Obfervation.

W Hether David did well in marrying a Maide; and whether it be lawfull for an old decayed and impotent man to marry a young woman; or on the other fide, for an old worne, and decrepite woman to marry a young and lufty man.

ARG.

For the Affirmative.

The end of marriage is Society and mutuall comfort; but there may bee Society and mutuall comfort in a marriage betwixt an old and young party. Ergo 'tis lawfull.

Anfw. Society and comfort is an use and effect of marriage; but none of the principall end is of marriage, which are :

1. Procreation of Children, and fo the continuance of mankind. Avoiding of fornication.

2. The

As for comfort and fociety, they may be betwixt man and man, women and women where no marriage is, and therefore no proper ends of marriage.

The Negative.

ARG. I. That conjunction which hath no refpect to the right and proper ends, for which marriage was ordained by God, is no lawfull marriage. But the conjunction betwixt an old impotent, and young party hath no respect to the right end for which marriage, was ordained by God. Therefore it is no lawfull marriage.

2. No contract, wherein the party contracting, bindeth himselfe to an impoffible condition, or to doe that which he cannot doe, is good, or lawfull. But the contract of marriage by an impotent perfon with a young party bindeth him to an impoffible condition to doe, that which hee cannot doe (viz.) to performe the duties of marriage; Therefore it is unlawfull.

For the fame caufe, the civill law determineth a nullity in these marriages, except the woman know before the infirmity of the man, in which cafe the can have no wrong, being a thing done with her owne knowledge and confent because Volenti ne fit injuria:-In legem Iulian. de adulterriis leg. Si uxor &c.

It provideth further for the more certainty of the infirmity, that three yeares bee expired before the diffolution of the marriage, because that men, that have beene infirme at the first, by reason of fickneffe, or fome other accident, afterwards proved to bee fufficient: De repudiis leg. in caufis.

I.

I

Defence for DAVID in marrying ABISHAG,

T was rather a Medicine then a marriage, without any evill or difordered affection.

2. It was by the perswasion of his Nobles and Phifitians.

3. It

3. It was for the publique good to prolong the life of a worthy Prince. 4. It was with the knowledge and confent of the young Maid, who was made acquainted with the Kings infirmity, and to what end fhee was married unto him; who if fhee did it for the Common good, and for duties fake, having withall the guift of continency, fhee is to bee commended; if for ambition, or fome vaine refpect, it is her owne, and not Davids fault.

Politicall Nobility.

Adoniah afpiring to the Kingdome.

Irft, tooke the advantage of Davids affection and kindneffe towards him, and made him fecure of any ill dealing.

FH

Secondly, of his age and infirmities, difabling his father as unfit for Go

vernment.

Thirdly, blazed his title, and right to the Crowne.

Fourthly, got him Chariots, Horsemen, and Footmen, and a guard to

make fhew of State.

Fiftly, being a comly and goodly perfon, made a Popular fhew of himfelfe, and his qualities.

Sixthly, joyned to himselfe in faction Ioab, the Generall of the army, who was in difpleasure for murdering of Abner and Amafa, and feared that David would fupply Benajah into his place, and fo was discontented. And Abiather the high Prieft, that was likewise discontented with David, for the preferrement of Zadoch.

Seventhly, had meetings with them, and other his confederates, under pretence of a vow and offering at the Fountaine of Raguell, in the confines of Iudæa.

Eightly, made a fhew of Religion by Sacrificing, &c.

Ninthly, made himselfe familiar with the Nobles and people, and entertained them with feafting.

Tenthly, drew into his part the chiefe officers of the Court, and Servants to the King, by Rewards, Familiarity, &c.

Eleventhly, difgraced and abafed the Competitour, and fuch as hee knew, would take part with him, and concealeth his ambition, and purpofe from

them.

Twelfthly, had Ionathan a favorite of the Court, and neere about the King to give him intelligence, if any thing were difcovered, and moved at the Court, whileft himselfe was in hand about his practise.

Obfervations.

Wayes of fuch as afpire to the Kingdome, and Markes to difcerne them. First, they wind into Princes favour, by fervice, officioufneffe, flattery, &c. to plant him in a good opinion of their loyalty and faithfulneffe, thereby to make him fecure of their practises.

2. They

2. They take advantages of Princes infirmities, age, impotency, negligence, fexe, &c. And worke upon that by disabling the Prince, and fecret detracting of his person and Government.

3. They blaze their Title, and claime to the Crowne, (if they have any) with their friends, and favourers.

4. They provide them in fecret of extraordinary forces and furniture for the warres, make much of good fouldiers, and have a pretence (if it bee efpied) of fome other end, as for the Kings honour, or fervice, and to bee in readines against forraine enemies, &c.

5. They make open fhew of their best qualities and comlines of their perfon (which though it bee vaine as a dumbe fhew, it is very effectuall to winne the liking of the popular fort, which according to the rule of the election of Kings, in the Bees Common-wealth; thinke that Forma eft digna imperare) Activity, Nobility, Ancestry; &c.

6. To have their blazers abroad to fet out their vertues, and to prepare their friends in every Province.

7. To draw into their part, and make fure unto them, of the chiefe Peeres, and men of beft quality, fuch as are mightieft, and moft gratious with the Souldiers, and the Military men, and moft fubtill and politique, especially fuch as bee ambitious, and difcontent with the State.

