declared out of the Holy Scriptures as matter of Faith but the Belief of those Fundamental Articles before set forth neverthelesse there are required other things as matter of obedience For as it is not enough in Temporal Kingdoms to avoid the punishment which Kings may inflict to acknowledge the Right and Title of the King without Obedience also to his Laws So also it is not enough to acknowledge our Saviour Christ to be the King of Heaven in which consisteth Christian Faith unless also we endeavour to obey his Lawes which are the Lawes of the Kingdome of Heaven in which consisteth Christian Obedience And forasmuch as the Laws of the Kingdom of Heaven are the Laws of Nature as hath been shewed Part. 1. Chap. 5. not only Faith but also the Observation of the Law of Nature which is that for which a man is called Just or Righteous in that sense in which Justice is taken not for the Absence of Guilt but for the Endeavor and constant Will to do that which is Just not only Faith but this Justice which also from the effect thereof is called Repentance and sometimes Works is necessary to salvation So that Faith and Justice do both concur thereto and in the several acceptation of this word Justification are properly said both of them to justifie and the want of either of them is properly said to condemn For not only he that resisteth a King upon doubt of his Titlâ— but also he that doth it upon the inordinatenesse of his Passions deserveth punishment And when Faith and Works are separated not only the Faith is called Dead without Works but also Works are called Dead Works without Faith And therefore S. James Chap. 2.17 saith Even so the Faith if it have no works is dead in it self and vers. 26. For as the Body without the Spirit is dead even so Faith without works is dead And S. Paul Heb. 6.1 calleth Works without Faith Dead Works where he saith Not laying again the Foundation of Repentance from Dead Works And by these Dead Works is understood not the Obedience and Justice of the inward Man but the opus operatum or external Action proceeding from fear of punishment or from vain glory and desire to be honoured of men and these may be separated from Faith and conduce no way to a Mans Justification And for that cause S. Paul Rom. 4. excludeth the Righteousness of the Law from having part in the Justification of a sinner For by the Law of Moses which is applyed to mens Actions and requireth the Absence of Guilt all men living are liable to Damnation and therefore no man is iustified by Works but by Faith only But if Workes be taken for the endeavour to doe them that is if the Will be taken for the Deed or Internal for External Righteousness then doe works contribute to Salvation And then taketh place that of S. James Chap. 2.24 Ye see then how that of works a man is iustisted and not of faith only And both of these are ioyned to salvation as in S. Mark 1.5 Repent and believe the Gospel And Luk. 18.18 when a certain Ruler asked our Saviour what he ought to doe to inherit eternal life he propounded to him the keeping of the Commandements which when the Ruler said he had kept he propounded to him the Faith Sell all that thou hast and fellow me And Joh. 3.36 He that beleeveth in the Son hath everlasting life And He that obeyeth not the Son shall not see life Where he manifestly ioyneth Obedience and Faith together And Rom 1.17 The Just shall live by Faith not every one but the Just For also the Devils beleeve and tremble But though both Faith and Justice meaning still by Justice not absence of Guilt but the Good Intentions of the Mind which is called Righteousness by God that taketh the Will for the Deed be both of them said to iustifie yet are their Parts in the Act of Justification to be distinguished For Justice is said to iustifie not because it absolveth but because it denominates him Just and setteth him in an estate or capacity of salvation whensoever he shal have Faith But faith is said to justifie that is to absolve because by it a iust man is absolved of and forgiven his uniust Actions And thus are reconciled the places of S. Paul and S. James that Faith only iustifieth and A man is iustified by Faith onely and shewed how Faith and Repentance must concur to salvation 11. These things considered it will easily appear That under the Soveraign power of a Christian Common VVealth there is no Danger of Damnation from simple Obedience to Humane Lawes for in that the Soveraign alloweth Christianity no man is compelled to renounce that Faith which is enough for his Salvation that is to say the Fundamental Points And for other Points seeing they are not necesâ—ary to salvation if we conform our Actions to the Lawes we do not only what we are allowed but also what we are commanded by the Law of Nature which is the morall Law taught by our Saviour Himself And it is part of that Obedience which must concur to our Salvation 12. And though it be true whatsoever a man doth against his Conscience is sin yet the Obedience in these Cases is neither sin nor against the Conscience For the Conscience being nothing else but a Mans setled judgement and Opinion when he hath once transferred his Right of Judging to another that which shall be commanded is no lesse his Judgement then the Judgement of that other So that in Obedience to Lawes a man doth still according to his