An Answer to the Vindication of Doctor Hammond

To the READER.

LIfe, for which a man will give All that he hath, and Liberty, which is the Genus Generalissimum of that All, into how many parts soever it be branched out, are the two dearest properties of man, essentially and necessarily annexed to his Being, and yet even these have been invaded in a high manner, and received most dangerous assaults of late Times, by the hands of a Rebellious and Trayterous crew of profane and deceitful men, whom God suffered to proceed to kill, destroy, and plunder, and to teach to do so, without any other Authority, then the mere will of a Tyranical Magistrate; Amongst the late Invadors of our Liberties, there is none (I dare say) more peccant then Dr. Hamond, in his way, this man having more advantage to deceive then others, because of his less profaneness, and greater abilities then the generality of the late Kings adherents, and the more ingenious part thereof, taking up what he delivered with very little examination, upon the account of his parts. This is one of the men that would make the late Kings Will the Rule of Goodness, when he himself intended it no other then the measure of his Greatness; this is he that would have erected a Pambasilia for the late King, though his professions were only for a regulated Monarchy: what wounds this man hath given to our Liberties, thou wilt see in the following Leaves; and though he had not power to compel the silly vulgar to be of his party, yet (I fear) his principles have deceived too many of them, that took up his advisoes without examining, he being known to be leprous in his opinion, and to have Laesa Principia, in Polity as well as Religion, and to have needed to be put into a Lazaret till he were cured of both. I shall not desire thee to swear compliance and credulity to what thou wilt find herein, only try and hold fast the good, and give it thy Countenance; the evil of it shall be beneath the Authors Connivance when he knows it to be so.

The Introduction.

IT is a truth in itself, and very obvious to knowing men, that the use of language is for the expression of our conceptions; and that these are caused by exterior objects, which are oftentimes such, as do cause so violent an agitation of the Spirits, that we may with but little skill in Phisiogmony see the Tipes and Signatures of men's affections in their Countenances, and assure ourselves of a better accompt from their faces, when their passions are moved (which do always faithfully more or less imprint their characters in the exterior parts of the body) then we may expect from their tongues, which can cover the deceiptfulnes of a false heart, when yet the visage discovers its motions and designs; for if a man's speech bely his heart, yet his face shall bely his speech, and the understanding can never so secretly work, but the senses will perceive it: I may not but conjecture that Doctor Hamond is better learned in this kind of science then myself, having vantage ground of me in years, study and experience, and yet he hath gone farther in discovering himself, and his passions then thus, in his Vindication against E. P. and (contrary to his professed impassionateness) hath so far betrayed himself, as to transmit the Image and Character of the perturbation and passionate heat of his spirit, by his Pen, to the view of the world, as his said Vindication will manifestly testify.

And I wish this parti-coloured Doctor (that doth thus interlace excellent professions with so little adequateness of performance 〈2 pages missing〉 words of Moses in Terminis, Exod. 21. 6. but whether they do not widely range from them, I refer it to any man that hath his understanding about him upon compare, to judge; I conceived this Doctors affirmation to be but his explication of that place, and believe the impartial examiner of both places will easily find it so; and I must tell this Doctor for all this, that he will alone lie under that Condemnation which, saith he, in his fifth Section, E. P. hath put him, and the Scripture under, too good a Companion to be of that man's side, that made and published the late Misterium Religions recognitum, which goodly stuff came out of this Doctors ware-house.

2. The second advantage is not only as imaginary as the other, but palpably false and scandalous, contrary to the Candidness and ingenuity of a rational man: 'This Doctor saith that E. P. hath two irreconsilable opinions Sect. 7. of his vindicacion: 1. Opinion, That it should be unlawful for the Jew to give up his liberty or freedom, and that servitude should be unnatural. Secondly, That it should be in a man's own power to kill himself; I am astonished that any man who hath his eyes in his head, or any conscience to check him, or any sensible movement of reason in him, should affirm such an untruth of E. P. Let this Doctor indigitate the place, and show them in verbâ, if he can; but that the reader may know the truth, there is no such opinions in E. P. his discourse; and it is hoped this Doctor may receive credit according to the truth of what he affirms here, in whatsoever else he hath and shall have to represent to the world hereafter, who (it seems) will leave no way unassayed, that may (right or wrong) promote the wicked disigne of his party: I shall easily believe henceforward he may be so pliable a Courtier, as if his King or his party shall say it is night at highnoone, he will not stick to maintain it; or if any should be so venturous as to deny it, that he is so cunning as to have this reserve for himself, as to say he hath mistaken the Moon for the Sun, yet I do not see for all his art, but he will have a long voyage before he come to the end of his expectation, by such shameful and unworthy staining of his Antagonists.