8. To have meetings for conference under fome pretence of fome ordinary matter in fome convenient place, not too neare, nor too farre off, but where friends may best refore and affemble unto them without fufpition.

9. To take up a fhew and pretence of Religion more then before, and beyond the practife of their former life.

10. They use popular curtefie (which in a great perfon is very effectuall) feafting, liberality, gaming, &c.

11. To bee over liberall, and winne to them by guifts, familiarity, &c. the chiefe Officers of the Court, and Governours of Shires.

12. To have fome neere about the Prince, to keepe them in credite, and remove fufpition, if any rife.

13. To difgrace fuch as they know to bee fure and faithfull to the Prince, and prefent State, or to the Competitour, and to bring them into contempt by flander, detraction, and all meanes they can, and to conceale the defignes from them, least they bee discovered before they bee ripe.

14. To have fome fpie neere about the Prince, to advertise them if any inkling of fufpition arife whileft themselves are practising.

Note the practises of Abfolon: 2. Sam. Chap. 16. and of Cyrus minor, in Xenophon: Tepiavaba puãs cap. 1.

Politicall

I.

Political Prince.

David being a most worthy and excellent Prince for wisdome, valour, religion, and juftice, and fo bigbly deferving of the Common-wealth, yet growne into age, grew witball into contempt, and had many, both of his Nobles and Common-people, that fell from him; firft with Abfolon, then with Adoniah, who affected the Kingdome and rebelled against him: For remedy whereof, bee stirred up himselfe to publique actions which might fhew his vigour and fufficiency to manage the affaires of his Kingdome.

"A

Fter the victory against Abfolon, he forced himselfe to forbeare mourning, and fhewed himfelfe to his discontented Army, when all were like to fall from him, for his unreasonable forrow and lamentation for his Sonne.

2. After the victory, hee caused a generall convention to bee affembled of the whole nation, to bring him home with honour to Ierufalem, which was a renewing and re-establishing of him; 2. Sam. 19. 12.

3. Hee gave an experiment of his power and authority, by depofing a perfon of great authority and eftimation, to wit, Ioab, Generalf Captaine of the Army, and advancing Amafa to his place.

4. Hee sent kind Meffengers to Ierufalem, and to other chiefe and head Townes, and speciall men of Iudea, his contributes, putting them off their alliance with him, with these words, that they were of his owne flesh and bloud, with proteftation of his speciall love and affection towards them, to provoke them with like kindneffe and affection towards him.

5. Hee affembled a Parliament of his whole Realme, and tooke occafion upon the defigning of his Succeffour, to commend unto them the fucceffion of his Houfe, and the continuance and maintenance of Gods true worship and religion, then established, and gave a grave and publique charge to his Succeffour, now defigned, touching the manner of his government, and maintaining of Religion, 1. Chron. 12. 13.

6. Hee fhewed his bounty and magnificence in congefting matter for the building of the Temple, as gold, filver, braffe, &c. And caused it to bee published and made known to the Parliament and whole Nation, 1. Chron.

22. 13.

7. Hee revived the Church Government, and fet it in a right order, affigning to every Church Officer his place and function.

8. Hee fuppreffed the faction of Adoniah, and ordained Solomon his Succeffour; 1. Reg. 1. 22. By thefe meanes, hee retained his Majefty and authority in his old age, as appeareth by th' effect; for that being bedrid, hee fuppreffed the faction of Adoniah, (which was growne mighty, and was fet on foote) with his bare commandement, and fignification of his pleasure, and fo he died in peace.

The

The Forme of GOVERNMENT of the KINGDOME of ENGLAND, collected out of the fundamentall Lawes and Statutes of this Kingdome. Wherein is manifefted the customary Uses of the Kings of England upon all Occafions, either of Marriage, Peace or Warre, to call their Peeres and Barons of the Realm to be partners in Treaties, and to give their juditious Advice; the State and Security of the whole Kingdome depending upon fuch Counsells and Determinations: Likewife the Names of the Kings, and the Times when fuch Parliaments were called, and the Acts that paffed upon those and the like Occafions.

Published for the fatisfaction of all thofe, that defire to know the manner and forme of the Government of the Land, and the fundamentall Lawes of the Kingdome.

T

O fearch fo high as the Norman Conqueft, it is neceffary to lay downe the forme of Government of those Times, wherein the State of affaires led in another forme of publique Councels; For the people (wrought under the Sword of the firft William *, and his followers, to a fubjected Vaffalladge) could not poffeffe in fuch Affemblies the Right of their former Liberties, Divifions and Power having mastered them, and none of their old Nobility and Heads, being left either of Credit or Fortunes.

What he retained not in Providence as the Demeafnes of the Crowne, (or reserved in Piety (as the maintenance of the Church) he parted to those Strangers that fayled along with him, in that Barque of his Adventure +; leaving the Natives for the moft part (as it appears by his Survey) in no better Condition, then Villany, moulding their Cuftomes to the manner of his owne Countrey; and forbore to grant the Lawes of Saint Edward, fo often called for §.

To fupply his occafions of men, money, and provifion; hee ordered that all thofe, that enjoyed any fruit of his Conqueft, fhould hold the Lands proportionable by fo many Knights fees of the Crowne; admitted to enfeoffe VOL. II.

I i

William the Conqueror. † Edmerus. § Huntington.

their