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The pattern of catechistical doctrine at large, or, A learned and pious exposition of the Ten Commandments with an introduction, containing the use and benefit of catechizing, the generall grounds of religion, and the truth of Christian religion in particular, proved against atheists, pagans, Jews, and Turks / by the Right Reverend Father in God Lancelot Andrews ... ; perfected according to the authors own copy and thereby purged from many thousands of errours, defects, and corruptions, which were in a rude imperfect draught formerly published, as appears in the preface to the reader.
Andrewes, Lancelot, 1555-1626.
Wing A3147; ESTC R7236
the antiquity necessity and sanctity of places for publick worship p. 299 CHAP. XII 29 About tythes and their morality that they are still due not jure naturali but by positive divine law from the beginning p. 306 30 Of Oblations p. 308 Com. 5. CHAP. IV. 31 Of the end of government and whether people be above their Governours p. 331 32 Of obedience to just authority in things doubtful p. 339 CHAP. VIII 33 That the power of Princes is onely from God proved out of the Authors other writings p. 373 Com. 6. CHAP. III. 34 Of the causes of a just war p. 407 Com. 8. CHAP. VII 35 Concerning Restitution p. 475 Com. 9. CHAP. I. 36 About the meaning of the word ãâã ãâã ãâã ãâã ãâã respondere p. 494 Errata PAge 1. line 24. read 24 tracts of his Catechizings p. 24. l. 10. r. take away religion and you take away faith p. 43. l. 27 r. which may be gathered out of c. p. 53. l. 9. r. assure p. 54 dele seemeth to be according to the Councel of the H. G. and read the same words at the end of the next line before thus which seemeth c. In the Marg. adde Acts 17 11. p. 53. l. 36. r. God bestoweth this gist upon the learned yet all those that are learned have not the gift of c. p. 58. l. 25. aster fail adde S. Augustine against Julian and most of the Fathers upon John 6. 53. affirm it so doth the Milevitan Councel and Pope Innocent ãâã it ãâã now this is generally rejected p. 68. l. 2. r. dim p 73. l. 38. dele totam lineam and l. 39 r. and they ãâã grounded p. 75. l. 49. r. to make willing p. 82. l. 7. r. brazen serpent p. 85. r. ãâã p. 99. l. 56. r ãâã Commandment p. 104. l. 30. r. perfectio p. 127. l. 52. r sences of seeing and hearing p. 129. l. 8. r. about their necks p. 153. l. 14. r. it lyes l. 15. r. make it fructifie l. ult r. to have p. 154. r. must joyn not c. p. 168. l. 41. r. infernum p. 171. l. 53. r. under the flail c. p. 186. l. 24. r. discover l. 41 for fower r some p. 203. l. 15. r. of Images p. 239. l. 25. r. ãâã p. 240. l 11. r second cause p. 241. l. 13. r. other proofs l. 19. r. other proofs p. 250. l. 41. r. lib. 3. l. 44. r. Azor. 1 part moral The two next paragraphs ought to be in Ital. p. 260. l. 57. r. Aetiologie p. 266. l. 43. r. are moral p. 275. l. 14. r. by wresting p. 279. the Annotation is transposed it should come in after line 31. p 294. l. 25. r. kinde of ãâã p. 297. l. 52. r. confession p. 299. l 39. r. not to destroy any p. ãâã l. 47. r. instruct them p 312. l. 3. r. ãâã not p. 317. l. 27. r. they are p. 321. l. 12. d. as are l. 14. dele and not onely for it self but also p. ãâã l 2 r. layes this ground that God would have all to be saved this is his ultimate c. p. 328. l. 26. r to God p. 333. l. 6. r. a superiour l. 36. r. to profit l. 47. r. thus governed l 51. r. proud manner p 339. l 31. r. love of parents p. 361. l. 51. r. and a difference l. cad r. the Apostle makes p. 365. l. 23. r. this purpose p. 373. after line 25. the Paragraph should be in Italique p. 377. after line 32. the Paragraph should be in Ital. p. 378. l. 19. r fieri non p. 403. l. 42. r. not onely p. 420. l. 33. r. crying p. 433 l. ult r. in shew p. 440. l. 47. d. with surfetting p. 453 l. 13. r. pray at some times p. 482. l. 30. r. fruits as l. 33. r. tenths and. p. 485. l 2. r. and storms p. 487. l. 17. r. jeasts p. 489. l. 53. r. aims at p. 495. l. 1. d. though l. 40. r. this course p. 497. l. 42. r. not onely p. 498. l. 10. r. fatteth p. 502. l 10. for from r. in p. 506. l. 13. d. not p. 517. l. 44. r. sift Other Errors there are which the Reader is desired to correct THE PREFACE READER here is offered to thy View a posthumous Work of a Reverend and Famous Bishop one of the greatest Lights which the Church of Christ hath had in this latter Age and the Glory of our English Church while he lived A Work which may merit thy Acceptance in Respect both of the Author and the Subject which it handles Of the first I shall need to say little the very name of Bishop Andrews proclaiming more then if I should say that he was a judicious profound and every way accomplisht Divine an eminent Preacher a learned Antiquary a famous Linguist a curious Critick a living Library amongst