But for the first of these opinions he mentions, doth he not find the contrary in E. P. pag. 18. and 19. and doth he not cite E. P. his opinion in page II. and Section 28. of his vindicacion, in these words:

sufficient to excuse E. P. from this part of the Doctors charge, who with the same breath and pen he hath aspersed that Author, doth (as you see) proclaim his innocence to the world; and for the other opinion charged upon the Author of E. P. That it was unlawful for the Jew to pass away his freedom, &c. it is likewise denied by that Author; and this Doctor (who is his accuser) cites also his opinion in this point in his vindicacion, Page 8. Section 28. Now whether this Doctor hath dealt ingeniously with E. P. let any man judge.

I shall now come to make good what Eutactus Philodemius did urge in relation to this Doctors affirmation and Question.

E. P. in his aforementioned discourse of the original and end of civil powers (under the first head, page the fifth of that discourse) viz. That the people were (under God) the original and efficient cause of all just powers) was speaking that the people could not pass away their own native rights out of themselves into any other hand, to their own evident damage, without any possible advantage of recall, and no such thing could be rationably gathered but of their consent, to set up a Magistrate over themselves, and in case the Magistrate so set up by themselves over them, should encroach upon their rights, beyond the due limits of his commission, and the mutual pacts, either express, or necessarily implied between them, then God, nature, and reason did prompt unto the people, their own safety, together with the use of means to recover and retain it, when the interchangeable conditions between them were violated by their Governor.

And I shall add this further to what was then said. That the Governor and the Governed are relatives, and undergo (when they come to be such) mutual duties, the willful breach whereof by either party makes the obligation cease as to the other, & there is then a clear divorce made by nature and reason between them, and if the End of a people's Being, be to glorify God, and to love his Neighbor (as doubtless it is) then Magistracy is but a subservient end to that of the people's well being; and a Magistrate is but a necessary circumstance, to that end that he may be an encouragement to the good, and a terror to the evil, and that men might live while they are in this short Pilgrimage in all Godliness, and honesty; and it is irrational to think that a civil Magistrate, who is but such a circumstance to a people's well being (of whom there had been no need, if there had been no fin) should make the people subserve his own end, and become a footstool to his pomp and glory; Such an end is abhorred in the thoughts of all rational Spirits, who have not imbibed a principle of slavery, or are not so supine, as not to inquire of any other condition, better then an asse like subjection to the lawless wills of men.

Now to come nearer to the affirmation laid down by the Doctor in his address to the General and Council of war, page 9. and touched upon by Eutactus Philodemius occasionally (viz.)

First therefore Eutactus Philodemius alledgeth as before, that it was not from nature, i. e. rightly choosing, that the Jew had such a power, but that God permitted it to be so, and sure he is, that the Doctor cannot prove that slavery was congenial, or natural to Adam, Nemo nascitur Servus, if Adam had stood in innocence, and had had the like innocent and unstained posterity; it cannot be made appear that any of them should have been slaves by nature; slavery is an effect and consequent of sin, and Adams posterity could not have so unrectified wills as to desire to stoop to a slavish condition, it is a slavish Disposition that must be a cause of a slavish Condition, and it would be as difficult a thing to disprove this, as for the Doctor to make good his tenet, That Adams posterity should in case of innnocent nature, have positive human laws imposed on them by man, in order to a civil life, and if it be allowed that servitude was not Connaturall before the fall, it cannot be after, and as for the word (unnatural) which was used by E. P. as an Epithet to the word (Servitude) I say thus much in satisfaction to the Doctor, absolute multa dicuntur quae tamen intelliguntur comparative, But Justinian tells this Doctor that Servitus est constitutio Iuris gentium, quâ quis Dominio alieno, contra naturam Subjicitur, which is his definition of slavery, and immediately before the Doctor may find Liberty or Freedom to receive another definition, viz. Libertas est naturalis facultas ejus, quod cuique facere libet, nisi si quid vi, aut jure prohibetur, when this Doctor hath either reconciled or overthrown these two Definitions, I may be of another mind.

