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The Christian Sabbath Vindicated · Daniel Cawdry

The Christian Sabbath Vindicated, Part 1 · Chapter 1

CHAP. I.

Of the Terme of a Morall Law, and the Diſtinction of Laws into Ceremoniall, Iudiciall, and Morall.

THe Terme Morall, I. Ambiguity of the word Morall.being but a Scholaſticall Expreſſion, and not properly ſignifying that, which is uſually underſtood by it, by any ſide, in this Queſtion; We would not, by our good will, have medled at all with it; as having ever judged it a bone of Contention needleſly ſtriven about, by reaſon of its ambiguitie; And ſo, by not being diſtinguiſhed aright, having bred much miſtaking one of another, and much confuſion in Diſcourſes of this Subject.Why then we uſe it. But becauſe the World hath ſo taken it up, that it will not eaſily lay it down again, it is in a ſort neceſſary to make uſe of it, and accordingly to diſcourſe a little of it in the very entrance of our Diſpute, by ſhewing how divers men take it diverſly, & what we underſtand by it in this Controverſie: Though when all is ſaid and done, it will be ſtill an ambiguous Terme, and liable to miſtakes and quarrels.

II. Divers Acceptions of it. 1.The Notation of the word Morall, (relating to a Law) ſignifies, in it ſelfe, any Precept, ſerving to regulate the Manners of Men. And accordingly thus, 1. There are ſome, who ſeeme to take it ſometimes, as that it may (and doth) extend to all the Divine Laws in Scripture of what kind ſoever. Thus that learned Biſhop doth proceed:B. of E. Tract. of Sab. p. 26. [Divine Law called Morall, is a juſt Rule or Meaſure impoſed by GOD, directing and obliging to the obedience of things Holy, Honeſt, and Iuſt. The ſame is ſimply Morall, or Morall onelyonly by ſome Externall Conſtitution of GOD. Theſe Poſitive Lawes Morall, are either Perſonall, or Common, to all Mankinde, or to one Nation, &c.] But this we conceive to be too large a ſenſe: for this is to make the Ceremoniall and Judiciall Lawes,Primr. of Sab. p. 4. among the Jewes, to be Morall. And he is told by one of his own ſide, [This is to ſpeak againſt the ordinary Senſe and Cuſtome of all men,2. Acception of it. who uſe to diſtinguiſh Morall, againſt Ceremoniall and Iudiciall.] 2. Others againe take the word, to ſignifie only that which is Naturall; as if that only were to be termed Morall, which is of the Law of Nature. So the Author laſt named in the place cited in the Margent:Ibid. [This Law (Morall) all men take to be the Law of Nature; and reciprocally they take the Law of Nature for this Law.] And thus alſo doe others take it, or we underſtand them not. [The Morall Law (ſaith one) is that which concernes the manners of men,C.D. Diſc. of Sab. p. 6. The Law Morall is the Law Natural, G. Ironſ. of Sab. q. 7. p. 77. as men: and this commands thoſe things which in themſelves are acceptable and wellpleaſing to God, &c.] But ſay we, the Law Naturall only cōmands ſuch things; Therefore the Law Naturall only (in his judgement) is to be called Morall. This Senſe of theſe men we think to be as much too narrow, as the other was wide; and to be too ſhort to containe the full meaning of the word. For whereas Ʋniverſall, and ſpecially Perpetuall, are, even by their own confeſſion, Characters of a Morall Law; there may (we ſuppoſe, and they too) be found ſome Lawes which are but Poſitive, and not Naturall; which yet after they were once given, did (and doe) concerne all men in all Ages to obſerve, both under the Old Teſtament, and under the New: and ſo, we think, deſerve the terme of Morall Lawes. We therefore ſo underſtand the word,3. Our deſcription of a Morall Law. as to imply [any Law of God expreſt in Scripture, whether it can be proved Naturall, or not; which from the time it was given, to the end of the world, binds all ſuccedding Generations of their Poſterity to whom it was given; and more ſpecially obliges the Church, becauſe the Scriptures, the Word of God, was ſpecially written for them, and comes ſpecially to them.] And that there are ſuch Lawes, even in the Old Teſtament, not Naturall, yet in that ſort Vniverſall and Perpetuall, we ſhall diſcover, having premiſed briefly a Diviſion of Lawes generally contained in Scripture.

