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 ...
— 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 that man that will do presumptuously, and will not harken unto the Priest (that Stands to minister there before the Lord thy God) or unto the Judges; even that man shall die,
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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;
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;
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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, per modum causae praecipientis & obligantis, says a Lessius: as flowing from a cause, commanding and obliging to the exercise of such Acts.
The Scripture by a Metonymy calls them Judgments, Because they Are such Laws as God himself appointed unto the jews, to be dispensed out in Acts of Legal justice; for Judgement is the Act of Justice in particular cases, 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,
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 informed them,
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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.
how to demean themselves towards Strangers. And a fourth kind directed them in the Domestic duties of their private Families. The Division duly considered, shows the excellency of the Jewish Policy, in that the body of their Laws extended to all the Eminent parts, and order of Society.
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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;
The Obligation of these Laws (as Delivered by Moses) is by Divines usually affirmed, not to reach unto us Christians: the reason is, Because they Are Positive Laws;
But forasmuch as that same is an undoubted truth which Tertullian speaks in his book of Single marriage, [ qua adjustitiam spectant, non tantùm reservata permaneant, verùm & ampliata;
But forasmuch as that same is an undoubted truth which Tertullian speaks in his book of Single marriage, [ qua adjustitiam spectant, non tantùm reservata permaneant, verùm & ampliata;
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] Christians are not only bound to equal, but to exceed, all others in matters of justice and honesty, (agreeable to our Saviours [ NONLATINALPHABET ] in Mat. 5.17.)
] Christians Are not only bound to equal, but to exceed, all Others in matters of Justice and honesty, (agreeable to our Saviors [ ] in Mathew 5.17.)
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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,
And being these Laws have ever been had in great veneration in the Church of christ, wise and virtuous Princes having made them their Pattern for Laws,
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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,
First, that many of these Judicial Laws Are Conclusions, evidently deduced from the Law of Nature; and Are very apposit and suitable to Ecclesiastical and Civil Government,
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Secondly, that for that reason, such of them as shall be by Supreme Authority judg'd fit, may be assum'd, either among the NONLATINALPHABET, (as Antiochenus styles them) the Divine Canons of the Church, or the Decreta Comitiorum (as we term them) the Statute-laws of Civil Government.
Secondly, that for that reason, such of them as shall be by Supreme authority judged fit, may be assumed, either among the, (as Antiochenus styles them) the Divine Canonas 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 [ leges partim declarativae, & partim constitutivae ] laws partly declarative, and partly constitutive: declarative, in respect of the matter of them,
And Thirdly, that such of them as shall be so reinvested with the force of Law, will be reducible to that kind of Laws, which Some Divines have rightly styled [ leges Partim declarativae, & Partim constitutivae ] laws partly declarative, and partly constitutive: declarative, in respect of the matter of them,
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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.
The Obligation of which Laws, that it is in the conscience of the Subject (and by consequence a since not to obey) no man without affronting Nature and Religion can deny.
In the prosecution of these, I shall crave leave to follow the Counsel of Epicurus in Laertius [ NONLATINALPHABET, ] not to present you with the Flowers of Rhetorick; to be more careful to garnish the Dish, than to season the meat; especially for such an Auditory, whose parts and callings must needs furnish them with abilities, to concoct far more solid matter and learning than can be expected from my very Ordinary skill and capacity.
In the prosecution of these, I shall crave leave to follow the Counsel of Epicurus in Laertius [, ] not to present you with the Flowers of Rhetoric; to be more careful to garnish the Dish, than to season the meat; especially for such an Auditory, whose parts and callings must needs furnish them with abilities, to concoct Far more solid matter and learning than can be expected from my very Ordinary skill and capacity.
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And here if my Obligation to discourse of this particular Law, would permit me to speak of Laws in general, amongst many other things, that might be said, I should not omit to take notice of the opinion the Heathens themselves had of the Sacredness, and of the Necessity of Laws.
And Here if my Obligation to discourse of this particular Law, would permit me to speak of Laws in general, among many other things, that might be said, I should not omit to take notice of the opinion the heathens themselves had of the Sacredness, and of the Necessity of Laws.