owne Conscience but not his private Conscience And whatsoever is done contrary to private Conscience is then a Sin when the Lawes have left him to his own liberty and never else And then whatsoever a man doth not only believing it is ill done but doubting whether it be ill or not is done ill in case he may lawfully omit the doing 13. And as it hath been proved that a man must submit his Opinions in matter of Controversie to the Authority of the Common Wealth so also is the same confest by the practice of every one of them that otherwise deny it For who is there differing in Opinion from another and thinking himself to be in the right and the other in the wrong that would not think it reasonable if he be of the same Opinion that the whole State alloweth that the other should submit his opinion also thereunto or that would not be content if not that one or a few men yet all the Divines of a whole Nation or at least an Assembly of all those he liketh should have the Power to determine all the Controversies of Religion or who is there that would not bee content to submit his Opinions either to the Pope or to a Genenerall Councel or to a Provincial Councel or to a Presbyterie of his owne Nation And yet in all these Cases hee submitteth
Incroaching 3. If there passe no other Covenant the Law of Nature is That such things as cannot be divided be used in common proportionably to the numbers of them that are to use the same or without Limitation when the Quantity thereof sufficeth For first supposing the thing to be used in common not sufficient for them that are to use it without Limitation if a few shall make more use thereof then the rest that equality is not observed which is required in the second Section And this is to be understood as all the rest of the Laws of Nature without any other Covenant antecedent for a man may have given away his Right of Common and so the case be altered 4. In those things which neither can be divided nor used in common the Rule of Nature must needs be one of these Lot or Alternate use for besides these two wayes there can no other equality be imagined and for alternate Use he that beginneth hath the advantage and to reduce that advantage to Equality there is no other way but Lot In things therefore indivisible and incommunicable it is the Law of Nature That the Use be alternate or the Advantage given away by Lot because there is no other way of Equality And Equality is the Law of Nature 5. There be two sorts of Lots One Arbitrary made by men and commonly knowne by the Names of Lot Chance Hazard and the like and there is Natural Lot such as is Primogeniture which is no more but the Chance or Lot of being first born which it seemeth they considered that call Inheritance by the name of Kleronomia which signifieth Distribution by Lot Secondly Prima occupatio first feizing or finding of a thing whereof no man made Use before which for the most part also is meerly Chance 6. Although men agree upon these Laws of Nature and endeavour to observe the same yet considering the Passions of men that make it difficult to understand by what actions and circumstances of Actions those Laws are broken there must needs arise many great controversies about the Interpretation thereof by which the peace must needâ— be dissolved and men return again to their former estate of hostility For the taking away of which Controversies it is necessary that there be some common Arbitrator and Judge to whose sentence both the Parties to the Controversies ought to stand And therefore it is a Law of Nature That in every Controversie the Parties thereto ought mutualâ—â— to agree upon an Arbâ—trator whom they botâ— trust and mutually to covenant to stand to the Sentence he shall give therâ—in For where every man is his own Judge there properly is no Judg at all as whâ—re every man caâ—veth out his own right it hath the same effect as if there were no right at all and where is no Judge there is no End of Controversie And therefore the Right of Hostility remaineth 7. An Arbitrator therefore or he that is Judge is trusted by the Parties to any controversie to determine the same by the Declaration of his own Judgement therein Out of which followeth first that the Judge ought not to be concerned in the Controversie he endeth for in that case he is a Party and ought by the same Reason to bee judged by another Secondly that he maketh no Covenant with either of the Parties to pronounce sentence for the One more then for the Other Nor doth he covenant so much as that his sentence shall be just for that were to make the Parties Judges of the Sentence whereby the Controversie would remaine still undecided Neverthelesse for the Trust reposed in him and for the Equality which the law of nature requireth him to consider in the Parties he violateth that Law if for favour or hatred to either party he give other sentence then he thinketh Right And thirdly that no man ought to make himself Judge in any Controversie between others unlesse they consent and agree thereto 8. It is also the Law of Nature That no man obtrude or presse his Advice or Counsell to any man that declareth himselfe unwilâ—ing to heare the same For seeing a man taketh Counsel concerning what is Good or Hurt of himself onely and not of his Counsellor and that Counsel is a Voluntary Action and therefore