Josephus testifies against Appion Contr. App. lib. 1. And in another place discoursing of the Reasons why most Cities were so ill governed he adds these Because their Law-givers did not at first rightly apprehend the true Nature of God nor did they study to explain that knowledge so far as they were able nor to frame their Government accordingly but past it over slightly as a thing of small moment Jamblicus also hath an excellent sentence out of Pythagoras That the knowledge of God is both Virtue Wisdom and perfect happiness Aristotle therefore placed Religion as the first and chiefest of all publick cares and as Justine Martyr calls it a work worthy of the care of all Kings and Machiavel himself assigns the prosperity of the Romans to their singular care of Religion De Creat Magistrat Philo seems to summ up the whole Duty of a King in these three particulars The Care of his own Estate the Care of the Publick and the Care of Religion All which are to be considered not only as in some one particular City or Kingdom in which respect it is true what Cyrus in Xenophon testifies of his Subjects that they were Tanto sibi addictiores quanto Dei erant metuentiores The more Religious they were the more loyal and obedient they were to their lawfull Magistrates but they are to be considered in respect of the preservation of the common safety of all mankind Lib. 1. de Nat. deor For as Cicero notes Take away Religion and all faithfull dealings between Man and Man Nation and Nation and consequently all Humane Society and one of the four Cardinal Virtues Justice will be quite lost whereby it clearly appears that Epicurus When he denied the Divine Providence Justitiae quoque nihil reliquit praeter inane nomen Left nothing to Justice but an empty name which saith he as it ariseth only from contracts and agreements so it is no longer in force than it yields profit to both parties Herein saith Seneca we cannot agree with Epicurus who holds that nothing is naturally Just and that offences are to be avoided because they being committed we cannot avoid fear As if nothing could restrain us from injuring others but the fear of punishment only Again it is very true what Aristotle observe That as Religion keeps Subjects in due obedience to Kings so it restrains the Tyranny of Princes and begets a great deal of Trust and Confidence between them and their people The Prince may be assured of his Subjects Loyalty and the people will less fear to suffer unjustly by their Prince whom they believe to be Religious Lib. 9. de placitis Hip. Plat. Galen observing many questions handled by Hippocrates and Plato concerning the World and the Divine Nature which as to the meliorating of mens manners he conceived to be very impertinent yet confesseth that of the Divine Providence to be of great efficacy and importance to the advancement of Virtues both private and publick which blind Homer could very well see as we may collect from the sixth and ninth of his Odysses where to men that were unjust and cruel he opposeth such whose minds were seasoned with Religion Justine out of Trogus highly commends the Justice of the Ancient Jews as being throughly tempered with Religion and Philo in the Life of Abraham makes our love of God and our love of men to be congeneal and as it were twins of the same birth For as Lactantius rightly inferrs If to know God be true piety Lib. 5. and the principal end of this knowledge be to worship him then he that hath no knowledge of God is likewise ignorant of true Justice For how can he be said to know Justice who is ignorant from whence she comes Now Religion is of more use and greater necessity in the common Society of Nations than in the Civil Society of Men Because in this Civil Society the defect of Religion may in part be supplied by severe Laws and the easie execution of them but the Laws of Nations as they are but few so are they very difficultly executed namely by War wherefore these Laws have alwayes been held sacred because God himself is the sole and immediate Judge of them and he that violates these Laws is said to sin against God himself The injuries then that are done against Religion are by all Emperours reputed as common injuries done as it were against all mankind XLV What are the common Notions concerning God exprest in the four first Commandments But that we may pierce a little deeper into this matter we must observe That the true Religion that hath been universally profest in all Ages and in almost all places stands erected on these four Columns First the acknowledgâ—ment that there is a God and that he is but One. Secondly That nothing of all these things we see is God but that he is something that is yet more sublime and excellent Thiâ—dly That God takes care of Humane Affairs and that he doth judge the world righteously And fourthly That he is the Creator of all Things without himself Which four Propositions are explained in the four first Precepts of the Decalogue The first whereof shews the Unity of the Deity plainly The Lord our God is one God The second declares his Invisibility which is the reason that as we cannot liken him to any thing so we cannot make any likeness or representation of him Deut. 4.10 Thus much doth Antisthenes testifie of him No eye ever saw him no likeness we have of him wherefore it is impossible by any Image or resemblance to know him And so doth King Agrippa in Plato To frame the likeness of that either by graving or painting which cannot be seen is profane and ungodly The like we read in Dion neither had the Jews any Image in Jerusalem because they thought that God could neither be seen nor be by any words described Diodorus speaking of Moses saith That he ordained no Image because he did not believe God to be of humane shape And Tacitus commends the Jews for adoring one only God and him in their minds only and condemns them as profane Dion lib. 36. that worship the immortal and invisible God in Images made of Wood and Stone in humane form Plutarch also gives this as the reason why Numa purged the Temple from Images Because it was impossible any other ways to comprehend the Deity than by the mind only By the third Commandment we are instructed to acknowledge Gods Omniscience which extends to our most retired thoughts and the care he hath of Humane Affairs for upon this foundation are Oaths built wherein he is invoked as a witness only if we speak truth but if we deceive then as a Judge and avenger whereby also both his Justice and his Omnipotency are at once acknowledged Lastly That God Created the whole frame of Nature and gave Being to all things is confest by the fourth Commandment in perpetual memory whereof