And now if I be so bold with this Doctor on the behalf of Eutactus Philodemius, as to ask him some few Questions, who being himself so great a Querist in his address to the General and Council of war, will doubtless grant the like, leave to any other man that will be candid with him; the first Question shall be.

Quest. Whether if Adam had not fallen, there should have been any slaves in Innocency?

Quest. Whether, according to those equal and uniform Laws which Politicians and others call the Primary Laws of Nature, Naturalem rei cujuslibet inclinationem, there would have been slavery in the world; indeed there are other secondary Laws of Nature, called by some demi constrained, and demy-voluntary, which are more stinted Laws, and much remote from these ingenuous Dictates, to which this Doctor may (if he please) refer the servitude or slavery that he mentions; as when a Merchant throws his goods over-board to save himself, or when a Patient is willing to cut an arm or leg to save his life, or stare promissis nemini laedere; these secondary Laws are modelled, and made in the Forge of necessity, and are its Constitutions (as Aristotle saith) these are not near so undeterminate, free, and unconstrained, as those primary Laws of Nature: and those words of the Apostle mentioned by this Doctor, If thou canst be free, choose it rather; as it is the voice of God's own Spirit, so we may hear in it a sound or noise of reviving and returning Nature to its Primitive principle of Rectitude, and true Freedom.

Quest. Whether between those relatas of Master and Servant, there were not at least implied conditional respects, and a mutual pacts; as that the Master should give protection & maintenance to his servant, in compensation of the servants love and service to his Master.

Quest. Whether, if it should be granted, that the Jew had lawfully such an absolute dispose of himself by Nature, as this Doctor would have it, his posterity were obliged successively to be slaves to his Master, and his posterity, and have their ears bored in token thereof, and should be as absolutely exempt from release and manumission, as their father is pretended to be; if the Doctor cannot prove this, then the design of his address to the General, and Counsel of War for the support of the Royal Cause, stands upon a very feeble foundation.

Quest. Whether the desire of true Freedom and Liberty was not an inherent native principle, and a habitude of man's mind in Innocency, and if that be granted, whether the Doctor can make it appear (by a parity of reason) that the desire and love of servitude and slavery was as true and innate a habit of a sinless and untainted soul, which if he denies, I have my end; but if he affirms, then he must necessarily argue, That because desire of Liberty was then a congenial principle, therefore a desire of servitude was a habit equally inbred in Nature, what degree of likeness there is between these two of Liberty and Servitude (I know not) unless what is very near between two contraries, there is too great a disparity beween them, that the Doctor should have so plausible and colorable an Argument here, as he that said Wooll and Snow are both white, and therefore they are equally warm, but let this pass, it is but a Royal stride of a well affected Levite to his own cause.

The 2. Ans. of Eutactus Philodemius was, That the boring of the ear was a punishment of the contempt of that liberty w ^ch he had, and might have lawfully kept without sin, that slavery is an effect of sin, is not doubted by very rational men, had there been no sin, doubtless there had been no slavery & boring of the ear was an ordinary mark of slavery, as Diodati, Cornelius à lapide. Ainsworth, and divers others explain the forementioned place of Exod. 21. 6. and from the 25. of Levite. 41. some of the Rabbies do infer,

