reputation and advantages of his Religion by the like design whose Priests always sit with the secular Magistrates their Alcoran or Scripture after the manner of the ancient Councils lying before them as if all were done by an infallible rule and the judgment were Gods But it almost exceeds belief in what veneration and power that Order of men was in this Land for some hundreds of years after this Nation had received the Faith and that not by any precarious favour of Princes or by an ignorant fondness of the People but establisht their honour was by Law by which every Priest was accounted Thani rectitudine dignus as appears by the a Can ult de Werâ—gildis i. e. cap tum aestimatiâ—nibus Vid. S. H. Spelman in epist ad Reg. Jac. ib. Laws of King Ethelstan a respect which I shall neither arrogantly nor unseasonably communicate unto vulgar ears The reason whereof is not only that which our learned Antiquarie gives us in his English Councils Quippe sub his saeculis apud ipsos solum esset literarum clavis c. because the learning of that age was wholly ignorss'd by some of the Clergy the Priest being the Oracle of the People as the Bishops were of the King and Kingdom but there is another and perhaps a stronger reason to be collected out of those words in one of King b Si quis arrogans pro Episcopi justitia eâ—â—ndare noluerit Episcopuâ— Regi notum faciat Rex auâ—ë constringat malâ—facto eÌ„ ut emendat cui soris secerit scil prâ—mum Episcopo deind sibi sic erunt ibi duo gladii gladius gladium juvâ—bâ—t Hâ—veden Annal. par post Hen. 2. p 6â—â— n. 50. Edit Savil. Edwards Laws gladius gladium juvabit from the reciprocate assistances of the temporal and spiritual swords Christians then believing that there was as much credit to be given unto those as to any other words of our Saviour Mat. 18.18 Whatsoever ye shall bind on earth shall be bound in Heaven and whatsoever ye shall loose on Earth shall be loosed in Heaven But this honour and power together with the immunities of the Church sub Normannicis Regibus nutare coepit says that c Sir H. S. ib. Author and in the Council of Clarendon under Henry the second they received a grievous wound which hath more or less continued bleeding ever since and t is to be fear'd would have done so till the spirits of all Ecclesiastical Jurisdiction had been clean exhausted if Experience which is sometimes the Mistress of wise men as well as of fools had not bound up the wound with a probatum est No Bishop No King I speak not this as if I thought it either convenient or necessary that the Clergy should concern themselves in matters of civil Judicature Pity it were that so active and learned a Gentry as this Nation is wont to produce should betwixt doing nothing and doing ill which would be the certain consequent of that other design degenerate from the worth and lustre of their Ancestors that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or power of self-Government which the Primitive Church did exercise and for which some men of late did so much struggle and contend though it cannot be denied to be lawful yet was it cumbersome and in many cases uneffectual It could not stand with the Reputation of the Church of Christ to make appeals unto the Heathen Emperors as the d Bâ—ls ex Eu seb Synod Antioch in Pâ—â—â—â— n. Council of Antioch was fain to do under the affronts they received from Samosatenus the Heretick after they had deprived him Nor have the Popes themselves been wholly exempt from the like exigents as appears by one instance for all by the supplicatory Epistle of Pope e Voel tom r. p. 213 Bâ—â— ad Aâ— Chr. 419. Boniface to the Emperor Honorius in the case of Schism between the Popes themselves So unuseful if not unsafe will be St. Peters Keys though hanging at the Pope's own girdle if they should lock up Caesar's sword The sober and learned Clergy of this Church must needs know that the Spiritual Jurisdiction stands in need of the temporal power and that the Miter is only safe under the shadow of the Crown Happy then it is for us that Ecclesiastical Dominion can derive it self into the same fountain from whence descends the temporal authority and that like f Ps 85.10 Righteousness and Peace the two Jurisdictions can kiss each other in the Arms of Soveraignty that among us 't is all one to be our King and to be the Defender of the Faith that the Sword is joyn'd to the Word and the Judge to the Priest This Constellation of Power as it is a Prognostick of security and happiness to men of temperate spirits so will it prove a terrible Omen to such as despise Dominion and leave their heady practises to the Censure of just Laws which are the true Standard whereby to measure the crimes of Offenders and not the Opinions of Ignorant and prejudicate men which leads me to the second integrant part of this Law Censura Legis 2. Such hath been the policy of Satan that taking advantage of the ignorance prejudice interest and vices of men he hath sent some sins up and down the world like spies