And here,III. Generall Diviſion of the Laws of God. letting paſſe the Perſonall Commands given to ſome particular men or women, for themſelves, and one or two more, and obliging none but them: as that to Abraham, To leave his Fathers houſe; and afterward, To ſacrifice his Sonne: And to Manoahs Wife, How to order her ſelfe being with childe, and her Sonne, when he ſhould be borne: and ſome other ſuch like; which are eaſily diſcerned by their Extraordinary Quality, Matter, and Reaſons, not appliable to others. Letting theſe paſſe, we ſay, The whole of Gods Lawes recorded in Scripture,Ceremoniall and Iudiciall Lawes, alſo called Judaicall and Moſaicall, though all not firſt given to the Jewes. may well be divided (as it is uſuall) into 3. Ranks, Ceremoniall, Judiciall, and Morall: of which the two former are commonly called Judaicall, or Moſaicall Lawes; though divers of the Ceremonials were not firſt given by Moſes, nor to the Iewes only, but in Ages before them: For Sacrifices were as ancient as Cain and Abel, (Gen. 4.) and no doubt, from a Divine command or inſpiration to their Father. And 2. the Prohibition of eating Blood, was given to Noah and all his Poſteritie, immediately after the Flood, Gen. 9. Alſo, 3. Circumciſion was given to Abraham and all his Poſteritie, (and their Families) which were to grow into divers Nations, Gen. 17. And perhaps ſome others, beſides theſe, may be found, which were given as Lawes, before Iſrael became a People, the People of God. Why then they are ſo called.But however, becauſe it is certaine, that whatever of this kinde was given a Law to Poſterities, was renewed to Iſrael by the Miniſtery of Moſes, when God took them to be his people peculiarly; therefore theſe, and all other peculiarly given to them, whether Ceremoniall or Judiciall, (which are not eſteemed Perpetuall) are termed Iudaicall, or Moſaicall Lawes.

IV. Generall Nature of Ceremonials and Judicials.The nature of which, that we may briefly diſpatch, we are to conceive, that the Nation of the Jewes, taken to be Gods peculiar people, was both a Church, the only Viſible Church that God then had upon Earth, as alſo a Body Politick, or Civill Societie. And in both thoſe conſiderations, God himſelfe was pleaſed to be their Lawgiver; and beſides the Morall Lawes, which concerned them as Men, (together with all the reſt of Mankind, both towards God, and one another) He vouchſafed to ordaine them other Lawes, as they were a Church, but a Church in infancie, and under age, till the Meſſiah, the promiſed Seed, ſhould come: and theſe are uſually called Ceremonials: And others alſo, as they were a Commonwealth, to whom the Land of Canaan was allotted for an inheritance, and from among whom that promiſed Meſſiah was to be borne: And theſe Civill Lawes are they that are uſually called Iudicials. But for as much as theſe two conſiderations, of their being a Church, and a Civill State, had both of them (as we have intimated) ſpeciall relation unto Chriſt to come, and ſo their very Land was a Typicall Land, and their Nation a Typicall Nation; It is hard to give any ſuch exact deſcription either of Ceremoniall or Judiciall Lawes, as ſhall neither be too ſcanty, ſo as to leave out none of that kind, nor yet enterfere with the other kind: And harder perhaps to find any Judiciall (proper to the Jewes) which had not ſomewhat of Ceremoniality in it. But we will endeavour to difference them as diſtinctly as we can; and that we doe in the manner following:

V. Deſcription of Lawes properly Ceremoniall.1. By the Ceremonials we underſtand, ſuch as concerned the Jewes, as Gods Church underage; and with them, ſo many, whoſe Anceſtors had received any of them, in matters between God and them, or relating to a mans particular ſelfe, even ſingle; Containing in them Types and Figures of Chriſt, and of his Graces and Benefits: Or, Documents of Spirituall and Morall Duties. And theſe were partly belonging to the outward Worſhip of God, which in thoſe times ſtood moſt in ſuch Typicall Obſervances; and partly belonging to matters of common uſe, as the Prohibitions of Meats, and of Touching ſuch and ſuch things (which thoſe Lawes made uncleane) and of Plowing the 7th. yeare, or with an Oxe and an Aſſe together; and divers ſuch like: By which God would traine them up, in that time of his Churches infancie, till Chriſt ſhould come, as the Apoſtle implies, Gal. 3. and Heb. 9. We ſay, traine them up. 1.Saint Peter ſpeaking of them Act. 15. ſaith, They were a yoke on their necks, which neither they nor their Fathers were able to beare. To enquire after the ſpirituall myſteries contained in thoſe Precepts and Prohibitions (of moſt of which no other tollerable reaſon could be conceived by them, but only, that God did intend them to ſignifie ſome higher matters) as alſo 2. to long for the comming of that promiſed ſeed, who ſhould deliver them from the bondage of thoſe weariſome obſervances, and burdenſome forbearances. As even by the Jews writings, it appears that they did expect ſuch freedome by their Meſſiah. Theſe we take to be properly Ceremonials.

But foraſmuch as the word Ceremony is of much uſe in our future Controverſie, and is diverſly taken by divers men:VI. Divers acceptions of the word Ceremonial by others. We will here, once for all (to avoid vain repetitions) diſtinguiſh it, according as ſeverall men uſe to take it. And withall, ſhew how far we conſent to ſuch ſences of the word, and why we diſſent from them at all. It is then taken three wayes by ſome others.