Souldiers to satiate their anger with the bloud of the Conquered VII Even Enemies deserving death may be sometimes pardoned Yea though in strictness of justice they have deserved death yet oft-times it is more agreeable to the Goodness Modesty and Magnanimity of a Conquerour to forgive than to revenge Of this mind was King Theuderick in Cassiodore Those Wars have always succeeded well to me saith he which have ended moderately for he can never want the victory that knows how to use it with temperance and clemency Salust ascribes the prosperity of the Romans and the greatness of their Empire â—ib 2. c. 41. to nothing more than to their promptness to forgive And it was the advice of Tacitus Quanta pervicacia in hostem Annal. l. 12. tanta benificentia adversus supplices To shew as much love and kindness to poor suppliants as courage and resolution towards Enemies Yea and Seneca tells us That the most generous of Beasts did disdain to tear and prey upon things vile and abject Elephants and Lyons scorn things that are prostrate and pass by what they have overcome Lib. 4. The Author to Herennius hath an excellent saying to this purpose Our Ancestors saith he did very wisely observe this custome never to put any King to death whom they had taken in War but why because saith he it would seem unreasonable to use that power which fortune hath now given us to destroy them whom the same fortune not long before had so eminently favoured And why should I now punish them because they have led their Armies against me This having now got the victory I am willing to forget Quia viri fortis est qui de victoria contendant eos fortes putare qui victi sunt eos homines judicare ut possit Bellum fortitudo minuere Pacem humanitatis augere Because it is the part of a valiant Commander to esteem men as Enemies whilst they are able to contend for victory but being overcome then to pity them as men that so valour may end the War and humanity confirm the Peace But you will haply say what if he had overcome you would he have done so wherefore then should you spare him I answer Quia talem stultitiam contemnere non imitari consuevi Because it is my custome to contemn and not to imitate such folly Now if this Author did mean this of the Romans which is very uncertain because he intermixes many strange and indeed Romantick stories with some true ones it manifestly contradicts that which we read in the Panegyrick of Constantine the Son of Constantius He acts the part of a prudent man who having conquered Rebels can bind them to himself by a free pardon but he of a valiant man who having vext them can trample upon them Thou hast revived O Emperour that ancient confidence of the Roman Empire who triumphed in the death of those great Commanders whom they had taken in the War for in those days their Captive Kings after they had graced their triumphs by attending the Conquerours Chariot from the Ports to the most publick place of the City as soon as he turned his Chariot towards the Capitol were hurried away to Execution Only Perseus upon the intercession of Paulus Aemilius to whom he had yielded himself escaped the severity of this custome but the rest having their eyes put out remained for ever after in Chains teaching thereby other Kings rather to preserve their faith and friendship with the people of Rome than to exasperate their justice But these things are written somewhat too loosely Josephus in his History concerning the death of Simon Bar-jorae testifies the same severity of the Romans but he speaks it of such Captains and Commanders only as was Pontius Samnis but not of such as carried the titles of Kings whose words sound thus The conclusion of the triumph was after that the triumphant Chariot was come to the Capitol for there by the Ancient custome the Conquerour was to stay till tidings were brought of the death of that great Commander whom he led in triumph who having an halter cast about him was presently drawn into the Market-place his Keepers whipping him forward for in that place by the custome of the Romans such as were condemned for Capital crimes were put to death and there executed So soon then as it was declared unto the Emperour that his Enemy was dead they immediately proceeded to perform all other the Rites that were in those cases provided very joyfully Orat. in Ver. The very same ceremonies doth Cicero also recite in his Oration concerning Punishments Concerning great Commanders thus Executed Histories afford us examples enough and some few of Kings also as of Aristonicus Jugurth Artabasdus I should be loth to revive this obsolete custome Jos Ant. l. 5. c. 1. Dion yet we read that Joshua put to death those Kings that he took Captives And Dion relates of Sossius That he whipt Antigonus with rods after be had fastned him to his Cross But withal the same Historian wisely adds Which no King ever suffered by any of the Roman Conquerours The same History we may also read in Josephus Ant. l. 15. Eutropius likewise records it of Maximianus Herculius that having slain the Francks and Almains and taken their Kings Captives He exposed them to be devoured by wild Beasts So doth Ammianus concerning a King of the Almains who being taken Captive was crucified Yet even among the Romans there were divers Kings besides Perseus that escaped the severity of that custome as Syphax Gentius Juba and in the time of the Caesars Caractius and others Whence it may appear that the Romans though as Cicero and others blame them for being too severe in this case had always some respect both to the causes of the War and also to the manner of its prosecution when they thus punish'd them And therefore it was no ill advice that M. Aemilius Paulus gave to the Roman Senate in the case of Perseus Si nihil humani metuerent at divinam vindictam timerent iis imminentem qui victoriâ insolentius utuntur Though they stood not in awe of any humane power yet they should do well to fear the anger of the Gods who never failed to avenge themselves on those who abused their favours with too much pride and insolency Plutarch in the life of Agis observes that in the Grecian Wars such reverence was born unto the office and dignity of a King that their very Enemies durst not offer violence to the Lacedemonian Kings An Enemy therefore that considereth not what humane Laws permit to be done but what in equity he ought to do or what Religion and Piety requires to be done forbears the shedding of the blood even of his Enemies neither will he sentence any man to death unless it be to preserve life or livelyhood to himself or for such personal crimes as by the Laws of God or Man deserve death yea and though some
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
is to be esteemed beyond the thing page 162 163 To Use a mans help being offered is lawful though to him that offers it it be unlawful page 446 Usurper who page 405 An Usurper not to be killed but obliged by private men by whom he may 64 65 66. his act binds not a lawful King 180. but in some Cases his Subjects page 64 65 Usura Foenus how distinguisht by the Roman Laws page 163 Usury by what Law forbidden 162. under it what gain falls ibid. concerning it what the Civil Law hath determined 164. what the Law of Holland ibid. W. WAR and Arms distinguisht Pref. vi when justly made Pref. xi to be justly managed ibid. War defined 2. proved lawful by the first principles of Nature 11. by the Law of Nature 11 12. by right reason and by the nature of human Society 12. by sacred story 13. by the consent of the wisest in all Nations 14. not repugnant to the Law of Nations not to the Divine Law ibid. avoided by the Primitive Christians to prevent some Acts which their Religion allowed not page 26 War some lawful proved out of the Fathers 26. publick private and mixt 31. private permitted by Moses 32. after tribunals erected sometimes lawful 31 32. private in our own defence lawful 33 34. solemn and less solemn ibid. sometimes made by inferiour Officers and whether such a War be solemn or publick 35. whether made by inferiour Commanders by guessing at the Will of their Prince ibid. War to make without Commission from the Prince Treason ibid. solemn cannot be but between Soveraign Princes page 35 36 452. The War of Manlius against the Galatae Caius Caesar in Germany Octavius and Decimus Cassius whether just page 35 36 War against Superiours unlawful 54. without Cause unjust 70. Civil worse than Tyranny page 65 War should be just if we would have it prosper 70. it hath three efficient Causes Principal Auxiliary Instrumental 