Schclars the Oracle of our Church and such a Priest whose lips preserved knowledge and at whose mouth the Law was to be sought What admirable height of Learning and depth of Judgement dwelt in that Reverend Prelate he that would know may read in those living Images of his Soul And as his other works praise him in the gate so this which is now presented to thee though composed in his younger years when he was Fellow of Pembroke Hall in Cambridge will demonstrate that the Foundations were then laid of those great Parts and Abilities wherewith he was furnisht when he came to the Episcopal Chair and the ground work of all those other learned Labours wherewith he afterwards enricht the Church for in these Lectures or Colledge Exercises which were heard with the publick applause of the whole University where scarce any pretended to the Study of Divinity who did not light their Candle at his Torch it will appear that he had even then gone through the whole Encyclopedic of Divine and Humane Learning and that as he was a rich Magazine of all Knowledge so he had here contracted the Quintessence of all his vast Studies and the high conceptions of his great and active soul into these Lectures as into a common Treasury for he that shall peruse this Book shall finde besides his perfection in all humane Learning Philosophy and the Arts his exquisite knowledge in all the learned Languages and that besides his skill in the sacred Text wherein his greatest excellency lay he had read and digested the Fathers Schoolmen Casuists as well as modern Divines that he was throughly versed in all kinde of Antiquities and Histories in Theologie Moral Scholastick and Polemick and no stranger to the Laws both Civil and Canon and which seldome concur in one that he was eminent as well in the Rational and Judicial as in the Critical and Historical part of Learning so that what one of his School-Masters foretold of him that he would be literarum lumen was verified in those Colledge Exercises wherein this Light began to shine betimes and to cast his Rayes both
that though by the common Canon-law all festivals are from evening to evening Cap. 1. 2. de Feriis ãâã cap. 13. n. 5. Covar in 4. variar resol cap. 19. n. 9. yet where the custom is to observe them from midnight to midnight or from morning to morning such custom ought to be kept if there be lawful prescription for it as Panorm resolves 7. Before we conclude this observation about the Sabbath it may be fit to consider why it was so long observed after our Saviour together with the Lords day for we finde that for many years after the Apostles times the Sabbath was kept as well as the Lords day until the Councel of Laodicea which was not long before the Councel of Nice and that it is still observed among the Abyssines and that Balsam saith that the holy Fathers ãâã ãâã ãâã ãâã ãâã did in a manner equall the Sabbath with the Lords day Gregory Nyssen calls those two dayes fratres brethren Clem. constit l. 7. cap. 24. Diem Sabbati Diem Dominicam festas habete quoniam illa creationis altera resurrectionis memoria dicata est observe those two festivals the sabbath and the Lords day the one in memory of the creation the other of the resurrection hence was that old Custome of not fasting upon the sabbath or Saturday because it was a day of rejoycing and therefore those ãâã ãâã ãâã ãâã ãâã festival dayes in the 53 Canon of the Apostles are expounded by Zonaras to be the Sabbath or Saturday and the Lords day and in the 65 Canon it is prohibited to fast either on the Sabbath or Lords day ãâã onely the Sabbath before Easter Ignatius in Epist. ad Philadelph saith If any fast ãâã ãâã ãâã ãâã ãâã on the Lords day or on the Sabbath ãâã ãâã ãâã ãâã ãâã he is a murderer of Christ. Tertul de jejuniis saith Sabbatum nunquam nisi in Pascha jejunandum est none must fast on the Sabbath or Saturday save before Easter And from this cause it was that Constantine whose Edict we may read in Eusebius for the free exercise of Christian Religion forbids that they should be impleaded on the Sabbath or Saturday as well as on the Sunday because both dayes were observed with publick meetings And in the Synod of Laodicea it was appointed that besides the Law which was anciently read upon the Saturdayes the Gospel should be also read on that day By all which it may seem that the Jewish Sabbath and the Lords day are both to be kept and by some learned men it is hence urged that the sunday doth not succeed the ãâã but wassuperadded to the sabbath But to this I answer 1. That the sabbath was for some time used as a thing indifferent as were some other legal rites in favour of the Jews and that they might be the lesse offended and more easily gained to the Christian Church as S. Paul circumcised timothy and S. Peter abstained from some meats c. not as things necessary