tendeth also to the good of the Counsellor there may be often iust cause to suspect the Counsellor and though there be none yet seeing Counsell unwillingly heard is a needlesse offence to him that is not willing to hear it and offences tend all to the Breach of Peace it is therefore against the Law of Nature to obtrude it 9. A man that shall see these Lawes of Nature set down and inferred with so many words and so much adoe may think there is yet much more difficulty and subtilty required to acknowledge and do according to the said Laws in every sudden occasion when a man hath but a little time to consider And while we consider man in most passions as of Anger Ambition Coveteousness Vain-Glory and the like that tend to the excluding of natural Equality it is true But without these Passions there an easie rule to know upon a sudden whether the Action I be to do be against the Law of Nature or not And it is but this That a man imagine Himself in the Place of the Party with whom He hath to do and reciprocally him in His Which is no more but a changing as it were of the Scales For every mans Passion weigheth heavy in his owne Scale but in the Scale of his Neighbour And this Rule is very well knowne and expressed in this Old Dictate Quod tibi fieri non vis alteri ne feceris 10. These Lawes of Nature the Sum whereof consisteth in forbidding us to be our own Judges and our own Carvers and in commanding us to accommodate one another In case they should be observed by some and not by others would make the Observers but a prey to them that should neglect them leaving the good both without Defence against the Wicked and also with a Charge to assist them which is against the scope of the said Lawes that are made only for the protection and defence of them that keepe them Reason therefore and the Law of Nature over and above all these particular Lawes doth dictate this Law in general That those particular Lawes be so far observed as they subiâ—ct us not to any Incommodity that in ouâ— owne Judgments may arise by the neglect thereof in those towards whem we observe them and consequently requireth no more but the Desire and constant Intention to endeavour and be ready to observe them unlesse there be cause to the contrary in other mens refusall to observe them towards us The Force therefore of the Law of Nature is not in foro externo till there be security for men to obey it but is alwaies In foro interno wherein the Action of obedience being unsafe the Will and Readiness to
performe is taken for the Performance 11. Amongst the Lawes of Nature Customes and Prescriptions are not numbred For whatsoever Action is against Reason though it be reiterated never so often or that there be never so many Precedents thereof is still against Reason and therefore not a Law of Nature but contrary to it But consent and Covenant may so alter the Cases which in the Law of Nature may be put by changing the Circumstances that that which was Reason before may afterwards be against it and yet is Reason still the Law For though every man be bound to allow equally to another yet if that other shall see cause to renounce the same make himself inferior then if from thenceforth he consider him as inferior he breaketh not thereby that Law of Nature that commandeth to allowâ— Equallity In sum A mans owne Consâ—nt may abridge him of the liberty which the Law of Nature leaveth him but custome not nor can either of them abrogate either these or any other Law of Nature 12. And forasmuch as Law to speake properly is a Command and these Dictates as they proceed from Nature are not Commands they are not therefore called Laws in respect of Nature but in respect of the Author of Nature God Almighty 13. And seeing the Laws of Nature concern the Conscience not he only breaketh them that doth any Action contrary but also he whose action is conformable to them in case he think it contrary For though the Action chance to be right yet in his Judgment he despiseth the Law 14. Every man by naturall passion calleth that Good which pleaseth him for the present or so far forth as he can foresee and in like manner that which displeaseth him Evil And therefore he that foreseeth the whole way to his Proservation which is the End that every one by nature aymeth at must also call it good and the contrary evil And this is that Good and Evil which not every man in passion calleth so but all men by Reason And therefore the fulfilling of all these Laws is Good in Reason and the breaking of them Evill And so also the habit or disposition or intention to fulfill them Good and the Neglect of them Evill And from hence cometh that Distinction of Malum Poenâ— and Malum Culpae for Malum Pâ—nâ— is any pain or molestation of the Mind whatsoever but Malum Culpae is that action which is contrary to Reason and the Law of Nature As also the habit of doing according to these and other Laws of Nature that tend to our preservation is that wee call Virtue and the Habit of doing the contrary Vice As for Example Justice is that Habit by which we stand to Covenants Iniustice the contrary Vice Equity that Habit by which we allow Equality of Nature Arrogancy the contrary Vice Gratitude the Habit whereby we requite the Benefit and trust of others Ingratitude the contrary Vice Temperance the Habit by which wee abstain from all things