66. it begins where Justice ends 69. its pretences always just though its Causes sometimes unjust page 70 War caused for wrongs done or in our own defence just 70. made for others naturally lawful 66. to repair damages or to exact punishment lawful 383. for punishment only seldome just 385 386. made to lessen the power of a Neighbour Prince only unlawful 76 77. for sins against God whether lawful 386. without cause suspected to be predatory 405. the most natural is that against wild Beasts next is that against men as brutish as Beasts page 384 385 By War some things gained are the Kings page 43 44 War between Christians not to be made for the Scriptures misunderstood 391. then profitaable when our Enemies will not otherwise do us Justice 412. when unlawful though the Cause be good 409. whether it may be on both sides just 414 415. undertaken for Religion or Liberiy whether lawful page 416 War made for a single Subject not always convenient for the whole 422. for the defence of Subjects lawful ibid. for punishment seldom made by Princes of equal power page 420 The Condition of War miserable page 421 In War many changes and chances happen which cannot be foreseen page 418 War may prudently be undertaken where there is great cause and great advantage 420 421. may be in respect of Subjects on both sides just 415. denounced against Princes and against all that are under his Government 447. whether it may be made as soon as denounced and in what Cases 455. made by Pirates or Subjects have no effect of a solemn War ibid. That War is just that is made for the recovery of things taken away that is publickly decreed and solemnly denounced page 452 In War the effects are lawful i. e. not punishable 457. its licence extends to all that are found among Enemies even Strangers 458. the Innocent and Nocent fare alike ibid. its rage 459. not to be waged but with some clemency 497 498. especially amongst Christians 495. made against Walls Pillars Houses malicious page 512 In an unjust War as things so a People taken should be restored to Liberty 530. what is taken should be restored page 496 A War may be mixt in part publick in part private 435. may be made by Souldiers though wicked 431. may be made against such as sin against the Law of Nature 384. made to compel to Christianity unlawful page 389 War to be sometimes avoided by Princes for their Subjects sake 418. made to establish Peace 524 571. for revenge not to exceed a just measure page 497 498 Vnto an unâ—ust War none to be compelled page 187 War may lawfâ—lly be made for Friends and Associates 424. c. for the Subjects of another Prince 425. for any men page 424 War then just when necessary it shou'd be our last remedy page 452 Wedlock how it differs from Matrimony page 112 Of Weight or measure to exact more or less than is contracted for is Theft page 160 A Wife may rocover from her Husband what she lent him if thereby he be enriched 147. she may claim the Estate if bought with her money ibid. she hath power over her Husbands Body by the Gospel Law page 109 Wives many to have at once lawful of old ibid. whether it be lawful to forsake them ibid. in favour to them Divorce permitted to the Hebrews ibid. Wild Beasts how possest 135. by the Germans given to their Prince as all other things that had no owner ibid. in private Woods inclosed are possest ibid. whether the Dominion be lost with the possession ibid. and Fish whose they are 81. that they should be the Kings is not against the Law of Nature page 135 Will what hath no known Cause we refer to Gods will page 390 The Will in some case punishable 374. naturally mutable 379 380. of the Dead a Law page 122 The more of the Will the greater the sin ibid. The Will is moved by things really or imaginably good page 379 To have understood the Will of the Deceased creates a Right page 122 The Will exprest by some outward sign creates a guilt and makes us lyable to punishment page 383 The Will to shew her own freedom acts sometimes without any other reason page 419 420 Wise men make War by constraint Fools for delight page 421 Wisdoms chiefest part is to direct our selves in doubtful cases the next is to be directed by others of greatest learning and experience page 411 412 Wolves Peace with Sheep upon the delivery of the Dogs page 423 Women Captives how favoured by the Hebrew Laws 464. they have no guard for their Chastity 482. their Children Slaves born ibid. Women succeed in Kingdomes that are Patrimonial 127. how they are obnoxious to the licence of War 504. their Empire unknown to the Romans page 144 Women and Children to be spared in War page 504 Words signify by consent but things and acts not so 438. in Leagues taken as vulgarily understood page 190 191 Wrecks that they should be the Kings or Peoples unjust page 121 Writings are but lasting monuments of the contracts but no part of the substance page 199 In a Writing if two clauses clash and cannot be reconciled to which we should incline ibid. if its parts cannot be reconciled the latter derogates from the former page 191 Wrongs on the one side make War on the other side just page 70 X. XEnophon's institution of Cyrus page 4 Xerxes his contest with Artabazanes for the Kingdom page 132 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what page 183 Y. YEA Yea Nay Nay what it signifies page 174 Z. OF Zeal the judgment page 369 In Zealand the Vassals pay Tribute for their common fields to the State whereunto every man contributes his proportion page 138 Zeleucus his Law concerning such as drank Wine contrary to the prescription of their Physicians page 4 Zopyrus another Sinon betrayed Babylon to Darius perfidiously page 569 The End of the TABLE
Supreme seem to introduce such a state of things as the Poets fansied to have been in Heaven before Majesty was thought on when the lesser Gods denyed the Prerogative of Jupiter But this order or Subordination of one to another is not only approved of by common experience as in every Family the Father is the head next unto him the Mother then the Children and after them the Servants and such as are under them So in every Kingdom Each power under higher powers are And All Governours are under Government To which purpose is that notable saying of St. Augustine Grat. c. 11. â— 3. Qui resistit Observe saith he the degrees of all humane things if thy Tutor enjoyn thee any thing thou must do it yet not in case the Proconsul command the contrary Neither must thou obey the Consul if thy Prince command otherwise For in so doing thou canst not be said to contemn Authority but thou chusest to obey that which is highest Neither ought the lesser powers to be offended that the greater is preferred before them For God is the God of order And that also of the same Father concerning Pilate Ad Johan Because saith he God had Invested him with such a Power as was it self subordinate to that of Caesar ' s. But it is also approved of by Divine Authority 1 Ep. 2.1 For St. Peter enjoyns us to be subject unto Kings otherwise than unto Magistrates To Kings as Supreme that is absolutely without exceptions to any other commands than those directly from God who is so far from justifying our resistance that he commands our passive obedience But unto Magistrates as they are deputed by Kings and as they derive their Authority from them Rom. 13. And when St. Paul subjects every soul to the higher Powers doubtless he exempts not Inferiour Magistrates Neither do we find amongst the Hebrews where there were so many Kings utterly regardless of the Laws both of God and Men any Inferiour Magistrates among whom some without all