but ãâã 2. That though the legal rites were void at ãâã death and then expired yet as S. Augustine saith some time was required for their decent burial 3. That though holy duties were performed in public on the Saturday for many years yet the symbolical and typical rest which was proper to the Jewish sabbath was not allowed or practised in the Church and therefore when some began to ãâã on the Saturday by resting on that day it was forbid by several Councels as that of Laodicea cap. 29. the Councel of Lyons in cap. 1. de consecr d. 3. and the Sabbatarians were generally condemned for Hereticks And therfore the observing of Saturday as a half holy day as it is still in a manner kept in many places with us was not with reference to the Jewish sabbath but for the more honour of the Lords day as a preparative to that great festival and therefore though the Church did allow some publick meetings on that day in the Church yet we never finde that the symbolical rest which is the proper and characteristical difference of the Jewish sabbath from Christian festivals was ever allowed but generally condemned And thus I have done with these observations and positions which I conceived necessary to insert concerning the ãâã to give some light if possible to this so much agitated question submitting all to the judgement of my superiours in the Church and ready to yield to what any judicious and learned man shall upon better reasons propound CHAP. IIII. Reasons of this Commandment 1. Gods liberality in allowing ãâã six dayes and requiring but one for himself 2 The seventh is his own proper day Who are comprehended in the prohibition 1. The Master of the family 2. Children 3. Servants 4. Cattel 5 Srangers The general reasons of this precept 1. Gods rest from the creation Addition 22. Moral reasons sometimes given of a ceremonial precept The reason why a rest and why on this day are different things out of Maimon Abenezra 2. Reason the benefit coming to mankinde by the creation 3. Reason God blessed the seventh day IN the three next verses namely the ninth tenth and eleventh God first explaineth his meaning or gives an explication or further exposition of this Commandment verse 9. 10. and then gives a reason of the Commandment verse 11 why they should yield obedience to it In the explication there is order taken as well concerning works as persons First for works Six dayes shalt thou labour c. verse 9. Secondly for persons Thou and thy son c. verse 10. And again in the same verses there is 1. An Affirmative Six dayes thou shalt labour c. verse 9. and 2. secondly A Negative Thou shalt do no manner of work c. verse 10. Again there is 1. a Permission Six dayes God hath given thee wherein thou mayest labour and do all that thou hast to do 2. And secondly an Opposition or Antithesis But the seventh day he hath reserved to himself Six dayes are thine but the seventh his He hath bestowed six dayes on thee but the seventh he hath reserved to himself In the six dayes thou shalt do all but on the seventh no manner of work Now in the opposition there are two by-reasons included for the main reason is in the 11. verse for in six dayes c. The first is That because God hath dealt so liberally with us as to give us six dayes for our selves and to reserve onely one to himself therefore we should be the more ready to give him that day for by right of Creation we and all ours are the Lords for he made us of nothing and in that regard he might justly challenge ãâã and our service all our dayes and we being but his Creatures could not justly challenge to our selves one day In so much as if it had pleased God to have given us but one day and reserved the other six to himself we should
day consecrate our selves wholly to God Now here will arise some questions Whether the strict Commandment given to the Jews of kindling no fire and consequently of dressing no meat upon the Sabbath be to be observed by us Christians To this we answer Negatively for this was Ceremonial and belonged onely to the Jews For it is a general rule that every moral or eternal dutie of the Law may be performed by all men at all times But they which inhabit under the North-pole as it is well known cannot be without fire one day and to let it go out were to their utter destruction and so they that dwell under the burning Zone under the Equinoctial cannot well keep their meat above one day so that this being Ceremonial the Christian is exempted from the observing of it as being a thing not observable through the whole world though it might have been observed by the Jews and therefore was it a peculiar precept to them onely because they had no obstacle but might have kept it 2. The second question is Whether the six several works formerly prohibited the Jews be absolutely forbidden to Christians as to travail