〈◊〉 〈◊〉 of whom mention is made in the fourth verse of this 2 of the Galatians who pretending that they came from James did indeed creep in privily of themselves to observe the liberty of St. Paul and other Christians as some do think or rather as others are of opinion and more probably whether they were weak Brethren sent indeed by St. James but as yet not throughly instructed concerning the cessation of the Rites and Ceremonies of the Law St. Peter desiring to be gracious with them or rather fearing to give them an offence did immediately and altogether abstain from the Tables and the society of the Gentiles and from the meats forbidden in the Law of Moses by whose example the Jews of Antioch being induced who by the Sermons of Paul and his fellow labourers in Christ had been taught the Christian â—iberty a little better than those that came from Jerusalem and more fully understood the abolishing of the ceremonial Law yet being but weak themselves and more addicted to the ceremonies to which a long time they had been accustomed they easily suffered themselves to be seperated from the communion of their brethren the believing Gentiles not without some suspition as it is probable that Peter the chief of the Apostles was the more compent judge of these things what was to be done that themselvs were hitherto drawn in by Paul with the gratefull but the empty shew of liberty and what is more to be admired for it is not strange or unaccustomed for the weaker sort to stumble even Barnabas himself who was St. Pauls collegue and his daily companion in his journeys who constantly asserted the Doctrine of Christian liberty against the Jews being overcome by the authority of so great an Apostle did stoop with him into the same fellowship of dissimulation not without a great offence to the believing Gentiles III. Paul doth here declare that for this fact St. Peter was reprehended by him and that vehemently openly and deservedly Not only that he himself to the scandal of so many of the brethren out of too great desire of complacence or thâ— fear of offence had shewed himself more favourable to the Jewish ceremonies than did become him but that he drew others by his example into the same participation of Hypocrisie with him and by the same example had endeavouted to enforce the believing Gentiles although unwilling and against their Consciences unto Judaisme I am not ignorant that St. Hierom having alleged some other Authors that jump with him in that opinion doth give a far different interpretation of this reproof than what I here have specified viz. That this affair was not carryed seriously and as indeed it was betwixt these two chiefest of the Apostles but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and by contrivance the benefit of the Church at that time so requiring it Indeed he would perswade us that this dissimulation of St. Peter was necessary to retain the good opinion of the Jews which that it might not be too dangerous to the Gentiles this counterfeit reproof of St. Paul was altogether as necessary by which the errour of the Jews concerning the continuing force of the ceremonial Rites might be so corrected that by the same endeavour provision should be made that no danger of scandal should be given to the Gentiles And thus by the conjoyned dissimulation of both the Apostles it was so effected that the Jewes as well as the Gentiles should by this pious fraud be more easily retained in the faith of Christ which not long they had imbraced These words therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are so handsomly interpreted by him to maintain his own opinion as above all other of the Fathers he is accustomed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to serve those assertions which are but his own conjectures that the words he withstood him to the face do not in his construction signifie openly and before the people or to his own face but only under a pretence and shew and according to the outward appearance in which construction these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are by him usurped also as it is manifest 2 Cor. 10. 7. IV. This opinion of St. Hierome was nothing pleasing to St. Augustine who denieth that any thing was here done by contract or contrivance but that St Paul most sincerely and exprssely did oppose himself to this unseasonable combination he therfore in a letter did very friendly admonish St. Hierome of his errour Inter Epist Hierou Epist 97. who persisting more obstinate in his opinion letters being often sent from the one to the other the question began to be disputed betwixt them as became the contestation of two such great wits with much acutenesse on both sides and with solid weights of reason at the last in the judgment of most men the victory stood on St. Augustines side and his arguments being conceived to be more sound and more considerable but very few did adhere to the opinion of Chrysostome in which it is not to be wondred at if Cardinall Baronius were one who being carefull that the affairs of Rome should not suffer any diminution and that the infallibility of his Jove of the Capitoll should not grow into contempt if any stain of rashness or error should blemish the reputation of St. Peter or if any man should be so bold to reprove him or to dare to open his mouth against him by saying Master why do you so doth here use all his art and industry to crown with applause the exploded opinion of St. Hierome and to restore it unto honor though banished and begging for reputation all the world over but truly this is that Baronius as every where he doth betray himself to be partiall who in his voluminous and laborious Chronicles did make it all his busines