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And in both these controversies, there may arise a controversie between the party Judged, and the Judge; which because they be both Subjects to the Soveraign, ought in Equity to be Judged by men agreed on by consent of both; for no man can be Judge in his own cause.

But, even here, Eumolpus returning to his old humour: "Young men," began he, "this poetry deceives many; for not only every one that is able to give a verse its numbers, and spin out his feble sence in a long train of words, has the vanity to think himself inspir'd; but pleaders at the bar, when they wou'd give themselves a loose from business, apply themselves to poetry, as an entertainment without trouble; believing it easier to compile a poem than maintain a controversie, adorn'd with a few florid sentences.

If a Subject have a controversie with his Soveraigne, of Debt, or of right of possession of lands or goods, or concerning any service required at his hands, or concerning any penalty corporall, or pecuniary, grounded on a precedent Law; He hath the same Liberty to sue for his right, as if it were against a Subject; and before such Judges, as are appointed by the Soveraign.

He scrupled to "officiate to an unseparated people," and soon went down to Plymouth, where he "begane to fall into strange oppinions, and from opinion to practise; which caused some controversie, by occasion whereof he left them something abruptly." Returning to Massachusetts, he became minister of Salem Church, which was itself thought to be tinged with radicalism.

For the Law that commandeth Peace, as the End, commandeth Intercession, as the Means; and to Intercession the Means is safe Conduct. The Sixteenth, Of Submission To Arbitrement This other, to whose Sentence they submit, is called an ARBITRATOR. And therefore it is of the Law of Nature, "That they that are at controversie, submit their Right to the judgement of an Arbitrator."

By what has been hitherto discours'd, Pyrophilus, we may be assisted to judge of that famous Controversie which was of Old disputed betwixt the Epicureans and other Atomists on the one side, and most other Philosophers on the other side.

Besides the current, it is also a thinge withoute controversie, that all southerne and south easterne windes inforce the Spanish flete returninge home nere or upon the aforesaide coaste, and consequently will bringe them into our daunger, after wee shallbe there strongly setled and fortified.

These men I would have my Travueller never heare, except in the Pulpit; for being eloquent, they speake excellent language; and being wise, and therefore best knowing how to speake to best purpose, they seldome or never handle matter of controversie." Our best authority in this period of travelling is Fynes Moryson, whose Precepts for Travellers are particularly full.

For Judicature They also to whom Jurisdiction is given, are Publique Ministers. And as Controversies are of two sorts, namely of Fact, and of Law; so are judgements, some of Fact, some of Law: And consequently in the same controversie, there may be two Judges, one of Fact, another of Law.

For though this Controversie be Reviv'd, and hotly Agitated among the Moderns, yet I doubt whether it be not in great part a Nominal dispute, and therefore let us, according to the Doctrine formerly deliver'd, Distinguish the Acceptions of the word Colour, and say, that if it be taken in the Stricter Sense, the Epicureans seem to be in the Right, for if Colour be indeed, though not according to them, but Light Modify'd, how can we conceive that it can Subsist in the Dark, that is, where it must be suppos'd there is no Light; but on the other side, if Colour be consider'd as a certain Constant Disposition of the Superficial parts of the Object to Trouble the Light they Reflect after such and such a Determinate manner, this Constant, and, if I may so speak, Modifying disposition persevering in the Object, whether it be Shin'd upon or no, there seems no just reason to deny, but that in this Sense, Bodies retain their Colour as well in the Night as Day; or, to Speak a little otherwise, it may be said, that Bodies are Potentially Colour'd in the Dark, and Actually in the Light.