c. For answer to this we will go no further then the Precept it self The Sabbath must be remembred ãâã ãâã ãâã ãâã ãâã Our rest must be ad sanctificandum to sanctifie it the outward rest is destinate sanctificationi to sanctity ideo quiescimus ut sanctificemus we therefore rest because we should sanctifie so that where our rest is not destinata sanctificationi applied to sanctification it is not required and where sanctification cannot be sine quiete without rest there a rest is required Certain it is that a man may rest and not sanctifie so likewise he may sanctifie and not rest and therefore in the first case it is said there are many resters and but few sanctifiers Now sanctification consists either 1. In the means of sanctification Or 2. in declaring our inward sanctification by the practise and works of it in our lives And where the rest is not necessary for one of these or not destinated to them it being a subordinate thing it may be forborn The rule in Logick is tantum destinati sumendum est quantum prodest ad finem we must take so much of that which is appointed for the end as conduceth to the attaining of that end As in the case of Medicine so much is to be taken as will serve to the end for which it is taken Again for the means of sanctification Christ defending his Disciples against the Jews who were altogether urgers of the bodily rest onely sheweth that the rest in regard of the sanctification may be broken as in the Priest in sacrificing that time being the most laborious time for him as it is now the greatest day of labour for our Minister was blamelesse because he was in opere cultus Divini imployed in the work of Gods worship We read also in the Acts of the Apostles of a Sabbath dayes journey and of the like in the Old Testament where the Shunamitish woman coming to her husband for the Asse he saith to her Wherefore wilt thou go to the Prophet to day It is neither new moon nor Sabbath as if the custom had been then to go to the Prophet that day when they had no publick meetings elsewhere So that where publick and lawful assemblies are not a man may take a Sabbath dayes journey to joyn in publick worship with others Thus much for the first part of sanctification But this is lesse acceptable to God then the other part which is the practise of sanctification for this is the end the other but the means and therefore our Saviour being reproved by the Pharisees for a work of healing upon the Sabbath tells them that if they had known what this meaneth which he citeth out of the Prophet ãâã I will have mercy and not sacrifice you would not have condemned the guiltlesse Mercy being indeed a practical work of sanctification and preferred before the means So that in regard of the practise of sanctification a man may leave the very means as to shew a work of mercy As if there should happen a fire or a man or woman to fall into a swoun or a woman to be in travail in time of divine service or sermon we are to leave the means and practise the work in shewing mercy by saving the life or goods of those that need our help and would otherwise have perished for it is a true rule that periculum vitae pellit Sabbatum the danger of life excludes the Sabbath For as God will be glorified on this day for the works of his Creation the memorial whereof was a cause of the institution of this day from the beginning so no lesse is he glorified in the preservation of his creatures We read that our Saviour Christ was careful to save the fragments and commanded them to be taken up and his reason was because he would have nothing lost If not the least much less the life of any thing may be lost and if he be careful of the life of other things how much more then think you is he careful for the life of man He practised himself this work of mercy upon the Sabbath upon the man that was in peril of his life And indeed Necessitas facit legem exlegem Necessity makes law an Outlaw In the Law it is said Thou shalt not see thy brothers Asse or his Ox fall down by the way and hide thy self from them but thou shalt surely help to lift them up again Nay we see in the Law that God himself is not so strict in observing the practise as many now adayes are For in one place where he appointeth the sanctification of the 7 th day Sabbath and prohibits all works yet he hath there a Proviso Save that which every man must eat that may be done of you And in the Gospel our Saviour tells the Jews that they watered their cattel on the Sabbath day But we must take this caution by the way that we use not this liberty according to the flesh nor as a cloak as the Apostles speak and that these works of Mercy in preserving the life of Man and beasts and other of Gods creatures be used presente non imminente necessitate in case of present not imminent necessity As when any present danger appears against my life I am to defend my self for in presenti necessitate quisque Magistratus est quisque personam Dei habet ut potius occidat quam occidatur in urgent and present necessity every one is a Magistrate and representeth the person of God to kill rather then to be killed But if the danger be not present but onely imminent as one tells me there is wait laid to kill me I must then repair to the Magistrate so that for present necessity or peril there is