that tend to our Destruction Intemperance the contrary Vice Prudence the same with Virtue in general As for the common opinâ—on that Virtue consisteth in Mediocrity and Vice in extreames I see no ground for it nor can find any such Mediocrity Courage may be Virtue when the Daring is Extream if the Cause be Good and extream fear no Vice when the danger is Extream To give a man more then his Due is no iniustice though it be to give him less and in Gifts it is not the sum that maketh liberality but the reason And so in all other Virtues and Vices I know that this Doctrine of Mediocrity is Aristole's but â—is Opinions concerning Virtue and Vice are no other then those which were received then and are still by the generality of men unstudyed and therefore not very likely to be accurate 15. The Sum of Virtue is to be Sociable with them that will be Socâ—able and Formidable to them that will not And the same is the Sum of the Law of Nature For in being Sociable the Law of Nature taketh place by the way of Peace and Societie and to be Formidable is the Law of Nature in War where to be feared is a Protection a man hath from his own Power and as the â—ormer consisteth in Actions of Equity and Justice the latter consisteth in Actions of Honour And Equity Justice and Honour contain all virtues whatsoever CHAP. V. A Confirmation out of holy Scripture of the principall points mentioned in the two last Chapters concerning the Law of Nature THe Lawes mentioned in the former Chapters as they are called the Lawes of Nature for that they are the Dictates of Naturall Reason and also Morall Lawes because they concern the Manners and Conversation one towards another so are they also Divine Lawes in respect of the Author thereof God Almighty and ought therefore to agree or at least not to be Repugnant to the Word of God revealed in Holy Scripture In this Chapter therefore I shall produce such places of Scripture as appear to be most consonant to the said Lawes 2. And first the Word of God seemeth to place the Divine Law in Reason by all such Texts as ascribe the same to the Heart and understanding as Psal. 40.8 Thy Law is in my Heart Heb. 8.10 After those Dayes saith the Lord I will put my Lawes in their Mind And Heb. 10.16 The same Psal. 37.31 speaking of the Righteous man he saith The Law of God in his Heart Psal. 19.7 8. The Law of God is perfect converting the soul It giveth Wisdome to the simple and light unto the eyes Jer. 31.33 I will put my Law in their inward parts and write it in their Hearts And Joh. 1. The Law-giver Himself God Almighty is called by the Name of {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which is also called ver. 4. The Light of men And vers. 9. The light which lighteth every man which cometh inâ—o the World All which are Descriptions of Naturall Reason 3. And that the Law Divine for so much as is Morall are those Precepts which tend to Peace seemeth to be much confirmed by such places of Scripture as these Rom 3.17 Righteousnesse which is the fufilling of the Law is called The way of Peace And Psa. 85.10 Righteousness and Peace shall kiss each other And Matth. 5.9 Blessed are the Peacemakers And Heb. 7.2 Melchisedeck King of Salem is interpreted King of Righteousness and King of Peace And ver. 21. Our Saviour Christ is said to be a Preist for ever after the order of Mâ—lchisedeck Out of which may be inferred that the Doctrine of our Saviour Christ annexeth the Fulfilling of the Law to peace 4. That the Law of Nature is unalterable is intimated by this that the Preisthood of Melchisedeck is everlasting and by the Words of our Saviour Matth. 5.18 Heaven and Earth shall passe away but one jot or tittle of the Law shall not passe till all things be fulfilled 5. That Men ought
hopes consist in his own sleight and strength consequently when any man by his natural passion is provoked to break these Lawes of Nature there is no security in any other man of his own Defence but Anticipation And for this cause every mans right howsoever he be inclined to peace of doing whatsoever seemeth good in his own eyes remaineth with him still as the necessary means of his Perservation And therefore till there be security amongst men for the keeping of the Law of Nature one towards another men are still in the Estate of war and nothing is unlawfull to any man that tendeth to his own safety or Commodity And this safety and commodity consisteth in the mutuall ayd and Help of one another whereby also followeth the mutuall Fear of one another 2. It is a proverbiall saying Inter arma silent Leges There is little therefore to be said concerning the Lawes that men are to observe one towards another in Time of War wherein every mans Being and Wâ—ll-being is the rule of his Actions Yet thus much the Law of Nature commandeth in War that men satiate not the cruelty of their present Passions whereby in their own Conscience they foresee no benefit to come For that betrayeth not a necessity but a disposition of the mind to war which is against the Law of Nature And in old Time we read that Rapine was a Trade oâ— life wherein nevertheless many of them â—hat used it did not only spare the lives of those they invaded but left them also such things as were necessary to preserve that life which they had given them as namely their Oxen and Instruments for Tillage though