Gods Own Law of Determining Controversies, Sermon

Gods Own Law of Determining Controversies · Sermon

p. 1Lex Pacifica: Or Gods own Law of Determining Controverſies explain'd and a ſſerted.

Deut. 17.12.

—And that man that will do preſumptuouſly, and will not hearken unto the Prieſt (that ſtandeth to miniſter there before the Lord thy God) or unto the Judges; even that man ſhall dye, and thou ſhalt put away the evill from Iſrael.

THat there might be (for this time) ſome alliance betwixt the Bench and the Pulpit, I have read for my Text this recapitulatorie branch of one of Moſes Laws; of that kind, Divines have commonly ſtyl'd, the Judicial Laws: The Scripture by a Metonymy calls them Judgements, becauſe they are ſuch Laws as God himſelf appointed unto the Jews, to be diſpenſed out in Acts of legal Juſtice; for Judgment is the Act of juſtice in particular caſes,aaDe Juſtit. & Jure, lib. 2. c. 29. Dubit. … n. 4. Idem Aut quin. & Sot. & al i. per modum cauſae praecipientis & obligantis, ſays a Leſsius: as flowing from a cauſe, commanding and obliging to the exerciſe of ſuch Acts.

p. 2Reduceable they are unto four heads. Firſt, ſuch as inſtructed the Magiſtrates in their duty towards the People. Secondly, ſuch as taught the People their duty towards the Magiſtrates, and of one man towards another. A third ſort inform'd them, how to demean themſelves towards Strangers. And a fourth kind directed them in the Domeſtick duties of their private Families. The Diviſion duly conſidered, ſhews the excellency of the Jewiſh Policie, in that the body of their Laws extended to all the Eminent parts, and orders of Society.

The Obligation of theſe Laws (as delivered by Moſes) is by Divines uſually affirm'd, not to reach unto us Chriſtians: the reaſon is, becauſe they are Poſitive Laws; and Poſitive Laws, though given by God himſelf, oblige only that People unto whom they are given; it being the ſole prerogative of Innate Law, (that is, of the Law of Nature) to lay a common Obligation upon all Mankind.

But foraſmuch as that ſame is an undoubted truth which Tertullian ſpeaks in his book of Single marriage, De unis nuptiu, c. 7.[qua adjuſtitiam ſpectant, non tantùm reſervata permaneant, verùm & ampliata;] Chriſtians are not only bound to equal, but to exceed, all others in matters of juſtice and honeſty, (agreeable to our Saviours [foreign] in Mat. 5.17.)

And being theſe Laws have ever been had in great veneration in the Church of Chriſt, wiſe and vertuous Princes having made them their Patern for Laws, as appears by the Preamble to our own King Alured's. Saxon Laws:S H. Spelman, circa an. Chr. 887. in Concil. Britan.

And foraſmuch as Divines have recourſe unto theſe Laws, in debates, and for reſolution of many weighty points, as of Marriage within prohibited degrees, payment of Tithes, Uſury, and ſome others; there be p. 3theſe three Corollaries that depend thereon.

Firſt, that many of theſe Judicial Laws are Concluſions, evidently deduc'd from the Law of Nature; and are very appoſit and ſuitable to Eccleſiaſtical and Civil Government, as well now amongſt Chriſtians, as formerly amongſt the People of the Jews; and

Secondly, that for that reaſon, ſuch of them as ſhall be by Supreme Authority judg'd fit, may be aſſum'd, either among the foreign, (asddIn praeſat. ad Collect. Canon. Antiochenus ſtyles them) the Divine Canons of the Church, or the Decreta Comitiorum (as we term them) the Statute-laws of Civil Government.

And thirdly, that ſuch of them as ſhall be ſo re-inveſted with the force of Law, will be reducible to that kind of Laws, which ſome Divines have rightly ſtyl'deeSuarez de leg. l. 3. c. 14. n. 4. [leges partim declarativae, & partim conſtitutivae] laws partly declarative, and partly conſtitutive: declarative, in reſpect of the matter of them, as having been the ſubject of ſome former Law; and conſtitutive in regard of their preſent power to oblige, imprinted on them by the Authority and will of the Law-giver. The Obligation of which Laws, that it is in the conſcience of the Subject (and by conſequence a ſin not to obey) no man without affronting Nature and Religion can deny.

And upon this foundation, I ſhall by Gods aſsiſtance ſuperſtruct a diſquiſition of theſe three Particulars, as the heads of my following diſcourſe.

Firſt, what the tenour and purport of this Judicial Law is, of which we treat.

Secondly, whether this Law may be revived by ſupreme Authority. And

Thirdly, whether there be not either formally or equivalently, the like Law in this Church and State in which we live.

p. 4In the proſecution of theſe, I ſhall crave leave to follow the Counſel of Epicurus inffDiog. Laert. lib. 10. Laertius [foreign,] not to preſent you with the Flowers of Rhetorick; to be more careful to garniſh the Diſh, than to ſeaſon the meat; eſpecially for ſuch an Auditory, whoſe parts and callings muſt needs furniſh them with abilities, to concoct far more ſolid matter and learning than can be expected from my very Ordinary skill and capacity.

Firſt then, concerning the tenour and purport of this Judicial Law.

1And here if my Obligation to diſcourſe of this particular Law, would permit me to ſpeak of Laws in general, amongſt many other things, that might be ſaid, I ſhould not omit to take notice of the opinion the Heathens themſelves had of the Sacredneſs, and of the Neceſsity of Laws. Of the Sacredneſs of Laws, in that the prime Heathen Lawgivers endeavoured to perſwade the people that their Laws were of Divine extraction; Amongſt the Greeks, Minos feign'd to have receiv'd his Laws from Jupiter; Lycurgus, his from Apollo; and Zaleuchus, his from Minerva; asggStrom. lib. 1… p. 352. Clemens Alexandrinus tells us: and for the Romans, Numa Pompilius his fam'd addreſſes to the Goddeſs Egeria for inſtructions in making of Laws, are notorious to all; Foreſeeing belike the importance of that truth, thehhCurtius l. 8. Hiſtorian acutely obſerves, as the reaſon why the Perſians were wont to deify their Kings; Majeſtatem imperii ſalutis eſſe tutelam; their opinion of the Neceſſity of Laws is inferr'd from their conceit, thatiiEuſeb foreign. vid. Sca. Animad. p. 19. Phoroneus, whom they fancied to be the firſt Lawgiver, was likewiſe the firſt man; foreign, & foreign, (askkLib. 32. 1. Phoron…us Moyſt Antiquior 300. an. Sic Euſeb. & Aug. docent; cum tamen proeceſſ…unt regna Aſſy…. Argyv. Aegypt. ſed Regna legibus priore. Liv. l. 3. Juſt. l. 1, &c. Nonnus calls him) as if all that lived before him had not been men p. 5for want of Laws; (what think you would they have thought of them, who will not live like men under juſt Law?)

But the due regard of method having confin'd me within narrower bounds, I ſhall in as few words as conveniently I may, endeavour fully to explain this Law, by inſiſting on theſe four particulars, or integrant parts of Law. 1. Interdictum. 2. Cenſura. 3. Sanctio. 4. Ratio finalis legis.

The

1. Interdict.

2. Cenſure.

3. Sanction, and

4. Final Reaſon of this Law.

1. The Interdict of this Law is this, That if it hapned, either through the ambiguity of words, or exception of caſes, that there aroſe any doubt of the extent, or meaning of any Judicial, or Ceremonial Law, in inferiour or local Courts of Judicature, the Queſtion was to be brought before the great Sanhedrin, or Council of Jeruſalem: and there a definitive Sentence being made, all both Judges and Litigants were bound under pain of death, not to reject and contradict the ſame; but it was to be put upon Record, as a Rule in ſuch caſes for the future.