a second end outward peace and ãâã That as the Apostle speaks we may lead a peaceable and quiet life Hence is the Magistrate called a Pastor or ãâã It is true the Minister is called a Pastor and much ado there is in urging thereupon great and extraordinary pains and diligence in him about his flock but seeing the title is as often or ostener given to the Magistrate it is strange that there should be no such diligence required of him for we finde that the Metaphor is given first of all to the ãâã as to Joseph and David in ãâã and generally to all rulers who are to be set over the people that they be not as sheep without a Shepherd Now this ãâã implies three things required in the Magistrates office 1. To gather and keep the sheep together for their ãâã safety against wolves that they may not stray and to this end to provide them good pasture where they may seed together 2. Because there may be dissention among the sheep and as the Prophet speaks there are fat and lean cattel and the fat do thrust with the side and push the diseased and having fed and drunk themselves do trample the grasse and trouble the water that the lean sheep can neither eat nor drink quietly therefore the shepherd must judge between them I will set up a shepherd over them and ãâã shall feed them even my servant David So that to keep the fat from hurting and oppressing the lean within the fold that all may feed quietly is the second part of the Shepherds office 3. Because there is a wolf without the fold an outward enemy therefore the Shepherd must watch and protect the sheep against the wolf as well as against the great goat that is the third part All these are to be in the Magistrate and they depend ãâã follow upon one another 1. Princes and Rulers must feed the flock and not themselves onely they are ãâã ãâã nourishers of the Church 2. They must procure peace at home by protecting the weak against the strong administring justice equally 3. They must keep out forreign invasion protect them against forreign enemies as appears in the example regis non boni of none of the best kings Saul He takes care ãâã quid sit populo quod fleat that the people have no cause to weep that they be be not di quieted by Nahash the Ammonite c. Thus we see the ends of Magistracie Now for the duties Of the duties of Subjects to their Princes read a learned discourse of the Author in his sermon on Proverbs 24. 21 22 23. Fear God and the king c. as also what Caesars right is which is due from the people on Matth. 22. 21. Give unto Caesar the things that are Caesars c. And for the excellency of Regal government and how great a blessing it is to the Church and what miseries and confusions follow where it is wanting see the Authors sermon on ãâã 17. 6. In those dayes there was no king in Israel c. 1. As there was ãâã in the Ministery by unlawful entrance and intrusion into that calling so is there also in the Magistracy It is said of the people of Laish that they lived carelesse because they had no Magistrate Therefore the Danites fell upon them and slew them and usurped authority over them But to prevent this men are not to take upon them a government ãâã for as our Saviour in the ãâã of the Ministerie said I am the door so in the case of Magistracy he saith Per me Reges regnant by me Kings reign and Princes decree justice If once it come to that which God speaketh by the Prophet Regnaverunt sed non per me they have set up Kings but not by me they have made Princes and I knew it not If once God be not of their counsel and they assume this honour to themselves not being called of God as the Apostle speaks or as the Prophet take to themselves horns that is power by their own strength these are usurpers not lawful Magistrates An example we have of an usurper in Abimelech and of his practises to get a kingdom 1. He hireth lewd and vain persons 2. maketh himself popular and 3. committeth murder even upon his brethren And those that had right to it he either took out of the way or drove away for fear For these are the three practises of usurpers as Jotham tells them in his parable This then is the first duty of a Magistrate to come in by a just and right title not to usurp 2. In the next place being rightly setled in charge by God we must consider the division which S. Peter makes into 1. either ãâã ãâã ãâã ãâã ãâã the king whom he calls ãâã or 2. ãâã