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doublet and hose, when another man cannot be without a cloak, and yet have no more clothes than is necessary for him.

XXIV. o CONFESSION.

1. IN the time of parliament it used to be one of the first things the house did, to petition the king that his confessor might be removed ; as fearing either his power with the king, or else, lest he should reveal to the pope what the house was in doing, as no doubt he did, when the Catholic Io cause was concerned. 2. The difference between us and the papists is, we both allow contrition, but the papists make confession a part of contrition; they say, a man is not sufficiently contrite, unless he confess his sins to a priest. 3. Why should I think a priest will not reveal confession? I am sure he will do any other thing that is forbidden him, haply not so often as I. The uttermost punishment is deprivation. And how can it be proved, that ever any man revealed confession, when there is no witness? And no 20 man can be witness in his own cause. A mere gullery. There was a time when 'twas public in the church, and that is much against their auricular confession.

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THE greatest conjunction of Saturn and Jupiter happens but once in eight hundred years, and therefore astrologers l. 24. The greatest conjunction &c.] “Conjonction en Astronomie Se

dit de la rencontre apparente de deux astres ou de deux planètes dans le même point des cieux, ou plutót dans le même degré du zodiaque.

can make no experiments of it, nor foretell what it means; not but that the stars may mean something, but we cannot tell what because we cannot come at them. Suppose a planet were a simple, or an herb; how could a physician tell the virtue of that simple, unless he came at it, to

apply it?

XXVI.
CONSCIENCE.

I. HE that hath a scrupulous conscience, is like a horse that is not well wayed"; he starts at every bird that flies out

of the hedge. 2. A knowing man will do that which a tender con

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The conjunction of Saturn and Jupiter, placed by astronomers among the grand conjunctions, happens once in every twenty years. A less frequent conjunction, placed among the very grand, is that of Saturn, Jupiter, and Mars, which happens once in every five hundred years. See Diderot and D'Alembert, Encyclopédie, under heading Conjonction. If Selden is writing of astrological conjunctions (as it would appear he is, from the remarks which follow) see, on the whole passage, Planetarum prima diversitas est in virtutibus propriis. Nam Saturnus est frigidus et siccus, et omnis pigritiae et mortificationis et destructionis rerum causativus per egressum siccitatis et frigoris. Mars vero est corruptivus propter egressum caliditatis et siccitatis et isti duo planetae nunquam faciunt bonum nisi per accidens; sicut aliquando venenum est bonum per accidens . . . Habent autem planetae virtutes alias a signis . . . . et iterum penes aspectus, qui sunt conjunctio, oppositio, etc. Conjuncti dicuntur planetae, quando sunt in eodem signo oppositi, quando unus est in septimo abalio . . . . Quando vero malus opponitur aut conjungitur malo, tunc magnum malum est, &c. R. Bacon, Opus Majus, p. 237–8. l. 9. well wayed;| Explained in Bailey's Etymological English Dict. “to way a horse is to teach him to travel in the way.' ‘Way'd Horse (with horsemen) is one who is already backed, suppled and broken and shows a disposition to the manage.’ E

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scienced man dares not do, by reason of his ignorance; the other knows there is no hurt: as a child is afraid to go in the dark, when a man is not, because he knows there's no danger. 3. If we once come to leave that out-loose, as to pretend conscience against law, who knows what inconveniency may follow P For thus, suppose an anabaptist comes and takes my horse; I sue him, he tells me he did according to his conscience; his conscience tells him all things are 1o common amongst the saints, what is mine is his ; therefore you do ill to make such a law, if any man take another's horse he shall be hanged. What can I say to this man? He does according to his conscience. Why is not he as honest a man, as he that pretends a ceremony, established by law, is against his conscience 2 Generally to pretend conscience against law is dangerous; in some cases haply we may. 4. Some men make it a case of conscience, whether a man may have a pigeon-house, because his pigeons eat 20 other folks' corn. But there is no such thing as conscience in the business. The matter is, whether he be a man of such quality, that the state allows him to have a dovehouse; if so, there's an end to the business; his pigeons have a right to eat where they list themselves.

1. 21. The matter is, whether he be &c.] The law seems to have been that—A lord of a manor might build a dove-cote upon his land, parcel of his manor, and this he might do by virtue of his right as lord thereof. It appears also from the obiter dicta in a case before the King's Bench, that the parson had a like right. But the tenant of a manor could not do it without licence, the reason assigned being that he can have no right to any privilege that may be prejudicial to others.

In every case, however, in which pigeons came upon a man's land, he might lawfully kill them, the quality of their owner notwithstanding. See Croke's Reports of cases in the reign of James I, pp. 382, 490, and Salkeld's Reports of cases in the reign of William and Mary, vol. iii. p. 248, sub voce ‘Nuisance.”

XXVII.
CONSECRATED PLACES.

I. THE Jews had a peculiar way of consecrating things to God, which we have not.

2. Under the law, God, who was master of all, made choice of a temple to be worshipped in, where he was more especially present: just as the master of a house, who owns' all the house, makes choice of one chamber to lie in, which is called the master's chamber; but under the gospel there is no such thing; temples and churches are set apart for the conveniency of men to worship in ; they cannot meet to upon the point of a needle, but God himself makes no choice.

3. All things are God's already, we can give him no right by consecrating any that he had not before, only we set it apart to his service. Just as a gardener brings his lord and master a basket of apricocks, and presents them; his lord thanks him for them, perhaps gives him something for his pains, and yet the apricocks were as much his lord's before aS In OW.

4. What is consecrated, is given to some particular 20 man, to do God service; not given to God, but given to man to serve God. And there's not anything, lands, or goods, but some men or other have it in their power to dispose of as they please. The saying things consecrated cannot be taken away, makes men afraid of consecration.

5. Yet consecration has this power, when a man has consecrated anything unto God, he cannot of himself take it away.

* Owns] owes, MSS.

l. 20. What is consecrated, &c.] See note on ‘Tithes,’ sec. 5.

XXVIII.
CONTRACTS.

I. If our fathers have lost their liberty, why may not we labour to regain it? Answer. We must look to the contract; if that be rightly

made, we must stand to it. If we once grant we may recede from contracts, upon any inconveniency may afterwards happen, we shall have no bargain kept. If I sell you a horse, and afterwards do not like my bargain, I will have my horse again.

to 2. Keep your contracts. So far a divine goes, but how to make our contracts is left to ourselves; and as we agree about the conveying of this house, or that land, so it must be. If you offer me a hundred pounds for my glove, I tell you what my glove is, a plain glove, pretend no virtue in it, the glove is my own, I profess not to sell gloves, and we agree for an hundred pounds; I do not know why I may not with a safe conscience take it. The want of that common obvious distinction of jus praeceptivum, and jus permissivum, does much trouble men.

20 3. Lady Kent articled with Sir Edward Herbert, that he should come to her when she sent for him, and stay with her as long as she would have him; to which he set his hand: then he articled with her, that he should go away when he pleased, and stay away as long as he pleased ; to which she set her hand. This is the epitome of all the contracts in the world, betwixt man and man, betwixt prince and subject; they keep them as long as they like them, and no longer.

l. 20. Lady Kent articled &c.] This probably means that Lady Kent retained, or sought to retain, Sir Edward Herbert, an eminent lawyer of the time, at a yearly salary, to do her legal work. Such arrangements were not uncommon. See Aikin, Life of Selden, p. I54, note.

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