To make this more plain, we will ſuppoſe a Caſe that may be eaſily conceived to ariſe, out of the Law of their foreign, or ſecond Tithing, Deut. 14.22. The words of the Law are theſe, [Thou ſhalt truly tithe all the increaſe of thy ſeed, that thy field bringeth forth year by year.] Upon this Law it might be doubted, whether by a direct conſequence drawn from this Law, the Jews were not bound to pay unto the Levites, in their firſt tithing, the tenths of all ſuch things as grew in their Gardens. The reaſons of which doubt may be, Firſt, for that prudent men might conceive, that the Law intended no more, but a fit maintenance for the Prieſts and Levites; unto which ſuch ſmall things p. 6would but little conduce; and therefore that they were not included in the Law for Payment of Tithes. And ſecondly, becauſe by the uncertainty of their eſtimation, they might raiſe contentions betwixt the Prieſts and the People; or occaſion unneceſſary ſcruples in mens conſciences, and thereby introduce that poſt humous way of expiating involuntary Sacrilege by Mortuaries, as amongſt us. And thirdly, becauſe the word foreign in the Law, which is rendred a field, is ſometimes (though but ſeldom) found to ſignifie a Garden.

Now if the great Sanhedrin at Jeruſalem ſhould determine, that the Jews were bound to pay Tithes of thoſe minute things which grew in their Gardens, the People were oblig'd by virtue of this Law in the Text, to ſubmit their practiſe unto that Decree; and if upon pretence of error therein, ſome foreign ſome contumacious Doctor (as thellGrot. ad Loc. Jews call'd him) the ſame with the foreign, in themmCan. 16. Apoſtles Canons, ſhould factiouſly oppoſe the ſame, ſuch a one was (by this Law) to be put to death.

This Council at Jeruſalem was the ſame with that the Text ſtyles [the Prieſt, or the Judge] for in the ancient ſtate of that Government (asnnLib. de Prin. conſtit. Philo andooAdverſ. Ap. lib. 2. Joſephus tell us) foreign, the Prieſts had the hearing and determining of all controverſies, in the ordinary way of Judicature; which courſe (asppIn Chron. O foreign, idem Baron. ex Phil. l. 2. de Temp. De hujus libri authoritate vid. Baron. ad An. Ch. 1. p. 83. n. 20 Plant. & ad An. Chr. 32. p. 143. Euſebius notes) was obſerved among them, (though not without ſome mixture of the Laity) till the reign of Herod the Great: in whoſe time the Scepter being about to depart from Judah, (the authority whereof had been till then preſerved in this Sanhedrin, and the Aſſamonaei; andqqp. 10. n. 15. Baronius in his Apparatus ſhews you how) Herod, I ſay, p. 7upon reaſons of State ſlew them all but one, and ſubſtituted a Council of Proſelytes in their ſtead.

Let no man think that the Tribe of Levi, either took too much upon them, or had too much conferr'd upon them, by this honour of Judicature; it was no more than the Heathen-world beſtowed upon their ignorant and Idolatrous Prieſts; for the Ethiopians, rrLib. 17.Strabo; for the Aegyptians, ſſlib. 14.Aelian; for the Perſians, ttIn chron.Euſebius; for the Athenians, uuLib. 14. Ant.Joſephus; for the Gauls and Britains, xxLib. 6Caeſar; for the Romans, yyLib. 2 d legib.Cicero, are authentick witneſſes.

Nor was the Impoſtor Mahomet wanting to the reputation and advantages of his Religion by the like deſign: whoſe Prieſts always ſit with the ſecular Magiſtrates; their Alcoran or Scripture (after the manner of the ancient Councils) lying before them; as if all were done by an infallible rule, and the judgment were Gods.

But it almoſt exceeds belief, in what veneration and power that Order of men was in this Land, for ſome hundreds of years after this Nation had received the Faith; and that not by any precarious favour of Princes, or by an ignorant fondneſs of the People; but eſtabliſht their honour was by Law; by which every Prieſt was accounted Thani rectitudine dignus, as appears by theaaCan ult. de Wer…gildis, i. e. cap tum aeſtimati…nibus. Vid. S. H. Spelman in epiſt. ad Reg. Jac. ib. Laws of King Ethelſtan; (a reſpect, which I ſhall neither arrogantly, nor unſeaſonably communicate unto vulgar ears.) The reaſon whereof is not only that which our learned Antiquarie gives us in his Engliſh Councils [Quippe ſub his ſaeculis apud ipſos ſolum eſſet literarum clavis, &c.] becauſe the learning of that age was wholly ignorſs'd by ſome of the Clergy; the Prieſt being the Oracle of the People, as the Biſhops were of the King and Kingdom: but there is another, and (perhaps) a ſtronger reaſon to be p. 8collected out of thoſe words, in one of KingbbSi quis arrogans pro Epiſcopi juſtitia e…ndare noluerit, Epiſcopu… Regi notum faciat. Rex au…ë conſtringat mal…facto ē, ut emendat, cui ſoris ſecerit, ſcil. pr…mum Epiſcopo, deind ſibi, & ſic erunt ibi duo gladii, & gladius gladium juv…b…t. H…veden. Annal. par. poſt. Hen. 2. p 6…. n. 50. Edit. Savil. Edwards Laws [& gladius gladium juvabit] from the reciprocate aſsiſtances of the temporal and ſpiritual ſwords: Chriſtians then believing, that there was as much credit to be given unto thoſe, as to any other words of our Saviour, Mat. 18.18. [Whatſoever ye ſhall bind on earth ſhall be bound in Heaven, and whatſoever ye ſhall looſe on Earth ſhall be looſed in Heaven.] But this honour and power, together with the immunities of the Church, ſub Normannicis Regibus nutare coepit, ſays thatccSir H. S. ib. Author; and in the Council of Clarendon under Henry the ſecond, they received a grievous wound: which hath more or leſs continued bleeding ever ſince: and tis to be fear'd would have done ſo, till the ſpirits of all Eccleſiaſtical Juriſdiction had been clean exhauſted, if Experience (which is ſometimes the Miſtreſs of wiſe men, as well as of fools) had not bound up the wound with a probatum eſt, No Biſhop, No King.

I ſpeak not this, as if I thought it either convenient, or neceſſary, that the Clergy ſhould concern themſelves in matters of civil Judicature: (Pity it were that ſo active and learned a Gentry as this Nation is wont to produce, ſhould betwixt doing nothing, and doing ill (which would be the certain conſequent of that other deſign) degenerate from the worth and luſtre of their Anceſtors!) that foreign or power of ſelf-Government, which the Primitive Church did exerciſe (and for which, ſome men of late did ſo much ſtruggle and contend,) though it cannot be denied to be lawful, yet was it cumberſome, and in many caſes uneffectual.

It could not ſtand with the Reputation of the Church of Chriſt to make appeals unto the Heathen Emperors, p. 9as theddB…lſ. [ex Eu ſeb.] Synod Antioch. in P…. n. Council of Antioch was fain to do, under the affronts they received from Samoſatenus the Heretick, after they had deprived him. Nor have the Popes themſelves been wholly exempt from the like exigents, as appears by one inſtance for all, by the ſupplicatory Epiſtle of Pope, eeVoel. tom. r. p. 213 & B…. ad A…. Chr. 419.Boniface to the Emperor Honorius; in the caſe of Schiſm, between the Popes themſelves. So unuſeful, if not unſafe, will be St. Peters Keys, (though hanging at the Pope's own girdle) if they ſhould lock up Caeſar's ſword.

The ſober and learned Clergy of this Church muſt needs know, that the Spiritual Juriſdiction ſtands in need of the temporal power: and that the Miter is only ſafe, under the ſhadow of the Crown. Happy then it is for us, that Eccleſiaſtical Dominion can derive it ſelf into the ſame fountain from whence deſcends the temporal authority: and that (likeffPſ. 85.10.Ps 85:10 Righteouſneſs and Peace) the two Juriſdictions, can kiſs each other in the Arms of Soveraignty: that among us, 'tis all one to be our King, and to be the Defender of the Faith: that the Sword is joyn'd to the Word, and the Judge to the Prieſt.