1. For Eccleſiaſticall, VII. 1. For Eccleſiaſticall.to ſignifie any externall Rite belonging to externall Worſhip: as being a Church-matter, and diſtinguiſhed againſt things Politicall concerning the Common-wealth. For God hath been pleaſed in all times of the Church, to Ordain, as ſome externall Worſhip, ſo ſome Rites and Ceremonies belonging thereunto, ſutable to thoſe times. And ſo Divines uſually ſpeak of the Tree of life in Paradiſe, That it was a religious Rite or Ceremony, and namely, to be a Sacrament to Adam in his Innocency. And in this ſenſe, even the Sacraments of the New Teſtament may be called Ceremonies, as being Eccleſiaſticall and Religious Rites, commanded by God for his Worſhip. And it is further ſaid by ſome, That by Gods preſcription, the Jews themſelves had divers Rites of this nature, not Typicall, of Chriſt to come, or his Grace, &c. yet Ceremoniall. [VnderUnder this name Ceremony, may, and ought to be compriſed (ſaith one) not only the Types and Figures,Prim…. part 1. c. 12. §. 17. which manifeſtly are ſuch: but univerſally all the obſervations of the Eccleſiaſticall Policy; ſome whereof had no Typicall ſignification at all, but were only Ordinances belonging to Order, and Eccleſiaſticall government.] Which though we cannot admit; as ſuppoſing all the Jewiſh Rites (though we be not able to riddle every one) to have been Typicall; particularly becauſe of that of the Apoſtle, Heb. 8. ver. 5. [That all things belonging to the Tabernacle, being commanded to be made according to the pattern ſhewed Moſes in the Mount;foreign &c. the Prieſts uſing them, ſerved for an example and ſhadow of heavenly things.] Yet for the preſent we are content to Record what he grants, as uſefull for ſome purpoſes hereafter, perhaps againſt himſelf.

VIII. 2. For temporary. Patt rn of Catech. Doct. p 234. D. Wal. diſſert. de Sab pag 16.2. Some others take Ceremoniall for Mutable and Temporary. So the learned Catechiſt gives the Notation of the word [foreign] given only for a time, and then after to expire. And ſome others as they take Morall and Immutable for the ſame, ſo by Ceremoniall they underſtand changeable and Temporary. And if we take it ſo, then all the Judicials, as they are commonly called, come no leſſe properly under the term of Ceremoniall, then the Typicalls. But though we believe ſundry Judicials had ſome Typicallneſſe in them (…s was toucht before) and ſo were partly Ceremoniall; yet to rank them and the Typicalls both equally under the term of Ceremoniall, we think, is a little too much to confound things different.

IX. 3. Figurative.3. Others by Ceremoniall, underſtand only Figurative (as unqueſtionably moſt of the Jewiſh Rites were) but then they divide them into three ſorts, as being (they ſay) either 1. Memorials of ſomewhat paſt, or 2. ſignificative of ſomewhat preſent, or 3. Typicall of ſomewhat to come (of Chriſt, his Actions, or Paſsions, or Benefits, ariſing from both) and ſome Ceremonies had all theſe uſes, undoubtedly, as the Paſſeover, and ſome others. This ſenſe wee grant (in part) to be proper: having before deſcribed Ceremonies to be Types, Figures, and Documents. But we ſhall not eaſily grant them, that [All Memorials of things paſt, or ſignes of things preſent (no not under the old Teſtament (much leſſe under the New) are properly called Ceremoniall, ſo as to be contradiſtinct to Morall, and ſo to be mutable and temporary] we by morall underſtanding perpetuall, as we ſaid before.

X. Deſcription of Laws properly Judiciall.Now for the Judicials, we conceive they may be thus deſcribed to be [Lawes given to the people of Iſrael, in civill matters between man and man, to order them, as they were a body politick, to whom the Land of Canaan was allotted for an inheritance, and from among whom the promiſed Meſsiah was to be born] We put in thoſe relations, to the Land of Canaan, and to the Meſſiah, becauſe all the peculiar civill Laws they had, were founded (as we ſuppoſe; and inſtances may undoubtedly be given of it in very many of them) upon peculiar reſpects unto thoſe Promiſes. Which we the rather conceive, becauſe ſome of them were Indulgences, and ſome Precepts, which are not now ſo much as lawfull to be practiſed, (much leſſe perpetuall and neceſſary to us:) As to inſtance in no other but that of Divorce, which was an Indulgence to them, as our Saviour expreſly ſaith, and by Him thenceforth repealed, Mat. 5. & 19. & Luk. 16. And that of marying the Widow of a Brother dead without Children; which was not ſo much an Allowance, as a ſtrict Precept; but yet eſteemed by Divines generally unlawfull now; as was at large diſputed in the famous Caſe of our King Henry the 8. having maried his Brother Arthurs widow: and appears contrary to the law of Lev. 18.16. Lev. 20.21. Which Law of not marying the Brothers Widow, being but Poſitive, (as we ſhall anon have our Adverſaries confeſſion for) though God made it Morall to all Generations, yet he was pleaſed then (as he might) to make that forenamed particular Exception from it, among the Jewes, in regard of preſerving Inheritances in Families in that Land, which he would have diſtinct among them for the Meſſiahs ſake, to know clearly of what Tribe he came, and the like. So then we eſteem thoſe properly Judicials, which between man and man were Relatives to the Land of Canaan, XII. Morall Lawes deſcribed.and expectation of the Meſſiah. And all other, (not ſuch, nor Ceremoniall, as before) we eſteem Morall. And of theſe Morall Lawes we are now to ſpeak ſomewhat more largely. Of which we think it convenient to repeat the Deſcription,XIII. The deſcription of a Morall Law cleared, in 5 branches. and aſſigne ſome Reaſon of the ſeverall parts of it, and then proceed to the Diviſion of it, according to our Scope.