they carried away all their other Cattel and substance And as the Rapine it self was warranted in the Law of Nature by the want of security otherwise to maintain themselves so the exercise of cruelty was forbidden by the same Law of Nature unless Fear suggested any thing to the contrary For nothing but Fear can justâ—fie the taking away of anothers life And because Fear can hardly be made manifest but by some Action dishonorable that bewrayeth the Conscience of ones own Weakness all men in whom the Passion of Courage or Magnanimity hath been Predominant have abstained fâ—om cruelty insomuch that though there be in War no Law the breach wherof is Iniury yet there are in War those Lawes the breach whereof is dishonour In one word therefore the only Law of Actions in War is Honour and the Right of War Providence 3. And seeing Natural ayd is necessary for Defence as mutual fear is necessary for Peace wee are to consider how great Ayds are required for such Defence and for the causing of such mutual fear as men may not easily adventure on one another And first it is evident that the mutual Ayd of two or three men is of very little security For the odds on the other side of a man or two giveth sufficient encouragement to an assault And therfore before men have sufficient security in the help of one another their number must be so great that the Odds of a few which the enemie may have be no certaine and sensible advantage 4. And supposing how great a number soever of men assembled together for their mutual defence yet shall not the effect follow unless they all direct their Actions to one and the same End which direction to one and the same End is that which Chap. 12. Sect. 7. is called Consent This consent or concord amongst so many men thougâ— it may be made by the fear of a present Invader or by the hope of a present Conquest or Bootie and endure as long as that action endureth nevertheless by the Diversity of Judgements and Passions in so many men contending naturally â—or honour and advantage one above another it is impossible not only that their consent to ayd each other against an enemie but also that the Peace should last between themselves with out some mutual and common fear to rule them 5. But contrary hereunto may be obiected the experience we have of certain living Creatures irrational that nevertheless continually live in such good Order and Government for their common benefit and are so free from Sedition War amongst themselves that for Peace Profit and Defence nothing more can be imaginable And the Experience we have in this is in that little Creature the Bee which is therefore reckoned amongst Animalia Politica Why therefore may not men that foresee the Benefit of Concord continually maintain the same without compulsion as well as they To which I answer That amongst other living Creatures there is no Question of Precedence in their owne Species nor strife about Honour or acknowledgement of one anothers wisdome as there is amongst Men from whence arise Envie and Hatred of one towards another and from thence Sedition and War Secondly those living Creatures aim every one at Peace and Food common the Will of Man being voluntary but the Beginning of Voluntary actions is not subject to Deliberation and Covenant yet when a man covenanteth to subject his Will to the command of another he obligeth himself to this that he resigne his strength and meanes to him whom he covenanteth to obey And hereby he that is to command may by the use of all their means strength be able by the terrour thereof to frame the Will of them all to Unity and Concord amongst themselves 8. This Union so made is that which men call now adayes A Body Politick or Civil Society and the Greeks call it {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} that is to say a City which may be defined to be a multitude of men united as one Person by a common power for their common Peace Defence and Benefit 9 And as this Union into a City or Body Politick is instituted with common Power over all ther particular Persons or Members thereof to the common good of them all so also may there be amongst a multitude of those Members instituted a subordinate Union of certain men for certain common actions to be don by those men for some commoâ— Benefit of theirs or of the whole City aâ— for subordinate Government for Counsell for Trade and the like And these Subordinate Bodies Politick are usually calleâ—Corporations and their power such over the particulars of their own Society as the whole City whereof they are Members have allowed them 10. In all Cities or Bodies politick not Subordinate but Independent that One man or one Councell to whom the particular Members have given that common Power is called their Soveraign and his power the Soveraign power which consisteth in the power and the strength that every of the Members have transferred to him from themselves by Covenant And because it is impossible for any man really to transfer his own strength to another or for that other to receive it it is to be understood that to transfer a mans power and strength is no