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Of the Sacredness of Laws, in that the prime Heathen Lawgivers endeavoured to perswade the people that their Laws were of Divine extraction; Amongst the Greeks, Minos feign'd to have receiv'd his Laws from Jupiter; Lycurgus, his from Apollo; and Zaleuchus, his from Minerva; as Clemens Alexandrinus tells us:
Of the Sacredness of Laws, in that the prime Heathen Lawgivers endeavoured to persuade the people that their Laws were of Divine extraction; among the Greeks, Minos feigned to have received his Laws from Jupiter; Lycurgus, his from Apollo; and Zaleuchus, his from Minerva; as Clemens Alexandrian tells us:
Foreseeing belike the importance of that truth, the Historian acutely observes, as the reason why the Persians were wont to deify their Kings; Majestatem imperii salutis esse tutelam;
Foreseeing belike the importance of that truth, the Historian acutely observes, as the reason why the Persians were wont to deify their Kings; Majestatem imperii Salutis esse tutelam;
their opinion of the Necessity of Laws is inferr'd from their conceit, that Phoroneus, whom they fancied to be the first Lawgiver, was likewise the first man; NONLATINALPHABET,
their opinion of the Necessity of Laws is inferred from their conceit, that Phoroneus, whom they fancied to be the First Lawgiver, was likewise the First man;,
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& NONLATINALPHABET, (as Nonnus calls him) as if all that lived before him had not been men for want of Laws; (what think you would they have thought of them, who will not live like men under just Law?)
&, (as Nonnus calls him) as if all that lived before him had not been men for want of Laws; (what think you would they have Thought of them, who will not live like men under just Law?)
But the due regard of method having confin'd me within narrower bounds, I shall in as few words as conveniently I may, endeavour fully to explain this Law, by insisting on these four particulars,
But the due regard of method having confined me within narrower bounds, I shall in as few words as conveniently I may, endeavour Fully to explain this Law, by insisting on these four particulars,
or integrant parts of Law. 1. Interdictum. 2. Censura. 3. Sanctio. 4. Ratio finalis legis. The 1. Interdict. 2. Censure. 3. Sanction, and 4. Final Reason of this Law.
or integrant parts of Law. 1. Interdictum. 2. Censure. 3. Sanction. 4. Ratio finalis Legis. The 1. Interdict. 2. Censure. 3. Sanction, and 4. Final Reason of this Law.
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1. The Interdict of this Law is this, That if it hapned, either through the ambiguity of words, or exception of cases, that there arose any doubt of the extent, or meaning of any Judicial, or Ceremonial Law, in inferiour or local Courts of Judicature, the Question was to be brought before the great Sanhedrin, or Council of Jerusalem: and there a definitive Sentence being made, all both Judges and Litigants were bound under pain of death, not to reject and contradict the same;
1. The Interdict of this Law is this, That if it happened, either through the ambiguity of words, or exception of cases, that there arose any doubt of the extent, or meaning of any Judicial, or Ceremonial Law, in inferior or local Courts of Judicature, the Question was to be brought before the great Sanhedrin, or Council of Jerusalem: and there a definitive Sentence being made, all both Judges and Litigants were bound under pain of death, not to reject and contradict the same;
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To make this more plain, we will suppose a Case that may be easily conceived to arise, out of the Law of their NONLATINALPHABET, or second Tithing, Deut. 14.22. The words of the Law are these, [ Thou shalt truly tithe all the increase of thy seed, that thy field bringeth forth year by year.
To make this more plain, we will suppose a Case that may be Easily conceived to arise, out of the Law of their, or second Tithing, Deuteronomy 14.22. The words of the Law Are these, [ Thou shalt truly tithe all the increase of thy seed, that thy field brings forth year by year.
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] Upon this Law it might be doubted, whether by a direct consequence drawn from this Law, the Jews were not bound to pay unto the Levites, in their first tithing, the tenths of all such things as grew in their Gardens. The reasons of which doubt may be,
] Upon this Law it might be doubted, whither by a Direct consequence drawn from this Law, the jews were not bound to pay unto the Levites, in their First tithing, the tenths of all such things as grew in their Gardens. The Reasons of which doubt may be,
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First, for that prudent men might conceive, that the Law intended no more, but a fit maintenance for the Priests and Levites; unto which such small things would but little conduce;
First, for that prudent men might conceive, that the Law intended no more, but a fit maintenance for the Priests and Levites; unto which such small things would but little conduce;
because by the uncertainty of their estimation, they might raise contentions betwixt the Priests and the People; or occasion unnecessary scruples in mens consciences,
Because by the uncertainty of their estimation, they might raise contentions betwixt the Priests and the People; or occasion unnecessary scruples in men's Consciences,
Now if the great Sanhedrin at Jerusalem should determine, that the Jews were bound to pay Tithes of those minute things which grew in their Gardens, the People were oblig'd by virtue of this Law in the Text, to submit their practise unto that Decree; and if upon pretence of error therein, some NONLATINALPHABET some contumacious Doctor (as the Jews call'd him) the same with the NONLATINALPHABET, in the Apostles Canons, should factiously oppose the same, such a one was (by this Law) to be put to death.