question there were both Pious and Valiant that ever arrogated unto themselves this Right of resisting by force the Power of their Kings without an express command from God who alone hath an unlimited power and jurisdiction over them But on the contrary what duties Inferiour Magistrates owe unto their Kings though wicked Samuel will Instruct us by his own example who though he knew that Saul had corrupted himself 1 Sam. 15 3â— and that God also had rejected him from being King yet before the people and before the Elders of Israel he gives him that reverence and respect that was due unto him And so likewise the state of Religion publickly profest did never depend upon any other humane Authority but on that of the King and Sanhedrim For in that after the King the Magistrates with the people engaged themselves to the true worship and service of God it ought to be understood so far forth as it should be in the power of every one of them Nay the very Images of their False Gods which were publickly erected and therefore could not but be scandalous to such as were truly Religious yet were they never demolished so far as we can read of but at the special command either of the people when the Government was Popular or of Kings when the Government was Kingly And if the Scriptures do make mention of any violence sometimes offered unto Kings it is not to justifie the fact but to shew the equity of the Divine Providence in permitting it And whereas they of the contrary perswasion do frequently urge that excellent saying of Trajan the Emperour who delivering a Sword to a Captain of the Praetorian Band said Hoc pro me utere si rectè impero si malè contra me Vse this Sword for me if I govern well but if otherwise against me We must know That Trajan as appears by Pliny's Panegyrick was not willing to assume unto himself Regal power but rather to behave himself as a good Prince who was willing to submit to the Judgement of the Senate and people whose decrees he would have that Captain to execute though it were against himself Whose example both Pertinax and Macrinus did afterwards follow whose excellent Speeches to this purpose are recorded by Herodian The like we read of M. Anthony who refused to touch the publick Treasure without the consent of the Roman Senate VII Of resistance in case of inevitable necessity But the Case will yet be more difficult whether this law of not resisting do oblige us when the dangers that threaten us be extreme and otherwise inevitable For some of the Laws of God himself though they sound absolutely yet seem to admit of some tacite exceptioâ—s in cases of extreme necessity For so it was by the wisest of the Jewish Doctors expresly determined concerning the Law of their Sabbath in the times of the Hasamonaeans Whence arose that famous saying among them Periculum animae impellit Sabbatum The danger of a mans life drives away the Sabbath When the Jew in Synesius was accused for the breach of the Sabbath he excuseth himself by another Law and that more forcible saying We were in manifest jeopardy of our lives When Bacchides had brought the Army of the Jews into a great strait on their Sabbath day placing his Army before them and behind them the River Jordan being on both sides Jonathan thus bespake his Souldiers Let us go up now and fight for our lives for it standeth not with us to day as in times past 1 Macc. 9.43 44 45. Which case of necessity is approved of even by Christ himself as well in this Law of the Sabbath as in that of not eating the Shew-bread And the Hebrew Doctors pretending the authority of an Ancient Tradition do rightly Interpret their Laws made against the eating of meats forbidden with this tacite exception Not that it was not just with God to have obliged us even unto death but that some Laws of his are conversant about such matters as it cannot easily be believed that they were intended to have been prosecuted with so much Rigour as to reduce us to such an extremity as to dye rather than to disobey them which in humane Laws doth yet further proceed I deny not but that some acts of vertue are so strictly enjoined that if we perform them not we may justly be put to death As for a Sentinel to forsake his station But neither is this to be rashly understood to be the Will of the Law-giver Nor do men assume so much Right over either themselves or others unless it be when and so far forth as extreme necessity requires it For all humane Laws are so constituted or so to be understood as that there should be some allowance for humane frailty The right understanding of this Law ☜ of resisting or not resisting the highest Powers in cases of inevitable necessity seems much to depend upon the Intention of
for others to follow XL. War for violating the Law of Nature This also we must know That Kings and such as have equal right with them have also a right to exact punishments for offences done not against themselves and their Subjects only but for such injuries as do not particularly touch themselves but against any persons by whom the Laws of Nature or Nations have been greatly violated For the liberty of providing for the safety of humane Society by punishments which at first as we have said was in every particular person Cities and Judicatories being now instituted resides in such as have the supreme Authority not so properly because they command all as indeed because they are commanded by none For that which takes away this right from private men is their subjection to the supreme Powers without whose Warrant they can attempt nothing of revenge Yea and so much the more honourable it is to revenge other mens wrongs than our own by how much it may justly be feared lest out of too great a sense of our own sufferings we either exceed the just measure of punishing or prosecute our revenge with too much malice And upon this account it was that Hercules was so famous for subduing those Tyrants Antaeus Busyris Diomedes c. and cleansing both Sea and Land from all such noxious Creatures which he did not out of ambition or desire of gain but to vindicate the cause of the oppressed and to plague the unjust as Philo testifies of him De legat This Character is likewise given of him by Diodorus Siculus Many Cities he restored to an happy condition by taking away insolent Tyrants and such like Oppressours For as the same Authour speaks in another place Orbem obiit poenam de iniquis expetens He travelled through the world for no other end but to scourge Tyrants The like testimony doth Dion Prusiensis give of him saying That he every where plagued the wicked destroyed the Kingdoms of the proud and transferred them unto others And for the general care that he had of all Mankind Aristides thought him worthy to be translated amongst the Gods Dionysius Halicarnassensis records this and many more inhumane Customs which Hercules reformed to the general benefit of Mankind making therein no distinction between Greeks and Barbarians Lib. 30. c. 1. The like doth Pliny testifie of the Romans It is not to be imagined saith he how much we owe to the Romans for taking away those Monsters among men who placed the principal part of their Religion to kill men and their wholesomest food to eat them Thus Justinian commanded the Princes of the Abasgi to abstain from gelding their Children Goth. 4. as Procopius relates And the King of Incha in Peruana compelled all their neighbouring Nations that would not willingly obey him by force of Arms to abstain from Incest Sodomy eating of Mans Flesh and such like abominations whereby they obtained the justest Empire that we have ever read of their