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A42450 An examination of the case of the Quakers concerning oaths propounded by them, A.D. 1673, to the consideration of the King, and both Houses of Parliament : with a vindication of the power of the magistrate to impose oaths, and the liberty and duty of all Christians to swear by God reverently : humbly submitted to the judgment of His Most Sacred Majesty, and the two Houses of Parliament / by Charles Gataker ... Gataker, Charles, 1614 or 15-1680. 1675 (1675) Wing G305; ESTC R40267 35,338 42

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Christ loosened no bonds of the Law of Nature nor of the Laws of Nations which were agreeable to natural Justice and humanity but binds Christians by new bonds of peace in obedience to Magistrates Parents and Masters although they be harsh and froward And now I come to mine Argument which I shall frame out of these Propositions 1. The Soveraign Magistrate and those who are sent by him according to the Evangelical Doctrine have received in their Divine Ordination a power to use all means that either by Gods appointment are or in common prudence seem to the Wisdom of the State directly conducible to the preservation of the Peace and promotion of Righteousness and for punishment of Offenders all which indeed is the publick good and for the procuring whereof God hath armed his Deputies with a Sword or a coercive power that the fear or the feeling of it may constrain Men to obedience All this is written with a Sun-beam in the New Testament See Joh. 19.11 Rom. 13.1 c. And it is further confirmed by what I have already produced to shew that the Gospel takes no flower out of the Crowns of Kings though they were infidels much less if they be faithful For if St. Pauls Logick be good that Servants being made Christians ought the rather to serve their Masters being converted because they are believers and beloved 1 Tim. 6.2 we may by proportion conclude that the Magistrates embracement of the Christian Faith doth not impair his Authority and ought not to diminish the Subjects inclination to serve and obey and is an indeerment of the King to his People 2. An Oath seasonably administred and duely taken is a fit means to preserve Peace by a firm obligation of Subjects to their Soveraign whereof we have an example 2 Kings 11.17 and to secure and promote Justice and to carry on judicial proceedings in discovery of right and wrong and in conviction of Offenders To prove this I need say no more than advise any doubter to look upon the judgment and practice of all polished Nations under the Sun since the Foundations of Kingdomes and Republicks in the World And if all that be counted but a general corruption of reason like the general Idolatry of the Nations estranged from God let him remember that the use and force of Oaths is founded upon no other basis but the hearty Faith and sincere fear of Gods power and vengeance But I shall drive the Nail to the Head by Gods own Sentence who established Swearing in his own government as a means proper to produce the effects aforesaid and tells the Jews for their credit that their political Laws did exceed those of all Nations for Wisdom and Righteousness Deut. 4.5.8 Now the use of Oaths is an ingredient of very many Laws in the Government 3. The Magistrate who stands accomptable to Christ Apoc. 19.16 who is King of Kings and Lord of Lords for the exercise of his power in order to the ends of Governement may and ought to require Oaths of the Subject as the occasions viz. of secuting the Kings Life and Honour the preservation of the publick Weal and Peace the ending of Controversies and the execution of Justice or the like do require Otherwise he will hardly be able to clear himself of imprudence or of remisness in refusing the choice and use of such means as God himself hath approved and appointed in the course of Government I think I may now upon these premises safely and rationally infer Ergo the Magistrate according to the Gospel may put his Subject of what Religion soever to his Oath to Swear by the true God I wave the Question of requiring Jews and Infidels to Swear upon the Gospel that it is by Jesus Christ whom we confess to be the true God but they do not own as such I have now suffciently proved as I think and hope that all who are both rational and impartial will apprehend that the Gospel of Christ doth not infringe but confirm that power that Magistrates in joy'd by the Law of Nature that is to say by Gods general ordination of humane Society throughout the World and the Kings of Gods special anoyntment and appointment over his people were endowed with by his Statutes to tender Oaths to their Subjects and to require their obedience in taking them supposing still that the use of them be referr'd to their proper ends See an example of an Oath imposed by Solomon 1 King 2.42 Rom. 13.4 I have now but little to do farther for the proof that the same Gospel binds Christians to take such Oathes as are administred to them by their lawful Superiours For God both in the way of Nature and also in the course of Grace doth nothing in vain and as St. Paul