Now if the great Sanhedrin At Jerusalem should determine, that the jews were bound to pay Tithes of those minute things which grew in their Gardens, the People were obliged by virtue of this Law in the Text, to submit their practice unto that decree; and if upon pretence of error therein, Some Some contumacious Doctor (as the jews called him) the same with the, in the Apostles Canonas, should factiously oppose the same, such a one was (by this Law) to be put to death.
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This Council at Jerusalem was the same with that the Text styles [ the Priest, or the Judge ] for in the ancient state of that Government (as Philo and Josephus tell us) NONLATINALPHABET, the Priests had the hearing and determining of all controversies, in the ordinary way of Judicature; which course (as Eusebius notes) was observed among them, (though not without some mixture of the Laity ) till the reign of Herod the Great: in whose time the Scepter being about to depart from Judah, (the authority whereof had been till then preserved in this Sanhedrin, and the Assamonaei; and Baronius in his Apparatus shews you how) Herod, I say, upon reasons of State slew them all but one, and substituted a Council of Proselytes in their stead.
This Council At Jerusalem was the same with that the Text styles [ the Priest, or the Judge ] for in the ancient state of that Government (as Philo and Josephus tell us), the Priests had the hearing and determining of all controversies, in the ordinary Way of Judicature; which course (as Eusebius notes) was observed among them, (though not without Some mixture of the Laity) till the Reign of Herod the Great: in whose time the Sceptre being about to depart from Judah, (the Authority whereof had been till then preserved in this Sanhedrin, and the Assamonaei; and Baronius in his Apparatus shows you how) Herod, I say, upon Reasons of State slew them all but one, and substituted a Council of Proselytes in their stead.
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or had too much conferr'd upon them, by this honour of Judicature; it was no more than the Heathen-world bestowed upon their ignorant and Idolatrous Priests;
or had too much conferred upon them, by this honour of Judicature; it was no more than the Heathen world bestowed upon their ignorant and Idolatrous Priests;
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for the Ethiopians, Strabo; for the Aegyptians, Aelian; for the Persians, Eusebius; for the Athenians, Josephus; for the Gauls and Britains, Caesar; for the Romans, Cicero, are authentick witnesses.
for the Ethiopians, Strabo; for the egyptians, Aelian; for the Persians, Eusebius; for the Athenians, Josephus; for the Gauls and Britains, Caesar; for the Roman, Cicero, Are authentic Witnesses.
by which every Priest was accounted Thani rectitudine dignus, as appears by the Laws of King Ethelstan; (a respect, which I shall neither arrogantly, nor unseasonably communicate unto vulgar ears.) The reason whereof is not only that which our learned Antiquarie gives us in his English Councils [ Quippe sub his saeculis apud ipsos solum esset literarum clavis, &c. ] because the learning of that age was wholly ignorss'd by some of the Clergy; the Priest being the Oracle of the People, as the Bishops were of the King and Kingdom: but there is another, and (perhaps) a stronger reason to be collected out of those words, in one of King Edwards Laws [ & gladius gladium juvabit ] from the reciprocate assistances of the temporal and spiritual swords:
by which every Priest was accounted Thani Rectitude Dignus, as appears by the Laws of King Ethelstan; (a respect, which I shall neither arrogantly, nor unseasonably communicate unto Vulgar ears.) The reason whereof is not only that which our learned Antiquary gives us in his English Councils [ Quip sub his saeculis apud ipsos solum esset Literarum clavis, etc. ] Because the learning of that age was wholly ignorssed by Some of the Clergy; the Priest being the Oracle of the People, as the Bishops were of the King and Kingdom: but there is Another, and (perhaps) a Stronger reason to be collected out of those words, in one of King Edwards Laws [ & gladius Gladium juvabit ] from the reciprocate assistances of the temporal and spiritual swords:
Christians then believing, that there was as much credit to be given unto those, as to any other words of our Saviour, Mat. 18.18. [ Whatsoever ye shall bind on earth shall be bound in Heaven, and whatsoever ye shall loose on Earth shall be loosed in Heaven.