Why this boring of the Priests ears should be a blemish, and this blemish exclude him from his dignities, I desire the Doctor to tell me. In 25 Levite. 42. we may see in what love God is with the slavery and servitude of his people, who used much means to keep them from it, as you may see there, where speaking of the Jews (God saith) They shall not be sold as bondmen, and the fifth of Nehem. 3, 4, 5, 6, 7, 8, 9. we have the mind of God in these words; & I suppose the reason of that place of Cor. 7. If thou canst be free, choose it rather, is very suitable and consistent herewith. And as it is not denied, but that the boring of the ear was a Ceremony of the receiving, and admission of servants amongst the Jews, yet how the telling us it was a Ceremony, doth disprove it was a Punishment, doth not appear to me; this Doctor tells the world, that the boring of the ear was no painful thing; sure I am, if Maymonie, and other Hebrew Rabbies may be believed (whom in this thing I had rather give credit to, then this Doctor) it was the Jews right ear that was bored, and it was through the middle it was bored, & whether this was painful or no, I had rather this Doctor should be Probationer, then I, who it seems is in so much love with Servitude, that as he knows not how to live himself in any other Element then this, so he would have no other man so happy as to be out of that condition; And for the place urged by the Doctor out of Psal 40. 6. to enforce his opening about boring the ear that Prophetical saying of David touching Christ, Mine ear hast thou opened, (i. e.) bored (saith he) The Doctor saith it is acknowledged, that the opening of the ear there, doth denote that Christ took upon him the form of a Servant. I do not know how his opinion crosseth mine, for as Christ took upon him the form of a Servant, were not the punishment of our sins laid uphim, and was not his being in the form of a servant, part of that punishment of our sins? Let this Doctor tell me.

But as to the Doctors Explication of the aforementioned place, let him not be offended if I be of another opinion, though he saith it is acknowledged, &c. As if he would persuade the Reader there could be no appeal to a higher Reason, or a Liberty of a just inquiry into the Truth of Scripture beyond his line, and those of his opinion: I conceive it is meant otherwise, and therefore do lay my opinion at the feet of the ingenuous Reader; The words are properly in English rendered thus, Ears to me hast thou digged, (i. e.) opened or fitted, and not Mine ears hast thou opened (i. e.) bored, there is a great difference in sense between the word 〈 in non-Latin alphabet 〉 perforavit, Exod. 21. 6. The word 〈 in non-Latin alphabet 〉 dedit, applicuit, opposuit. Deut. 15. 16. and the word used by the Spirit of God in this place (viz.) Psal. 40. 6. which is 〈 in non-Latin alphabet 〉 effodit, comparavit, though the Doctor would have them be Synonima's, if the Doctor please, he may do E. P. a favor to satisfy him a little better herein, and tell he do it, the opinion of E. P. stands good; for all his pretended self authoritative assertion, and for the close of this Doctors fifth Section, E. P. is not so possessed with a Stoicall Apathy, as not to have a sense of his unsavory Jeare (a Character of the goodness of his cause) and therefore tells him in his own words in another place, upon another occasion,

though there be in his vindication the advantages of many opposite retortions.

The third answer to the Doctors explanation of that place of Exod. 21. 6. That the Jewish Servant did not give up himself to be a slave forever, but his slavery did terminate in the year of Iubite, here the Doctor obstreperously vaunts over his opponent, yet he that takes seriously the weight of this man's arguments, will find (I presume) his virulency and malice poyzing more in the scale, then his reason: I must confess, that if a smooth dialect, and an exquisite texture of words could overcloud a truth, this Doctor can do as much as any towards it: He shall be a slave, &c. it were well the Doctor could afford the servant Jew (whom the Chaldee renders a son of Israel) a better term then slave (this is a word well becoming them that would not out of necessity, but out of choice, and with all their industry make themselves so) it may be the Doctor expounds this place by that in Rev. 18. 19. 〈 in non-Latin alphabet 〉 an apposite word to denominate a slave by, a body without a soul; that served only to keep it from stinking, Tales rationem potius sentiunt quam habent: nec ration uti, nec ratiocinari possunt ut inde eliciant quid agendum, quid fugiendum, I doubt many of this Levites party in these latter times have had the motions of their souls chained to the Galley of their bodies, or at the least they have been partes animatae domini, and have had their souls and reasons quiessent, while the Royal will possessed and acted their bodies as it pleased; who can be fitter tools for the hand of tyranny to hew down the tree of just liberty, then such slaves? but while this Doctor is telling us this Jew was a slave, the truth drops from him unawares, and he tells us pag. 9. and 23. that subjection (which was the condition of this Jewish servant) is far removed from slavery, &c.

