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A87530 A looking-glasse for the Parliament. Wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, 1 Against Almighty God. 2 Against their King. 3 Against the fundamentall lawes of the kingdome. 4 Against their own oaths and covenants. Argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his King and country. Jenkins, David, 1582-1663.; R. H.; Heath, Robert, Sir, 1575-1649, attributed name. 1648 (1648) Wing J595; Thomason E427_17; ESTC R202656 43,342 52

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consciences It being a certaine Axiome in Divinity Quod per sacramentum non tenemur nisi ad bonum aut legale By Oaths men are bound to the performance of nothing but what is good and lawfull Now to manifest that this Oath is against the Law of nature we are to consider what the Law of nature is which we finde among the learned to be distinguished into two kindes generall and speciall This generall by Vlpian de Justitia Jure L. 1. tit. 1. is thus defined Jus naturale est Quod natura omnia Animalia docuit Naturall Law is that which nature hath taught all creatures living which he distinguisheth thus from the speciall Jus istud non humani generis proprium sed omnium animalium Quae terra marique nascuntur avium quoque commune est The Law of Nature saith he is not proper to man alone but the same is common to all living creatures as well to birds as to those which the Land the Sea produceth and agreeable to this is the description of the Law of Nature set downe by learned and reverend Hooker in his first booke of Ecclesiasticall pollicie whereby he calls it That manner of working which God hath set for each created thing to keep he being a director of infinit knowledge to guide nature in her wayes But I meane not that this Negative Oath is against this generall Law of nature but there is a more speciall Law of nature proper to mankinde only which will steere us to the question in hand which speciall Law of nature proper to men St. Augustine in his Epistle ad Hil. 89. in Evangelium Johanes Tract. 49. defines thus Lex naturalis est impressio divini luminis in nobis participatio legis aternae in rationali Creatura The Law naturall saith he is the impression of divine light in us and a participation of the eternall Law in the reasonable creatures which distinction is strengthened by that expostulation which Moses makes in the person of God with Cain before any Law written Gen. 4. 7. If thou dost well shalt thou not be accepted if thou dost not well sin lyeth at the doore for so is the Law of nature imparted unto us by illumination of the Law eternall that this is most cleare St. Paul witnesseth unto us Rom 2. 15. 14. For when the Gentiles saith hee which have not the Law doe by nature the things contained in the Law these having not the Law are a law unto themselves which shew the works of the Law written in their hearts their conscience also bearing witnesse and their thoughts mean while excusing or accusing them what other thing was this but the Law of nature or the impression of divine light in the hearts of the Gentiles which doctrine of St. Paul reproves the opinion of those who thinke that whatsoever proceedes of nature is sinne for if so it were that whatsoever proceeds of nature is sinfull how could the consciences of the Gentiles bear witnesse for them or excuse them of the breach of the Law Therefore St. Augustine in his third booke de doctrina Christiana Cap. 14 saith Omne vitium naturae nocet ac per hoc contra naturam est every vice doth wrong to nature and is therefore contrary to it and in his 12. booke de Civitate Dei Cap. 1. he saith Omnia peccata sunt in universum contra naturam legem naturae All sins are generally against reason and the Law of nature And Damascene L. 2. fidei Orthodox Cap. 30. agrees in this with him for saith he Homines facti sunt mali declinando in id quod contra naturam est Men are made evill by declining to that which is contrary to nature Nature therefore is Gods instrument and none other is her guide but only the God of nature for as S. Paul said in his Sermon at Athens when he found an altar directed to the unknown God Act. 17. 28. in him we live and move have our being being also of his off-spring as he told them their owne Poets said whereby it is clearly proved that though the Athenians being Gentiles and ascribing the being of all things to the Law and course of nature yet St. Paul could finde out another hand in those workes besides nature to whom nature was only subservient and an handmaid to obey his eternall Law decree and purpose according to that order hee hath set downe for the sonnes of men for ever to bee observed This short digression I have made only to take away this objection that many make That we are not bound to observe the Lawes of nature and also to let them know that the Law of nature is to bee observed and that as being a participation of the eternal Law it is both perpetuall and unalterable and not presumptuously to be violated The consideration whereof moved Pythagoras the heathen Philosopher to publish amongst his golden precepts this one nil turpe committas neque coram aliis neque tecum maxime omnium verere teipsum commit nothing foule or dishonest saith he neither to be known to others nor to thine own heart but above all things reverence thine owne conscience but to draw somewhat nearer to the thing in purpose and to prove that this Negative Oath is against the Law of nature I must observe with Hooker that as there is a Law naturall belonging to men as they are men in their kinde which Law directeth them in the means whereby they are to steere their actions as to their owne particular preservations so there is a Law naturall which toucheth them as sociable parts united into one body a Law which bindeth them to serve unto each others good and all to preserve the good of the whole before whatsoever their owne particular and from both those roots or branches of the Law of nature springs the allegiance subjection and loyall obedience which is due from a subject unto his King from this speciall Law of nature Man by the impression of divine light is bound to observe the Law naturall as it is written in his heart and is part of the Law eternall by which we are bound to obey and succour and assist our Parents whether our naturall parents or the parents of our Country and from this relative Law of nature as I may so call it or the Covenant of nature whereby we are bound as sociable parts by the Law of nature united into one body for the preservation of the whole the subject to obedience faith and allegiance the King to protection and to maintaine the Laws bodies and goods of his subjects and both together to maintaine the peace of all as Fortescue in his booke of the praise of the Lawes of England Cap. 13. observes and therefore Glanvil who wrote in Hen. 2. time L. 9. Cap. 4. saith Mutua debes esse domini fidelitatis connexio ita quod quantum debet quisque