with false names that might not cause men to distrust and avoyd them they were not only carnal but spiritual wickednesses which have wandered about in this disguise compassing the world like him whose emissaries they are not only pravae but Piae fraudes have on all hands cheated men of their pretious souls stellicidia mellis de Lebacunculo venenato as Tertullian speaks the Devil having poysoned the Limbecks from whence men hoped to have suckt most soveraign Elixars and dealt with the world as Praxiteles the Statuary in g Clem. Alexâ—d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 29. Posidippus did with the foolish Heathen made his own Darlings to be worshipt by mens fancies instead of a Deity But as the judgement of God is according to truth in punishing sinners so are the sins of men exactly recorded by Him in his Doomsday-book at the approach of those everlasting burnings Drunkenness will not then be called good fellowshp nor uncleanness a trick of youth nor cheating a trick of wit nor pride decency nor oppression self-preservation nor Rebellion honesty nor faction Godliness nor Sedition standing for the truth nor superstition devotion nor Sacrilege reformation How light soever it may seem to some in these days to reject the just commands of our Lawful Superiours in Church and State yet ab initio non fuit sic and how it came to pass that that which was so gâ—ievous a crime among the Jews Gods own people too should be transform'd into an heroick Virtue among Christians will want some Oedipus to unty the knot The Scripture it self bears witness of the hainousness of this Sin allotting it a place among sins of
15. for certain men which come down to Antioch from Judaea having taught the Brethren and said except ye be circumcised after the manner of Moses ye cannot be sav'd the Apostles and Elders came together for to consider of this matter v. 6. And having made a Decree concerning the point in controversy how religiously it was observed not only by Christians of that Age but for more then 300 years after g In Apolog. c. 9. Tertullian in his Apology h Contr. Cels lib. 8. Origen against Celsus i Eccle. Hist l. 5. c. 1. Eusebius k Catech. 4. Cyril of Jerusalem l Epist 154. ad Public St. Austin and m Ep. 79. ad Nic. Leo will inform such as please to enquire 2. Secondly because the following Councils did never doubt of the like power in themselves as oft as they came together for determining questions of faith or practise I shall only instance in the 6. n Apud Balsam Canon of the third General Council which pronounceth an Anathema on whomsoever should 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which o In Synop. Can. conc Ephes c. 4. Aristinus reads by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Balsamon expounds by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 should but hesitate or doubt of as well as oppose the Decrees of that Council Now the Council of Ephesus we all know met for determining a dispute about the person of Christ for p Vide Cyril Alex. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nestorius had affirm'd and taught that the blessed Virgin was not the Mother of God but of Christ from whence a duality of persons must needs be inferr'd to be in the Son of God and by consequence that there was not a Trinity but a Quaternity of Persons in the Divine nature The Council did as they needs must determine against Nestorius which determination though undoubtedly true yet because it was a consequence drawn from Scripture by the mediation of humane understanding and the Council did so severely oblige all the Church to receive it it must follow that the Council had a full assurance of her power to define matters in controversy and to oblige the members of the Catholick Church not to reject her determinations under the pain of Anathema The argument is of such weight in the judgment of the great q Bel de Conc. lib. 2.6.4 Cardinal that he sticks not to conclude an Infallibility of the Church from thence I stretch it no further than to infer à majori ad minus that if there were a power in the Church that under so grievous a punishment could exact the reception of her Decrees in points of Faith much more may the same Authority require obedience to her determinations in smaller because practical things 3. A third reason is because it is absolutely necessary that all publick Societies whether Ecclesiastical or Civil be furnished with all necessary means to preserve themselves from those evils which are apparently destructive of all governments which evils are such as doe inevitably produce discord divisions and separations amongst the members of the same community the only Remedy whereof is an Authority and Power in the Governours to hear and to determine all Controversies and to bind the contending parties to acquiesce in their determinations Not as if I thought that a man were bound to believe every thing to be true or best that should be so determined for this great Council of the Jews