[A Morall Law, (we ſay) is, any Law of God, expreſt in Scripture, (whether it can be proved Naturall, *When we ſay, a Morall Law bindes, we deny not, but God may diſpence at his pleaſure with any Morall Poſitive, as in the caſe of Inceſt before noted.or not) which from the time it was giver, to the end of the World, bindes all ſucceeding Generations of their Poſterity to whom it was given; and more ſpecially obliges the Church, becauſe the Scriptures, the Word of God; was ſpecially written for them, and comes ſpecially to them.] Here we 1. ſay, Any Law of God expreſt in Scripture; becauſe the Scripture containes all the Lawes of God, even thoſe that are called Lawes of Nature, (and written plainly, or at leaſt in their Principles, in all mens hearts) as well as any ſpeciall and Poſitive Inſtitution of God. The Scripture, we ſay, hath all: and nothing is to be admitted, no not under the Title of a Law of Nature, what conſent ſoever it may pretend to plead from the Heathens and Naturall men, which is not warranted by Scripture (in expreſſe words, or certain conſequence) to be Gods Will and Command, even now.

2. We ſay, [whether it can be proved Naturall, or not] becauſe we undertake to prove ſome Lawes perpetuall, which we will not contend to be Morall Naturall.

3. We ſay [from the time it was firſt given] as well, becauſe we eſteem ſome Lawes, granted to be Morall, and given under the Old Teſtament, not to be given at the Creation, but many yeares after; as that againſt Marying of Brothers and Sisters together, (of which we ſhall ſay ſomewhat anon) as alſo becauſe we ſuppoſe the Lawes concerning the two Sacraments of the New Teſtament, and ſome other Evangelicall Laws, to deſerve the name of Morall, being Perpetuall undeniably, though not given till our Saviours comming in the Fleſh.

4. We adde, [which binds all ſucceeding Generations of their Poſteritie to whom it was given:] that we may prevent the Quarrell of diſputing of the manner of Promulgation: For if it were given to the Parents, the Tranſgreſſion muſt needs be a Sin (though of Ignorance) in thoſe of their Poſterity, who having loſt the Knowledge of it, had alſo forſaken the Practice: And ſo even men account Ignorance of Humane law, once clearly given, not to excuſe totally. 2. That we may not include any, who neither by themſelves, nor their anceſtors, ever heard of a Law, if only Poſitive, as the New Teſtament Lawes particularly, (which till the Goſpel be preached in a Nation, cannot oblige them) if any Nation can be ſuppoſed never to have had them.

5. Finally, we ſay, [They more ſpecially oblige the Church, becauſe the Scripture, the Word of God, was ſpecially written for them, and comes ſpecially to them.] This addes a ſecond Obligation, even to the Lawes of Nature, and ſo to all others formerly given; and ſo Iſrael was the ſecond or third time obliged to the Lawes of the Decalogue, and ſome others, becauſe they had a renewed, (and ſo more undeniable) Charge of them, by Word and Writing; and could not ſo much as plead Ignorance, unleſſe wilfull, through neglect of the Scriptures, which was ſpecially given them to be Gods Statute-book, and Authentick Record of his Lawes. Of which, ſo many as He was pleaſed to ordaine to be Perpetuall, we aſcribe the Terme of Morall unto, as we have ſaid.

And of theſe we ſay further, and clearly,XIV. Morall Laws divided into Naturall and Poſitive. (though we have given intimations of it already) That they are of two kindes; Morall-Naturall, and Morall-Poſitive. Which agreeing in Perpetuity, (as far as we have already ſhewed) doe differ in their diſtinct Properties; as will appeare by their ſeverall Deſcriptions, to which we now proceed in their order.