to gratify the Bishop of Rome and to measure the faith and Authority of all monuments and the great moments of all opinions and testimonies by the dignity and Advancement of the Sea of Rome But Paul to return from whence I have digressed did most iustly reprove St. Peter his fellow Apostle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is face to face as the same phrase is read in the 15 of the Acts and in other places of importunate dissimulation and this he did boldly and openly before all and more especially because that by his example he had drawn Barnabas into an error and the Jewes of Antioch and given a great and a greiveous offence to the Gentiles who had newly imbraced the Christian faith to the great danger and scandal of the liberty of the Gospel V. I have more willingly inlarged my self upon this as well to give some light to a place heretofore obscure and much controverted as to make more manifest the force of the argument which for the confirmation of our position is deduced from this discourse of the Apostle For St. Paul judged that not only St. Peter who was the leading example but that
Democraty the chief and Soveraign power consisteth in many Magistraâ—es yearly chosen by popular Suffrages or by certain other Intervalls of time and this heretofore was the state of the people of Rome when they were governed by Consulls Praetors Tribunes of the people Aedils and other yearly Magistrates and from hence proceed those Expressions which oftentimes we find in Tully Populi Romani Majestas laesa populi Majestas Visum est Senatui populoque Romano The Majesty of the Romane people The injured Majesty of the people it seemed good to the Senate and the people of Rome c. In a state Aristocratical the same Majesty resideth amongst some of the Lords and Nobles whom in some places they call Illustrissimoes in others the Peers of the Land and in other places again they receive other titles and appellations according to the custom of the Nation Amongst whom although peradventure but one as in the Common-wealth of Venice or more of them may have a preheminence of place and dignity above the rest being as it were a certain Primacy of Order which heretofore was the Honour of the Bishops of Rome and some Patriarchs in their Councils yet no man was so superiour above the rest in power that by his own authority he could judge any one of them neither could he himself be judged unlesse it were by all of them altogether Some form of this Government is still retained by our Mayors and Aldermen in our Cities and by the Heads and Fellows of Colleges in our Universities and although as it were but in a shadow yet in some manner they do represent it to us But in a Monarchial Government as the Name it self implies the chief Power is resident in the Person of the King alone whereupon St. Peter a most excellent Interpreter of St. Paul doth admonish the Christian People to obey the King as their superior that no man might any more doubt of whom St. Paul speaketh when he maketh mention of the higher Powers Ro. 1. 3. 1. Samuel also the Prophet of God doth so propound unto the people the fulness of the Kingly Power to be considered of by them 1 Sam. 8. That if a King the supreme in his Kingdom should act all those things which in that Chapter it is manifest that it is lawful for him to do upon no just Cause but upon the meer desire of Domination and to show himself a Tyrant and not a King although he wanted not Sin before God yet he ought not to have any force to be put upon him by the People nevertheless he may justly be said to have abused his Power but his own Power Amongst us English what more certainly or more cleerly can appear unless at noon we choose rather to be blind than open our eyes than that the supreme Power of the three Kingdoms doth intirely appertain to the Kings most excellent Majesty whom we are accustomed to render more remarkable by the title of Majesty not only according to the common use of speaking but in our solemn Ordinances and in all our forms actions of Law in the taking of an oath laying our hands upon the Gospel of the eternal God we acknowledg him the supreme yea the only supreme Governour of all persons and Causes in his Kingdoms VIII In the fourth place we are to understand That when we say the Power of making Lawes is in the King alone It is not so to be understood as if we meant that whatsoever the King is pleased to command shall immediatly obtain the force of a Law for by and by I will show unto you that some Consent of the People themselves and many other things are required to the Constitution of Law but this is that which I would hold forth unto you that the Counsels of the People Senate and other Demands of the Peers People or any whomsoever doe not oblige the Subjects nor do carry with them the Power of a Law unlesse they are strengthened and established by the Authority of the King to which being maturely and duely prepared as soon as the Consent of the King accedeth they immediatly receive the Name the Form and Authority of a Law and forthwith begin as soon as they are published to oblige the Subjects Therefore seeing that only is to be esteemed to be the Principal and the efficient Cause of any thing which by it self and immediatly produceth and into a prepared matter introduceth that Form which giveth to that Thing both the Name and the Being although other things ought to concurre to the production of that Effect or to go before it as so many praevious dispositions that so the matter may be rendred more apt to receive the Form intended by the Agent It is most manifest whatsoever those things are which antecedently are required to the Constitution of a Law yet the will of the Prince from whose Arbitration and Command alone all Rogations of Lawes are either established or made void is the only adaequate and efficient Cause of Publick Laws IX These things being premised The Position is confirmed by many Arguments And first by the Testimony of Holy Scripture First Gen. 49. 