himselfe to no greater then Humane Authoritie Nor can a man bee said to submit himselfe to Holy Scripture that doth not submit himselfe to some or other for the Interpretation thereof Or why should there bee any Church Government at all instituted if the Scripture it selfe could doe the Office of a Judge in Controversies of Faith But the Truth is apparent by continuall Experience that men seeke not onely Liberty of Conscience but of their Actions nor that onely but a farther Liberty of perswading others to their Opinions nor that onely for every man desireth that the Soveraign Authoritie should admit no other Opinions to bee maintained but such as hee himselfe holdeth 14. The difficulty therefore of obeying both God and Man in a Christian Common Wealth is none All the difficulty resteth in this Point Whether hee that hath received the Faith of Christ having before subiected himselfe to the Authoritie of an Infidell bee discharged of his Obedience thereby or not in matters of Religion In which case it seemeth reasonable to thinke that since all Covenants of Obedience are entred into for the preservation preservation of a mans life if a man be content without Resistance to lay down his life rather then obey the commands of an Infidel in so hard a Case he hath sufficiently discharged himself thereof For no Covenant bindeth farther then to endeavour and if a man cannot assure himself to perform a iust Duty when thereby he is assured of present Death much less it can be expected that a man should perform that for which he believeth in his heart he shall be damned eternally And thus much concerning the Scruple of Conscience that may arise concerning Obedience to Humane Lawes in them that interpret the Law of God to themselves It remaineth to remove the same scruple from them that submit their controversies to others not ordained thereunto by the Soveraign Authority And this I refer to the Chapter following CHAP. VII 1. The Questions propounded who are the Magistrates in the Kingdome of Christ 2. The Questions exemplified in the Controversies between Moses and Aaron and between Moses and Corah 3. Amongst the Jews the Power Temporal and Spiritual in the same Hand 4. Parallel of the Twelve Princes of Israel and the twelve Apostles 5. Parallel of Seventy Elders and Seventy Disciples 6. The Hierarchy of the Church in our Saviours time consisted in the Twelve and in the Seventy 7. Why Christ ordained not Priests for Sacrifices as Moses did 8. The Hierarchy of the Church in the Apostles time Apostles Bishops and Priests 9. The Preaching of the Gospel was not commanding but perswading 10. Excommunication Soveraignes immediate Rulers Ecclesiasticall under Christ 11. That no man hath any just Pretence of Religion against Obedience to Common-VVealth God speaketh to Man by his Vicegerents IN the former Chapter have been removed those difficulties opposing our Obedience to Humane Authority which arise from misunderstanding of our Saviours Title and Lawes in the former whereof namely his Title consisteth our Faith and in the latter our Justice Now they who differ not amongst themselves concerning his Title and Lawes may neverthelesse have different opinions concerning his Magistrates and the Auâ—hority he hath given them And this is the cause why many Christians have denyed Obedience to their Princes pretending that our Saviour Christ hath not given this Magistracy to them but to others As for example some say to the Pope universally some to a Synod Aristocratical Some to a Synod Democraticall in every several Common VVealth and the Magistrates of Christ being they by whom he speaketh the Question is Whether he â—peak unto us by the Pope or by Convocations of Bishops and Ministers or by Them that have the Soveraign Power in every Common-Wealth 2. This Controversie was the cause of those two Mutinies that happened against Moses in the Wilderness The first by Aaron and his Sister Miriam who took upon them to censure Moses for marrying an Ethiopian woman And the state of the Question between them and Moses they set forth Numb. 12.2 in these words VVhat hath the Lord spoken but only by Moses hath be not spoken also by us and the Lord heard this c. and punished the same in Miriam forgiving Aaron upon his Repentance And this is the case of all them that set up the Priest-hood against the Soveraignty The other was of Corah Dathan and Abiram who with two hundred and fifty Captains gathered themselves together against Moses and against Aaron The state of their Controversie was this Whether God were not with the Multitude as well as with Moses and every man as holy as he For Numb. 16.3 thus they say You take too much upon you seeing all the Congregation is holy every one of them and the Lord is amongst them wherefore then lift ye your selves above the Congregation of the Lord And this is the case of them that set up their private Consciences and unite themselves to take the Government of Religion out of the hands of Him or Them that have the Soveraign Power of the Common Wealth which how well it pleaseth God may appear by the hideous punishment of Corah and his Complices 3. In the Government therefore of Moses there was no power neither Civil nor Spiritual that was not derived from him Nor in the State of Israel under Kings was there any Earthly Power by which those Kings were compellable to any thing or any Subiect allowed to resist them in any case whatsoever For though the Prophets by extraordinary calling did often admonish and threaten them yet they had no Authority over them And