But I come to that which the Doctor much sticks at;

but this word (forever) did refer to the year of Jubilee, or the great sabbatick year, where his service to his master did terminate: This Doctor tells the world, these words do not well consist with the words of Moses, Exod. 21. 6. he shall serve him forever, without the least disproof of it, but saying so, yet (though I might rest here, and say over again the same words till this Doctor be able to overthrow this opinion) I shall tell him that this word [forever] hath respect to several times in scripture; Sometimes it signifies till Christ's coming, as Exod. 12. 14. sometimes for a long time, as Prov. 29. 14. Dan. 3. 9. Levite. 25. 40. Psal. 89. 1. with which this (forever) agrees, and sometimes also it doth reach to eternity, as Isaiah 45. 17. But the Doctor saith that this Jew had by a voluntary refusal of his liberty at the Sabbatick year, made himself a slave forever, and had no benefit of any after release, or manumission; he had thereby made himself uncapable of his freedom, and had no possible future remedy though his condition be never so miserable, and he never so desirous of returning to a condition of liberty again; this poor Jew is adjudged by this Doctor to be in a hard condition and so should we all be, if this Doctor could have had his will, and seen the end of his desire; this is but one Doctors opinion, without any proof, the Jew (saith he) did at the Sabbatick year, out of his love to his Master, voluntarily prefer service to his Master, before his freedom, therefore he had no refuge or relief from the year of Jubilee; first he saith it is so, and then he throws a little dirt upon it for proof.

But I must tell this Doctor, that this voluntary Surrender made by the Jew of himself, did not put him in an irreversible condition, if it may be called a voluntary surrender, for (as I take it) this Jew had wife and Children, whom he is said to love, Exod. 21. 5. as well as his master; and I conceive that there was duty and necessity that did call upon him to cohabite with his wife, which was a greater bent upon his will, then his love to his Master, to serve him till they were also free. It seems to me a strange thing for any man to offer to conclude this Jew (who as the Doctor saith) hath voluntarily given up his liberty to his Master at the sabbatick year) should be exempt from the benefit of that 〈 in non-Latin alphabet 〉 Sabbath of rest, That the whole land should have, when there was release of Mortgages and redemption of lands to those that were able, and a freedom gratis to those that were not, Levite. 25. and sure this Jew could not be kept off from the benefit of that Jubilee which was after seven Sabbaths of years, i. e. fifty years. On the tenth day of the seventh month, in the day of Atton • meant shall you make the trumpet to sound throughout all the Land, and you shall hallow the fiftyeth year, and proclaim liberty throughout ALL the Land, to all the Inhabitants thereof, and it shall be a Jubilee to you, viz. Jews, and you shall return EVERY man to his possession, and you shall return EVERY man unto his family, Levite. 25. 9, 10. And I find nothing that hath not in this Chapter the benefit of the year of Jubilee, but the house in the Walled City. and the Stranger, the house in ver. 30. (if it were not redeemed within a year after it was sold) should be stablished to him that bought it forever, throughout all genetations, and not go out at the Jubilee; the Stranger in ver. 45. should be their possession forever, and the inheritance of their Children; but God tells the Jews, as to their brethren they should serve them till the year of Jubilee, and then they and their children should depart, and return into their own possession and family, for saith God, they are my Servants, and they shall not be sold as bond men, ver. 40, 41, 42. and ver. 55. and this is most evident, that he that was able to pay the price of his redemption, might go out at the sabbatick year, and he that was not, should gratis be free at the year of Jubilee. Let this Doctor tell me whether God is not here so great a favourer of the liberty of his people, that he that hath made the most unthrifty bargain for himself, hath the advantage of a time of release: And I shall add for better confirmation of what is here alleged, a little more, (if the word of God needed any earthly advocate) Let this Doctor consult Raschi, Ibn Esram, and Diodati, and he shall find them unaminously say this [forever] in Exod. 21. 6. did refer to the year of Jubilee, and terminate there, and Cornelius à Lapide upon this place hath this Critcisme 〈 in non-Latin alphabet 〉 forever having a Hholem without a. 〈 in non-Latin alphabet 〉 . (as you will find it in this place) signifies till the year of Jubilee, but when it hath a 〈 in non-Latin alphabet 〉 . for its Hholem, it intends a long time, or to eternity, as you may find it to have in the aforementioned place of Isaiah 45. 17. 〈 in non-Latin alphabet 〉 us{que} ad seculum eternitatis, and Buxtorsius renders this word in this place spacium 50. annorum, the space or term of 50. years, the last year whereof was the great Sabbatick year; I hope I have hereby given satisfaction to all unprejudicate Readers; and if this Doctor shall not yet think himself satisfied, I cannot at present do him further service.