Religion only excepted The like honour is given to Theseus for destroying those great Enemies of Mankind Sciron Sinis and Procrustes who in that Age troubled all Greece with their barbarous inhumanity Lib. 5. c. 3. and is therefore by Euripides called The Scourge of wickedness My Noble Acts through Greece are so extoll'd That I the Scourge of wickedness am call'd For as Valerius Maximus reports of him Whatsoever Monster of cruelty that Age produced by the strength of his Body and the gallantry of his Mind he subdued So that without doubt a War may be justly undertaken against Parricides whereof the Sogdians were in an high measure guilty for till they were reclaimed by Alexander they usually killed their own Parents Against Canibals or such as fed upon Mans Flesh as the Scythians did and the ancient Gauls before the former were better instructed by Alexander and the latter by Hercules as Plutarch in Diodorus records Against Pyrates and such as live by Robberies at Sea and the like for against these any Prince hath power to make war though they are not subject to his Government For of such barbarous people who are rather Beasts than Men In Panathenaic it may truly be verified what Aristotle sometimes said of the Persians Naturale in eos esse bellum That war against such is natural Or as Isocrates notes The justest war is that which is undertaken against wild Beasts and the next is that which is undertaken against such men as are bruitish What saith Seneca though they do not infest my Country yet if they are vexatious to their own De benef lib. 7. Though they are divided from me yet if they infest their own people they deserve for the pravity and corruption of their minds and manners to be destroyed And so far we follow the opinion of Innocentius and others who hold That war may lawfully be made against such as do break the Laws of Nature But we cannot approve of that which Vasquius Victoria Azorius and Molina have written namely That to justifie a War it is requisite That the person that undertakes it be injured either in himself or in the Commonwealth whereof he is the Supreme or that he against whom the War is made be under his Power and Jurisdiction For whereas they make the right to punish to be but an effect proper to the Civil Jurisdiction We on the other side derive it from the Law of Nature whereof we have spoken somewhat in the beginning of the first Book And surely If these mens Opinions from whom we differ be admitted one Enemy shall not now have a right to punish another even after the War is undertaken for any cause not punishable whereas most men do admit of this Right and the Custom of all Nations confirms it and that not only when the Enemy is weakned and brought under but even whilst the War lasts not by any Civil Jurisdiction but by that Natural Right which was in force even before Cities were built and is yet in force where the Inhabitants live dispersed in private Families and are not congregated into Cities XLI The Law of Nature is to be distinguished from Civil Customs But here some Cautions are to be observed the first whereof is That we do not mistake Civil Customs which in most Nations are deservedly received for the Law of Nature Such almost were those wherein the Persians differed from the Graecians whose common pretence for their making war upon the Persians was to civilize them But as Plutarch observed They did but cloak their ambition and covetousness under the title of Reformation As if the disagreement between themselves and others in Civil Customs had been a violation of the Law of Nature XLII And from the voluntary Divine Law not known to all men The second Caution is this That among those things that are forbidden by the Law of Nature we do not rashly intersert such things whereof it cannot certainly be affirmed that they
stripes and punishments as Gregory Bishop of Rome wrote unto the Bishop of Constantinople And we may read of many French Bishops who were by the judgement of the Church condemned for calling in the Civil Powers against the Priscillianists as Sulpitius Severus relates it and of a whole Council in the East that was condemned because they consented to the burning of Bogomilus It was therefore wisely said of Plato Errantis poena est doceri If there be any punishment due to errour it is to be instructed Sen Trag. Quis nomen unquam sceleris errori dedit Who ever thought it criminous to erre It is very true what Seneca saith De Ira. lib. 14. No wise man ever hated those that erred for if so he must necessarily sometimes hate himself He that is ignorant ought not to be ill treated nor accused but it is fit he should be instructed in that whereof he is ignorant Chrysost And Ammianus Marcellinus highly commends the Emperour Valentinian That he never persecuted any man for his Religion never commanded this or that to be adored nor inclined the hearts of his Subjects to enbrace his own manner of worship in case they dissented from it LI. But they that are openly impious and profane against such as they believe to be Gods may be punished Errours in Opinion concerning the nature or worship of God are not sufficient ground for a Just War but open impiety irreverence and profaneness towards any that is but acknowledged as God are deservedly in all Nations to be punished This amongst others is given as one Cause of the Peloponesian War between the Athenians and Lacedemonians and of that War which Philip of Macedon made against the Phocians whose sacriledge was so execrable that as Justine saith Lib. 8. Orbis viribus expiari debuit The whole world ought to have contributed to the expiation of it And it is St Hierom's observation upon the sixth of Daniel That whilst the vessels remained in the Idol Temple at Babylon the Lord was not angry Diod. lib. 16. for the errour was in the understanding and not in the will and affections though they erred in their Opinion concerning God yet were those vessels imployed to that use whereunto they were primarily consecrated but no sooner were they made use of in a common and profane way but the Lord breaks out into an open revenge St Augustine ascribes the prosperity of the Roman Empire to their care of Religion though a false one And Lactantius seems to justifie them in part because they had a Zeal for the Worship of God though not according to knowledge though they could not exactly perform their duty yet they served him sincerely according to the light they had of him And as we said before by what God soever we forswear the sin is punished by the True God because we swear by it as God De benef 7. c. 7. saith Seneca And it is our opinion of him that we swear by that obligeth the True God to revenge it De benef lib. 3. c. 6. And in this sense we understand that also of Seneca The punishments of such as profane Religion may vary but in all places they are punishable And that also of Plato De legib 10. who would have all such as scoff at Religion punished with death In like manner they that falsely assume unto themselves the name of Prophets are deservedly to be punished as Agathias testifies Lib. 5. CHAP. XXI Of the Communication of Punishments I. How punishments may pass to those that partake of the sin II. That Commonalties and their Governours are punishable for the Subjects faults if they know of them and do not hinder them when they both ought and may do it III. Likewise by receiving those who have been criminous elsewhere IV. Vnless they either punish them or deliver them up to be punished illustrated by examples V. The Rights of Suppliants belong to the unfortunate and not to the guilty with its