ãâã ãâã ãâã ãâã which are under officers appointed by him as Captains in time of war and Judges in time of peace God gives the reason for under officers to Moses Because one man is not able to bear the ãâã alone And the very same reason doth Jethro give to Moses when he advised him to take under officers to help him to judge the people So did Moses to the people when the people were multiplied he confest he was notable to hear all causes himself Now concerning under Officers this rule must be observed that there be no more of them then is necessary that the ãâã of them exceed not so as that they be a burthen and clog to the Common-wealth We see in Nehemiahs time that it was not the supreme Magistrate but the under officers that dealt hardly with the people The more of them the more fees were exacted which becomes gravamen Reipublicae a grievance to the Common-wealth the people cannot bear it and therefore is it neither safe nor stands it with the policy or justice of the ãâã to admit too many of them 1. The peoples duty about the election of the king or supreme Magistrate where he is elective and not by succession must be such as Quem Dominus Deus ãâã elegerit thou shalt choose whom the Lord thy God shall choose According to the same rule must be the ãâã of inferiour officers if the choice be made otherwise it is vitious for the manner but not void Multa tueri non debent quae facta valent Bathsheba urged many reasons to David to declare her son Solomon to be his successor and David nominated him but it seems it was not so much by her perswasion or his own affection but in a solemn assembly of Peers he gives the main reason that as God had formerly chosen himself before all the house of his father to be king over Israel Judah so had God likewise of all his sons chosen Solomon to sit upon the throne of the kingdom And indeed the choosing of a man for his gifts is all
preventing murder and bloodshed forbidden in the sixth Commandment but also by preventing oppression and ãâã that every man may enjoy his own and by restiaining all injuries to any in their estate which is done by this Commandment for we ought ãâã to be ready to part from our own right then to do others injurie And in this regard that we be able to give to Caesar that which is his right Tribute and Custom To the Labourer his hire And lastly the Priest hath a right as appears by the Law by a statute for ever They that sowe to us spiritual things must reap our carnal things 4. Lastly in respect of every private person this law is the fence of his possessions that he may enjoy his own in peace and ãâã the labour of his hands while he lives and when he dies he may dispose of it to his children Before we come to the things forbidden and commanded in this Precept we must first treat of Right and Propriety which is jus ãâã and also of Alienation called by the Lawyers jus ãâã right of transferring of that a man possesses to another Because the distinction of Res alienae nostrae of what belongs to another man and what to us is the ground of the prohibition of this Commandment and the unjust taking and detaining of that which is not our own is the matter of this Commandment comprehended under this word steal and the object of the desire here moderated is ãâã ãâã Mine and thine 1. We must know the meaning of the word furtum stealth The Civil Lawyers define furtum stealth or furari to steal to be rem alienam ãâã to lay hands ãâã on that which is another mans Divines go further and say that it is theft Consentire fraudulosae ãâã ãâã to consent to the fraudulent laying hands on that which is another mans and in the handling of the tenth commandment we shall see that concupiscere rem ãâã est furari even to covet another mans goods is to steal But how cometh it to passe that there is Res mea ãâã mine and thine or a propriety of goods in one and not in another Certainly the earth is ãâã Lords as the Psalmist speaks And the land is mine as he himself tels us And as the land and the earth so every beast of the forrest is his All the World and the Creatures in it are the Lords he is Lord Paramount and withall the ãâã tells us how men came to have propriety in things for after God had made all Caelum Caelorum Domino terram vero dedit ãâã hominum The heaven of heavens is the Lords he reserves that for himself for there his throne is placed but the earth he gave to the children of men so that there God gives over his right to the earth to the sons of men that is he communicates and derives a secondary right to man whereby he is not onely usu fructuarius but also ãâã he hath not onely the use of the world and the things therein but also a right so that he is truely Lord and Owner but yet God hath the original right ãâã in himself he remains Lord Paramount even of what he hath given to the sons of men