And firſt, a Law Morall-Naturall, we think,XV. Deſcription of a Morall Naturall Law. may thus properly be expreſt: [A Law of Things neceſſary to be done or forborne, toward God or Man, our ſelves, or others: which the Nature of Man now (though corrupted) either doth acknowledge, or may at leaſt be convinced of to be ſuch, (even without the Scripture) from Arguments drawn from thoſe Principles which are in the hearts of all men generally even now.] So that he muſt contradict ſome of thoſe Principles, which yeelds not to thoſe Lawes, ſpecially when he is rationally urged with them. Or more briefly thus: [A Law of Nature is a Law, which may be proved not only juſt, but neceſſary, by Principles drawn from the light of Nature, which all Reaſonable men have ſtill in their hearts.] We chuſe to expreſſe it thus, rather then, as ſome others doe,XVI. Refuſall of other Deſcriptions. 2 Reaſons againſt a firſt. in a twofold Variety, and as we conceive, Erroniouſly on either hand. 1. Some deſcribe it, by [being written in mans heart at the firſt Creation.] But this we apprehend to be a very uncertaine (not to ſay altogether impertinent) Deſcription. For if we ſhall conſider, 1. That the Scripture no where characterizes any particular Law by theſe Titles, of being a Law of Nature, or written in mans heart at the firſt Creation. 2. That all mens Natures are now corrupted; and ſo created Nature is to us at this day a merum Non-ens; with it we have nothing to doe in this Queſtion, becauſe we cannot know all that was then written in mans heart. But will we, nill we, our preſent Nature (though corrupted) muſt be the Judge, according to the light it hath ſtill left,XVII. 2. Another rejected. Which Laws are abſolutely neceſſary for all men, and ſo, Which are Laws of Nature. 2. Others (and perhaps the ſame men at another time) deſcribe it by [being written in the hearts of the Gentiles of old] And ſo they goe to ſeek in Humane Authors, for the generall Practice and acknowledgement of the Gentiles; which where they finde wanting, they deny ſuch Lawes to be Lawes of Nature: And under this pretence, they ſtrongly reject (as they think) the 4. Commandement for one Day in ſeven, from being Morall, (by which they will underſtand only Morall-Naturall) becauſe it was not written in the hearts of the Gentiles, not acknowledged, nor practiſed by them of old.

XVII. 2 Reaſons of it.But this deſcription of Morall-Naturall we cannot admit, for a double Reaſon. 1. Becauſe ſome Lawes had the Teſtimony of all the Heathens Practice and Acknowledgement generally, and ſo ſeemes written in all their hearts; which yet are ſo far from being Morall-Naturall, that they were meerly Ceremoniall, and are now aboliſhed; as the Law of ſacrificing ſome materiall things to God; a Sheep, or an Oxe, or Flowre, or Wine, or the like. 2. And ſpecially, becauſe the moſt undeniable Law of Nature (or one of them) that is, or can be, namely, the worſhipping of one only God, ſhall not be Morall-Naturall, if we ſtand to the proofe of the Generality of the Heathens Practice and Acknowledgement. For all that know any thing, know, that they generally (and even the very Jewes too, very often, before the Babyloniſh Captivity) worſhipped a Plurality of Gods. If therefore the Gentiles not obſerving nor owning a ſeventh-day Sabbath, be a ſufficient proofe to evince the 4. Commandement not Morall, (though we contend not for its being Morall-Naturall, as it commands ſo much, and no more, of ſolemne Time for Continuance and Frequencie together) It will not only thruſt out alſo the ſecond Commandement from being Morall, becauſe it is apparent that all the World, of old, made and worſhipped Images; and ſo it is cleare, that Law was not generally written in all their hearts: But even the firſt Commandement will not be admitted to be Morall, becauſe all the World generally worſhipped a plurality of Gods: And ſo neither was the Law of [having no other Gods but the Lord] written generally in the hearts of the Gentiles: We know, ſome of the wiſer Philoſophers did indeed profeſſe but one God, as Socrates; but even for that (as they write) he was condemned to death by his ungodly Countrymen. Alſo it is certaine, that it may be proved, even from thoſe Principles of the light of Nature remaining in the hearts of all Reaſonable men now, [That there is but One GOD] and ſo, [That we are to worſhip Him alone, and ſo but One.] Whence it followes, that as there is now no other Judge of Lawes of Nature, but our preſent Nature, however corrupted: ſo we ſay, the Judgement muſt be made, not ſimply according to firſt Apprehenſions, but awakened Principles.

Therefore alſo for a further clearing of theſe Lawes of Nature, XVIII. Degrees of Morall Naturall Laws. 1. Principles. Aquin. 2.….94. art. 2. c. 1we adde, [That they are not all of equall evidence or cleareneſſe, but admit of Degrees.] And ſo they may be further diſtinguiſhed: 1. There are ſome Principles of Nature: of which the Great Schooleman thus writes: [Although in themſelves the Precepts of the Law of Nature are many; yet may they all be reduced to this one; Good is to be proſecuted, Evill is to be avoyded.]