10. in that remarkable Testament of the Patriarch Jacob being about to dye The Scepter shall not be taken away from Judah nor a Law-giver from his Thigh is a Prophecy of the future Royal Dignity of that Tribe which the holy old man doth periphrastically describe and to the Confirmation of it he mentioned the Scepter the most remarkable witnesse of Kingly Authority and the Legislative Power the chiefest Perogative of it Secondly Deut. 33. 4 5. Moses was said to be a King in Israel because having gathered together all the Tribes of the People he gave them a Law to observe Thirdly Psal 60. 7. Judah is my Law-giver that is King And the vulgar Interpretation reads it Judah is my King In the Text now in hand Prov. 8. 15. By me Kings reign and the makers of Laws do decree just things where which is usual with Solomon in the whole Book of the Proverbs that the latter part of the verse doth contain an Amplification or Antithesis the very same Persons who in the beginning of the verse are called Kings in the latter part by way of Amplification are called Makers of Lawes Fiftly In the new Testament St. James also maketh mention 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the Royal Law X. Secondly It is confirmed by the Testimonies of Philosophers and Historians and by the Authority of the Civil Laws and the municipal Laws of our Nation The thing being so manifest we shall be content to give you but few Examples Aristotle Plutarch and almost an infinit Number of other Authors of great Estimation do all affirm that we must have a Law and the Law of the Prince But that of Ulpian is very remarkable which he hath in his Book of the Roman Laws Quod principi placuit Legis vigorem habet What pleaseth the Prince hath the
long use and Custome which is as it were another nature Fourthly by reason of the depraved affections which do ecclipse our judgments and do hinder the right use of them From these and many other causes it is so obvious unto men to erre to fall and to be deceived that it hath been long agoe a proverb Humanum est errare It is the property of a man to erre XXVI Adde to this in the second place that not we our selves do not alwayes sincerely judge of their piety and wisdome whose Judgments we do desire to follow it being very customary with those men who permit themselves to be governed by the arbitration of other men to make choice of such Conductors whom they before are confident will lead them in that way in which before hand they had determined to go themselves Thus doth Satan hold fast unwary men being as it were inclosed in his circle If you demand of them why they suppose such a thing to be true and right they answer Because this or that wise and godly man hath so taught us If you again shall demand of them how they do know their Teacher to be a pious and a prudent man they answer or at least would so answer if they would speak according to their hearts because he thinketh as we do think Et sapit mecum facit Jove judicat aequo The man is wise and doth as I intend And judgeth rightly having Jove his friend Many there are indeed who do measure the piety of other men not according to the practice of the duties of a Christians life and by the works of righteousnesse Mercy Charity and Devotion but by an affection to that faction to which they have bequeathed themselves and by the hatred to another party to which they professe themselves to be Enemies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith the Apostle 2 Tim. 4. 3. They shall heap up unto themselves Teachers according to their own desires The Metaphor following is most proper 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when their ears do itch they seek those that will tickle them and thus the same doth befall them which in the old proverb is expressed Muli se mutuo scabunt One Mule doth scratch another XXVII Thirdly the word of God doth expressely forbid us to subject our Consciences to the judgment of any other or to usurp a Dominion over the Consciences of any one Ne vocemini Rabbi unus est enim vester 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Magister Praeceptor Doctor Unctor Christus Be not ye called Rabbi for one is your Master who is Christ the word in the original signifies as well School-master Tutor Leader as Master And my brethren be you not many masters saith St. James Chap. 3. verse 5. To this purpose is that of St Peter in his first Book Chap 5. verse 2. Feed you the Flock of God which is committed to you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as holding forth a light before them that is the Doctrine of the true faith and the example of a godly life but not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not as excercising a domination and an uncontrouled empire over the Clergy or the people of God And again 1 Cor. 7. 