Answ. This is not true, when the power is given for the conservation of the Kingdom, and is abused for the destruction thereof, for a power to destruction was never given, nor can it by rational nature be given. 2. Mortifications given to religious uses by a positive law, may be recalled by a more divine and stronger law of nature, such as is this: I will have mercy and not sacrifice. Suppose David of his own proper heritage, had given the Shewbread to the Priests, yet when David and his men are famishing, he may take it back from them against their will. Suppose Christ man had bought the Corns, and dedicated them to the Altar, yet might he and his Disciples eat the Ears of Corn in their hunger. The vessels of silver dedicated to the Church, may be taken and bestowed on wounded Soldiers. 2. A people free may not, and ought not totally surrender their liberty to a Prince, confiding on his goodness; 1. Because liberty is a condition of nature, that all1 men are born with, and they are not to give it away, no not to a King, except in part, and for the better, that they may have peace and justice for it, which is better for them, hic & nunc. 2. If a people trusting in the goodness of their Prince, enslave themselves to him, and he shall after turn Tyrant; a rash and temerarious ⟨p. 120⟩surrender obligeth not, Et ignorantia facit factum quasi involuntarium: Ignorance maketh the fact some way unvoluntary; for if the people had believed that a meek King would have turned a roaring Lyon, they should not have resigned their liberty into his hand; and therefore the surrender was tacitly conditional to the King as meek, or whom they believed to be meek, and not to a tyrannous Lord; and therefore, when the contract is made for the utility of the one party, the law saith their place is for after wits, that men may change their mind, and resume their liberty, though if they had given away their liberty for money, they cannot recall it; and if violence made the surrender of liberty, here is slavery, and slaves taken in war so soon as they can escape, and return to their own, they are free. D. Sect. item. e• Justit. de rerum divin. l. nihil. F. de capt. l. 3. So the learned Ferdin. Vasquez illustri. l. 2. c. 82. •. 15. saith, The bird that was taken, and hath escaped, is free;
Answ. This is not true, when the power is given for the conservation of the Kingdom, and is abused for the destruction thereof, for a power to destruction was never given, nor can it by rationall nature be given. 2. Mortifications given to religious uses by a positive law, may be recalled by a more divine and stronger law of nature, such as is this: I will have mercy and not sacrifice. Suppose David of his own proper heritage, had given the Shewbread to the Priests, yet when David and his men are famishing, he may take it back from them against their will. Suppose Christ man had bought the Corns, and dedicated them to the Altar, yet might he and his Disciples eat the Ears of Corn in their hunger. The vessels of silver dedicated to the Church, may be taken and bestowed on wounded Souldiers. 2. A people free may not, and ought not totally surrender their liberty to a Prince, confiding on his goodnesse; 1. Because liberty is a condition of nature, that all1 men are born with, and they are not to give it away, no not to a King, except in part, and for the better, that they may have peace and justice for it, which is better for them, hic & nunc. 2. If a people trusting in the goodnesse of their Prince, inslave themselves to him, and he shall after turn Tyrant; a rash and temerarious ⟨p. 120⟩surrender obligeth not, Et ignorantia facit factum quasi involuntarium: Ignorance maketh the fact some way unvoluntary; for if the people had beleeved that a meek King would have turned a rouring Lyon, they should not have resigned their liberty into his hand; and therefore the surrender was tacitely conditionall to the King as meek, or whom they beleeved to be meek, and not to a tyrannous Lord; and therefore, when the contract is made for the utilitie of the one party, the law saith their place is for after wits, that men may change their minde, and resume their liberty, though if they had given away their liberty for money, they cannot recall it; and if violence made the surrender of liberty, here is slavery, and slaves taken in war so soon as they can escape, and return to their own, they are free. D. Sect. item. e• Justit. de rerum divin. l. nihil. F. de capt. l. 3. So the learned Ferdin. Vasquez illustri. l. 2. c. 82. •. 15. saith, The bird that was taken, and hath escaped, is free;
- 1A surrender of ignorance and mistake, is some way unvoluntary and obligeth not.