2.2. Concluſions. Some are Concluſions neceſſarily reſulting from that Principle by way of Demonſtration. Which Concluſions, as they ariſe at the firſt or ſecond hand, or the like, may further be diſtinguiſhed into immediate, or mediate. The immediate Concluſions are only two:Immediate. Mat. 2…. The firſt, [Thou ſhalt love the Lord thy God with all thy heart, &c. And the ſecond, Thou ſhalt love thy Neighbour as thy ſelfe. On theſe two Commandements, ſaith our Saviour, hang all the Law and the Prophets.]

The mediate Concluſions are ſuch,2. Mediate. as doe alſo ariſe from the former Principle, but by the interpoſition of the two former Concluſions. And of this kinde are confeſſedly ſome, even moſt of the Commandements of the Decalogue, if not all. But of this more anon.

The ſumme then of this Diſcourſe of Naturally-Morall Lawes, XIX. Character of Laws Moral-Naturall.is, That their proper Character is, [To be in themſelves not only juſt and convenient, but even neceſſary, in the Nature of the Laws themſelves: for all reaſonable creatures, ſuch as Mankind, are univerſally and perpetually to ſtand obliged unto, toward GOD, themſelves, and one another: and which very Nature, though corrupted, may be forced to confeſſe ſuch.

But now beſides theſe Morall-Naturall Lawes,XX. Deſcription of a Morall-Poſitive Law. there are (we ſay) others, which we call Morall-Poſitive. And theſe we deſcribe to be, [Laws, clearely laid down in Scripture, (in expreſſe words, or certaine conſequence) which Nature, though corrupted, cannot reaſonably deny to be juſt, good, (and ſo convenient to be perpetuated, according to the Lawgivers pleaſure:) Though antecedent to His Will, ſome way revealed to them, it would not, nor could not have judged them to be of themſelves altogether neceſſary] Nature, even corrupted, cannot deny, but that it is fit, that the Law-givers Will and Pleaſure ſhould ſtand for a Law with his Creatures: and ſo, though it could have diſcerned no neceſſity of ſuch, or ſuch an Obligation, by the light of Nature meerly, (as perhaps even created Nature could not in ſome of them) yet ſuch equity and equality and goodneſſe being in them, as they cannot but acknowledge them convenient, and fit to be perpetuated, unleſſe God have expreſt himſelfe to the contrary. Theſe we call Morall-Poſitive Laws, and eſteem them univerſall to all their Poſteritie to whom they were given, and Perpetuall to them, from the time they were given, unto the Worlds end, and ſo to all the Church in after ages, unleſſe where God was pleaſed to make any particular exceptions or exemptions. And though we confeſſe God might have changed, or abrogated any of theſe Lawes ſo qualified, yet we doe not beleeve that He hath, unleſſe it be undeniably expreſt of this or that particular Law in queſtion. Of which perſwaſion we ſhall give our grounds in due ſeaſon.

And now, upon this Diſtinction (if we be not deceived) the greateſt part of the preſent Controverſie in this Diſcourſe depends. It concernes us therefore to vindicate this fully, and make good this ground, before we proceed any further. And that there are ſome Poſitive Lawes in Scripture, thus Morall, that is, of univerſall extent (after they were once given) and perpetuall obligation, we thus endeavour to make manifeſt.

XXI. Proofes, that there are ſuch Laws. 1. Gods Prerogative may make ſuch.Firſt, GODS Prerogative and abſolute Dominion over all men as his Creatures, (as we touched before) may authoriſe his Will to make ſuch Lawes, and to impoſe them upon the World, and that even for a proof of his Prerogative Royall & abſolute dominion, and conſequently a Tryall of his Creatures Obedience. And this is in a manner acknowledged by one, that yet makes exception to this Diſtinction:Primr. p. 5. [It muſt (ſaith he) be the revealed will of GOD, that matches Poſitive with Naturall Lawes, and marks them with the ſilver ſtamp of Immutabilitie.] So we ſay, it muſt be, and ſo it is, for