therefore amongst the Jews the power Spirituall and Temporall was alwayes in the same Hand 4. Our Saviour Christ as he was the rightful King of the Jewes in particular as well as King of the Kingdome of Heaven in the ordaining of Magistrates received that form of Policy which was used by Moses According to the number of the Children of Jacob Moses tooke unto him by the appointment of God Numb. 1.4 twelve men every one of the chief of their Tribe which were to assist him in the Muster of Israel And these twelve vers. 24. are called the Princes of Israel Twelve men every one for the house of their Fathers which are said also Numb. 7.2 To be heads over the Houses â—f their Fathers and Princes of the Tribes and â—ver them that were numbred And these were every one equall amongst themselves In like manner our Saviour tooke unto him Twelve Apostles to be next unto him in Authority of whom he saith Matth. 19.28 When the Son of Man shall sit in the Throne of his Maiesty ye shall follow me in the Regeneration shall sit also upon Twelve Thrones and iudge the Twelve Tribes of Israel And concerning the equality of the Twelve Apostles amongst themselves our Saviour saith Matth. 20.25 Ye know that the Lords of the Gentiles have Domination over them c. vers. 26. But
do mean their own But this is certain seeing Right Reason is not existent the Reason of some Man or Men must supply the place thereof and that man or men is He or They that have the Soveraign Power as hath been already proved and consequently the Civil Laws are to all Subiects the Measures of their Actions whereby to determine whether they have Right or Wrong Profitable or Unprofitable Virtuous or Vitious and by them the Use and Definition of all Names not agreed upon and tending to controversie shall be established As for Example When upon the occasions of some strang and deformed Birth it shall not be decided by Aristotle or the Philosophers whether the same be a man or no but by the Laws the Civil Law containing in it the ecclesiastical as a part thereof proceeding from the Power of Ecclesiastical government given by our Saviour to all Christian Soveraigns as his immediate Vicars as hath been said Part 2. Chap. 7. Sect. 10. 9. But seeing it hath been said That all Laws are either Natural or Civil it may be demanded to which of these shall be referred that Law which is called Martial Law and by the Romans Disciplina militaris And it may seem to be the same with the law of nature because the Laws by which a multitude of Souldiers are governed in an Army are not constant but continually changing with the Occasion and that is still a Law which is Reason for the present and Reason is the Law of Nature It is nevertheless true that Martial Law is Civil Law because an Army is a Body Politick the whole Power whereof is in the General and the Laws thereof made by him and though they still follow and change as Reason requireth yet it is not as the Reason of every Private man but as the Reason of the General requireth 10. When He or They in whom is the Soveraign power of a Common Wealth are to ordain Law for the government and good Order of the People it is not possible they should comprehend all Cases of Controversie that may fall out or perhaps any considerable diversitie of them but as time shall instruct them by the rising of new ocasions so are also Laws from time to time to be ordained and in such Cases where no special Law is made the Law of Nature keepeth its Place and the Magistrates ought to give sentence according thereunto that is to say according to Natural Reason The Constitutions therefore of the Soveraign Power by which the Liberty of Nature is abridged are written because there is no other way to take notice of them whereas the Laws of Nature are supposed to be written in mens hearts Written Laws therefore are the constitutions of a Common Wealth expressed and Unwritten are the laws of Natural Reason Custome of it self maketh no laws Nevertheless when a Sentence hath been once given by them that judge by their Natural Reason whether the same be Right or Wrong it may attain to the vigour of a law not because the like Sentence hath of Custome been given in the like case but because the Soveraign Power is supposed tacitely to have approved such Sentence for Right and thereby it commeth to be a Law and numbred amongst the Written laws of the Common Wealth For if Custom were sufficient to introduce a law then it would be in the power of every one that is deputed to hear a Cause to make his Erours laws In the like manner those that goe under the Title of Respons a Prudentum that is to say the Opinions of Lawyers are not therefore Laws because Responsa Prudentum but because they are admitted by the Soveraign and from this may be collected That when there is a Case of private contract between the Soveraign and the Subiect a President against reason shall not preiudice the cause of the Soveraign no President being made a Law but upon supposition that the same was reasonable from the beginning And thus much concerning the Elements and general grounds of Laws Natural and Politick As for the Law of Nations it is the same with the Law of Nature For that which is the Law of Nature between Man and Man before the constitution of Common Wealth is the Law of Nations between Soveraign and Soveraign after FINIS