Christians then believing, that there was as much credit to be given unto those, as to any other words of our Saviour, Mathew 18.18. [ Whatsoever you shall bind on earth shall be bound in Heaven, and whatsoever you shall lose on Earth shall be loosed in Heaven.
] But this honour and power, together with the immunities of the Church, sub Normannicis Regibus nutare coepit, says that Author; and in the Council of Clarendon under Henry the second, they received a grievous wound: which hath more or less continued bleeding ever since:
] But this honour and power, together with the immunities of the Church, sub Normannicis Regibus nutare Coepit, Says that Author; and in the Council of Clarendon under Henry the second, they received a grievous wound: which hath more or less continued bleeding ever since:
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and tis to be fear'd would have done so, till the spirits of all Ecclesiastical Jurisdiction had been clean exhausted, if Experience (which is sometimes the Mistress of wise men, as well as of fools ) had not bound up the wound with a probatum est, No Bishop, No King.
and this to be feared would have done so, till the spirits of all Ecclesiastical Jurisdiction had been clean exhausted, if Experience (which is sometime the Mistress of wise men, as well as of Fools) had not bound up the wound with a probatum est, No Bishop, No King.
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I speak not this, as if I thought it either convenient, or necessary, that the Clergy should concern themselves in matters of civil Judicature: (Pity it were that so active and learned a Gentry as this Nation is wont to produce, should betwixt doing nothing, and doing ill (which would be the certain consequent of that other design) degenerate from the worth and lustre of their Ancestors! ) that NONLATINALPHABET or power of self-Government, which the Primitive Church did exercise (and for which, some men of late did so much struggle and contend, ) though it cannot be denied to be lawful, yet was it cumbersome, and in many cases uneffectual.
I speak not this, as if I Thought it either convenient, or necessary, that the Clergy should concern themselves in matters of civil Judicature: (Pity it were that so active and learned a Gentry as this nation is wont to produce, should betwixt doing nothing, and doing ill (which would be the certain consequent of that other Design) degenerate from the worth and lustre of their Ancestors!) that or power of self-Government, which the Primitive Church did exercise (and for which, Some men of late did so much struggle and contend,) though it cannot be denied to be lawful, yet was it cumbersome, and in many cases uneffectual.
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It could not stand with the Reputation of the Church of Christ to make appeals unto the Heathen Emperors, as the Council of Antioch was fain to do, under the affronts they received from Samosatenus the Heretick, after they had deprived him.
It could not stand with the Reputation of the Church of christ to make appeals unto the Heathen Emperor's, as the Council of Antioch was fain to do, under the affronts they received from Samosatene the Heretic, After they had deprived him.
Nor have the Popes themselves been wholly exempt from the like exigents, as appears by one instance for all, by the supplicatory Epistle of Pope, Boniface to the Emperor Honorius; in the case of Schism, between the Popes themselves.
Nor have the Popes themselves been wholly exempt from the like exigents, as appears by one instance for all, by the supplicatory Epistle of Pope, Boniface to the Emperor Honorius; in the case of Schism, between the Popes themselves.
The sober and learned Clergy of this Church must needs know, that the Spiritual Jurisdiction stands in need of the temporal power: and that the Miter is only safe, under the shadow of the Crown. Happy then it is for us, that Ecclesiastical Dominion can derive it self into the same fountain from whence descends the temporal authority: and that (like Righteousness and Peace ) the two Jurisdictions, can kiss each other in the Arms of Soveraignty: that among us, 'tis all one to be our King, and to be the Defender of the Faith: that the Sword is joyn'd to the Word, and the Judge to the Priest.
The Sobrium and learned Clergy of this Church must needs know, that the Spiritual Jurisdiction Stands in need of the temporal power: and that the Miter is only safe, under the shadow of the Crown. Happy then it is for us, that Ecclesiastical Dominion can derive it self into the same fountain from whence descends the temporal Authority: and that (like Righteousness and Peace) the two Jurisdictions, can kiss each other in the Arms of Sovereignty: that among us, it's all one to be our King, and to be the Defender of the Faith: that the Sword is joined to the Word, and the Judge to the Priest.