exceptions VI. Suppliants are to be defended till their Cause be known and by what Law this knowledge is to be gained VII How Subjects may partake of the faults of their Rulers or the Members of the whole Body and how their punishments differ VIII How long the Right of punishing may continue against a People IX Whether a punishment may be inflicted upon such as partake not of the faults X. A distinction between that punishment that is inflicted directly and that which comes by consequence XI That which comes by occasion of a fault distinguish'd from that which is inflicted for the fault XII Properly no man can be justly punished for the fault of another XIII No not the Children for the sins of their Parents XIV Objections answered concerning Gods Dealings with the Children of guilty Parents XV. Much less should their punishments extend to their other Relations XVI Yet some things may be denied unto these which otherwise they might have with examples XVII Neither can Subjects be properly punished for the defaults of their Kings XVIII Nor the dissenting part for the crimes of the major part XIX The Heir is not liable to the punishment of his Ancestor as it is a punishment and why XX. Yet he shall if what was first inflicted as a punishment do pass under another kind of debt I. How by partaking of the sin of another man we may be liable to his punishment SO often as mention is made concerning the Communication of Punishments either it concerns those that are Partakers of the sin or some others They that partake of the sin are not so properly punished for other mens sins as their own And who they are that partake of other mens sins may easily be understood by what hath been already said above concerning the damage that is occasioned by an injury done For by the same ways almost whereby a man is made guilty of that damage by the same may a man be made guilty of another mans sin and yet not always where there is an obligation to satisfie for the damage there is the same to satisfie for the offence but there only where there is the concurrence of some notable malignity whereas oft-times any offence may suffice to oblige a man to satisfie for the damage given He therefore that commands a wicked act to be done as David did Joab concerning Vriah he that gives his consent being required as Saul is said to stone St Steven because he gave his consent unto it for by the Law Facientem consentientem par poena constringit The same punishment is due to him that commits a crime and to him that consents to the committing of it They that aid and assist in the act doing they that receive or conceal the matter or any other way participate of the crime so St Hierome Not only the Thief himself Sup. Parabolas but he that knowing the thing to be stoln and where it is conceals it or
private is expected to arise from the very War being considered a part from the cause that justifies it which vice is most dangerous because it comes mantled with the Robe of Vertue But as St. Augustine rightly adviseth Satius est cujuslibet inertiae poenas luere quam istorum armorum gloriam quaerere Better it is to suffer the punishments of any cowardice then to seek glory by such a War This was it that sullied all the Victories of Alexander and for which all Historians declaimed against him as a Robber because he made War only for Ambition and to that end disquieted the whole World vexing all Nations without any cause given and making War upon those whom he never knew for what could this be but as St. Augustine calls it Grande Latrocinium A great Robbery Or a just cause may be spoiled when accompanied with a passion manifestly unlawful as when we rejoice in the destruction of our Enemies barely as such without respect to any thing that is good So Aristides was of opinion that the Phocenses were deservedly destroyed but withall he condemned King Philip for destroying them because he did it not upon the score of Religion as he pretended but out of an Ambitious desire to enlarge his Empire Salust ascribes all Wars to this one and that very ancient cause namely a vehement thirst after Dominion and Riches And it was Tacitus his observation That Gold and Wealth were ever the principal causes of making War which Seneca attributes to Covetousness and Revenge Mad anger and a greedy thirst for gain The League have broke Whereunto we may add that of St. Augustine An earnest desire to make what spoil we can the cruelty of Revenge an unquiet and implacable Spirit Contumacy and Rebellion together with an ambitious thirst after Empire and Riches these and the like are deservedly blamed in all Wars But yet these where a justifying cause is not wanting though they favour rankly of a corrupt mind yet do they not render the War properly unjust and therefore restitution cannot justly be required of damages sustained in such a War CHAP. XXIII Of the Causes of War that are doubtful I. Whence doubts arise in moral matters II. That we ought to do nothing contrary to the dictates of our own judgment though erroneous III. That the judgment is sometimes swayed by arguments drawn from the thing it self IV. Sometimes by the Authority of others V. If on either side doubts do equally arise and the matter be weighty and one must be chosen then we are to chuse the safest VI. Whence it follows that in such a case we are not to engage in War VII Which may be avoided either by a Treaty VIII Or by Arbitration where also is handled the duty of Christian Princes in mediating between the parties engaged in War IX Or by lot X. Whether single Combats may be admitted to prevent a publick War XI That the present occupant hath some advantage where the case is equally doubtful XII Where the case is equally doubtful on both sides and neither party be in possession the matter contended for may be divided XIII Whether a War may be on both sides just explained by many distinctions I. Causes of doubts whence IT is true what Aristotle in the first of his Morals teacheth That there cannot be the same certainty in Ethicks as in Mathematicks which therefore happens because the Mathematicks abstract forms from all matter and because the very forms themselves are such for the most part as will admit of no mean As between streight and crooked there is nothing intervenient But in Morals the least circumstance varies the matter and the forms concerning which we treat have usually something interjacent and of that latitude that they sometimes approach nearer to this extreme and sometimes nearer to that As between things absolutely commanded and things absolutely interdicted there are some things that may or may not be done so between things exactly just and things absolutely unjust there are some things intermediate whereof some encline nearer to this extreme and some to that From whence doth often arise some doubt and ambiguity to whether of the two extremes they approach nearest as we may perceive in the degrees of heat and cold in water when it is tepid and in the degrees of light and darkness health and sickness c. Insomuch that as Aristotle saith The judgment hath sometimes an hard task to determine which is to be preferred before the other But Andronicus Rhodius goes yet farther affirming That it is a very difficult thing sometimes to distinguish between Realities and Resemblances things exactly just and things that are only apparently so II. Nothing to be done against our judgment But this Rule is in the first place to be constantly observed That though an Act be really Just yet if upon a serious examination we shall judge it to be unjust to us if we do it it is so And this is