But this Doctor saith, That though it were granted to E. P. that this Jew were to be set free at the next Sabbatick year, or the great year of Jubile, pag. 7. of the Doctors Vindication, Sect. 18. yet E. P. could not avoid his concludency of the lawfulness of passing away his freedom, which (saith he) in another place in his Vindication includes his all but Life. But yet though E. P. did acknowledge Liberty might be exchanged upon Adequate consideration, as is acknowledged by this Doctor, Pag. 8. Sect. 28. This Dr. must know, That when the Jew did pass away his Freedom, &c. to his Masters Will, it doth not appear that his Master had any power of his possessions, which (in the Doctors sense) is part of his Freedom, and his All by his making himself a slave, for in Livit. 25. 41. when the servant Jew was set free from his servitude, he was to RETURN to his own Family, and to return unto the possession of his Fathers; which word [Return] doth clearly manifest that his possessions were out of his Masters power or liberty of dispose, and as to the Jew himself, his Master had but the bare usu-fruit of him, not that causalis usus fructus, whereby the Civilian intends propriety, for he was not his Lord proprietary; what is the design of this Doctor by this opinion of the Jews freedom, being wholly in his Masters power without release, is easily seen, it is but by way of parallel, to put our Persons and Estates in the absolute dispose of the Royal Will without possibility of recall.

I now hasten to wash E. P. from the stains that this Doctors Pen hath bespattered him with in his second Point, concerning the power of life, which man hath over himself: And here I must profess to the world (as well as this Doctor) that I should have little thought E. P. should be rendered to the world, a man that held Self-murder lawful, an opinion point blank contrary to the sixth Commandment: They that read Eutactus Philodemius his Book will (I am sure) find the contrary in express terms, in the 18, 19, 20. pages of his Book; and to this puopose is this Doctor, who is his Adversary therein, become his Advocate, pag 11. of his Vindication, and Sect. 28. before mentioned, viz. That no man hath power of life committed to him, but the Magistrate.

I am not willing to take up every excess of this Doctors excrementitious Pen, his malice hardly admitting of definitive bounds; or to tell him where he doth but say over again what E. P. said before; Now not to speak here of that duty and necessity that lies upon men to lay down their lives for Christ, or when they do Heroically hazard the same for their Countries good, &c. which is acknowledged by E. P. and infisted upon needlessly by this Doctor, 15, 16, 17, 18, 19. pages of his Vindication. I hasten to tell the Reader first the Opinion E. P. held, and then the Occasion thereof: You may find E. P. his Opinion to be this, pag. 19. which is set down by way of Question, (viz)

The innocence of this Opinion (I hope) needs no Apology, notwithstanding the slanderous Tongue and Pen of this man, whom I challenge to show a contrary opinion to this asserted by E. P. Or that there are any such words in Terminis asserted by him, as this Doctor doth charge him withal; Well Doctor, now you have slandered, to make the world believe you in your slander, must be your next design. And truly (Sir,) one of your profession, that had not the conscience to forbear the first, I fear may have too much credit with them that believe lies in the last. But Doctor take heed, the Fly that biteth the Tortois breaketh her beak, and if you spurn and bite against Truth, it will at length make you repent; your own Pen is a better friend to Truth then you would have it be, which (after all your malice) will not be silenced from clearing the innocence of E. P. See Vindic. pag. 11. Sect. 28. before mentioned.