23. Empâ—i estis pretio nolite fieri servi hominum You are bought with a price be you not made the servants of men that is do not submit your Consciences to be governed by the Authority of any man according to his pleasure and command XXVIII From these things which are thus stated and proved to give you now some few Corallaryes and those in a few words it followeth in the first place that the insupportable pride and tyranny of the Pope of Rome ought most deservedly to be hated by every true Christian who by arrogating an infallible judgment to himself and to his chair doth by that name exercise an usurping power and domination over the Consciences of men and pretendeth so much right thereunto that if he should say virtues were vices and vices virtues all Christians are bound under the penalty of mortal sin to submit to his judgment without the least doubt or scruple We are therefore with all thankfulnes to acknowledg the great and Singular goodnes and mercy of Almighty God who for these many years hath freed us and our fore-fathers and the Church of England from so unconscionable a Tyranny and hath again restored us to our just liberties XXIX But we must all of us and every one of us take heed that being freed now from that Tyranny we do not stoop our necks to a new bondage least we be found not so much to have shaken off our yoak as to have changed it Quae bellua ruptis Quùm semèl effugit reddit se prava catenis Horat. Like to the Beast who having broke his chain Fondly returns to have it on again 2 Satyr 9. It doth indeed concern us highly if seriously we would provide for the peace of our own Consciences or of the Church and Common-wealth to take care least what heretofore was spoken of the Church of Corinth I am of Paul I of Apollos and I of Cephas be not heard of us I am of Luther I of Calvin I of Arminius and I of Socinius No let God be true and every man a Lyar He is not worthy to be Christs Disciple who is not the Disciple of Christ alone The simplicity and sincerity of the Christian Faith hath suffered a great prejudice since we have been divided into parties neither is there any hope that Religion should be restored to her former vigour and purity until the wounds made wider by our daily quarrels and dissentions being anointed with the Oyl of Brotherly Love as with a Balsome shall begin to close again and to grow intire into the same unity of Faith and Charity XXX In the third place we are to take heed lest being too indulgent to our depraved affections we do suffer our selves to be so drawn aside into the admiration of some men that we wholly depend upon their Authority Jude 1◠〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In which words the Apostle with a finger pointeth at the very Fountain of all this evill For this perverse admiration of Names hath no other Spring from whence it floweth but from this desperate self-admiration viz. whiles every man studyeth his own profit is ambitious of Honour and pursueth vain-glory and esteemeth no otherwise of all other men than according to the advantage he may receive from them And his Judgement being corrupted with these sordid affections he is most ready to admire those persons whom he thinks will be most ready to advance his Profit Honour Glory and his other inordinate desires And the very same thing another of the Apostles whom already I have cited doth expressely intimate they did choose unto them Master 2. Tim. 4. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according to their own desires XXXI Neverthelesse that due Authority may be given to the Catholick Church
performance of them because they did not pertain unto him but were only peculiar to the Israelites and it is known that the Law doth not oblige all men unto whom it is known but all those only to whom it is given XXII In the third place I say the will of God in what way soever it be revealed for the will of God receiveth its authority from it self and not from the manner of revealing it So that the Church of Rome in their controversie concerning Traditions need not to take so much pains to prove That the word of God unwritten is of equal authority with the word of God that is written for this we willingly do grant unto them We only â—ain would understand how we may satisfie our selves that the Tradition unwritten may appear to be the word of God as undoubtedly as the word which is written The will of God therefore in what manner soever it be revealed is the Rule of the Conscience provided it be so revealed that it either actually be made known or may be so made known unto the mind if culpable negligence doth not hinder And it doth oblige the Conscience to acknowledge it and to propound it unto our own will as the will of God to which it is bound to conform it self and not only so but to command the executive potentiaes to bestirre themselves for the fulfilling of this will of God Remarkable is that of Damascene 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what God willeth mâ—st of necessity be good for his will is the measure of goodnesse but the Law of God is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 â—hat commandment by which 〈…〉 that good will of his he proceeds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Law of God comming to our â—ind doth attract it to it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it doth incite instimâ—late and as it were spurs it doth urge our Consciences to the performance of their duties by representing and inculcating into our wills the will of God And this is that most proper and exact obligation of Conscience which we before have spoken of XXIII The force and effect of this obligation is variously expressed by St. Paul Sometimes he confesseth himself a Debator to the Grecians and Barbarians Rom. 1. 14. As if he should say seeing I know by the will of God that I am set apart to preach the Gospel to the Gentiles without difference whether they are Graecians or Barbarians I acknowledge that in this respect I am a Debtor to them And in the 2 Cor. 2. 