This Conſtellation of Power, as it is a Prognoſtick of ſecurity and happineſs, to men of temperate ſpirits; ſo will it prove a terrible Omen, to ſuch as deſpiſe Dominion, and leave their heady practiſes to the Cenſure of juſt Laws, which are the true Standard whereby to meaſure the crimes of Offenders; and not the Opinions of Ignorant and prejudicate men; which leads me to the ſecond integrant part of this Law, Cenſura Legis.

2. Such hath been the policy of Satan, that taking advantage of the ignorance, prejudice, intereſt, and vices of men, he hath ſent ſome ſins up and down the world like ſpies, with falſe names, that might not cauſe men to diſtruſt and avoyd them; they were not only carnal p. 10but ſpiritual wickedneſſes, which have wandered about in this diſguiſe, compaſsing the world like him whoſe emiſſaries they are: not only pravae, but Piae fraudes have on all hands cheated men of their pretious ſouls; ſtellicidia mellis de Lebacunculo venenato, as Tertullian ſpeaks, the Devil having poyſoned the Limbecks from whence men hoped to have ſuckt moſt ſoveraign Elixars: and dealt with the world as Praxiteles the Statuary inggClem. Alex…d foreign. p. 29. Poſidippus did with the fooliſh Heathen, made his own Darlings to be worſhipt by mens fancies, inſtead of a Deity.

But as the judgement of God is according to truth in puniſhing ſinners; ſo are the ſins of men exactly recorded by Him in his Doomsday-book, at the approach of thoſe everlaſting burnings. Drunkenneſs will not then be called good fellowſhp; nor uncleanneſs a trick of youth; nor cheating a trick of wit; nor pride, decency, nor oppreſsion, ſelf-preſervation; nor Rebellion, honeſty; nor faction, Godlineſs; nor Sedition, ſtanding for the truth; nor ſuperſtition, devotion; nor Sacrilege, reformation.

How light ſoever it may ſeem to ſome in theſe days to reject the juſt commands of our Lawful Superiours in Church and State, yet ab initio non fuit ſic: and how it came to paſs, that that which was ſo g…ievous a crime among the Jews (Gods own people too) ſhould be transform'd into an heroick Virtue among Chriſtians, will want ſome Oedipus to unty the knot.

The Scripture it ſelf bears witneſs of the hainouſneſs of this Sin, allotting it a place among ſins of the firſt magnitude, foreignſins of preſumption: [Qui autem ſuperbierit nolens obedire] So the vulgar reads the Text, and before that the Septuagint (after the * original) [foreign.] and thereforehh22. q. 86.9.3. Aquinas doth rightly define contempt to be [nolle ſubjici legi] not p. 11to ſubmit ones ſelf to juſt Law, and ſoiiSuar de legib. c. 28. n. 13. peccare ex contemptu, eſt peccare ex voluntate non ſe ſubjiciendi alteri, to be guilty of the ſin of contempt is wilfully to refuſe to ſubmit our ſelves to them that have a juſt and lawful authority over us.

This ſin is firſt brooded and hatcht in the underſtanding; when that perſon, or his authority to whom we ought to ſubmit, is leſs eſteem'd than he, or that ought to be: next it deſcends into the inward affections and paſsions of the mind; and there grows and ſtrengthens it ſelf, from a deſire and contrivance of opportunities to expreſs it, and to invite others to the ſame attempts: and laſtly, it comes out, and ſhews it ſelf to be a fiery flying Serpent, ready fledg'd and prepared for action; and diſcovers as much by Overt acts, as the Law calls them; whereby this pride and malice of the heart becomes diſcernible to all.

A Sin it is, that of all others, carries with it the greateſt provocation both with God and Man; 'tis not (always) ſo much the thing that is done, as the mind kkTunc non peccati ſpecies, ſed peccantis intentio penſat. D. Bern. l. 1. de praecept. & diſp. c. 14. v. 27.wherewith it is done, that gives unto this ſin its true eſtimate and ſize. When God made Saul King, there were ſome that brought him no preſents, 1 Sam. 10. the Exchequer 'tis like complain'd not for want of them; yet the Holy Ghoſt calls thoſe men, ſons of Belial; as having an eye upon the venome that lay in their hearts; they did it not, becauſe they deſpiſed him. We read of one that not long after the commandement for obſerving the Sabbath was given, had gathered ſticks upon that day; and was therefore, by Gods eſpecial appointment, ſton'd to death, Num. 15. the fact was but ſmall, but his pride was great; he did it foreign too, out of preſumption, and ſo fell under theirllCaninius diſquiſ. c. 7. foreign their judicium animarum (as the Jews call'd it) for he that deſpiſ'd Moſes Law was to die without Mercy, as the Apoſtle p. 12tells us, Heb. 10.28. and tis the Sanction of this Law [even that man ſhall die] which is our third particular.

3. Laws have generally in them a double power; directive and coercive: the firſt deſcribes and appoints the duty, the ſecond determines the puniſhment to be ſuffered, if the duty be not perform'd. Upon this follows ammDr. Sanderſon praelect. 6. double obligation of the Subject by Law: the firſt is foreign, Obedience; the ſecond is foreign, Subjection: the former we commonly ſtyle active, the later, paſsive obedience: active obedience is doing the duty; paſsive obedience is ſubmitting to the puniſhment, if we do it not.

The firſt Poſitive Law that ever was made in the world had theſe two, the directive and coercive parts. Gen. 2.17. [Of the Tree of the knowledge of good and evil thou ſhalt not eat] there's the directive part: [for in the day that thou eateſt thereof, thou ſhalt die the death] there's the coercive part.

Theſe two parts of Law, have reſpect to that twofold Power, which is in every mans ſoul; the Underſtanding, and the Will: the Underſtanding is the Card and Compaſs, the Will holds the Rudder, and ſteers the courſe of mens actions: that directs, this executes. Now becauſe the Will is a free power, and may chooſe to do or not doe; therefore the coercive part of Law is added, to reſtrain the Will from evil, in doing contrary to the rule of Law; for if the Will had no freedom in her actions, all the Laws of God and men, were (at beſt) impertinent. foreign, &c. as Origen truly ſpeaks, and with him two great Fathers of the Church in hisnnCh. …1. Philocalia: and St. Cyril of Alexandria, of as good authority as any, ſays as much in his ſixth Book de Adoratione in Spiritu & veritate.

If this were not true, with Reverence to your Lordſhips p. 13be it ſpoken, you would return from your Circuit with ſins upon your conſciences, of the ſame colour with your Robes; I mean ſins of bloud, Scarlet ſins, as theooIſa. 1.18.Isa 1:18 Prophet calls them: it being utterly unreaſonable, and therefore unlawful, to puniſh any man for doing that which he had no power to avoyd. A conſequence ſo inevitable; that ſome Phanatiques in the cloſe of the late troubles, foreſeeing the force of it, refuſed to aſsiſt in their Councils of War, becauſe they would not concur in that mans puniſhment, whoſe actions (as they conceived) were no more contingent and free, than the motion of a ſtone, tending to the centre of gravity. The effect of which pernicious errour, was moſt acutely foreſeen by a great States-man of ours, for almoſt an age ſince; as the late Reverend and learned ppPart. 1. c. 6. ſ. 12.Author of the Quinque-Articular Hiſtory will inform you.

This coercive part of Law belongs to vindicative juſtice, and appoints the puniſhment due to the breach of each particular Law; which is not always to take its meaſure from the fact materially conſidered, but in conjunction with the will, and other faculties of the ſoul. Intentio eſt quae dat praecipuam formalitatem in actibus moralibus, (ſay theqqAquin. 12 a. q 72 1.8. c. 3 a. q. 88.4: 1 m. Schoolmen;) the intention gives the formality to the ſin; and ſo creates that difference therrc. quu a. Diſt 10. Gloſs obſerves, betwixt non parere and contemnere; of great importance with Caſuiſts, in ſtating the nature and kinds of offences againſt Law, in foro interiori, or in the conſcience: for in foro exteriori, or the publick tribunal, there the Law judges of the intention by the fact, and not of the fact by the intention.

