. l. 2. c. 3. Less l. 2. de Jure c. c. 9. dub 8. * Rodrig Sum. cas Tom. 1. cap. 73. * Conc. Tr. Sess. 25. Rodriguez Tom. 1. c. 73. de duello * Tertul. in Apol. c. 9. †Less l. 2. c. 9. du 10. * Ne se pollueret mavit ipse mori Ex Politiano Gerard. Voss. de orig progres Idol l. 3. c. 18. * Exod. 21. 22. The Septuagint seem to have taken 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 death for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a diminutive of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a man as Cornel à Lapid probably guesses †Castal Si pernicies non fuerit Ours if no mischief follow * Cornel. à Lap. in Exod. 21. * Vel. ut alii Quorum animae