Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	gain_v	jew_n	weak_a	10,116	5	11.7630	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A30985	Several miscellaneous and weighty cases of conscience learnedly and judiciously resolved / by the Right Reverend Father in God, Dr. Thomas Barlow ...	Barlow, Thomas, 1607-1691.	1692 (1692)	Wing B843; ESTC R21506	129,842	472

Jus Gladii Nor is there any Law in the Gospel which so much as mentions much less prohibits the Civil Supreme Magistrate to pardon condemn'd Malefactors 2. For the Mosaical Laws Ceremonial and Judicial they were such as were given by God himself for the good Government of the Jewish Common-wealth Now concerning these Laws it is certain 1. That they were given only to the Jews as is confess'd and fully proved by the Schoolmen and Casuists 2. It is certain that no positive Law Divine or humane does or can bind any save those to whom it is given and sufficiently promulgated and made known A sufficient Promulgation is absolutely necessary to the Obligation of any positive Law 3. And hence it follows that those Mosaical Laws never bound the Gentiles before our blessed Saviour's time much less Christians since as will anon appear And therefore if that Law in Numb 35. 31. but now mention'd or any other Mosaical Law had absolutely forbid and made the pardoning of Murder unlawful to the Jews yet it will not hence follow that it should be by that Law unlawful for Gentiles or Christians to pardon it seeing it is manifest that those Mosaical Laws were never given to nor any way obliged them For the Transgression of any Law does necessarily presuppose its Obligation It being impossible I should transgress a Law which never bound me to Obedience 4. The obligation of the Ceremonial Laws ceased even to the Jews to whom they were given at the death of our Blessed Saviour They were Types and Shadows of his Death and our Redemption by him and when the Substance and thing typified by them was come the Shadows ceased Whence it is that Divines both Ancient and Modern truly say That at our Blessed Saviours Death the Jewish Ceremonial Law was Mortua as to its obligation it was abrogated and the observation of it not necessary tho for some time to gain the Jews even the Apostles did voluntarily observe it But when the Gospel was more fully published it became Mortifera and the observation of it inconsistent with the Gospel 5. For the Judicial Law of the Jews it is certain that the Obligation of it ceas'd at least at the destruction of Jerusalem when the Jewish Government and their Commonwealth was utterly destroy'd 6. And hence it evidently follows that all those Mosaical Laws Judicial and Ceremonial have been abrogated and null and have neither bound Jew or Gentile above this 1600 years last past and therefore it is impossible that any of them should now bind any Christian Supreme Power not to pardon any condemned malefactor And what is said of the Judicial and Ceremonial Laws given to the Jews by Moses that none of them ever did or could bind any Gentiles or Christians the same we say of the Moral Law as to punishing or pardoning Murderers that it never prohibited Supreme Princes to reprive or pardon any person condemned for Murder That this may appear it must be considered that there are two Editions of the Moral Law both writ by the Omnipotent and Gracious Author of it by God himself 1. In the heart of Adam where it was most intirely and perfectly writ His Understanding being clear and abundantly able to know and distinguish good from evil quid faciendum quid fugiendum and his will obsequious to follow those dictates of right Reason But by the fall of Adam this Writing and perfect Edition of the Moral Law was much blotted corrupted and defac'd both in Adam and all his Posterity For although the substance of that Law did after the fall continue writ in their nearts yet so defac'd by the Fall that ignorance having blinded the Under standing it was in many places not legible nor sin having corrupted the will practicable 2. The second Edition of the Moral Law in respect of the writing of it which remain'd in the hearts of men after the fall was multo auctior emendatior And this Edition of the Moral Law is that which God by Moses gave only to his own Church and People the Jews In which he gave them 1. A just and perfect Compendium of that whole Law in two Tables of Stone containing Ten Precepts 2. A full and more perfect explication of those Precepts and the particular duties required by them 3. An addition of many Gracious promises and blessings to those who sincerely observ'd those Laws and many threats and punishments for those who transgress'd any of those Laws This Edition of the Moral Law with the many promises and punishments annext was as I said given only to the Jews not to the Gentiles And this appears by that memorable passage in St. Paul wherein he tells the Romans in these words The Gentiles which HAVE NOT THE LAW do BY NATURE These HAVING NOT THE LAW are a law to themselves which shews the work of the Law WRITTEN IN THEIR HEARTS In which words we have the two Editions of the Moral Law afore mentioned expresly set down and that the Gentiles had only the first Edition and that the second and more perfect Edition was given only to the Jews For the Apostle says 1. That the Gentiles HAD NOT THE LAW to wit as it was Lex scripta in Lapide and given to the Jews with the Addition of many Promises and many several punishments annext to the transgressions of particular Precepts 2. That the Gentiles HAD THE LAW writ IN CORDE for so all men by nature had it And 't is the Moral Law he means for no positive Law of God or man is by nature writ in any mans heart Now what is said in the second and more perfect Edition of the Moral Law as it was given by Moses only to the Jews is either 1. De Officiis 2. Or de poenis promissis I. De Officiis quid faciendum aut fugiendum What good we are to do in obedience to the Affirmative Precepts As in that Remember the Sabbath-day to keep it holy Honour thy Father and Mother c. And what evil we are to avoid in obedience to the Negative Precepts such as these Thou shalt not kill Thou shalt not commit Adultery c. In short the sum of all those Duties which the Moral Law requires of us is this That we love God with all our heart and our neighbour as our selves Now as to all these duties the obligation of the Moral Law is Universal Eternal and Indispensable It binds all men Jews and Gentiles and that indispensably 2. De promissis poenis concerning the Promises and punishments which are annext to the Moral Law as it was given to the Jews by Moses And here I. For the Promises it is certain that they were given only to the Jews For the Apostle expresly tells us That the Gentiles were aliens and strangers to the promises For instance the promise added to the fifth Commandment Honour thy Father and thy Mother that thy days may be long in the land