says expresly Gods Minister doth not carry a Sword in vain and is as much bound to draw it for the defence of Gods honour which is concerned in Swearing as the servants of Secular Kings are obliged to fight for the Life or Honour of their Master which rule of Worldly State Christ hath consecrated by his Sentence Joh. 18.36 But the Magistrates power is rendered vain and ineffectual if the subject can clude his Authority and resolve his commands into such wind as shakes no Corn by his obstinate refusal to swear I shall therefore urge but one Argument to satisfie the Subjects Conscience in this case The Gospel of Christ Rom. 13 1-7 Tit. 3.1 1 Pet. 2.13.14.17 taught by the Apostles to all Nations lays upon all Christians a necessity of submission and obedience with a readiness to every good work unto the supereminent powers and principalities of the World and to the Administrators of Government commissioned by them not only for Wrath and yet that terror arising from the apprehension of the Sword that gliters in the Magistrates hand is justified by St. Paul but also out of Conscience Quakers mark that to wit Conscience binds to no things but obedience in this case rightly stated or reverence of Christ by whom Kings Reign and Princes Decree Justice Prov. 8.15 Eph. 6.1 And this universal obedience like that which Children owe to their Parents is limited but by one Rule obey in all things in the Lord. It reaches to things indifferent as the obedience of the Rechabites did Jer. 35.8.9.10.18.19 which God commended and rewarded with a Blessing But Obedience to our Superiours in those things which are so far from being evidently repugnant to the Will and Command of the Lord that they are consonant to the express Word of God and agreeable to his Ordinances is an Evangelical Duty unavoidable upon any pretence whatsoever where there is a possibility of performance If you consult the Allegations out of St. Paul and St. Peter and confer them together the perspicuity of the words will not permit you to doubt of the truth of this Proposition But Swearing in the manner aforesaid when it is
this light shine still in a Christian state Let it first be proved that the Man who suffers the Lords anointed to rule over him and submits to authority in Swearing is a Child of Belial that is of the Devil who is so called for his impatience of a yoke and therefore the refractory people who would not submit to Saul ●am ●● 27. annointed by God are stiled Children of Belial is a work of the Devil which Christ hath destroyed by his Gospel or else there will be a good harmony still between Christs Gospel and a Reverend Oath SECT VI. The Conclusive Arguments to warrant the reverent use of Oaths among Christians THese things being premised not to preoccupate but to expedite the decision of the Question concerning the consistency of Swearing with the glorious Gospel of our Lord Jesus Christ I shall now make their agreement evident by all the Light of Nature Law and Gospel united in one body To this purpose I will first prove the Divine Right and Power of the Magistrate to exact an Oath and with the same labour open a wide door for Christians to come into a Court without pinching their Consciences and bring them in with Christs Authority ●●m ●7 And for private Oaths they may have Christs good leave to use them as well as Jonathan and David had Gods This Case of the Quakers is an Axe laid to the root of Magistracy which fells down all Christian Magistrates as Anti-Christian Tyrants who contrary to Christs command bind themselves and their subjects by Oaths and persecute all them who out of pure Conscience of Christs command and for the honour of Christianity refuse to renounce their Christian Faith which they say cannot be avoided if they take the Oath of Allegiance and Supremacy or any other legitimate Oath 〈…〉 49. Indeed these seemingly tame people are a brood of Vipers like the Adder in Jacobs Prophetick character of Dan which bites the heels of the Horse and makes him throw his Rider I spare the application because it is obvious But I will break the Cockatrices Egg Esa 59.5 I mean this Aphorisme of Anarchy Christians ought not to Swear by the force of Christs prohibition And to make the way plain for proceeding in my Method I shall first inquire to whom the Sermon of our Saviour was Preached and how it reached the present and future Auditors This Sermon was not spoken to Magistrates whether Soveraign or Subordinate but to the Multitude of the people neither is there any part of it which relates to the Magistrates special duty except that severe threatning Mat. 5.19 Whosoever breaks one of the least Commandements of Moses and the Prophets and certainly Thou shalt Swear by the Lord is one of them and not the least he shall be called i. e. esteemed and taken for the least in the Kingdom of Heaven be thought applicable to the Magistrate as well as to the Minister Those precepts therefore of not resisting evil and not judging which if they were given to Magistrates in their politick capacity Mat. 5.37 7.1 do overthrow Tribunals and either disarm the powers ordained of God or tye up the Sword both Civil and Martial