14. he saith that he is tyed and bound as men are bound with bonds to the performance of this duty And in the first of the Corinthians the ninth Chapter and the sixteenth verse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The preaching of the Gospel is intrusted to me so that I have not the leasure to be idle for a great necessity doth presse me and wo unto me if I should neglect it The like necessity to be imposed upon them and not to be shaken off was openly and before St. Pauls time acknowledged by two of the greatest of the Apostles and for a long time individual Companions S. Peter and St. John Acts 4. 20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For we cannot but speak God hath commanded us to speak with authority and you command us to hold our peace Whether it be better to obey him or to obey you Do you judge We are free and can be so from your command for you have no power upon our Consciences but the command of God doth hold us fast and haâ—h such a coercive power over us that unlesse we wil perish we cannot be free nor do any thing but that only which he commandeth XXIV Moreover when it is asserted that the next and immediate Rule of the Conscience is the light of the mind and the primary and the supreme Rule is the written word of God and the proper and the Adaequate Rule of it the will of God by manner whatsoever revealed or which is to the same sence The Law imposed by God on the reasonable Creature That these things may more fully be understood we are to know that the light of the mind is threefold as God in three ways hath manifested his will to the reasonable Creature There is the light innate the light inferred and the light acquired or the light of nature the light of Scripture and the light of Doctrine The first light which I do call the light Innate doth proceed from the Law of nature For in the first creation of the World as God endued brute and inanimate Creatures with a natural instinct by which they are inclined unto those things which are congruous to their natures and the conservatives of it which is as a Law unto them as it is so expressed by David Psal 148. 6. Thou hast given them a Law which they may not transgresse So a certain natural Law is given unto man and proportionated to his nature as he is a reasonable Creature that is more sublime and noble and if I may so speak it more Divine than what is given to other Creatures of this inferiour Oâ—h And this Law doth incite him to the performance of those things which are agreeable to his nature as he is a man that is to say a living Creature indued with reason or to live according to reason Now this Law is natural impression and as it were a figure of that eternal Law which is in the mind of God and it is a part of that Divine Image after which man at the first was said to be made Gen. 1. by which knowing of a certainty that there are some things in our reasonable nature that are congruous to the will of God the Creator and other things which are not so we do conclude that the one is good and ought to be performed by us and the other evil altogether to be abhomined The light proceeding from this law is extremely obscured by that grievous ruine which folowed the fall of Adam and from hence arise those thick clouds of Ignorance and Error in which all his posterity whilst we live in this World are invelopped But the providence of God hath so most wisely ordered it that in the common wrack it hath come off more unhurt than many other of the Faculties for it hath pleased God that certain propositions and practical principles Quae animis imprimuntur inâ—â—â—atae intelligentiae Cic. 1 de leg which the Philosophers call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Basilius most acutely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 spark of the Divine Fire which in the great conflagration was preserved in the ashes of it should still remain that so in our breasts and most inward parts Haec tamen exigua lucis scintillula râ—mansit Calvin Instit 10. Sect. 5. he might have the Preachers of his will These 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 These common Notions are that Law of God which the Apostle Rom. 1. doth say is
many obligations as there are Lawes being correspondent to them as to their Terms Neither is this Multiplicare entia sine necessitate to multiply Beings without necessity for the causes being multiplied it is necessary that the effects of those causes should be multiplied also And that it may seem incredible to none we may behold it or something very like unto it to come to passe every day both in things natural and moral It is evident to the sense that a man may be tyed to a Pillar with two or three cords as Peter Acts 12. 6. He slept 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bound with two chains And it is to be doubted by none but that a man having obliged himself to the performance of such a duty which by the Law of God was incumbent on him he notwithstanding that first obligation may again oblige himself by Vow or Oath or Promise to render that obligation the more effectual Thus Jacob the Patriarch vowed that Jehovah should be his only God Gen. 28. 21. And David swore that he would keep the righteous Judgments of God Psal 119. 106. And all of us who are Christians when we were sprinkled at the Fount did by a new Covenant of Baptism bind our selves to Faith in Christ to renounce the Devill the World and the Flesh and to keep the commandements of God to the performance of all which duties most sure it is that we were obliged before XI The third Conclusion Humane Lawes whether things unlawful or necessary or things indifferent be commanded being made by a single Person or by a Commonalty not having a lawful power do not oblige in Conscience As if the Mayor of this City should impose Laws on this University or my next Neighbour should command my servant to yoak my Oxen to bring in his harvest c. Or as if a company of seditious Persons being met in some one County of England as they did heretofore under the conduct of Ket in Norfolk and many times in other places should demand of the inhabitants a certain Sum of money or should publish Edicts to exact a servitude of their persons not due unto them and by force of Armes should compel them to obedience although it peradventure were lawful for them to do as they were commanded it being found they were unable to make resistance yet certainly their commands should oblige no man in Conscience to the observation of them Aquin. 