killing the governor and some great officers in the sedition. Sometimes the criminals were decimated by lot, as appears in Polybius', Tacitus m, Plutarch", Appiano, Dio P, Julius Capitolinus 4, who also mentions a centesimation. And the reason of this equity Cicero well discourses in his oration, "pro Cluentio,'" ut metus ad omnes, poena ad paucos perveniret;"" that some may be punished, and all may be made to fear: for the soldiers being made to fear the bigger fear of their general, would never fear the less fear of the enemy," who does not strike so surely as the executioner; and therefore they might afterward become good men and good citizens. But because in public offences the cases may be different, they are by this measure reduced to reason.

13. If the tumult or war be by the command of magistrates, the people are to be affrighted, or admonished, but the com manders only are to be punished, "Ne alieni admissi pœnam luant, quos nulla contingit culpas." For the people are soon commanded by him that stands next above them. And therefore since to obey is like a duty, it is not easily to be reckoned to a real crime, and the greatest punishment.

14. But if the fault be done by the people without authority or excuse, but just as fire burns a house by chance, or water breaks a dam by its mere weight, then it is to be considered whether the criminals be many or few; if few, they may all be punished without breach of equity, upon the account of the rule of the law t, "Quæ pœna delictis imposita est, si plures deliquerint, à singulis in solidum debetur." But if many were in the crime, then the rule of equity and the gentleness of the lawu are to take place, "Ut pœnæ interpretatione potius molliantur, quam exasperentur;” “a few should be punished for all the rest," " ut supersint quos peccâsse pœniteat." For it is of great avail for the public interest, that as some be cut off, so some should remain alive, that they may repent. And in this sense is that of Lucan,' quicquid multis peccatur, inultum est.

Besides that it is evil to the commonwealth to lose so many subjects; it is also sometimes dangerous;

sed illos

Defendit numerus junctæque umbone phalanges Y.

The determination of these two particulars I learn from Cicero2 in his oration pro Flacco: "Vobis autem est confitendum: si consiliis principum vestræ civitates reguntur, non multitudinis temeritate, optimatum consilio bellum ab istis civitatibus cum populo Romano esse susceptum:" "If the nobles govern your cities, then the nobles made the war, and the people are innocent;"" sin ille tum motus est temeritate imperitorum excitatus, patimini, me delicta vulgi à publica causa separare;" "but if the rabble did the fault, the city is not to be punished; it is not a public offence;" "Multitudo peccavit, sed non universitas." For a rabble does not make a city, a people, or a republic; for to make this, it must be "cœtus qui jure aliquo continetur," a multitude under government, and a legal head.

15. But if both the magistrates and the people be in the offence, " culpa est penes paucos concitores vulgi," said C. Decimius; it is better that the ringleaders and the boutefeus should lie at stake, and feel the severity, while the others are instructed and preserved by the gentleness of laws and princes.

There are some other questions and cases of conscience concerning penal laws; but they can with more propriety be handled under other titles, and therefore I shall refer them to their several places. But for the likeness of the matter, I have here subjoined some rules concerning the measures and obligations of conscience in the matter and laws of tribute.

OF LAWS OF TRIBUTE.

RULE VIII.

The Laws of Tribute are moral Lares, and not penal, except it be by Accident; and therefore do oblige the Conscience to an active Obedience.

1. HIM to whom we pay tribute, we owe obedience to. It is St. Paul's argument to prove that we ought to obey the y Juv. ii. 45. Ruperti. z Cap. 24. Beck. vol. 4. pag. 61.

a L. Mentum. sect. Animadvertendum. ff. quod, met. caus. b Rom. xiii.

powers that are set over us, because to them we pay tribute; which tribute is not introduced by tyranny, but is part of that economy by which God governs the world, by his deputies and lieutenants, the kings and princes of the earth. "Neque quies gentium sine armis, neque arma sine stipendiis, nec stipendia sine tributis haberi queunt," said Tacitus; "No peace without laws; no laws without a coercitive power; no power without guards and soldiers d; no guards without pay:" and that the soldiery may be paid, and the laws reverenced, and the power feared, and every man's right be secured, it is necessary that there be tribute. "Ut sit ornamentum pacis, subsidium belli et nervus reip. tributum est pecunia populo imperata, quæ tributim à singulis proportione census exigebatur," said Varro. But besides this, the very paying tribute is the sign and publication of our subjection. It is giving him that which is his own: for he that coins the money, hath the power of the law, and this from the custom of the world for many ages. The Persians first imprinted the figure of their prince upon their money, after them the Greeks: hence were those names of coin, the darics and philippics; for the money having the impress and figure of the prince, the name and the value from the prince, is a seizure and solemn investiture in the government of that people; and our blessed Lord was pleased from hence to argue, that therefore they ought to pay tribute to Cæsar; because what way soever he came first to it, Christ does not there dispute, but he was over them, and he protected them in peace, righted their causes, relieved their oppressions, stamped their money, gave value to that and protection to them, and therefore they were bound to pay their tribute. It was res Cæsaris,' as he was pleased to call it, the things of Cæsar ;' it was due to him for the public ministry of justice and this is also urged by St. Paul; "for they are God's ministers, watching for this very thing," that is, for your good; and therefore are to be maintained according to the dignity of that ministration.