The earth then God hath given to the Children of men not onely ut replerent terram to replenish it but to ãâã it also and rule over it dominari and over the Creatures that are therein as we see his first Charter made to Adam and after man had forfeited this Charter God renewed it after the flood to Noah and his sons This in the general Now more ãâã for the division of what God had thus given and for the propriety amongst men It is true that if man had continued in innocency there would not have needed any division of the earth every one would have been content with that which had been sufficient for him and none would have been troubled with that unruly appetite and desire of having more and the earth would have been sufficient for all But when sin entred it was then necessary there should be a division and a meum tuum among men And though the first occasion hereof was evil as commonly good Laws arise ex malis moribus from evil customes yet God was pleased with it and approved it Cains persecution of Abel and others was the cause why Seth and the rest that feared God severed themselves from him and his posterity by a publick profession of the worship of God and would not live in common with them The first inclosure of what was formerly common or the first impropriation to particular persons that we read of was that of Cain when he built a City Gen. 4. 17. He chose out a plot of ground and built a City and called it after his sons name This act of his gave occasion to the Fathers and Patriarchs hereby seeing that Cain would else usurp government and power and considering the expediency of it for their peace and safety in well ordering of private possessions to do the like and thus came in propriety before the flood After the flood when all the world was common again and all private interest was destroyed Noah having all the world before him had all jure primae occupationis by right of the first possession or first seizure and his sons from him and whether by Noahs allotment of the chief parts of the world to his three sons Africa to Cham Asia to Sem and Europe to Japhet or whether it were by mutual agreement among themselves its plain they had all by this right of prima occupatio and thus propriety came in presently after the flood Other examples we finde afterward when Terah came out of Ur of the Chaldees with Abraham and Lot c. they came to Haran in Canaan where they dwelt by right of first occupancy and afterwards when Abraham and Lot came out of Egypt into Canaan where they lived together a while in common upon occasion of their herd-mens strife they agreed to part the countrey between them and Lot though he were younger had the choice thus we see how things stood at the first Epictetus sheweth it by a familiar similitude when a dish is brought to the Table before it is cut up it is common to all that sit at the Table but after it is cut up and every man hath taken his share then quam quisque occupavit partem what part soever a man hath taken to himself that is proper to him and not common to the rest so that it were neither justice nor civility to take it off his trencher Thus at the first all the earth was common to mankinde but then by the first occupancy or possession or by consent it came to be divided Omnem locum quem calcaverit pes vestra every place whereon the souls of
people might go home quickly This would be the benefit of quickdispatch As multitude of suits are causes of much falshood and false witnesse so also is the long depending of suits by non-suits dilatory pleas and other shifts to delay justice 3. The Judge may offend if his judgement be as we shewed before in the fifth Commandment 1. Vsurpatum usurped 2. or Temerarium rash and hasty or 3. Perversum perverse and wrong 1. Judgement is usurped if he give judgement in a cause of which he hath no cognizance or upon one over whom he hath no jurisdiction To such may be said what the Apostle saith in another case who art thou that judgest another mans servant to his own Master he stands or falls 2. His judgement is rash either when it is suddainly given in a hard case or before both parties be heard It was a blemish in David by a rash judgement to give away Mephibosheths lands to Ziba and after with much ado to let him have the one half and Ziba the other By the Law both parties were to meet before the Lord before any thing was determined and that Heathen Judge said It was not the custom of the Romans to condemn any before he have his accusers brought face to face and be heard speak for himself Solomon gives the reason He that is first in his own cause seems just but his neighbour cometh and searcheth him Therefore this is one step to rash judgement to give credit to the party that speaks first by this means Ziba so far prevailed that though ãâã prove all the lands to be his