The occasion of Eutactus Philodemius speaking of the Point before-mentioned, was this: He had before spoken of the original and end of civil powers, and urged that the people were the first, and common seat and subject of all Civil Powers, and now he was speaking how the Magistrate was the proper and formal subject or receptacle of this power from the people, who are the immediate root (next to God) of this formal power in the Magistrate; for the better clearing whereof, I add thus much out of Fortescue, Chief Justice, and afterwards Chancellor to Hen. 6. His words are these.

And a little before he saith, And Contzen, in lib. 5. pol. c. 8. Parag. 5. &c. Upon that place of Scripture, Non est potestas nisi à Deo, i. e. There is no power but of God (saith he) And this Dr. will find further. that the i. e. right of making Laws, or a legislative power (which infallibly includes power of life) that greatest Ingredient of Supremacy) is in and every man almost knows that Legis virtus est imperare vetare, permittere PUNIRE (which I suppose this Doctor will confess doth include power of life) & premio afficere; and Contzen tells you that he is not alone of this opinion, but many other learned men, and he gives this reason for his own opinion, nullus in alium habet potestatem, nisi aliena voluntate vel delicto, to which I will add that of Bracton lib. 1. cap. 4. propter delictum vel pactum non servatum privatur quis jure suo, and it is true, par in parem non habet potestatem, and saith he further, no man can claim this power of making laws, and of life naturally to be in himself either by virtue of Seniority, Primogeniture, or paternal right, as his due; the people first had it in themselves, and they give it their Governors: I suppose he that will but compare what is here asserted with the opinion of E. P. in page 19. will find no discord between them, as is most evident in the case of the ten men in the freedom of nature, 9. whereof did spontaneously subject themselves to the 10 ^th . to be governed by him, according to such Laws as should be for mutual good, and against mutual Injuries; one of the nine kills his fellow subject, the tenth man, whom his own Vote and Consent (amongst the rest) set up to be a Magistrate, and empowered to make and execute Laws, put him to death: now in what measure the power of life is derived to the Magistrate, from the Consent and vote of the people, is easily concluded by rational men; and though this interested Doctor doth undertake to make good in his said vindication, This being (as I take it) more then he acknowledges elsewhere in his Pamphlet to the General and Council of war (called his Address) I shall show you how the Ingenuity of this Doctor or his pen hath gone a little further, in his late Book, viz. wheresoever supremacy of Power is placed by the laws of a Kingdom, there subjection is required, &c. from both which I shall urge thus much, Power of life is an ingredient (yea the greatest ingredient of supremacy, as this Doctor acknowledges) Supremacy is vested in the Magistrate by the laws, and the Laws are made by the people (that is) collectively or representatively; how then can this Doctor deny the people to derive any power of life to the Magistrate: it cannot be denied but God's approbation must concur to the right vesting of this power of life in the Magistrate, yet doth it not appear but that God hath invested them with this power naturally. The magistrate can make no law whatsoever that can be good, which is not either express or implied in the revealed will of the great Lawgiver, his work is only to regulate and dispose all human actions to the Common benefit and preservation of that public society over which he is, and to be an instrument of Terror to those that will not submit to the Laws held forth by God for the benefit of mankind: Laws are made for to be the common standard & measure of men's actions, & for the coertion of their wills, offending right Reason, and consequently transgressing the Will of God, the fountain thereof; and the Civil Magistrate is the instrument whereby that is done, and hath his immediate mission from the people for that end, and approbation from God, or his permission at the least, either of which (in respect of them that are subjects) is sufficient to make him a Magistrate to command obedience and compliance in order to these ends. This was the Author of E. P. his opinion in other words, as the Reader may easily find in the 18, 19, 20. pages of that Book. The place of Scripture to make his opinion good, Rom. 5. 7. is acknowledged by this Doctor, 21. page of his Vindication, Sect. 55. wherein he is of that Authors mind: I must come to this close (when I consider this Doctors Vindication) and am of this opinion, that he was resolved to charge the Author of E. P. with two contradictory opinions, and with holding an opinion, that Self-murder was lawful though he proves neither, but what matters that, let E. P. clear himself as well as he can: Well done Dr. you are not it seems unacquainted with the Principles of Nicholas the Florentine. I need not tell you the rest of his name. I have done with you, hoping the Lord will never put me into the hands of so uncandid an adversary again, though I know the drift and design of your book was against them that have crossed your Court-expectation, and have not listened to the charms of your late Address, rather then against E. Philodemius.

