Corn, 8. The coherence and (cope of thv, Commandment. Chap,r; 459. 'then, God hath given to theChildren of men : not only ut replerent terram, to re- plenifhit,but tofubdue it alfa, and rule over it, dominari, and over the Creatures that Genïr,t3. are therein, as we fee his firfl Charter made to Adam ; and after man had forfeited this Charter, God renewed it after the flood to Noah and hisfòns. This in the ge- Gew9.2,3; neral. Nowmore particularly for the divifion of what God had thus given, and for the Howmum & propriety amongll men. It is tree,that if man had continued in innocency, there tuuin came iai would not have needed any divifion of the earth , every one would have beencon- tent with that whichhad been fufficient for him,and none would have been troubled with thatunruly appetite and delire of having more, and the earth would havebeen fufficient for all.But when finentred,it was thenneceffary there fhould be a divifion, and ameum& tuum,. among men. And though the heft occafionhereof was evil, (as commonly good Laws arife ex malls moribus, from evil cuftomes) yet Godwas pleafed with ir, and approved it. Cains perfecutionof Abel and others, was the caufe why Seth, and the refl that feared God, fevered themfelves from him and his poftcrityby a publick prpfeilion of the worfhip of God, and would not live in corn- Ge4.4.26ä. mon with them.The raft inclofureof what wasformerly common,or the fiefs impro- priation to particularperfons, that we read of,, was that of Cain , when he built a City, Gen.4. t7. He chafe out a plot of ground, and built a City,' andcalled it after h á foes name. This adof his gave occafionto the 'Fathersand Patriarchs , hereby Gen.4,57 feeing that Gain would elfe ufurp government and power, andconfidering the expe- diency of it for their peace and fafety, in well ordering of private poff fGons , to do the like ; and thus came in proprietybefore the flood. After the flood, when all the worldwas common again , and all private intereft was deftroyed, Noahhaving all the world before him, had all jure prima occupations, by right of the fart poffetfion, or firft feiaure, and his Eons from him: andwhether by Noahs allotmentof the chief parts ofthe world t4 his three fans; Africa toCbam; 4fta to Sem, and Europe to Japbet; or whether itwere by mutual agreement among themfelves, its plain,they had all by this right ofprima aces/patio : and thus propriety came in prefently after the flood. Other examples wefind afterward , when 2erah gameout of Ur of the Chaldees withAbraham and Lot, &c, they came to Hatan in Canaan, where they dwelt by right of firfl occupancy: and afterwards, whenAbra- hamand Lot came outof Egypt'into Canaan, where they lived together, a while in common, upon ocralìonof their herd-mens ftrife, they agreed to part the Country between them nand Lot, though he were younger, hadthe choice : thus we fee how things flood at the lirg. Epii'tetus lheweth it by a familiar fimilitude , whenadifh is brought to the Table , before it is cut up, it is common to all that fit at theTa- ble ; but after it is cut up,and every man hath taken his lhare,thenquamquifqutteen- pavit partem,whatpart foever a man hath taken to.himfelf,that is proper tohim and not common to the tell, fo that it were neither juftice, nor civility to take it off his trencher. Thus at the firftall the earth was common to mankind , but then by the firff occupancy or poffeflìon,or by confent, it came to bedivided.Omnem locum quern calcaveritpesveffer, everyplacewhereon the [oler of your feet (hall tread (faith God) Detit:n:24. I give unto you, it (hall beyours. So that it was pedir oceupatio or calcatio, the treading of the foot, or lieft occupation, that entituled every man to his fiat right. Thus if a people poffeffeth a country , either not inhabited before , or which is terra relilla, a country forfaken bythe former inhabitants, primus Occupator, the fall poffeffor or difcoverer hath the right to it : as we read that the potlerity ofSi- Chro.4:39> mean, totted into the landof Gedor, feeking paffure for their flockr; and they found paliure fat andgood, and the land was wide' and quiet, andpeaceable, for they ofHam haddwelt there of old. Sothat now the land being uninhabited, they took poffefGon of it, and that lawfully. The rule is, Immobilism e eft Prafcriptio, ntobilium ufurpatio Prefcription car- tieth thingsimmoveable, and ufurpation ;moveable. And there is good reafon for it. r. Becaufe it much concernsthe Common-wealth to look after terrenampacem, ne Bites oriantur in infinitum ; that eontroverfies arife not perpetually to the difturbance of the publick peace. Therefore to prevent fuch inconveniences , we muff have M m m z recourfe
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