in the scabbard concern not Magistrates further than as they are considered in an estate common with them to private persons and are subject to the same duties This is to be taken notice of the rather because some pious Doctors of the ancient Church who lived under Heathen and persecuting Emperors and making no prospect into the latter times wherein Kings according to several Prophesies should kise the Son of God and serve him with their Authority Psal 2.11.12 72.11 138.4 Esa 43.23 60.3 prove the Guardians of both Tables of the Law Defenders of the Faith and Patrons of the Church did think Magistracy it self and the use of the Sword inconsistent with the Christian Faith and it is no marvail if some of latter times were tender of Swearing who mistook the Subject and scope of our Saviours discourse But we must know that our Saviour who was born a King but of such a Kingdome as is not of this World Mat. ● 2 was very sollicitous to decline any thing that favoured of Worldly power and was an cautious in his Sermons of reflecting upon Princes Joh. 18 36 Luc. 12.13.14 Joh. 8.3 11. and very careful to secure the Authority of the Magistrate in his whole conversation and also in his Gospel For his design being the Salvation of all sorts of Men of all Nations indifferently by the Preaching of the Gospel he did insert nothing into it which might rationally obstruct the entertainment of it and especially nothing prejudicial to the power of Princes whereof they are jealously tender that they might have a just aversion from the Faith The Antient Church therefore sung this true and good Anthem unto the Honour of Christ Qui regna das caelestia non eripis terrestria Thou that givest the Heavenly Crown Castest not Earthly Kingdomes down Indeed Christ took the World as he found it and altered nothing in the secular estate of Kings or Subjects but by vertue of his Heavenly power in a spiritual way by his word and spirit established light instead of darkness knowledge and the fear of the true God instead of ignorance and impiety faith in himself instead of Paganism and holiness of heart and life instead of vitiousness in his new erected Kingdom the subjects whereof continued in the same outward estate See 1 Cor. 7.21.22 wherein they were called whether bond or free Subjects or Governors As the grace which came by Jesus Christ entituled no Man to Wealth or Power to which a believer had no right and title before by the Law of Nations and of his own Government under which he lived so it * Pauls Heavenly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Phil. 3.20 whereby he was a Citizen of Jerusalem that is above the City of the Living God Heb. 12.22 did not extinguish his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his being a Citizen of Rome which was his Birth-right and that a precious Priviledge neither did the former hinder the Apostle from claiming the benefit of it and making advantage of it See Act. 22 25-29 Act. 16.37.38.39 devested not nor disinherited any of honour or estate nor abridged any secular liberty nor retrenched any publick Authority which the Ministers of Gods Providence were entrusted with for the publick good If it did let that Scripture of the New Testament be produced But none such ever was or can be alleadged Yea many indeed too many to be repeated now are obvious in the Apostolical Writings which manifest the contrary Furthermore as the truth of the Gospel crost no truth See Rom. 13. 1-7 Tit. 3.1 1 Pet. 2 13-18 Eph. 6 1-9 Col. 2.20 c. 4 1. either evident by the light of Natural Reason or revealed by the word of God written so the Grace of
it or at least may warrantably imitate it The Ceremonial part of the Law which concerned the Typical Service and Sacrifices of the Temple ceased as to the design and Virtue of it when Christ by his Gospel published the accomplishment of our Redemption wrought by his Death and Resurrection The Political Law of Moses which was peculiarly accommodated in many particulars to the seed of Jacob called Israel as they were by Covenant made God's Tenants of Canaan ceased when they ceased to be the Politick People of God Both were openly abrogated as to their exercise and practice by the utter devastation of the Holy City with the Temple it self by the dissolution of the Policy by the ejectment of the Nation out of their Land and dispersion over the face of the Earth in which state of exile Hos 3.4 accompanied with bondage they yet remain without King Prince Sacrifice Image Ephod and Teraphim that is without any setled Form of Government and without any means to serve or to consult God as formerly they had done But for the Law of Moses so far as it prescribes Offices and exercises of Piety Charity Justice Humanity and Prudence it obliges Christians not upon the same account it did the Jews to wit as it was a part of the Covenant made in Horeb but as it is a clear explication and improvement of the Law of Nature by deduction of particular Precepts from general Principals of Religion and Righteousness Therefore St. Rom. 13.8 Eph. 6.1.2 Paul charges Christians with obedience to the Law the second Table whereof he ingrafts into the