XXII. 2. His wil hath done ſo in ſeverall Ages.Secondly, the ſame Will that was pleaſed to make Poſitive Laws univerſally and perpetually obligatory to the World of the ſame Age, may, no doubt, make Lawes univerſall and perpetuall for both Ages of the World: But God hath done the former, as will appeare by theſe inſtances: 1. For the old World, even beginning with Adam, and ending with Chriſt, (as Divines commonly make the period) the Law of Sacrifices was an univerſall and perpetuall Law; the practice whereof we find in the very beginning, in Cain and Abel, without doubt, not without ſome Divine command to their Father: and all ſucceeding Generations, even of Heathens practiſed this. 2. To Noah was a Law of this kind given, for himſelfe and all his Poſteritie, as cannot be denied, Gen. 9. To abſtaine from eating blood; though afterward it was more ſpecially renewed, and applied to the Jews; and the Gentiles loſt it, as they did other things, even of the Law of Nature, as we touched before. 3. In the new World, beginning with Chriſt,At leaſt for this Age. and continuing till the day of Judgement, the two Sacraments of Baptiſme, and the Lords Supper, are unqueſtionably Poſitive Lawes, yet univerſall, (as ſoon as the Goſpel comes to any) and perpetuall; and ſo may be termed Morall, from the time they were given, to the worlds end. 4. Nay, we have a Record of a Law Morall-Poſitive given to Adam, even before his fall, reaching to all his Poſterity, to the worlds end, viz. The not eating of the fruit of the tree of Knowledge. For, that it bound all men, appeares by too wofull experience, all Mankind being ſinners for breaking of it in and with Adam. Therefore ſince God hath done thus from the beginning, to give Poſitive Lawes, and yet make them Morall, Univerſall, and Perpetuall; we can ſee no reaſon, but that there may be ſome other ſuch, for both Ages of the World; Only we muſt looke that we pitch our mark aright, upon thoſe that are indeed ſo. To which therefore we ſay further.

Thirdly, that not only there may be,XXIII. 3, There are ſuch ſtill in force. Confeſſed by the Adverſaries themſelves. XXIV. 1. in Senſe. C. D. p. 8. but that there are ſome other ſuch Poſitive Lawes delivered in Scripture, that from the time they were firſt given, bind all Poſterities in the Generations ſucceeding, even in all Ages: and this by the confeſſion of the Adverſaries themſelves. 1. in ſenſe, and 2. in plain words.

1. In ſenſe: To which purpoſe, let thoſe words of one of them be conſidered: [That however all the Precepts of the Morall Law, (he meanes it of the Decalogue) belong to the Law of Nature, as being agreeable to Reaſon (which is the rule of humane actions) and are, in that reſpect, of perpetuall obſervation; yet all of them are not of the ſame ranke, nor belong in the ſame degree and manner to the Law of Nature. Somethings there are, which we by the inſtinct of Nature preſently ſee to be good, or bad, &c. Others there are that require more conſideration of Circumſtances, and uſe of Diſcourſe, to apprehend and judge of them. And laſtly, there are ſome, to the knowledge whereof Humane Reaſon ſtands in need of Divine inſtruction. And theſe two latter ſorts, ſpecially the laſt, though they in ſome ſort belong to the Law of Nature, (and were haply, at our firſt Creation, written in the Tables of mans Heart, in more plain characters, and more eaſie to be read, then now ſince the fall they are) may, in reſpect of the other, be termed Morall, not in regard of Nature dictating, but in regard of Diſcipline, informing Nature.] He ſpeaks here of the laſt ſort of Laws, under the Title of Lawes of Nature, (which is more then we will ſay:) But afterwards, qualifying the ſpeech, and calling them Morall, not in regard of Nature dictating, but in reſpect of Diſcipline informing Nature; he ſaith the very ſame that we doe: For Morale Diſciplinae, and Morale Poſitivum, are one and the ſame: Divine Inſtruction or Revelation (contra-diſtinguiſhed to Nature) and Divine Impoſition, is altogether the ſame in point of Lawes.Tract. of Sab. pag. 3. To which purpoſe ſee another of their own, Mr. Brerewood by name, who being dead, was forced firſt to ſpeak againſt the Morality of the fourth Commandement: yet this Diſtinction he acknowledgeth, and applies to the fourth Commandement: [Morall is that which belongs to Manners; 1. by the inſtinct of Nature, as belonging to the inward Law written in our hearts. Or 2. by Inſtruction of Diſcipline, as being of the outward Law appointed by GOD, as that of obſerving the ſeventh Day; ſo that it may be termed Naturall, (which is more then we yet ſay) as being not of the Inſtitution of Nature, but of the Diſcipline of Nature, &c.]

XXV. 2. In expreſſe words. Bp. of E. p. 27. Namely, 1. Againſt Polygamie. Proved Poſitive, yet Morall.Secondly, in the very words, the learned Biſhop ſpeaking of Lawes Poſitively Morall, ſaith, [Some are common and generall to all Mankinde, as the Law of Polygamie and Wedlock, within ſome degrees, mentioned Lev. 20.] And that the Law againſt Polygamie, publiſhed by Adam, or by GOD himſelfe to Adam, at the firſt beginning: [For this cauſe ſhall a man leave father and mother, and cleave to his wife, and they two ſhall be one fleſh, Gen. 2.] was indeed but Poſitive, may be ſufficiently concluded, by that, that many, even of the holieſt men, after Abraham, were Polygamiſts: Of whom it were a wild ſentence, to ſay, they lived continually in a breach of a Law of Nature: Can it be ſuppoſed, that thoſe holy men who had the light of Divine revelation often, ſhould generally have wanted light about a Law of Nature? or much leſſe, that they could have lived in a Practice againſt any light they had?Divines alſo generally acknowledging the Negative part of the Lawes of Nature to binde (ad ſemper) and to be perpetually indiſpenſable. It was then a Poſitive Law, yet Morall; and therefore (though ignorantly) yet they ſinned in breaking of it, as appeares by what Malachy writes, Mal. 2. And our Saviour ſpecially argues from the inſtitution of Mariage in the beginning, Mat. 19.