The formality of the ſin we ſpeak of, ſtands in the [nolle obedire] in the Text; enough to exact the greateſt puniſhment, eſpecially from ſuch a Lawgiver, who hath abſolute Soveraignty over mens lives. Ego o…cidam, & ego vivere faciam, ſays God, Deut. 32.39. I p. 14kill, and I make alive; that is, ſay**V. Soto. de juſt. & jur. l. 4. q 2. a. 3. Expoſitors, I have the ſole original right and authority of taking away mans life; and therefore Magiſtrates cannot take away the lives of Malefactors; or expoſe the lives of their Subjects to the hazard of juſt wars; as having abſolute Dominion over mens lives; but as conſervators of the Peace, and publick good. And upon this ground it is, that it is injuſtice in them, to make Laws, that have puniſhments annext unto them diſproportionate to the offence committed, eſpecially in the exceſs; and from hence it is, that we account it butſſQuoties poenam mortis imponebat tranſgreſſoribus alicujus legis, materiam ill…us legis ſuiſſe gravem, & de ſe ſuſficientem ad peccatum mortale, ſignificat. Scot. in 4. d. 1. q 6. Sic Aug l. 2. de Bapt c 6. reaſonable, to conjecture what is the quality of the crime, by the nature of the puniſhment inflicted upon offenders; the crime here is contempt, the puniſhment's death: gravis poena, ſed ad vitandum periculum omnium graviſsimum, ſaith the learned and experienced ttad locum.Grotius; a great puniſhment, but tis inflicted for prevention of the greateſt miſchief in the world: you will believe him, if you pleaſe to reflect upon the fourth and laſt integrant part of this Law; the Ratio finalis legis; the end why God made this Law, and ſecured it from the approches of the foot of pride, by ſo ſevere a puniſhment; and that was, for prevention of Schiſm; expreſt here Antonomaſticus, [the evil;] and thou ſhalt put away the evil from Iſrael.

4. Schiſm in the proper notion of it ſeems to me to be a thing not known to the Heathen world.uuSerm 11. de verb. Domini. S. Auguſtine (indeed) andxxLib. cont. Gent. foreign, &c. S. Athanaſius tells us of many bloudy quarrels that hapned amongſt them concerning their Idolatrous worſhip, but methinks there ſhould be no Schiſm, (at leaſt not properly any) where there is neither truth nor Church. But with Sedition, the younger Siſter of Schiſm, (for Schiſm p. 15ſeems to be as old as that bloudy quarrel betwixt Cain and Abel) the Heathen were ſo well acquainted, that Thucydides gives this true Character of the Monſter, foreign, that ſhe it is that hath brought forth miſchiefs of all ſhapes and ſizes in the World. And Schiſm cannot but be thought ſo much the more Superiour to Sedition, in the production of miſchiefs; by how much the more fierce all quarrels and contentions are, that ſpring out of different opinions in Religion: and further, diſſentions of this kind have, above all others, the ſtrongeſt appetite of propagation. Agreſsours in factions of religion, labouring to have their names and opinions ſerve to that ſame end as Ziſca, when he died, appointed for his skin; who being Leader of the Taberites (a faction in Bohemia) commanded that a Drum ſhould be made therewith, (as Dubravius and others tell us) that ſomething of Ziſca might ſtill be heard to ſound, in the Ears of his followers, and their enemies.

I ſhall not burthen your patience by proſecuting the common place of Schiſm with infinite authorities out of the Fathers, ſetting forth the grievouſneſs of this ſin: it was the due conſideration hereof, that madeaa22 e q 39.2.3 m. Aquinas to affirm Schiſm to be the greateſt of all ſins againſt our Neighbour; and that not only reſpectu circumſtantiarum, in reſpect of the many circumſtances and accidents that attend it; but likewiſe reſpectu ſpeciei, in regard of its own nature; becauſe it is the moſt contrary to Charity, and the love of our Neighbour; for it is contra ſpirituale bonum multitudinis, as he ſpeaks; it is againſt the ſpiritual good of a multitude: ſo that we may ſay of Schiſm, as the**1 Sam. 18.7.1 Sam 18:7 Women of Iſrael ſang of David; if other ſins (like Saul) kill by thouſands; Schiſm (like David) kills by ten thouſands at a time. The Apoſtle in his Epiſtles calls it Hereſy; and if noſcitur ex ſociis be a good Topick, you may judge p. 16what kind of ſin it is, by the company amongſt which you will find it, Gal. 5.19.bbD Praeſcrip…. adv. Haret. l. 1 c 6. Tertullian ſays, that word comes from a Greek Verb ſignifying [to chooſe] ſo that he makes Schiſmaticks and Hereticks to be ſuch as will chooſe for themſelves. The true definition is, tis a voluntary departure from the government of our lawful Superiours, and a refuſal to communicate with our fellow-members, with a deſign of drawing followers after us. This is that poyſoned Arrow which the Romaniſts would fain dart into the ſides of the Church of England, and therefore make the formal reaſon of Schiſm to conſiſt in a voluntary departure from the Pope, as being ChriſtsccBell. lib. 2. de Ro Pont. c. 12 Vicar here on earth: but non haeret lateri lethalis arundo; we are yet to be convinc'd that the Pope is Chriſts Vicar here on Earth, though we will not deny him to be St. Peters ſucceſſour in Rome. And as for our voluntary departure from a dependency on that Church, we have done no more, but aſſerted that juſt right we had to govern (and by conſequence to reform) our ſelves, by the 28. Canon of the fourth General Council: wherein foreign, equal privileges with Rome, were granted unto Conſtantinople, foreign, (for ſoddO foreign. Alex. Ariſt. in Synopſ. Can. 28. Alexius Ariſtinus truly abbreviates that canon) becauſe the ſeat of the Empire was transferr'd from Rome to Conſtantinople: how much rather do the like equal privileges belong to us, who have not only tranſlated the ſeat, but the Empire too, (I mean of our ſelves) from that City, of whoſe vaſt Dominion this Iſland was ſometimes a part? But I return.

This is that ſin which God deſigned this Law to prevent, as a moſt intolerable evil: for without a power to determine Controverſies, that ſhould ariſe amongſt p. 17a ſeeking and ſcrupulous party, it is not in the power of man to do it. And being therefore that it is Gods manner,eeGrot. ad lo…. res humanas conſervare modis humanae naturae congruentibus, to conſerve the affairs of men, by ways & means agreeable to mans nature; and being that others beſides the State and Church of the Jews, are liable to the like diſtempers and confuſions; we may reaſonably conceive it, not unfit to be examined, whether this Law may not be revived by Supreme Authority; which is my ſecond Diſquiſition.

2. The Reſpect of the directive part of this Law, is all that we inquire after; for, as for the coercive part thereof, we re-inforce it not; hoc nunc agit in Eccleſia Excommunicatio, quod agebat tunc interfectio: Excommunication among Chriſtians (ſaithffQuaeſt. ſup. D ut. lib. 5. c. 38. S. Auguſtine) in many caſes commutes for temporal death under the Law; and let this be one of them.

But for the directive part of this Law, why it may be revived by Supreme Authority, there be theſe Reaſons producible, and fit to be ſoberly weigh'd by all that have a true Chriſtian temper of mind in them.