1. 2. quaest 96. art 4. First because the said Laws are Laws only in name and aequivocally But in deed and in earnest they are rather violences than Laws and an aequivocal Cause doth inferr no effect as a sentence spoken by one who is no Judge doth not oblige the Parties And Secondly Because the Power of obliging as already hath been mentioned is not effectively derived from the Law it self but from a will joyning with the power of the Law-maker therefore where Power is wanting the Cause that is properly the efficient of that obligation is wanting also and the proper Cause being defective it is necessary that its Effect should be deficient also And this is easie to be collected by the words of the Apostle in this place who deduceth the Duty of obedience on the part of the Subject from the Power of Jurisdiction in the Magistrate from whence it is no man is bound to obey him who hath not the Right of Commanding XII If you shall object that an unâ—uly multitude of factious persons such as before I have made mention of have the Power of Commanding because they can compel those to the performance of their commands over whom they exercise their Tyranny I answer that the Power of which I speak and on which Obligation doth depend is not that Power which the Greeks call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Might or Puissance which by most is used in this sense by which a man is potent to give such an effect to his Intention that it finally cannot be hindered but that Power which the Greeks call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a lawful Power which cometh by some Right of Nature or of Nations or by a Civil Right in respect both of the person who bears it and of those who are any wayes substituted under him This Power in this present Argument the Apostle doth so much presse that in the space almost of three Verses he names it five times and makes not the least mention of the other XIII But you will allege that those who in the time of the Apostles were the supreme Governors did ascend unto the height of the Empire not by any Right of Inheritance nor by the free Suffrages of the people or any lawful Authority but by Force and Treachery or military Tumult and yet the Apostle notwithstanding doth expressly attribute an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a lawful Authority to them as unto legitimate Magistrates and imposeth on their Subjects a necessity of obeying them and that not for fear of Punishment but for Conscience sake We must confesse indeed that the first Emperors of Rome after the eversion of the Common-wealth did not attain unto the Empire by any great lawfulnesse of Right yet withall we must confess that they were invested with the Right of the Sword and a legitimate Jurisdiction to which all whosoever were under the Roman Power ought to be subject for there was not then any single person that could challenge it as due unto him by more Right and the Senate and People of Rome in whose Power not long before and for many Ages also was the chief Command what by fear and what by obsequiousness did give way to the losse of their Privileges and acknowledged those for their lawful Princes who had obtained the Empire by unlawful Acts. This being granted which certainly in my opinion can no wayes be denyed there can remain no other doubt concerning the necessity of obeying But in a dubious case what is the duty of a Christian whether and how far he is obliged in the Court of Conscience to give way unto the Times and to accommodate himself to the present manners and be obedient to the Lawes the Edicts and the Commands of one who in his Judgment at least hath attained to the Soveraignty de facto that is by Power and by no Right at all it is no easy thing to judge neither is it the part of a wise man to determine any thing on so great and so high a Point XIV I here therefore do conclude on nothing positively but that I may not be censured to be wanting in my duty or at least to your expectation if I should make mention of a Question and give you not the least satisfaction in it I will in a a few words expound unto you what seemeth to me having been very serious hereupon to be most consentaneous to true reason unless peradventure some circumstances as oftentimes it comes about in such deliberations shall grow too much upon
jurisdiction do wholy attribute the universal right of the external Government of the Church to the Civil Magistrate And moreover as for these our own Disciplinarians at home Good God! what Monsters of names and opinions as full of Deformity as of Difformity have these last seven years fruitful of prodiges brought forth and nursed under the pretence of Reformation XXX I have neither the leisure nor resolution unless I should appear too troublesom to you to grapple at this time with both these Adversaries But in these as in many other Debates that opinion seemeth to be the truer and is truly the safer which is lodged in the middle betwixt the two extremes and I am confident you will be so much the more willing to imbrace it by how much it is more agreeable to the Doctrine of the English Church as also to the Laws of the Kingdom which is That the Right