Again, for the Lawes againſt inceſtuous mariages, XXVI. 2. Againſt inceſtuous Mariages: proved Morall, though Poſitive.(wherein we have at once many inſtances of Lawes Poſitively Morall) That they were, and are Morall, appeares by Gods counting the Tranſgreſſions, ſuch Abominations, when he ſpeaks of them; and ſaying, that for them the Land of Canaan did ſpue out her Inhabitants, though Gentiles. And that they were yet but Poſitive, appeares alſo by the ſpeciall inſtance of Cain and Seth, marying their ſiſters: and neceſſarily; for there were no other women to marry: yet had they not only leave, but charge to increaſe and multiply, Gen. 1. But conſidering that (as was ſaid before) Negative Lawes of Nature bind (ad ſemper) and are held perpetually Indiſpenſable, It is not to be imagined, that God would have neceſſitated them to break a Law of Nature: but rather for the time have created them wives, as he did to Adam. It was therefore a Poſitive Law given after that time, and ſo (from thenceforth) Morall, Univerſall, and Perpetuall: And their Perpetuity is alſo acknowledged by all Divines, and even many of the Heathens.

From all which, as we have made our Diſtinction good;XXVII. Some inferences from thoſe Confeſſions. Pag. 31. ſo we may alſo note, 1. That the Biſhops 3. character of a Law ſimply and formally Morall, (by which he meanes Morall-Naturall) [That it is of univerſall and perpetuall Obligation] is not ſound and true, becauſe not convertible. For himſelf hath given us here an inſtance of many Lawes common and generall to all Mankinde, and conſequently, of univerſall and perpetuall Obligation, which yet he confeſſeth to be poſitively Morall.

2. And further, if a Poſitive Law may be of perpetuall Obligation, why may it not be of immutable Inſtitution? They were not then well adviſed, who cavill at this Poſition, as an affirmation without ground,Hiſt. of Sab. part. 2. p. 177. and without reaſon, or [ſuch a peece of Learning and Contradiction, as was never put up to ſhew, till in theſe latter times.] For what is that they quarrell at? [That a Poſitive Law ſhould be immutable in it ſelfe.Dr. Ames. Theol. 2. c. 15. §. 6.] So the Hiſtorian reports Dr. Ames his words: But the Doctor (if he look again) did not ſay, it was immutable in it ſelfe, (that is his addition) but immutabilis plane Inſtitutionis: he meant it with reſpect to men, on whom it was impoſed, who have no power to change the Inſtitution of GOD: For ſo he addes, [So that in reſpect of our duty and obligation, it hath the very ſame force with thoſe Lawes that were Naturall.] And again, a little after, [This Poſitive Right, on which this Inſtitution is grounded; is right Divine, and in reſpect of men, altogether immutable.] Mark you Sir, in reſpect of men, and Divine Inſtitution, it is immutable, not in it ſelfe. And we heard before, that the revealed will of God may match Poſitive with Naturall, in regard of Immutabilitie. But beſides theſe, we have the approbation of this Diſtinction, by other Authors: Take one more;Tract. of Tithes. Mr, Carleton (afterward a Biſhop) diſtinguiſhing of the right of Tythes, ſaith thus: [Morall things are ſo, either by Nature, or by Inſtitution; as ſanctifying a ſeventh day, and Tithes] And we cannot but wonder, that theſe men, who ſo ſtifly plead for Tithes to be due Jure Divino, not Naturall, but Poſitive, ſhall yet cry out of this Diſtinction, only when it is applied to the 4th. Commandement, for one day in ſeven. Let them conſider it.

XXVIII. Agreements of Morall-Naturall, and Morall-Poſitive Lawes.The diſtinction now of Morall Lawes into Naturall and Poſitive, being ſufficiently cleared, we ſhall only propound the further agreement of theſe Lawes, and then conclude this Chapter. They differ as afore, and agree in 2 things, beſides Perpetuitie.

Firſt, in their Authority, and force of Obligation: A Poſitive Law in force, doth as ſtrongly binde the Conſcience, as a Naturall; (aeque, though not aequaliter.) 2. In their Independence, both depend upon God, Pag. 31.and not upon the will of man; and ſo are indiſpenſable by humane authority. The Biſhop therefore miſapplieth this peece of his 3d. Character, as belonging to Lawes ſimply and formally Morall, [That no Authority of men or Angels can exempt or priviledge any from their Obligation.] For neither can they doe it in a Poſitive Law.