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A52110 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 ... Martin, John, 1619-1693. 1664 (1664) Wing M843; ESTC R31215 24,813 40

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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 ●● 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