1. Firſt, becauſe the ſame thing was put in practiſe by the Apoſtles themſelves, for prevention of the ſame evil, Acts. 15. for certain men which come down to Antioch from Judaea, having taught the Brethren and ſaid, except ye be circumciſed after the manner of Moſes ye cannot be ſav'd; the Apoſtles and Elders came together for to conſider of this matter, v. 6. And having made a Decree concerning the point in controverſy; how religiouſly it was obſerved, not only by Chriſtians of that Age, but for more then 300 years after,ggIn Apolog. c. 9. Tertullian in his Apology, hhContr. Celſ. lib. 8.Origen againſt Celſus, iiEccle. Hiſt. l. 5. c. 1.Euſebius, kkCatech. 4.Cyril of Jeruſalem, llEpiſt. 154. ad Public:St. Auſtin, p. 18andmmEp. 79. ad Nic. Leo will inform ſuch as pleaſe to enquire.

2. Secondly, becauſe the following Councils did never doubt of the like power in themſelves, as oft as they came together, for determining queſtions of faith, or practiſe. I ſhall only inſtance in the 6.nnApud Balſam. Canon of the third General Council; which pronounceth an Anathema on whomſoever ſhould foreign (whichooIn Synop. Can. conc. Epheſ. c. 4.Eph 4 Ariſtinus reads by foreign andppforeign, ib. foreign. Balſamon expounds by foreign) ſhould but heſitate or doubt of, as well as oppoſe the Decrees of that Council.

Now the Council of Epheſus we all know, met for determining a diſpute about the perſon of Chriſt: forppVide Cyril. Alex. foreign. Neſtorius had affirm'd and taught, that the bleſſed Virgin was not the Mother of God, but of Chriſt: from whence a duality of perſons muſt needs be inferr'd to be in the Son of God; and by conſequence, that there was not a Trinity, but a Quaternity of Perſons in the Divine nature. The Council did (as they needs muſt) determine againſt Neſtorius; which determination though undoubtedly true, yet becauſe it was a conſequence drawn from Scripture, by the mediation of humane underſtanding, and the Council did ſo ſeverely oblige all the Church to receive it, it muſt follow, that the Council had a full aſſurance of her power to define matters in controverſy; and to oblige the members of the Catholick Church not to reject her determinations, under the pain of Anathema. The argument is of ſuch weight in the judgment of the greatqqBel de Conc. lib. 2.6.4. Cardinal, that he ſticks not to conclude an Infallibility of the Church from thence. I ſtretch it no further than to infer à majori ad minus, that, if there were a power in the Church, that under ſo grievous a puniſhment, could exact the reception of her Decrees in points of Faith; much more p. 19may the ſame Authority require obedience to her determinations in ſmaller (becauſe practical) things.

3. A third reaſon is; becauſe it is abſolutely neceſſary, that all publick Societies, whether Eccleſiaſtical or Civil, be furniſhed with all neceſſary means to preſerve themſelves from thoſe evils, which are apparently deſtructive of all governments: which evils are ſuch as doe inevitably produce diſcord, diviſions and ſeparations amongſt the members of the ſame community; the only Remedy whereof, is an Authority and Power in the Governours, to hear and to determine all Controverſies, and to bind the contending parties to acquieſce in their determinations.

Not as if I thought, that a man were bound to believe every thing to be true, or beſt, that ſhould be ſo determined: for this great Council of the Jews were not infallible, nor needed ſo to be; as appears by that Offering which God appointed to be offered, when the Congregation had treſpaſs'd through ignorance, Lev. 4.13. But, that the members of Church or State may be bound non contra agere; not to do that which is contrary to a definitive ſentence.

It is ſufficient that in materia probabili (the common ſubject of humane Laws) there be a moral certainty in our Superiors, of the truth or goodneſs of what is thus defin'd: which is enough to oblige Inferiors to obedience; the Caſuiſts rule holding good in this point [Sires ſit dubia, praeſumendum eſt pro Legiſlatore;] reaſon, modeſty and humility, nothing dubiè (and that muſt be demonſtratively) appearing to the contrary, will (at leaſt) admoniſh us, to think the judgement of the Lawgiver the beſt and trueſt.

4. A fourth Argument is; becauſe it is a thing unreaſonable to affirm or imply, that Government under he Goſpel ſhould be left in a worſe, and inferior condition p. 20to the ſtate of it under the Law; rr2 Cor. 3.8.2 Cor 3:8St. Paul having advanc'd the miniſtration of the Spirit, above that of the letter; that is, the Oeconomic of things under the Goſpel, above that they had under the Law; of which things Government cannot be underſtood to be ſo inconſiderable a part, as to be excluded from having any ſhare in that Evangelical Prelation; which yet muſt inevitably follow; if the ſame diſeaſes remaining in the body politick, the Governours thereof ſhould be debarr'd the uſe of the like Remedies: I mean, if Chriſtians ſhall be (at leaſt) as liable to faction and Schiſm, as any Jews whatever; and yet the higheſt authority amongſt them, be not allowed ſufficient means to prevent, and reſtrain men from Innovations.

Add hereto, how ridiculous a thing it muſt needs appear to be, that men concern'd in Government, ſhould frequently meet, and conſult about making of Laws, for ſuch as had arm'd themſelves againſt all force of Authority with this Principle, viz. that they were bound to receive no Laws, further than ſhould ſtand with their own good liking and approbation. By which means it muſt come to paſs, that it would be the task of the Magiſtrate, not ſo much to contrive Laws that might promote Truth, Peace, Juſtice and Virtue amongſt men, as ſo to model his Laws, as mought beſt ſecure, both himſelf and them from contempt.

Ob. It may (perhaps) be objected, that there is a wide difference betwixt that God impoſeth, and what men injoyn.

Sol. To this I anſwer firſt, That it is to be obſerved, that God doth in this Law bind the Jewes to follow, not what he himſelf, but what their lawful Superiors (the Prieſt or Judge) ſhould define; to whom likewiſe he had not promiſed any infallible aſsiſtance, p. 21but on the contrary, had left them to the beſt uſe of their reaſon, which at beſt may erre: and when actually it did erre, yet were the Jews bound to follow, and not to diſpute, the (but) erroneous determinations of that Council that ſate in Moſes Chair.

And ſecondly, That the Law of God doth not exceed the juſt Law of the Church or State, in reſpect of the obligation, though it doth ſo in reſpect of its ſtability; the reaſon is, becauſe the obligative force of Law, is from the eſſence or nature of Law, and is the neceſſary effect of Law. The Law-giver doth not give to Law its eſſence, but its exiſtence; he may chooſe to make this or that particular Law, but when he hath made a Law, that Law hath its force from its own ſpecifical nature; for, that Law ſhould bind, is quid aeternum & immutabile, it is an eternal and immutable, becauſe it is an eſſential property of Law.

5. Laſtly, The revival of this Law is not oppoſite to Scripture, nor is the Scripture an adequate rule for all ſuch things as are to be done by us in our ſeveral places and callings; from whence it muſt needs follow; that the multitude muſt ſtand in need of direction and determination, either from themſelves, or from others, in many particular caſes.

Let no man think much that I have ſaid, that the Scripture is no adequate rule for particular actions; for if this were not true, it muſt follow (as the latessDr. Sanderſon Praelect. 4. Sect. 14. Reverend and Learned Biſhop of Lincoln obſerves) that ſuch as never had the Scriptures, never had any rule for particular actions; which is not onelyonly contrary to experience, but to that of the Apoſtle, Rom. 2.15. where he tells you, that the Heathens who had not that Law which God gave unto the Jews, did govern themſelves in particular moral actions, by that Law which was written in their hearts.

p. 22A principal but not an adequate rule of moral actions, we muſt acknowledge the Scripture to be; and therefore, as the Law of nature (by reaſon of its generality) doth ſtand in need of a ſupply, which it hath from the determination thereof, by particular humane Laws; ſo the Scripture, by reaſon of its generality (though not for that reaſon onelyonly) doth ſtand in need of a ſupply, from particular rules of particular actions.