that which St Paul intends when he saith Whatsoever is not of faith is sin In which place Faith signifies the firm perswasion or judgment of the mind concerning a thing Rom. 14.23 as may easily be collected from those other expressions of St Paul in the same Chapter Let every man be ful y perswaded in his own mind Bâ—â—ssed is the man that condemneth not himself in that which he alloweth Peccatum est qâ—od aliter fit quam probatum est Whatsoever any man doth saith St Ambrose Ambrose otherwise than what his own conscience approveth is sin For that a thing be well done saith Plutarch Plut. Timoleonte it is requisite not onâ—y that what is done be just and honest but that there be a firm and constant perswasion of mind in him that doth it that what is done is therefore done because his conscience tells him that it ought to be so done For God hath endued the rational soul with a discerning faculty to the end that it may guide us in all our actions which being slighted the mind immediately becomes sensual and brutish But yet it sometimes falls out that the judgment wavereth and gives but a dim and uncertain light which if upon a mature disquisition we cannot clear then we should take the advice of Cicero De Off. lib. 1. and forbear to act whilst we remain doubtfull whether it be just or unjust The like advice Pliny gives Wherein thou doubtest forbear The Hebrew Doctors also give this caution Beware and forbear in matters that are dubious But this is then only seasonable where we have a free choice either to do or not to do but not where we are obliged to do either this or that and yet are unsatisfied in either whether it be just or not for there we are to chuse that which in our judgment seems to be less evil Semper enim ubi electio evadi non potest minus malum rationem induit boni For alwayes when the will is straitned between two
lib. 1. Non illi imperium pelagi renumque tridentis Sed mihi sorte datur The Sea 's vast Power was not by lot assign'd To him but me Whereunto not much unlike is that of Ovid Rescindere nunquam Metam lib. 14. Dîs licet acta Deûm Nor can the Gods each others Acts rescind So likewise Euripides Mos ille est Deûm Quod cupiit unus huic nefas obsistere The Gods their custom have None must oppose what any one did crave That is as St. Ambrose well expounds it Lest by usurping upon each others jurisdiction they should stir up War amongst themselvos That every State should be permitted to punish their own Subjects was thought by the Corinthians in Thucydides to be just And Perseus in his Oration to Martius denies that he needed to make any defence for himself for what he had done against the Dolopes saying Jure feci meo I did but exercise mine own just Right seeing that they were my Subjects and so under my jurisdiction For as St. Augustine observes Lib. 2. de lib. Arb. There is not the same reason that because it is an Argument of some mens goodness to confer courtesies on strangers therefore it should be the like argument of their justice to punish those that belong to anothers jurisdiction But rather as Procopius hath it It is more agreeable to the rules of equity that every man should carefully govern his own Province and not trouble himself with the affairs of others Yet are all these to be understood of such cases wherein another mans Subjects have manifestly offended or at least whereof it is doubtful whether they have or not for to this end were Empires at first distributed But they hold not in case Subjects apparently groan under such Tyrannies as no just man can approve of and therefore are precluded from those Rights that are common to humane Society For in such a case as this it was that Constantine made War against Maxentius and Licinius and other Roman Emperours against the Persians or at least threatned so to do unless they protected from oppression such of their Subjects as were Christians being persecuted for no other cause but that of Religion Yea and although we should grant that Subjects could not justly taken up Arms against their Prince no not in case of greatest necessity which we see is doubted even by those whose purpose it was to defend the Regal Power Yet will it not thence follow That other Princes may not take Arms in their own defence For whensoever the impediment to any action is meerly personal and not drawn from the thing it self then that which is unlawful for one to do by himself may yet be lawful for another to do for him ☞ if the matter be such wherein one man may profit another So a suit at Law which a Pupil by reason of his minority cannot maintain by himself his Tutor or Guardian may maintain for him So a Client that cannot appear in his own person by reason of the distance of place may notwithstanding appear by his Attorney Now that impediment which in a Subject hinders resistance ariseth not from the Cause which is the same in Subjects as in those that are not but from the condition or quality of the person which passeth not into another Thus thought Seneca He that being separated from my countrey is vexatious to his own may be justly by me invaded as I have shewed before where we treated of punishments which thing is often conjoined with the defence of innocents Although we are not ignorant by those many examples we find in Histories both ancient and modern That Ambition and an insatiable thirst after Gain do too frequently disguise themselves under such specious pretences yet may we not thence conclude That because wicked men do sometimes usurp this Right for sinister ends therefore to defend other mens Subjects from manifest oppression ceaseth to be lawful For Navigant Piratae ferro utuntur Latrones Pyrates we see navigate the Seas and Thieves wear swords yet no man will hence infer That it is not therefore lawful for Merchants to traffick by Sea or for Princes to make use of Arms to defend their Subjects IX Of Souldiers of fortune But as those Warlike Confederacies which are made to the end that succours may be promised upon any War undertaken by whâ—msoever or upon what occasion soever be it right or wrong are already declared to be unlawful so is there no kind of life more wicked than that of mercenary Souldiers who without any respect had to the equity of the Cause fight only for plunder and pay to whom Ibi fas ubi plurima merces That 's the best Cause which pays best Livy 32. which Plato proves out of Tyrtaeus This was it that Philip upbraided the Aetolians with and Dionysius Milesius condemned in the Arcadians in these words Belli instituuntur nundinae They made War a trade to live by And what was the common bane of all Greece besides was matter of gain and profit to them whilst they sent out their mercenaries sometimes to this part sometimes to that without any regard to justice or equity Surely a Souldier is a thing to be much pittied Miles qui vitae causa se auctorat neci Antiphanes Bacchid who as Antiphanes speaks hires himself to be killed to preserve a life that is miserable So Dion Prusaeensis What can be more necessary what more dear and precious than life and yet even this many men imprudently lose for greediness of gain This was Plautus his Character of mercenaries Suam qui auro vitam venditant Their lives for gold they sell The like doth Gunther Aere dato conducta cohors bellica miles Dona sequens pretioque suum mutare favorem Suetus accepto pariter cum munere bello Hunc habuisse dator pretii quem jusserit hostem And yet did they sell their own lives only it were the less hurt but together with their own they sell the lives of many innocents Tanto carnifice detestabiliores quanto pejus est sine causa quam cum causa occidere By so much is the condition of such Souldiers worse than that of Hangmen by how much it is more abominable to kill the innocent than to destroy the guilty As Antisthenes was wont to say of Tyrants Tbat they were more cruel and merciless than common Executioners for these hang Thieves and Murtherers only but those murther innocents And Philip of Macedon Diodor. l. 18. as truly of those who made War for gain only That War was to them as Peace and Peace as War So likewise Seneca What may a man call this but madness to make dangers our inseperable companions fiercely to assault those whom we know not to be enraged without any offence given to destroy all we meet and like wild Beasts to kill those whom we never hated Surely War is not a trade to live by nay
