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A30985 Several miscellaneous and weighty cases of conscience learnedly and judiciously resolved / by the Right Reverend Father in God, Dr. Thomas Barlow ... Barlow, Thomas, 1607-1691. 1692 (1692) Wing B843; ESTC R21506 129,842 472

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Jus Gladii Nor is there any Law in the Gospel which so much as mentions much less prohibits the Civil Supreme Magistrate to pardon condemn'd Malefactors 2. For the Mosaical Laws Ceremonial and Judicial they were such as were given by God himself for the good Government of the Jewish Common-wealth Now concerning these Laws it is certain 1. That they were given only to the Jews as is confess'd and fully proved by the Schoolmen and Casuists 2. It is certain that no positive Law Divine or humane does or can bind any save those to whom it is given and sufficiently promulgated and made known A sufficient Promulgation is absolutely necessary to the Obligation of any positive Law 3. And hence it follows that those Mosaical Laws never bound the Gentiles before our blessed Saviour's time much less Christians since as will anon appear And therefore if that Law in Numb 35. 31. but now mention'd or any other Mosaical Law had absolutely forbid and made the pardoning of Murder unlawful to the Jews yet it will not hence follow that it should be by that Law unlawful for Gentiles or Christians to pardon it seeing it is manifest that those Mosaical Laws were never given to nor any way obliged them For the Transgression of any Law does necessarily presuppose its Obligation It being impossible I should transgress a Law which never bound me to Obedience 4. The obligation of the Ceremonial Laws ceased even to the Jews to whom they were given at the death of our Blessed Saviour They were Types and Shadows of his Death and our Redemption by him and when the Substance and thing typified by them was come the Shadows ceased Whence it is that Divines both Ancient and Modern truly say That at our Blessed Saviours Death the Jewish Ceremonial Law was Mortua as to its obligation it was abrogated and the observation of it not necessary tho for some time to gain the Jews even the Apostles did voluntarily observe it But when the Gospel was more fully published it became Mortifera and the observation of it inconsistent with the Gospel 5. For the Judicial Law of the Jews it is certain that the Obligation of it ceas'd at least at the destruction of Jerusalem when the Jewish Government and their Commonwealth was utterly destroy'd 6. And hence it evidently follows that all those Mosaical Laws Judicial and Ceremonial have been abrogated and null and have neither bound Jew or Gentile above this 1600 years last past and therefore it is impossible that any of them should now bind any Christian Supreme Power not to pardon any condemned malefactor And what is said of the Judicial and Ceremonial Laws given to the Jews by Moses that none of them ever did or could bind any Gentiles or Christians the same we say of the Moral Law as to punishing or pardoning Murderers that it never prohibited Supreme Princes to reprive or pardon any person condemned for Murder That this may appear it must be considered that there are two Editions of the Moral Law both writ by the Omnipotent and Gracious Author of it by God himself 1. In the heart of Adam where it was most intirely and perfectly writ His Understanding being clear and abundantly able to know and distinguish good from evil quid faciendum quid fugiendum and his will obsequious to follow those dictates of right Reason But by the fall of Adam this Writing and perfect Edition of the Moral Law was much blotted corrupted and defac'd both in Adam and all his Posterity For although the substance of that Law did after the fall continue writ in their nearts yet so defac'd by the Fall that ignorance having blinded the Under standing it was in many places not legible nor sin having corrupted the will practicable 2. The second Edition of the Moral Law in respect of the writing of it which remain'd in the hearts of men after the fall was multo auctior emendatior And this Edition of the Moral Law is that which God by Moses gave only to his own Church and People the Jews In which he gave them 1. A just and perfect Compendium of that whole Law in two Tables of Stone containing Ten Precepts 2. A full and more perfect explication of those Precepts and the particular duties required by them 3. An addition of many Gracious promises and blessings to those who sincerely observ'd those Laws and many threats and punishments for those who transgress'd any of those Laws This Edition of the Moral Law with the many promises and punishments annext was as I said given only to the Jews not to the Gentiles And this appears by that memorable passage in St. Paul wherein he tells the Romans in these words The Gentiles which HAVE NOT THE LAW do BY NATURE These HAVING NOT THE LAW are a law to themselves which shews the work of the Law WRITTEN IN THEIR HEARTS In which words we have the two Editions of the Moral Law afore mentioned expresly set down and that the Gentiles had only the first Edition and that the second and more perfect Edition was given only to the Jews For the Apostle says 1. That the Gentiles HAD NOT THE LAW to wit as it was Lex scripta in Lapide and given to the Jews with the Addition of many Promises and many several punishments annext to the transgressions of particular Precepts 2. That the Gentiles HAD THE LAW writ IN CORDE for so all men by nature had it And 't is the Moral Law he means for no positive Law of God or man is by nature writ in any mans heart Now what is said in the second and more perfect Edition of the Moral Law as it was given by Moses only to the Jews is either 1. De Officiis 2. Or de poenis promissis I. De Officiis quid faciendum aut fugiendum What good we are to do in obedience to the Affirmative Precepts As in that Remember the Sabbath-day to keep it holy Honour thy Father and Mother c. And what evil we are to avoid in obedience to the Negative Precepts such as these Thou shalt not kill Thou shalt not commit Adultery c. In short the sum of all those Duties which the Moral Law requires of us is this That we love God with all our heart and our neighbour as our selves Now as to all these duties the obligation of the Moral Law is Universal Eternal and Indispensable It binds all men Jews and Gentiles and that indispensably 2. De promissis poenis concerning the Promises and punishments which are annext to the Moral Law as it was given to the Jews by Moses And here I. For the Promises it is certain that they were given only to the Jews For the Apostle expresly tells us That the Gentiles were aliens and strangers to the promises For instance the promise added to the fifth Commandment Honour thy Father and thy Mother that thy days may be long in the land