For in moral actions theſe two things are to be conſidered; Firſt, The principal rule by which they are to be governed; together with the principal end unto which they are to be directed; and ſo the Scripture is a rule of all our moral actions, directing us to do all that we do in Charity, for edification of our Brethren, and for the Glory of God. The ſecond thing, is that immediate and adequate rule, whereby the action we are about to do, is to be govern'd; and this (as it is not neceſſary that it ſhould, ſo) the Scripture doth not preſcribe; but, as in things left unto our own choice, we govern our ſelves by that rule we eſteem beſt, or good: ſo, as we are members of the Church or State, Reaſon cannot but tell us, that in particular actions, our underſtanding as well as our will, may ſtand in ſubordination to ſuch as have a right and authority to govern us.

Diſſenters will eaſily be convinc'd by an inſtance in both. Theſe Reverend and Honorable Perſons (my Lords the Judges) have for performance of their duty, this rule of doing it from Scripture, Deut. 1.16. [Hear the cauſes between your Brethren, and judge righteouſly between every man and his Brother] this is the Principal rule of that action their Lordſhips are now upon; but the form, manner, time, place, yea the very rule of judging righteouſly between every man and his brother, is not preſcrib'd in Scripture, but by the Laws of this p. 23Land, unto which their Lordſhips hold themſelves bound to conform, as the adequate and immediate rule of their conſciences, in adminiſtring juſtice in this Nation.

The like inſtance I ſhall crave leave to give in a matter of exceeding great concernment to us, as we are members of this Church, and owe obedience unto his Majeſties Eccleſiaſtical Laws. It is the command of our dear Saviour, our Lord and Maſter Jeſus Chriſt, that the Sacrament of the Lords Supper be received often, in remembrance of his moſt pretious death and paſsion, and for the actual application of the benefits thereof unto the worthy Receiver; and that this be done with ſuch reverence and preparation, as becomes ſo holy and dreadful a myſtery; but the geſture, time, place, manner, and other circumſtances, are not preſcrib'd by Scripture, but left in the power of the Church to determine (who hath the ſtandart and rule of decency in her hands) niſi fortè tantum Sacramentum minùs deceat ordo, quàm confuſio; unleſs that Sacrament be the onelyonly thing that is beſt ſet out by diſorder and confuſion, asttde Rom. Pont. l. 4. o. …. Bellarmine ſmartly (if juſtly) replies upon the Centuriators; and the Apoſtle himſelf hath confuted with Judgements from Heaven, 1 Cor. 11.30.

Ob. But here it will be objected, That if this be granted, Chriſtian liberty would be no more but an empty name; and thouſands of good Chriſtians muſt hold themſelves bound to ſubmit unto ſuch Laws, as are not agreeable to their particular conſciences, which were to loſe the ſaireſt Jewel in the Crown of Reformation.

Sol. To this I ſay, God forbid but that every good Chriſtian ſhould have a due regard unto ſuch things, as lye in common unto the whole profeſsion, as Liberty and Conſcience do; but we muſt remember, that non plus nomini, quàm veritati tribuendum, that we do not ſacriſice truths to titles, and things to names.

p. 24Liberty is a word that the whole world (in a manner) firſt learnt from Luther, as that which dropt from Heaven into his arms; though many of his words and actions (applauded and imitated both then and ſince) could not be warranted by his very large Commiſsion. I mean it not ſo much of his burning the Corpus Jur is Canonici in the publique Market-place, in token that he had ſet all the world free from Laws (which he did thereby as truly, as Xerxes bound the Helleſpont, when he caſt a chain therein), but rather of his contemning and reviling the Civil Magiſtracy, on whom in his book de poteſtate ſeculari, he beſtows this Character, ſunt communiter maximè fatui, & peſſimi Nebulones ſuper terram; which amongſt other worſe (if there could be worſe) expreſsions, rendred him obnoxious amongſt his enemies, to that ſharp invective in the Diet at Worms [Exlex homo, leges ipſas omnes damnat, &c.] and made his frienduuCon. Geſn. in univerſal. biblioth. Geſner doubt what would become of that prodigious liberty; faxit Deus, ſays he, ne contentione & impudentiâ oris, obſit Eccleſiae ſuae. Yoaks of unjuſt ſervitude may ſometimes be broken, but Chriſtians muſt not fling the Pieces of them in the face of ſupreme authority.

But as for Chriſtian liberty, I ſhall ſay in one word, that it is beſt known by its contrary, and that is, by that Spirit of bondage which was in the unconverted Jews; ſo that Chriſtian liberty is no more but a freedom from the burden of the Ceremonial, and the curſe and rigor of the Moral Law; from the guilt and from the Law of Sin; from the fear, and from the power of Death. This I take to be all that can be found in the Scripture, which is the Chriſtians Magna Charta, the great conſervatreſs of his Liberty. Laws therefore that preſerve Order and Decency, and keep men from falling into ſin (the onelyonly vaſſallage of a Chriſtian) can p. 25by no means infringe, but rather advance Chriſtian Liberty.

As to the later part of the Objection that concerns private conſcience, ſuppoſed in ſome to be oppreſſed by ſuch Laws, to which others may as innocently as willingly ſubmit, I anſwer, that it may juſtly cauſe all ſober men to ſuſpect, that there is ſome error and faſcination in that opinion; Conſcience of late, having juſtified the Jews miraculous Fable of their Manna, namely, that it had the taſte of that which every one beſt lik'd; fleſh to one, fiſh to another, and fruit to a third.

Certainly men ought to be very jealous over the importunities of their Conſciences againſt publike Laws, when they ſhall reflect upon the miſerable deluſions of thoſe Miſcreants amongſt us, who having beſmear'd themſelves with the blood of their King, ſhould dare publikely to juſtifie (in the very face of Death and Judgement) ſo grievous a Crime, from the dictates of their private Conſcience, and their following of God, as they term'd it. Which laſt blaſphemous expreſſion will not ſuffer me to leave you unacquainted with that remarkable Caution for all in Authority, which fell many years ſince, from the Divine Pen of that incomparable xxIn praefat. Sect. 8.Hooker, Impoſsible (ſaith he) it is, that ever the wit of man ſhould imagine, what will grow out of ſuch errors, as go mask'd under the Cloak of divine Authority, till time have brought forth the fruits of them: for which cauſe it behoveth Wiſdom to fear the ſequels thereof, even beyond all apparent cauſe of fear.

But to ſpeak ſomething that may comport with the remainder of my time concerning this Objection.

This maxim muſt firſt be laid down, as an unqueſtionable Truth, viz. yySuar. de Leg. l. 1.Contra omnem rectitudinem eſt, bonum commune ad privatum ordinare, ſeu totum ad partem p. 26propter ipſam referre. Law-givers judge what is fit for the common good; and unreaſonable it were to ſtoop that unto private intereſts and reſpects. Suppoſing then that ſome Laws may appear contrary to ſome particular mens Conſciences; What ſhall be done? obey contrary to their judgements, or diſobey thoſe Laws for conſcience ſake?

For anſwer hereto, give me leave to ſay, firſt, That there is no contrariety betwixt azzSoto de Juſt. & Jur. l. 1. q. 6. art. 4. juſt Law, and a good Conſcience. That Law is undoubtedly a juſt Law, in which there is a concurrence of the juſtice of theſe four cauſes of Law, wherein the whole of it doth conſiſt; That is to ſay, the juſtice of the final, efficient, formal, and material cauſes of Law. 1. It muſt be for the common good. 2. The Law-maker muſt have a true legiſlative power. 3. The matter of the Law muſt be good, at leaſt indifferent. And 4. laſtly, It muſt have the right form of Law, i. e. it muſt be a rule of rectitude for humane actions. Such a Law doth neceſſarily oblige them to whom it is given; nor can it poſſibly be contrary to a good Conſcience; becauſe ſuch a Law is conform to right reaſon, as right reaſon is conform to the Law of Nature; and the Law of Nature to that eternal Law in the minde of the Divine Eſſence.

