Selected quad for the lemma: heart_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
heart_n bear_v law_n write_v 3,223 5 6.4540 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A61249 The institutions of the law of Scotland deduced from its originals, and collated vvith the civil, canon, and feudal- lavvs, and vvith the customs of neighbouring nations ... / by Sir James Dalrymple of Stair ... Stair, James Dalrymple, Viscount of, 1619-1695. 1681 (1681) Wing S5177; ESTC R42227 746,825 722

There are 2 snippets containing the selected quad. | View lemmatised text

the Virtuous and Punishments to the Vitious proportioned to their actings which is now almost wholly devolved upon Publick Authority little remaining but Incouragement and Praise to the Virtuous and Discouragement and Discountenance to the Vitious Commutative Justice is the Inclination to give every man his Right and though the Name is taken from the Interchange of private Rights yet it reacheth to all Prestations which are not by way of Reward or Punishment There being nothing here proposed but the private Rights of Men it is only requisite to consider the Laws by which private Rights are Constitute Conveyed or Destitute and these are either Divine or Humane 3. Divine Law is that mainly which is Written in Mans Heart according to that of the Apostle For when the Gentiles who have not the Law to wit written in the Word do by nature the things contained in the Law these are a Law unto themselves which sheweth the works of the Law written in their hearts their conscience also bearing them witness and their thoughts in the mean while accusing or excusing one another This is called the Law of Nature because it is known Naturally either immediately like unto these Instincts which are in the other Creatures whereby they know what is necessary for their preservation So the first Principles of this Natural Law are known to men without Reasoning or Experience without Art Industry or Education and so are known to men every where through the World though they keep no Communion nor Intercourse together which is an unanswerable demonstration of the being of this Law of Nature It is said to be written in the Hearts of Men because Law useth to be written on Pillars or Tables for certainty or conservation So this Law is written by the Finger of God upon mans Heart there to remain for ever Such are the common practical Principles that God is to be obeyed Parents honoured our selves defended violence repulsed Children to be loved educate and provided for 4. With these common Principles With which God hath sent Men into the World he gave them also Reason that thence they might by consequence deduce his Law in more particular Cases and this part of the Natural Law is called the Light or Law of Reason It is called by Solomon the Candle of the Lord searching the inward parts Proverbs 20. verse 27. 5. This Law is also called Conscience which is said in the forecited place to bear Witness and thereby our thoughts do either accuse or excuse one another according to the Judgement or Testimony we have of our own Thoughts as good or evil consonant to or dissonant from the Law of Nature shining in the heart This Natural Law as it is derived from these Principles the nearer it is thereto it is the clearer and by the more immediate consequences it be derived it is the surer for as the Body in its progressive motion from one step to another walketh surest by the shortest steps so doth the Mind in deducing this Divine Law whence it is that this part of the Law of Nature is not equally evident to all men but the more of Reason they have the more clearness they have of it which hath made men of Reason especially these who have exercised themselves in the inquiry of Right to be had in high esteem and admiration amongst men who though their Invention was not so eminent yet their Judgement closed and went along with that as having a native Obligation in it And so many times these responsa prudentium have been received with as much Authority and more heartiness for Laws than the Dictates of Soveraigns Cicero in his Oration Pro Milone Doth excellently set forth and distinguish this Natural Law from Positive Law for saith he Hac non scripta sed nata lex quam non didicimus accepimus legimus verum ex natura ipsa arripuimus hausimus expressimus ad quam non docti sed facti non instituti sed imbuti sumus ut si vita nostra in aliquas insidias si in vim aut in tela aut inimicorum aut latronum inciderit omnis honesta ratio esset expediendae salutis 6. This Law of Nature is also called Equity from that Equality it keeps in all persons and is not framed or fitted for the Interest of any as many Laws of mens choice be from the rigour whereof recourse ought to be had to this Natural Equity for though mens Laws may be profitable and ne cessar for the most part yet being the Inventions of frail men there occurs many casus incogitati wherein they serve not But Equity takes place and the Limitations and Fallancies Extensions and Ampliations of Humane Laws are brought from Equity though Equity be taken some times for the moderation of the extremity of Humane Laws yet it doth truly comprehend the whole Law of Nature otherwise it could not possibly give remeid to the rigour and extremity of positive Laws in all Cases 7. The Law of Nature is also termed the Moral Law being the absolute and adequat Rule of the Manners of men for all times places and persons and this denomination it hath commonly in opposition to the Judicial and Ceremonial Law The Roman Law doth sometime take the Law of Nature in a most strict sense as it excludeth the Law of Reason and as it is founded in the Nature of man in so far as is common with other Animals and therefore they define it to be quod natura omnia animalia docuit as the conjunction of Male and Female or Marriage the Procreation or Education of Children c. But even in that Law the Law of Nature is extended and distinguished into the Original and Primitive Law and that which is derived thence such as for the most part is the Law of Nations and there is no doubt but there is more of the Law of Nature founded in the rational Nature of man as he is a rational and sociable Creature and even that which appeareth to be in the Sensitive Nature is truely founded in the Rational Nature and therefore is not properly communicable unto the Beasts who have no Law but their natural Instincts having only some resemblance to the Law of Nature The Law of Nature as it is imprest in our hearts so in the goodness of God it is exprest in his Word wherein he hath not only holden forth these Sacred Mysteries which could only be known by Revelation as having no Principle in Nature from whence they are deducible but also because through sin and evil Custome the Natural Law in mans Heart was much defaced disordered and erroniously deduced he hath therefore Re-printed the Law of Nature in a viver Character in the scripture not only having the Moral Principles but many conclusions thence flowing particularly set forth This Analogie of the Law of Nature even in the Hearts of Heathens and as it is set down in the Law of God evidenceth sufficiently that both of them proceed