yet he must be content with one half 3. He ought not to give perverse judgement but must say All the words of my mouth are righteousnesse there is nothing froward or perverse in them The Law is expresse Thou shalt not pervert judgement Now judgement may be perverted either when the wicked is absolved or accounted just or the just is condemned and accounted wicked both which Solomon saith are abomination The words translated according to the original are He that justifies the unjust or unjustifies the just c. because it is all one in case of justice to affirm a thing to be and to make it so He must not in some cases release the guilty upon any pretence under the Law no satisfaction was to be taken for the life of a murtherer but he must die for blood cannot be cleansed but by blood when God therefore appoints the punishment it is not in the power of the Magistrate to remit it yet in some cases it is left to his Arbitrement but with two conditions 1. That it be expedient or not against the good of the Common-wealth 2. That the party wronged be content with it 2. For the Notaries or Registers The Prophet saith That as some decree wicked decrees that is the Judges so there are some that write grievous things which may be applyed to Registers and a woe is denounced against both for the Register many times makes the record more grievous then the decree which if it go not exactly according to the sentence pronounced it is a false record And to such as do thus it may be said Quando justitia revertitur ad judicium when righteousnesse shall return to judgement when Christ the true righteousnesse shall come to judgement they ãâã answer for it 3. For the Accuser he may be guilty of the breach of this Commandment three wayes 1. ãâã by slandering when he brings a false Accusation as Haman who slandered the Jews that they were not observers of the Kings Laws upon which false accusation the King gave temerarium judicium rash judgement against the Jewes 2. When he accuses any upon uncertain grounds as those that accused S. Paul and alleadged sundry ãâã against him which they could not prove and yet he was still detained ãâã till ãâã proof could be made 3. By prevaricating ãâã when there is collusion used in pleading so that he which accuses pleads faintly against another being reconciled to him underhand It is a Metaphore taken from those that were vari such as had crooked legs bending inward ãâã the knees the feet being ãâã asunder who by wearing long garments down to their feet as was the use of old ãâã some Common-wealths might easily deceive those that looked upon them the garment covering their deformity as if their knees had been as far asunder as their feet Hence those that did contend and strive together in publick and yet were friends privily were called pravaricatores prevaricators thus when a man seems to accuse and yet is friends with him whom he accuses he prevaricates and is a meere mockery of the place of judgement And as the Plantiffe himself so he that is Advocatus Actoris the Advocate for the Plantiffe is guilty in like manner of prevarication when he ãâã the cause of the ãâã whom he represents by weak proofs and grounds We read in Ezra that there were Counsellers about Artaxerxes that made shew of such as would advise him for the publick good whereas they had bin hyred and bribed against the Jews by their enemies to hinder the building of the ãâã which was not for the good of Artaxerxes and so he that is to represent another and is to advise for his good and yet is corrupted to do the contrary is ãâã to be blamed for prevaricating 4. For the ãâã or the party accused he may be guilty three wayes 1. If being demanded or required to answer in due form of law he use excuses or ãâã to avoid the matter objected against him though it be true or which is as old if he seek to excuse ãâã by accusing others This was Adams fault tergiversari to use tergiversation The question was whether he had eaten or no he makes no direct answer but layes the fault upon the Woman The woman which thou gavest me she geve me of the fruit c. Job therefore makes it part of his ãâã that he had not hid his sin as Adam did concealing iniquity in his bosom Being lawfully commanded therefore to answer in matters where there is publick fame and probable ground precedent we must answer for we must not adde ãâã evil to another to be evil is evil and to seem good when a man is evil is evil also and therefore he that being evil would seem good by ãâã the truth addes one evil to another But yet a man is not bound to accuse himself when he is not lawfully proceeded against nor before a competent Judge when the High Priest interrogated Christ concerning his doctrine he bids him ask those that heard him If any could accuse him let him come forth but he would not accuse himself and when