Let me give an inſtance or two. This is the Law of Nature, and to this right reaſon is conform, viz. That men live temperately. This Principle conſidered by the Law-makers, they judge it fit to make a Law, prohibiting the eating ſome kinds of meats, as of fleſh in the Spring or Lent, that thereby (amongſt other reaſons) Chriſtians might ſhew their temperance; which is not onelyonly an abſtinence from exceſs in the Quantity of all; but, in regard of the Quality of ſome meats, as appears by Daniel's faſt, in the 10. of that Prophecy, p. 27verſ. 3. Such a Law as this, cannot be contrary to a good conſcience, becauſe it is appointed for the practiſe of a noble Virtue, to wit, Temperance.

Again, as to the caſe in hand. This is a rule in the Law of Nature, That ſuch as are Governors of others, uſe all prudent means to prevent Sedition and Schiſm in the Church and State. Now if Law-givers are morally aſſured, that this cannot be done, without defining ſome things under diſpute amongſt their Subjects, and exacting from all a ſubmiſsion unto that rule, which they ſhall preſcribe by Law, and ſhall thereupon injoyn an uniformity of practice unto all the community, ſuch a Law cannot be contrary to a good conſcience; the reaſon is, becauſe the ſubmiſsion thereunto is an actual exerciſe of the Virtues of humility, obedience, charity and ſobriety. So, that unleſs to practiſe even Cardinal Virtues, be contrary to a good conſcience, There is no contrariety betwixt a juſt Law, and a good conſcience.

2. I anſwer ſecondly, That it is the opinion of many learned men bothaaHalenſis, Ant. Henr. Carthus. Vaſq, &c. Divines and Canoniſts, That he that ſubmits unto a juſt Law, though contrary to his own judgment, is not thereby guilty of ſin. The reaſon I conceive to be, becauſe no man is guilty of ſin, in doing of that, which God expreſly commands him to do. Now it is Gods expreſs command, that Subjects obey their lawful Governors, not onelyonly for fear of wrath, i. e. puniſhment, but likewiſe for conſcience ſake, i. e. that by their obedience they might avoid the guilt of ſin, Rom. 13.5. which obedience of Magiſtrates, it is impertinent for any one to ſay he performs, that refuſeth to obey the juſt Laws of ſuch as God hath plac'd in authority over him.

Some (indeed) have thought, that there is a middle courſe to be taken in this caſe, and that willingly to ſubmit to the penalty of the Law, is ſufficient to diſcharge p. 28charge the conſcience from all guilt of diſobedience. The reaſon of this aſſertion is, becauſe there is this rule in the Law [Et ſi non poteſt infligi poena ſine cauſâ, poteſt tamen ſine culpâ] there may be no fault for which a puniſhment may be inflicted, but there muſt be ſome cauſe.

This I acknowledge to be the judgement of ſome excellent Divines; but withall, it is to be obſerved, that they confeſs it holds true, only in that ſort of Laws which the Canoniſts term [Leges purè poenales] Laws purely penal; but it extends not unto [Leges mixtae poenales] Laws of a mixt nature.

But, as thoſe Laws which are purely penal, are very few, as appears by that Character of them whichbbQuoties per verba legis poenalis non declaratur ſufficienter proprium praeceptum obligans ad actum, vel omiſsionem ejus, praeſumendum eſt, eſſe legem purè poenalem. Suar. de Leg. l. 5. c. 4 n. 9. Suarez gives us; ſo are they not ſuch Laws of which we now treat; for theſe are both moral and penal; and in this caſe, to undergo the puniſhment, doth not diſcharge the Conſcience from the guilt of ſin: the reaſon is, becauſe there is a double obligation in every ſuch Law; it binds either to do, or to omit ſome moral act; and it binds likewiſe to undergo the puniſhment, if that act be not done, or omitted, according to the appointment of Law. For it is a true rule, that omnis praeceptio obligat ad culpam; every juſt command of our lawful Superior, leaves a guilt upon the conſcience of him that refuſeth to obey.

Now this is an hard caſe you'll ſay. So hard indeed, that I ſolemnly profeſs, that it cannot ſink into my underſtanding, that our merciful God ever intended, that men ſhould be reduc'd into ſuch horrible perplexities, as this caſe imports: for nulla eſt neceſsitas delinquendi, quibus una eſt neceſsitas non delinquendi, ſaithccDe Coron. Mil. c. 11. Tertullian; and the caſe may be ſuch, that a man may not be able to ſuſpend his action; and then, ſin he muſt whether he do, or not do as he is commanded.

p. 29However I ſhall not be peremptory and Magiſterial in a point of ſuch infinite importance (as by the erroneous doctrines and imaginative practiſes of men, the ſame is now become) veris nitimur & veriſimilibus non contradicimus, as the great Hiſtorian ſpeaks. Reliance I would have only on Truth; but things ſo likely to be true, as that firſt opinion is, I ſhall not contradict. If obedience unto Gods command, be a good Warrant againſt all; methinks it ſhould be ſo, againſt our ſelves; and that upon theſe two or three conſiderations, which I ſhall humbly offer unto all ſuch Chriſtians, who, as themſelves complain that they have tender conſciences; ſo their brethren have not had cauſe given them to complain, that they have had hard hearts.

1. Firſt I ſhall deſire every ſuch Chriſtian to conſider, whether it ſeems not unreaſonable to affirm, That there is in the ſoul of man a power, inveſted with a capacity of binding the Will, from obedience of juſt Laws, becauſe the end of all Government is hereby wholly fruſtrated and taken away; which is the preſervation of peace, virtue, and love in the whole community (whether of Church or State) by an uniform obedience of the ſame Laws, from the obligation whereof, conſcience is ſuppoſed to ſet all men equally free; and thereby to become the great Palladium of Sedition, Hereſie, Treaſon, and what not; whereof I wiſh there were no argument to be ſummon'd againſt the Gain-ſayers, from freſh experience of theſe evils.

2. Secondly, there muſt needs follow from thence, an odium not only upon all ſuch Laws, as ſuch men ſhall eſteem unjuſt (how juſt ſoever they be) but alſo, upon the very perſons of Princes, and of all inferior Magiſtrates, that ſhall put ſuch Laws in execution. And what think you will become of that Prince (if means and opportunity ſhould offer themſelves) who ſhall be eſteemed p. 30a Perſecutor of his People for conſcience ſake?

3. Laſtly, I ſhall leave it to the conſideration of the learned, whether the opinion ofddIn Pra…egom. ad P. Soto. Brentius, viz. That the Magiſtrate hath power to bind the conſcience in caſes that concern Religion; and yet that his ſubjects muſt not ſubmit thereto, without approbation of their own judgement; whether this opinion (I ſay) doth not interfere, and is of moſt dangerous conſequence to the Peace and proſperity of Church and State; which yet is that ſame opinion, which hath taken (by what means I know not) too ſtrong and deep rooting in the minds of many men, otherwiſe good and virtuous perſons.

For concluſion of this point. Seeing therefore that 1. The Apoſtles themſelves have defined matters in debate and controverſie in the Church, for prevention of Schiſm; And 2. That National and General Councils have done the like, as conceiving themſelves duly impowered and obliged thereto. 3. That it is neceſſary unto all Governments whatſoever, to be furniſh'd with all means that may preſerve them from certain ruin and deſtruction. 4. That things that concern humane Affairs, are not under the Goſpel, in a condition inferior to that which they had under the Law. 5. That the revival of this Law is not contrary to Scripture, nor the Scripture an adequate rule for particular actions. And laſtly, That liberty and conſcience duly conſidered, receive no prejudice by this Law of defining points under debate, and thereby impoſing an end unto controverſies:

I conclude, That this Judicial Law (as to the directive part of it) may be revived by Supreme Authority; and in the

IIIThird and laſt place, I humbly conceive it to be of force in this Government, as a fundamental thereof; and that for theſe two or three reaſons, which I ſhall mention in a word, and ſo disburden your patience.

p. 311. Firſt, becauſe the ſtate of this Church and Commonwealth ought no more to want any of thoſe means, which are neceſſary to her preſervation, than any other Church of Commonwealth in the world; and therefore God having declared, that a power of defining matters in debate, was neceſſary to the being and flouriſhing of his own Church, and Kingdom amongſt the Jews; the Government of this Church and State, cannot be reaſonably thought to be diveſted of that power.