Gospel And which is yet more considerable to manifest our concernment in the Law he establishes the liberal maintenance of the Ministers not only upon the Ordinance of Christ but also upon two Laws of Moses 1 Cor 9.8.14 according to the Spiritual meaning of the one and the Reason and Analogy of the other And when we hear him speak thus ver 9. Doth not also the Law say these things We must remember that as St. Paul says elsewhere Rom. 3.19 We know whatsoever things the Law speaks either for conviction or for direction It speaks unto them that are under the Law We therefore who have and hear by God's bounty Moses and the Prophets as well as the Apostles are under the Law Luk 16.29 not as a Covenant of Righteousness and Life by Works for in this respect We are not under the Law Rom. 6.14 but under the grace of the Gospel but as an obligatory Rule of obedience to the Will of God declared therein therefore St. James calls the Law recorded by Moses a Perfect Law of Liberty the doing whereof must be added to the hearing if we desire to be happy St. James also calls it The Royal Law one Commandement whereof being broken the whole Golden Chain is broken by which we must order our lives Jam. 1.25 2.8.12 and shall be judged Now St. James knew that the third Commandment running in the Negative Thou shalt not take the Name of the Lord thy God in vain did include the Affirmative Precept of Swearing reverently and keeping legitimate Oaths which were Duties known well by the light of Nature but reinforced upon the Jews by the Law Now is it imaginable that St. James the Apostle of the Circumcision writing to the Jews should so far forget himself as after this high commendation of their Law expresly prohibit what the Law enjoyned and by a total abolition of swearing cancel the Third Commandment as a thing that hath no further any place or use under the Gospel This intolerable inconvenience is easily avoided if according to the scope of the Apostles discourse easily gathered from the Context and considering that impatience is the Parent of rash Oaths we say that St. James did very wisely joyn his inhibition of Swearing in heat and haste upon the Sallies of Passion to his exhortation unto patience Jam. 5.8.12 and yet he did not abolish the Third Commandment nor banish Oaths out of Christendom I confess I have unawares transgressed mine own limits and expounded St. James before the method I prescribed to my self did require it but I shall have the less to say hereafter Indeed being ingaged to shew how St. James and indeed all the Apostles do oblige Christians to their observance of and obedience to the Law in those Precepts which concern all Nations who are by Christ set at liberty from the Judaical Yoke of Ceremonies and carnal Ordinances amongst which none was so mad yet as to rank an Oath I could not but observe the incongruity of the Apostles prohibition as it is over-stretched by the Quakers with his own honouring of the Law and to prevent any scruple which might arise through misunderstanding of the Apostles restraint of us from swearing by this distinction of imprudent and passionate Oaths belched out in rage from deliberate swearing upon weighty Causes either arbitrarily or out of obedience to Authority but always with due reverence to God I have open'd a way to reconcile St. James to himself and the Law to the Gospel And now I proceed Secondly To refute the dangerous errors of the Quakers which they lay for a foundation of their abstinence from swearing They affirm the Righteousness of the Gospel exceeds that of the Law This Affertion they maintain by the example of one Walter Brute who as Mr. Fox relates in his Martyrology defended his refusal of an Oath because his Master Christ taught Christian Men that in affirmation of a Truth they should pass the Righteousness of the Scribes and Pharisees of the Old Testament or else he excludes them out of Heaven Matth. 5.20 To the words recited out of Matth. 5.33.37 Walter Brute subjoyned Therefore as the perfection of the antient Men of the Old Testament was not to forswear themselves so the perfection of Christian Men is not to swear at all because they are so commanded of Christ But though Walter Brute was mistaken in the sense of Christs Commandment yet his words mount not to such an height of Error as this position of the Quakers For W. B. doth well note that our Saviour says our Righteousness must exceed that of the Scribes and Pharisees but not that of the Law of Moses And to the right understanding of Christs Sermon in the Mount we must take notice that Christ doth not unfold to his novice Disciples the Mysteries of the Gospel but first corrects the Jewish vulgar error of Happiness consisting in the full enjoyment of the Temporal Blessings promised in the Law and prepares them for the Cross to be suffered for Righteousness and that they might not be deceived by a counterfeit or defective Righteousness he establishes the Law and the Prophets to be the Rule of Righteousness and then proceeds to clear and vindicate the Law of Moses from the corrupt Glosses of the Scribes and Pharisees whose new Model of Righteousness was so defective