of making Ecclesiastical Laws is in the Power of Bishops Elders and other Persons duely elected by the Clergy of the whole Kingdom But so nevertheless that the Exercise of the same Right and Power in all Christian Common-wealthâ— ought to depend on the Authority of the supreme Magistrate both a Parte ante as the Schoolmen have it a parte post on the part precedent on the part subsequent to wit that they ought not of themselves to assemble for the making of Ecclesiastical Canons Laws unless they be called to it by his Mandate or Command or at least defended by his Authority a fâ—ll free leave being both asked obtained and being thus called and warranted their Laws or Canons to which they have consented are not ratified not have any Power of obliging untill the Assent of the supreme Magistrate be obtained by whose approbation and Authority as soon as they are confirmed they are presently to pass for Laws and do oblige the Subject And these things may suffice to be spoken of the Cause Efficient THE EIGHTH LECTURE Of the Obligation of Humane Laws from the Formal Cause where Of 1 The Promulgation of Laws 2 Of Laws Penal Ezra 10. 7 8. 7. And they made proclamation throughout Judah and Jerusalem unto all the Children of the Captivity that they should gather themselves together unto Jerusalem 8. And that whosoever would not come within three days according to the Counsel of the Princes and the Elders all his substance should be forfeited OF the obligation of humane Lawes as to their material and efficient Causes we have spoke enough and as much as conduceth to our present purpose in those points which have already been handled by us In this place we are to speak of such as may be reduced to the Formal kind of Causes and although peradventure not so properly if examined according to the acurate and exact Method yet in my Judgment not altogether incongruous to our Discourse on this present Subject They may all of them be reduced to two Heads The one of the publication of Lawes and the other of the penalty adjoined to them to be inflicted on Delinquents Both of which as they are expressly contained in the Text above cited The Publication of the Law in the seventh verse and the penalty of it in the eighth verse so the use of them is very necessary both by the Nature of the Law it self and to obtain the Effect of the Law For seeing the Law by its own Nature and as it is a rule of things to be done ought to have a double Power viz. A Power of Directing by shewing unto the Subjects what is to be done and what is not to be done and a Power of obliging by suggesting into their minds a necessity of obeying The Law could not duely and effectually exercise this twofold Power unless the Subject were informed what is the will of the Prince which is done by publication and understood withall by the penalty annexed to it how much it doth concern him to perform it II. Concerning the Publication of the Law the first Doubt is Whether this publication be meerly on the Account of and as it were intrinsecal to the Law That is to enquire Whether that as the Law hath the Power of directing and obliging the promulgation of it be so necessary that it wanteth of that Power unless it be promulgated Now in all this Discourse you are to understand that I take not this word Promulgation as it is used in Cicero other Roman writers but according to the received manner of speaking amongst the Schoolmen the Canonists of the latter Ages for in that Promulgation of the Antients the Law not yet established or fully made was propounded to the people publickly on three Market days of their approbation of it But the Publication of which we now speak is the Promulgation of a Law already made that the People may take notice of it I therefore shall briefly answer to the Doubt proposed and say That this Publication is so necessary and so intrinsecal to the Law that in some manner it may be called the Form of it and thereupon amongst many Authors it is a part of the Definition of it and indeed it is absolutely necessary to this that the Law may exercise the Office of a Law which is to direct and to oblige the Subjects whom it cannot direct much less oblige although made by never so just and undoubted Authority unless it be known to them and it cannot be known unless it be published For that which properly induceth the obligation is the Will and Authority of the Prince or Governor not as a single but as a publick Person and the Head of the Commonalty But unless by some publick means he shall cause his Will to be propounded and made known unto the People it cannot by any Law be manifest at least according to the interpretation of the Law that it is his Will and proceedeth from his Authority as he sustaineth a publick Person Dist 4. Sect. In isâ—is And from hence is that of the Canon Law Leges constituuntur cùm promulgantur Lawes are constituted when they are published And that also of the Civil Law Leges quae constringunt vitas hominum ab omnibus intelligidebent The Laws which do bind the lives of men ought to be understood by all which being approved by the Common Consent of all Doctors and the Dictates of Reason we need not here for the confirmation of iâ— to instance the Example of God him self solemnly pronouncing his Law unto the Israelites from the Mount of Sinai or the Practice of the most flourishing Common-wealths and Cities in the whole world who as soon as their Laws were made did in the most publick places expose them to the observation of the people engraven in Tables of Brass or Wood the words are most known which every where we meet with amongst antient Authors and to this classis pertain the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifie nothing