were not infallible nor needed so to be as appears by that Offering which God appointed to be offered when the Congregation had trespass'd through ignorance Lev. 4.13 But that the members of Church or State may be bound non contra agere not to do that which is contrary to a definitive sentence It is sufficient that in materia probabili the common subject of humane Laws there be a moral certainty in our Superiors of the truth or goodness of what is thus defin'd which is enough to oblige Inferiors to obedience the Casuists rule holding good in this point Sires sit dubia praesumendum est pro Legislatore reason modesty and humility nothing dubiè and that must be demonstratively appearing to the contrary will at least admonish us to think the judgement of the Law-giver the best and truest 4. A fourth Argument is because it is a thing unreasonable to affirm or imply that Government under he Gospel should be left in a worse and inferior condition to the state of it under the Law r 2 Cor. 3.8 St. Paul having advanc'd the ministration of the Spirit above that of the letter that is the Oeconomic of things under the Gospel above that they had under the Law of which things Government cannot be understood to be so inconsiderable a part as to be excluded from having any share in that Evangelical Prelation which yet must inevitably follow if the same diseases remaining in the body politick the Governours thereof should be debarr'd the use of the like Remedies I mean if Christians shall be at least as liable to faction and Schism as any Jews whatever and yet the highest authority amongst them be not allowed sufficient means to prevent and restrain men from Innovations Add hereto how ridiculous a thing it must needs appear to be that men concern'd in Government should frequently meet and consult about making of Laws for such as had arm'd themselves against all force of Authority with this Principle viz. that they were bound to receive no Laws further than should stand with their own good liking and approbation By which means it must come to pass that it would be the task of the Magistrate not so much to contrive Laws that might promote Truth Peace Justice and Virtue amongst men as so to model his Laws as mought best secure both himself and them from contempt Ob. It may perhaps be objected that there is a wide difference betwixt that God imposeth and what men injoyn Sol. To this I answer first That it is to be observed that God doth in this Law bind the Jewes to follow not what he himself but what their lawful Superiors the Priest or Judge should define to whom likewise he had not promised any infallible assistance but on the contrary had left them to the best use of their reason which at best may erre and when actually it did erre yet were the Jews bound to follow and not to dispute the but erroneous determinations of that Council that sate in Moses Chair And secondly That the Law of God doth not exceed the just Law of the Church or State in respect of the obligation though it doth so in respect of its stability the reason is because the obligative force of Law is from the essence or nature of Law and is the necessary effect of Law The Law-giver doth not give to Law its essence but its existence he may choose to make this or that particular Law but
Imprimatur Ex aed. Lond. Oct. 3. 1664. Tho. Grigg R.P.D. Episc Lond. à sacris domesticis Lex Pacifica OR GODS OWN LAW OF Determining Controversies Explain'd and asserted in A SERMON Preached at Dorchester at the Assizes holden there for the County of Dorset August 5. 1664. By JOHN MARTIN Rector of Horsey's Melcombe James 3.18 The fruit of righteousness is sown in peace of them that make peace LONDON Printed by J. G. for Richard Royston and are to be sold by John Courtney Bookseller in Salisbury 1664. To the Honourable Sir Matthew Hale Knight Lord Chief Justice of His Majesty's Court of Exchequer and Sir John Archer Knight one of His Majesty's Justices of the Court of Common Pleas Judges for the Western Circuit And To the Right Worshipful Thomas Freke Esquire High Sheriff of the County of Dorset together with the Right Worshipful His Majesty's Justices of the Peace in that County My Lords and Honourable Gentlemen T Is not any fond Conceit bred and encouraged from your acceptance of this Discourse that hath made me entitle the Respect of it to so Honourable and numerous a Partage The publick Address of it had I esteemed my self wholly free must have directed it self the duty of a Chaplain obliging me onely to Master Sheriff whose noble and prudent Deportment in the face of his Countrey cannot but justifie as well as challenge a property of Homage from others besides his known Dependents But as by Master Sheriffs command the onely Person I think that could have set me that task I became at first engaged to the Pulpit so can I not think my self acquitted from that obligation by preaching a maim'd Sermon to so Reverend and Judicious an Auditory We read of Mephibosheth that When tidings came