2. Now as we owe tribute to whom we owe obedience, so we owe obedience to whom we owe tribute: that is, if we

c Histor. iv. cap. 74. Oberlin. vol. 2. p. 307. Lond. ed.

d Ad hoc tributa præstamus, ut propter necessaria militi stipendium præbeatur, S. Aug. lib. 22. cap. 74.-Cap. Faust. Manich.Cicero pro lege Manilia.

have authority to exact tribute, we are bound in conscience to pay it. It is a law as much obliging the conscience as any other. Numus or Nummus from Numa, say the Roman critics; because King Numa first stamped money against them. But I suppose it is from a Greek fountain, Numus and Numisma from νόμισμα, and that says Aristotle is ἀπὸ To vóμou, from the law: for he that stamps money, gives the law; and amongst others, and for the defence of all laws, this law of paying money to him by way of tribute, is obligatory.

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3. And the case does not differ by what name soever it be imposed: vectigal,' tributum,' census,' Tλos, pógos, were the words amongst the Greeks and Latins, and did signify portions of money paid from lands, from merchandize, for heads, excisum quid,' something that is cut off' from the whole, for the preservation of the rest; that is excise-money: but whatever the words be, St. Paul reckons them all to be Tas opsλas, due debt:' and therefore arodore saith our blessed Lord f; 'Amodore, saith St. Paul, Restore or pay it ;' it is a debt due by the ordinance of God. It is all but tribute; even the census, or poll-money, is tribute: so it is called by Ulpian 5, tributum capitis ;"" the tribute of the head." The same use of the word I have observed out of Ammianus and Tertullian. This I the rather note, that I might represent the obligation to be all one by the law of God, though the imposition be odious, and of ill name amongst the people, according to that saying of Tertullian h;" Si agri tributo onusti viliores hominum capita stipendia censa ignobiliora ;" "Fields under contribution are cheaper, and men under a tax are more ignoble." Angaria' is another sort of tribute; an imposition of work and upon the labours of the subject. It is indeed the worst and the most vexatious; but it is species tributi,' a kind of tribute,' and due by the laws of religion, where it is due by the laws of the nation: and therefore those persons are very regardless of their eternal interest, who think it lawful prize whatever they can take from the custom-house; whereas the paying of tribute is an instance of that obedience which is due to them that are set over us, "not only for wrath, but also for conscience' sake;" and St. Matt. xxii. 21. Rom. xiii. 7. h In Apolog.

e Ethic. 5. cap. 5. Wilkinson, pag. 203. L. 3. ff. de Censibus.

Paul never uses the word conscience,' but when it is the concern of a soul. It is St. Ambrose'si observation, who also uses this argument, "Magnum quidem est et spirituale documentum, quo Christiani viri sublimioribus potestatibus docentur esse subjecti, ne quis constitutionem terreni regis putet esse solvendum? Si enim censum Dei Filius solvit, quis tu tantus es qui non putes esse solvendum ?” "It is a great

and a spiritual doctrine, that Christians be subject to the higher powers. For if Christ paid tribute, what art thou, how great, how mighty, that thou thinkest thou art not obliged ?"

RULE IX.

The Laws of Tribute have the same Conditions, Causes, Powers, and Measures, with other Laws of Government.

I. THIS rule requires, that k the authority be supreme,that the cause be just,—that the end be public,-that the good be general,—that the people receive advantage. Which is to be understood of tribute, which is not penal, nor compensatory. For sometimes tributes are imposed upon a conquered people as fetters upon a fugitive, to load him that he run away no more; or to make amends for the charges of a war. If they were in fault, they must bear the punishment; if they did the evil, they must suffer the evil; that, at the charge of the conquered, themselves also shall enjoy peace. So Petilius said to the Gauls m; "Nos quamquam totiens lacessiti, jure victoriæ id solum vobis addidimus, quo pacem tueremur," "You have provoked us, and we have conquered you; and yet have only imposed the punishment of so much tribute on you, that at your charge we will keep

i In 1. Reg. 14. 11. q. 1. cap. 28.

k Vectigalia, sine imperatorum præcepto, neque præsidi, neque curatori, neque curiæ constituere, nec præcedentiæ reformare, et his vel addere, vel diminuere licet: ff. de Publican. lib. 10.-Vectigalia novo nec decreto civitatum institui possunt, Sever. C. Vectigal. Nov. Instit. non poss. lib. 2.—et Gallien. 1. seq. ait, Non solent nova vectigalia inconsultis principibus institui.-Placet nullum omnino judicem de cætero provincialibus inferendum aliquid indicere, ut ea tantum sedulo cunctorum studio pensitentur, quæ canonis instituti forma complectitur, vel nostra clementia decernit inferenda, vel delegatione solemniter sanciente, vel epistolis præcedentibus: Constantin. lib. 8. cap. de Excusat. mun. lib. 10.

1 Deut. xx. 11.

in Tacit. Histor, iv. cap. 74. Brotier, Valpy's ed. vol. 3, pag. 328,