that Archbishop nor the Pope himself though the Jesuites and some Canonists be of the contrary opinion pretend to be infallible And once more as the definitive Sentence of any Popish Archbishop or of the Pope himself in his Consistory or in a general Counsel can be no good President or just ground to warrant any Protestant Judge or Court to judge accordingly or any legall Barr or Let to hinder them to give a contrary Sentence so sure I am that no such Sentence given by such Persons and Judges in any of their Courts Consistories or Counsells can be a sufficient ground for Mr. Cottington to relie upon to give stisfaction and quiet to his Conscience so as to secure him that he may safely and without sin Co-habit with Gallina as with his Lawfull Wife only because they have pronounced her Marriage with Patrimoniale to be a Nullity For besides that he has many Reasons if they may be heard as in Law and Conscience they ought Reg. Nullus 20. de Reg. Juris in 6. to suspect and deny that Sentence and to believe it illegall and injust The thing is evident because definitive Sentences given not only in Inferiour but in Superiour Courts and General Councils are so far from giving satisfaction to Protestants or Papists or quieting their Consciences in a belief of what is in such Sentences judicially defin'd that in many things they actually dissent and confidently deny such Definitions so it was the Definitive Sentence of a Popish Convocation and Parliament in the time of Hen. 8. that the King was Supreme over all Persons and in all Causes Ecclesiastical and Temporal and that the Pope had no power in England yet the Sentence of those two great Courts each Supreme in its kind give little satisfaction to our Papists now who absolutely deny such Supremacy So the Convocation and Parliament in the beginning of Queen Mary's Reign by their definitive Sentence Establish Popery here in England which gave as little satisfaction to Protestants who did both believe and know that the Religion Established was Erroneous and therefore the Establishment by the Law of God and the Gospel unwarrantable and unjust In short the adequate and only rule of Conscience which can satisfie and quiet it and on which it may securely relie for sure Directions is the will of God made known to us lumine naturae aut scripturae by natural Reason or Divine Revelation in Scripture For what ever can be made appear to us by clear and convincing Reason grounded on Nature or Scripture de faciendâ aut fugiendâ this may and will satisfie and secure our Conscience so that we may innocently act accordingly but otherwise no Sentence of any Man or Court Ecclesiastical or Temporal can do it unless the Reasons of such Sentence be and appear to be sufficient And this brings me to the second Medium express'd in the Case to shew the Marriage of Patrimoniale and Gallina to be a Nullity The reason alledged in the Case as the ground of the Archbishop of Turin's Sentence and of the Nullity of the said Marriage is this That Gallina was under a Force and Fear caus'd by her Father by reason whereof her consent was not voluntary as by Law it ought to be and therefore the Matrimonial contract for want of such a voluntary and free consent invalid and a Nullity But thisreason is too weak and altogether insufficient To be a just ground either first of the aforesaid Sentence of Nullity or secondly to secure and quiet the Conscience of Mr. Cottington it he obey'd that Sentence and should Co-habit with Gallina as may appear if we consider 1. That 't is the avow'd Judgment of a Person Eminent for his great knowledge of all Learning especially of the Laws that no Fear how great soever humane Constitutions secluded does make the actions which proceed from it Involuntary so as to hinder their Obligation and Validity For he who promises any thing for fear which otherwise he would not have done is yet oblig'd to make good his promise 2. His reason is because he or she who consents and promises any thing for fear does indeed and actually consent and promise and that absolutely and not upon any condition This he further proves by the Authority and an instance of Aristotle who saies That he who in a Storm at Sea casts his Goods over Board would be willing to save them on this Condition if he might escape Shipwrack but in those Circumstances and Danger he is then in he is absolutely willing to loose them and cast them into the Sea Nor is it Aristotle only and Grotius who say this but all the Scholiasts and Commentators on Aristotle both Greek and Latine which I have yet seen say the same thing And then if the Authority and Judgment of so many and so learned Men be valuable as no doubt it is fear as is pretended does not make those Actions whose Principle it is involuntary and the truth of this is further and beyond dispute evident 3. Because Fear is the Principle which makes such Actions voluntary and the Person under such fear willing to produce them For t is evident that there is nothing which makes a Man in a Storm willing to cast his Goods into the Sea but the fear to loose his Ship and his Life if he do not so Nay secondly so far is fear from making our actions Involuntary that the greater the fear is they are by it made more voluntary for no Man before he was in fear was ever willing to cast his Goods into the Sea but after the Storm and his Danger and so his fear begun his willingness to loose his Goods and save himself begun too and as the Danger and his Fear increased so proportionably his willingness to cast away his Goods and when his Danger and Fear are come to the height then and not till then he is absolutely willing to cast them into the Sea and makes hast to put that will in Execution being as really desirous and willing to loose his Goods as by so doing to save his Ship and himself so that if fear made our actions Involuntary then the more the fear was they would be more Involuntary whereas the contrary is evident that as our fear increaseth so our willingness to do those actions which procede from it 4. The fear and force Gallina pretends to make her contract with Patrimoniale a Nullity was from her own Father It is pretended her Father forc'd her to consent whence it appears that she had her Father's consent and command to marry him and may be many and severe Threatnings too if she did not Marry him Whether this was so or not I know not but if it was so yet this neither did nor by any Law of God or Man could make her Matrimonial contract a Nullity First That any Law of God Natural or Positive should make the consent command or threatnings