2. Secondly, becauſe the Crown of this Realm is an Imperial Crown; the ſame which Vulcatius Gallicanus callseeSee Caſaubon. not. in Vul…. Gall. n. …0. p. 199. Imperium juſtum; which implies, that as it is independent from any other but God alone; So it cannot be conceived to want any thing that belongs to an abſolute and independent Government; and therefore is inſeparable from ſuch a power we ſpeak of; there being inherent in this Crown, not onelyonly a temporal, but an Eccleſiaſtical Dominion, ſuch as our ffAt. 37.Church affirms to have been in the Kings of Judah; and which was likewiſe in the Roman Emperors, as appears by that title of Pontifex Maximus derived unto them, together with the Empire; and which was retain'd by Conſtantine and his ſucceſſors, untillggZ…ſim. l. 4. Gratian's time, who firſt of all deveſted the Imperial Crown of that title, and thereby opened a way for Maximus to bereave him of his life. Let Princes think on that bloody but witty conceit ofhhBaron. ad an. Chriſt. 383. Symmachus (the Heathen Praetor of Rome) and then conſider, what it is to part with Eccleſiaſtical Dominion [Si Gratianus nolit eſſe Pontifex Maximus, brevi erit Maximus Pontifex.]

3. My third and laſt reaſon is founded in equity; becauſe the ſubjects of this Realm have not onelyonly an intereſt in making thoſe Laws whereby they are govern'd, but likewiſe a right to interpret thoſe Laws when made; if becoming doubtful, by reaſon of ſome p. 32ambiguous clauſes, or expreſſions therein: For although interpretatio Legum ordinariè Reverendos Judices Regni que ſapientes ſpectat, &c. (as ſaith JudgeiiI… Praeſat. ad lib. 4. Cook) though the expounding of the Laws doth ordinarily belong to the Reverend Judges and Sages of this Realm, yet in caſe of greateſt difficulty and importance, to the high Court of Parliament. In which Court of Parliament, the people of this Nation having their Repreſentatives, it muſt follow; that Equity will oblige them to ſtand to their own Act; as being done in that Great Council, wherein are both the Prieſt and the Judge; and from which lies no Appeal. A doctrine (ſurely) which now deſerves a better regard, than when it was (for many years together) the Palpit-aphoriſm of three Nations.

I ſhall conclude with a ſpecial direction of a few words to all, as their Places, Callings and Opinions, may be duly thought to concern them, in the deſign of this Diſcourſe; which the Searcher of all hearts knows, to be the product of that ſincere love, which I have unto all my Chriſtian Brethren, and unto the peace and wellfare of that Church and State in which we live.

And the words ſhall not be mine, but they ſhall be the words of the wiſe, which (I truſt) will be as goads, and as nails faſtned by the Maſters of aſſemblies.Eccl. 12.11.Eccl 12:11

1. And firſt for ſuch as are Diſſenters from this point; I ſhall leave upon their thoughts that milde and pious exhortation of the judicious Hooker, in his Preface to his unanſwerable Treatiſe of Eccleſiaſtical Policy.

The beſt and ſafeſt way for you my dear Brethren (ſays he) is, to re-examine the cauſe you have taken in hand, and to try it even point by point, argument by argument, with all the diligent exactneſs you can, to lay aſide all gall of bitterneſs, and with meekneſs to ſearch the truth. Think you are men, deem it not impoſsible for you to err: ſift impartially your own hearts, whether it be force of p. 33reaſon, which hath bred and ſtill doth feed theſe opinions in you. If truth doth any where appèar, ſeek not to ſmother it by gloſing deluſions, acknowledge the greatneſs thereof, and think it the beſt victory when it doth prevail over you. Far more comfort it were for us (ſo ſmall is the comfort we take in theſe ſtrifes) to labor under the ſame yoak, as men that look for the ſame eternal reward of their Labors; to be joyned with you in indiſſolvable bonds of love and amity. To live as if our perſons being many, our ſouls were but one; rather than in ſuch diſmembered ſort, to ſpend our few and wretched days, in a tedious proſecution of weariſom contentions, the end whereof (if they have not ſome ſpeedy end) will be heavy on both ſides. Experience hath made the Prophecy obſervable.

2. For theſe honorable Gentlemen whoſe concernment in Church and State are now allyed, and twiſted by his Majeſties favor, unto one and the ſame common end, to be procur'd and advanc'd by the ſame common truſt of power; of which I may ſay as Alexander inkkL. 10. Curtius did of his marriage with Darius his Daughter; that it was done by him, ut hoc ſacro foedere omne diſcrimen victi & victoris excluderet; I ſhall only minde you of that adviſe the late Wiſe and Pious llΕΙΚ. ΒΑΣ. p. 238.King gave unto his Son, his Majeſty that now reigns. Let nothing ſeem little or deſpicable to you in matters which concern Religion and the Churches Peace, ſo as to neglect a ſpeedy reforming and effual ſuppreſsion of Error and Schiſms; which ſeem at firſt but an hand-breadth, by Seditious Spirits, as by ſtrong winds, are ſoon made to cover, and darken the whole Heaven. I preſs you not to extremities: God forbid! Neither prudence nor Charity allow ſuch courſes; the State of this Church reſembles that in St. Auſtin's time; and therefore we may all ſay asmmLib. cont. Donat. c. 20. he did; Non tamen ideo Eccleſiam negligimus; ſed toleramus quae nolum us, ut perveniamus quo volumus.

p. 34To you (my Lords the Judges) I ſhall conclude, with an humble deſire that your Lordſhips will be pleaſed to reflect upon a few words of the Oracle of the Law; I ſhall give you them in his own language out of that excellentnnIb in Prafat. A Prince ought not to ſuffer his Laws to become a laughing-ſtock: And woful experience hath often taught (which I my ſelf have ſometimes obſerved) that m…ny of thoſe men that have ſtrained their wits, and ſtretched their tongues to ſcandalize or caluminate theſe Laws, had either practiſed or plotted ſome heynous crimes; and therefore hated becauſe they feared the juſt ſentence and heavy ſtroke. Preface, to the fourth Book of his Reports. Non debet Princeps ferre ſuarum legum ludibrium. Quin & ſaepius docuit miſera & luctuoſa experientia (quod aliquando ipſe etiam obſervavi) multos qui in id, ingenii nervos omnes intendêrunt, linguaſque exacuêrunt, ut legibus hiſce ſcandalum aut calumniam imponerent, nefarium aliquod crimen aut commiſiſſe, aut fuiſſe machinatos, ideoque leges odiſſe, quia juſtam cenſuram, & gravem plagam metuêrunt. My Lords,**2 Kin. 9.11.2 Kgs 9:11 You know the man and his communication.

Let me add but a word more. Amongſt the Jews God madeooExod. 21.29.Exod 21:29 this Law, That, If an Oxe were wont to puſh with his horn in time paſt, and it hath been certified to his owner, and he hath not kept him in, and he hath kill d a man or woman; the Ox ſhall be ſton'd, and the owner alſo ſhall be put to death. The words (my Lords) have a tropological ſenſe; tis obvious, and I ſhall leave it to your Lordſhips wiſdom to apply it.

And laſtly (that I may knit both ends of my diſcourſe together) I ſhall conclude to, and for all, in the words of Holy David, Pſalm. 19. Lord keep thy ſervants from preſumptuous ſins, leſt they get the Dominion over us, ſo ſhall we be undefil'd, and innocent from the great offence.

THE END.

End of the text · John Martin, Gods Own Law of Determining Controversies (1664)