of Saul and Jonathan out of Jezreel that his Nurse took him up 2 Sam. 4.4 and making haste to flee he fell and became lame The like misfortune a truth which every one then observed not happened unto this Discourse by the haste I made upon strict commands to shorten your trouble though the tongues of Gainsayers may sometimes as hastily be fled from as the swords of Philistines this Discourse became lame and I knew no better remedy for its halting at least no other satisfaction of Master Sheriffs last Injunction than to present it to my Honourable and Learned Auditors upon its legs which if not so clean and becoming as Orators may expect nor so firm and sinewed as Divines may require yet may they be fit enough to go of an errand of Charity to my Christian Brethren and to bring home your pardon for this but necessary piece of boldness in My Lords and Honourable Gentlemen Your meanest and humblest Servant JOHN MARTIN Lex Pacifica Or Gods own Law of Determining Controversies explain'd and a sserted Deut. 17.12 And that man that will do presumptuously and will not hearken unto the Priest that standeth to minister there before the Lord thy God or unto the Judges even that man shall dye and thou shalt put away the evill from Israel THat there might be for this time some alliance betwixt the Bench and the Pulpit I have read for my Text this recapitulatorie branch of one of Moses Laws of that kind Divines have commonly styl'd the Judicial Laws The Scripture by a Metonymy calls them Judgements because they are such Laws as God himself appointed unto the Jews to be dispensed out in Acts of legal Justice for Judgment is the Act of justice in particular cases a De Justit Jure lib. 2. c. 29. Dubit â—â— n. 4. Idem Aut quin. Sot al i. per modum causae praecipientis obligantis says a Lessius as flowing from a cause commanding and obliging to the exercise of such Acts. Reduceable they are unto four heads First such as instructed the Magistrates in their duty towards the People Secondly such as taught the People their duty towards the Magistrates and of one man towards another A third sort inform'd them how to demean themselves towards Strangers And a fourth kind directed them in the Domestick duties of their private Families The Division duly considered shews the excellency of the Jewish Policie in that the body of their Laws extended to all the Eminent parts and orders of Society The Obligation of these Laws as delivered by Moses is by Divines usually affirm'd not to reach unto us Christians the reason is because they are Positive Laws and Positive Laws though given by God himself oblige only that People unto whom they are given it being the sole prerogative of Innate Law that is of the Law of Nature to lay a common Obligation upon all Mankind But forasmuch as that same is an undoubted truth which Tertullian speaks in his book of Single marriage De unis nuptiu c. 7. qua adjustitiam spectant non tantùm reservata permaneant verùm ampliata Christians are not only bound to equal but to exceed all others in matters of justice and honesty agreeable to our Saviours 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Mat. 5.17 And being these Laws have ever been had in great veneration in the Church of Christ wise and vertuous Princes having made them their Patern for Laws as appears by the Preamble to our own King Alured's Saxon Laws S H. Spelman circa an Chr. 887. in Concil Britan. And forasmuch as Divines have recourse unto these Laws in debates and for resolution of many weighty points as of Marriage within prohibited degrees payment of Tithes Usury and some others there be these three Corollaries that depend thereon First that many of these Judicial Laws are Conclusions evidently deduc'd from the Law of Nature and are very apposit and suitable to Ecclesiastical and Civil Government as well now amongst Christians as formerly amongst the People of the Jews and Secondly that for that reason such of them as shall be by Supreme Authority judg'd fit may be assum'd either among the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as d In praesat ad Collect. Canon Antiochenus styles them the Divine Canons of the Church or the Decreta Comitiorum as we term them the Statute-laws of Civil Government And thirdly that such of them as shall be so re-invested with the force of Law will be reducible to that kind of Laws which some Divines have rightly styl'd e Suarez de leg l. 3. c. 14. n. 4. leges partim declarativae partim constitutivae laws partly declarative and partly constitutive declarative in respect of the matter of them as having been the subject of some former Law and constitutive in regard of their present power to oblige imprinted on them by the Authority and will of the Law-giver The Obligation of which Laws that it is in the conscience of the Subject and by consequence a sin not to obey no man without affronting Nature and Religion can deny And upon this foundation I shall by Gods assistance superstruct a disquisition of these three