be understood as he understands to whom they are made 167. called Vows and why 172. the end of all controversies 172. bind not to things unlawful 169. of Joshua to the Gibeonites binding page 168 169 The Oath of the Roman Souldiers to the Carthaginians binding page 167 168 An Oath not to be too far wrested 169. not to do good not binding 170. nor that which hinders a greater good ibid. cannot bind to impossibilities ibid. by false Gods binding 171. by the Creatures obligeth ibid. by fraud or fear extorted must be fulfilled for the Oaths sake 172. made to Pyrates or Tyrants obligeth ibid. In Oaths two things requisite truth in words and fidelity in Actions ibid. Over Subjects Oaths what power Superiours have page 173 By a false Oath to deceive an Enemy Perjury page 172 Of Oaths some are assertory and some promissory 174. the latter forbidden by James and Christ ibid. Oaths should except necessity and coaction page 123 From Oaths Absolutions from whence originally page 174 By Oaths promises made in what Cases oblige not page 173 An honest mans word as good as his Oath page 175 An Oath to perform Kings bound before God page 177 Oaths from Subjects should have this restriction Vnless my King command the contrary ibid. Philip of Macedon regardless of Oaths page 537 The form of Oath Military page 28 To Obey more natural to some Nations than to command page 38 Obedience in what cases necessary 55 56 429. sometimes unlawful 427. especially in things forbidden by God or Nature 53. to commands unjust not due 429. readily yielded by him that understands the reason of the Law page 430 Obedience to Parents and sustentation to Children due 123. yet it cannot justify our disobedience to God page 427 Obligation restraining the faculty or the exercise of such an Act only the difference page 47 48 Obligation feudal see Feudal Obligations arising from Dominion page 146 Obligation internal gives no Right to another page 151 Obligations all require deliberation page 551 552 Obligations by Officers with our default from what Law it proceeds page 203 204 Kings may be obliged either naturally or civilly page 177 Obliged we may be by another page 154 Oblige we may whatsoever we have absolute power in or over page 400 401 Obliged we may be to a Pirate or Robber being not terrâ—fyed by fear page 538 Obliged a man may be by some Delinquency page 200 Obliged none can be to an unjust War page 187 Of Obligations without compulsion examples page 211 Obstinacy to defend our own Party no just cause to kill an Enemy page 508 By the Occasion of anothers sin a man may suffer though that sin be not the cause of his suffering page 401 Occupancy its Rights where things are in common page 78 By Occupancy what every one had was the first rise of propriety page 79 Of Occupancy after the communion was lost page 80 Occupancy presumeth things bounded 81. as Lands by Mannors or Farms ibid. of Empire and of Dominion as distinguished from Empire 88. it was the original way to gain Dominion by the Law of Nations page 135 What if it be of a place pre Occupied by men irrational page 407 The Occupant in doubtful Cases hath the best Title page 414 To the ancient Occupants Lands restored by the Emperour Honorius after three hundred Years page 492 Odious Promises which 192. how to be interpreted ibid. Leagues and Promises if in doubt are personal page 194 Offenders being demanded when to be delivered page 395 396 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 439. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 page 407 Old men in War to be spared page 505 None the same Old as young page 141 Opinions concerning God being not easily demonstrable no cause of War page 389 Our Opinions especially concerning Religion hardly parted from page 391 Oppression notorious a just cause of War if without danger to our selves page 424 Oppression of Subjects where greater than the miseries of War War may be made against Tyrants page 421 Ordinance of God in what sense Kingly Power is said page 18 Order what among Equals or Associates page 114 The Order of such as have equal shares in things ibid. In what Order they are bound to restore who have occasioned damages page 201 202 The Order of Christian Kings sitting in Council page 114 Original acquisition page 88 Owner right not known none bound to restore page 149 The right Owner transferring his Interest is a sure Title page 151 Oxen forbidden to be eaten to be spared in War page 514 P. PApinianus put to death for not defending Parricide page 428 Parents to be nourished 123. though severe to be obeyed 57. to be reverenced as Gods Pref. vii honour and obedience due to them 123. differing in their Commands whether to obey 103. their Right to sell or pawn their Children what 104. their Right over their Children different according to their several Ages and Conditions 103 104 their Estates due to their Children by a twofold right 124. whether they owe any part of their goods to their Children by the Law of Nature 122. their love to their Children more natural than their Childrens to them 123. their power to punish as well as to govern their Children 104. never exheredate their Children until they prove incorrigible 416 417. Their Marriage with their Children unnatural page 107 Parliaments to what end called page 42 A Parly demanded and accepted renders both sides secure 569. during each may promote his own interest so that he hurt not the other ibid. under pretence of a Parly Bituitus was treacherously taken Captive by the Romans ibid. Parricides page 28 Particulars if they consent not not punishable for the whole page 399 Partition just where the Title is dubious and neither possest page 414 Passage denied may be by Armes forced page 83 Passage by Land or Sea common to all ibid. how Armies may pass safely without danger page 84 Passionate acts more pardonable than deliberate page 380 Pater Patratus what page 546 Patience commended by Christ's example 63. preferred before revenge 33. in bearing reproaches 21 22 23. in a Governour or in a State punishable page 393 Patrimony distinguisht from the profit of it page 120 Paul refused not a Guard of Souldiers page 20 Parents that receiveth to what bound page 160 Peace profitable to the Victor Vanquished and those of equal Power 572. once obtained to be religiously kept 571. its Articles how to be understood 546 547. all of them to be equally observed 549 572. when said to be broken 548. to be embraced though with loss 572. not to be patcht up but firmly made 547. being made all publick injuries though then unknown presumed to be remitted 547. to purchase from an Enemy too Potent no dishonour page 418 For Peace whether the Goods of the Crown be alienable 544. or the Goods of Subjects 545. the Empire or any part thereof ibid. Peace by whom it may be made 544. being made by