from the same Omniscient Author 8. Beside this natural necessar and perpetual Law God hath also given to men voluntar and positive Laws which though not at the pleasure of men yet in themselves are mutable and as they had a beginning so some of them had and others of them shall have an end when the occasion exigence and utility for which they were constitute shall cease such were the Ceremonial Laws which containing a Figurative and Typical Administration of the Worship of God shadowing forth Christ and his Propitiatory Sacrifice of himself now when the Sun of Righteousness hath arisen these shadows have flown away and are in the Scripture repealed in lieu whereof is the outward Order of the Worship and Government of the Christian Church and the Laws of God relating thereto though we are to expect no change of them while Time is and are as binding to all to whom their Lines are gone as the Natural Law yet are they no part of it for they are not written in the heart of man nor deducible by Reason from any such Principle Such are the Sabboth on the first day of the week the particular Offices in the Church their Authority and Maintainance for though the Law of Nature doth teach that God is to be acknowledged and adored yet the impowering of some certain persons to be leaders in the Publick Adoration and the fixed time thereof either as it was under the Law or as it is under the Gospel cannot be reached thence but had its beginning and hath been altered Some also do account Marriage and the degrees forbidden in Levit. to be a positive Law of God though they acknowledge it not only to be given to the Jews but to all men yet the natural and universal aversion of Marriage in these degrees and abhorrence of that brutish commixtion without discretion of degrees which is observed in all Nations whom corrupt custome hath not so far depraved as to forget not only this but most of the uncontroverted Laws of Nature do sufficiently evince the contrair for if Parents and Posterity be all accounted as one Degree there is nothing prohibited by the Law of God but the very next degree of these who are in the place of Parents as Uncles and Aunts or in the place of Children as Nephews Neices or Brethren and Sisters so that there can be no doubt but the prohibition of commixtion of Ascendents and Descendents is purely Natural 9. The prime Positive Law of God is the Judicial Law which God by the Ministry of Moses prescribed to the People of Israel wherein the Lord was pleased to be the particular Law-giver and Judge of that People whom he had chosen from among all Nations for a peculiar People to himself and to whose Inclinations it is befitted there are not a few who esteem the Judicial Law oblieging to all Nations mainly because it doth not appear in the Gospel to be abolished as the Ceremonial Laws are and because of its excellency beyond the Laws of Heathens or other men who might not only err in expediency rendring their Laws unprofitable but also might make them unjust and inconsistent with the Immutable moral Law of Nature which Reasons do sufficiently infer that in the constitution of Humane Laws chief respect ought to be had to the Judicial Laws of God and they assumed where the Inclination of the People and their condition do not render them inconvenient But that these Laws were accommodate unto their proper temper is evident in the Law concerning the Bill of Divorcement which beareth to be permitted for the hardness of their hearts which was natural and peculiar to them of Jealousie and bitterness against their Wives therefore the Lord not only appointed tryal neither natural necessar nor accustomed elsewhere by those tokens of Virginity for evidencing the Wifes faithfulness in not giving a polluted Woman for a chast but also the extraordinar and miraculous Tryal by the Water of Jealousie and therefore Christ did expresly abrogate that Law and shew us that Moses did not command to Divorce but for the hardness of their hearts only permitted it and did command that when the Husband would put away his Wife he should give her a Bill of Divorce but it doth not follow that the Judicial Law is in it self a Law to all Nations or that the Lord purposed it so to be but on the contrar it appeareth that his Purpose was only to deliver it for a peculiar Law to Israel when he saith What Nation is so great that hath Statutes and Judgements sorighteous as is all this Law which I set before you this day Deut. 4. vers 8. And again he sheweth his Word unto Jacob his Statutes and Judgements to Israel he hath not dealt so with every Nation and as for his Judgements they have not known them Psal. 147. vers 19. And therefore the same Law was not to Israelits and to Strangers even to Proselytes as appeareth in the matter of Usury and Bondage which were allowed as to Strangers but the former simply forbidden and the latter limited as to Israelits neither is there any necessity of an abolition express of this Law in the Gospel seing it was not given to all Nations and it doth yet bind the Jews so far as it doth not build upon the Ceremonial Law And therefore that part of the Judicial Law which is founded upon or conducible to the Moral Law may be well received by other Nations to whose Inclinations the same expediencies will agree as most of the Criminal Laws are And though they could suit with the frame and current of the Laws already established yet would they be far from making up a Law to rule any Nation now after mans Pravity hath so much increased Vice and Deceit that which was sufficient in the simplicity of these times would come far short 10. Humane Law is that which for Utilities sake is introduced by men which is either by tacit consent by consuetude or custome or by express Will or Command of these in Authority having the Legislative power and these were ofttimes written though sometimes also they were not written as were Licurgus Laws which not only were not written but a Law against it that they should not be written Hence is the distinction of Laws in written and unwritten because of their Original for ex post facto Customes or other unwritten Laws may be written by private persons but they were not at first written by the Law Giver It is true the Law is sometimes strictly taken in opposition to Custome as it comprehendeth Equity or the Natural Law and the Edicts and Statutes of Nations and their Law givers And sometimes more strictly as in the Vulgar Distinction of Law Statute and Custome in which Law signifieth Equity or the Common Law as Statutes and Customes do the peculiar recent Laws of several Nations And though that be only the Law of man which is voluntar and positive constitute by