And now (Reader) having done with this uncandid Antagonist, I turn myself to thee, and wish thee, if well-affected (as for others, I leave them their own way) to a civil Government, and there-under to enjoy thyself, and thy properties in peace, according to that natural instinct that is in every sociable rational creature, that thou wilt not be carried away with the subtle insinuations of them who are Wolves in Sheeps clothing, and lie in wait to deceive thee concerning the present Powers, and their Assertors; make use of thine own Reason, and be not hurled to and fro with the swinge and wrapped of that Billingsgate Rhetoric, which proceeds from such as this Doctor and his party, who choosing to avoid the naturnal and sober course of Reason, make Railings their Reasonings against any that stand in the way to their Interests and Ends. This Doctor by a plausible Tongue and Pen hath done much mischief in his way; his course of writing hath been like the Waterman, who looks one way, and rows another; Let any man almost judge of him that hath heard of him, or knows his Writings, whether though he gives the good man his left hand of profession, the profane Cavalier hath not his right hand of fellowship; with that he is homogeneous in profession, with this he incorporates; in his heart there is Royalty effigiated, and his spirit is ductile only to that Interest, though with the pen of an Artisan he delineates and holds forth the fair face of Religion, and would be thought to be Indenizened her subject. I seriously think that Story of the Batt is most apposite to this man; The Batt when he came among the birds; they would not own him, because he had feet and teeth like a beast, and when he would be entertained among the beasts, they would not own him, because he had wings like a bird. It hath been the unhappy privilege of this man's parts, not so much to act, as to teach disobedience to the present Authoririty and Powers, and therefore I think that each fault in him (and such as he is) is not so much a Crime, as a Rule of error, and a president to do evil. I shall now take my leave of thee (Reader,) and with a word touching present Powers, (not the lawfulness of obeying it, that is already proved▪) but the commendableness of it, though in some things it may use power irregularly. Thou wilt say, That though Oppressers are removed, yet Oppression in a great measure remains still; for heretofore we had good Laws, but bad Magistrates, and therefore could not expect that security to our persons and properties as was due to us. But now thou wilt say, we have good Magistrates, as well as good Laws, what hinders our Jubile of Peace, freedom, plenty, and security. I shall give thee this one answer. That thou must not expect while thou livest an even and a perpetual tenor of happiness in the enjoyment of a thoroughly well-tuned Government; the finest, and most refined on earth will have some course thread of irregularity, nay, of Oppression in it, it will have its Remissions and Intentions, some mixture of bad with good; Art thou not freed from much Oppression, Tyranny, and lawless Intrenchments, upon soul and body? therefore bear a little, and forbear: The best of Magistrates, though called God's, are but men, and shall die like men. Think that some inconveniences and mischiefs (like Ivy, twisting itself about an Oke) will stick to the best of Governments, and that a Rose hath its prickles as well as its flowers. I must confess that that State is in a sad case, which is like that under the late King, whose Diseases, and distempers are (as the Physician saith in another case of the natural body) Chronick and continuate, or settled, not errant, but fixed and grown to a habit, which no rational man can say of the present Government, it being too young for malice to stain it with such an Ignominy. I have now done with thee, only I desire that thou wilt dismiss me, with thy favorable censure of a well-meaning man, and that I did my best to satisfy thee, and I must tell thee also thus much, that though I did not what I ought, yet I did what I could.