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so will it prove a terrible Omen, to such as despise Dominion, and leave their heady practises to the Censure of just Laws, which are the true Standard whereby to measure the crimes of Offenders; and not the Opinions of Ignorant and prejudicate men;
so will it prove a terrible Omen, to such as despise Dominion, and leave their heady practises to the Censure of just Laws, which Are the true Standard whereby to measure the crimes of Offenders; and not the Opinions of Ignorant and prejudicate men;
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2. Such hath been the policy of Satan, that taking advantage of the ignorance, prejudice, interest, and vices of men, he hath sent some sins up and down the world like spies, with false names, that might not cause men to distrust and avoyd them;
2. Such hath been the policy of Satan, that taking advantage of the ignorance, prejudice, Interest, and vices of men, he hath sent Some Sins up and down the world like spies, with false names, that might not cause men to distrust and avoid them;
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they were not only carnal but spiritual wickednesses, which have wandered about in this disguise, compassing the world like him whose emissaries they are:
they were not only carnal but spiritual Wickednesses, which have wandered about in this disguise, compassing the world like him whose emissaries they Are:
stellicidia mellis de Lebacunculo venenato, as Tertullian speaks, the Devil having poysoned the Limbecks from whence men hoped to have suckt most soveraign Elixars: and dealt with the world as Praxiteles the Statuary in Posidippus did with the foolish Heathen, made his own Darlings to be worshipt by mens fancies, instead of a Deity.
stellicidia mellis de Lebacunculo venenato, as Tertullian speaks, the devil having poisoned the Limbecks from whence men hoped to have sucked most sovereign Elixars: and dealt with the world as Praxiteles the Statuary in Posidippus did with the foolish Heathen, made his own Darlings to be worshipped by men's fancies, instead of a Deity.
so are the sins of men exactly recorded by Him in his Doomsday-book, at the approach of those everlasting burnings. Drunkenness will not then be called good fellowshp;
so Are the Sins of men exactly recorded by Him in his Doomsday-book, At the approach of those everlasting burnings. drunkenness will not then be called good fellowshp;
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nor uncleanness a trick of youth; nor cheating a trick of wit; nor pride, decency, nor oppression, self-preservation; nor Rebellion, honesty; nor faction, Godliness;
nor uncleanness a trick of youth; nor cheating a trick of wit; nor pride, decency, nor oppression, self-preservation; nor Rebellion, honesty; nor faction, Godliness;
How light soever it may seem to some in these days to reject the just commands of our Lawful Superiours in Church and State, yet ab initio non fuit sic:
How Light soever it may seem to Some in these days to reject the just commands of our Lawful Superiors in Church and State, yet ab initio non fuit sic:
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and how it came to pass, that that which was so g•ievous a crime among the Jews (Gods own people too) should be transform'd into an heroick Virtue among Christians, will want some Oedipus to unty the knot.
and how it Come to pass, that that which was so g•ievous a crime among the jews (God's own people too) should be transformed into an heroic Virtue among Christians, will want Some Oedipus to untie the knot.
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The Scripture it self bears witness of the hainousness of this Sin, allotting it a place among sins of the first magnitude, sins of presumption: [ Qui autem superbierit nolens obedire ] So the vulgar reads the Text,
The Scripture it self bears witness of the heinousness of this since, allotting it a place among Sins of the First magnitude, Sins of presumption: [ Qui autem superbierit nolens Obedire ] So the Vulgar reads the Text,
and so peccare ex contemptu, est peccare ex voluntate non se subjiciendi alteri, to be guilty of the sin of contempt is wilfully to refuse to submit our selves to them that have a just and lawful authority over us.
and so Peccare ex contemptu, est Peccare ex voluntate non se subjiciendi Alteri, to be guilty of the since of contempt is wilfully to refuse to submit our selves to them that have a just and lawful Authority over us.
This sin is first brooded and hatcht in the understanding; when that person, or his authority to whom we ought to submit, is less esteem'd than he, or that ought to be:
This since is First brooded and hatched in the understanding; when that person, or his Authority to whom we ought to submit, is less esteemed than he, or that ought to be:
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next it descends into the inward affections and passions of the mind; and there grows and strengthens it self, from a desire and contrivance of opportunities to express it,
next it descends into the inward affections and passion of the mind; and there grows and strengthens it self, from a desire and contrivance of opportunities to express it,
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and lastly, it comes out, and shews it self to be a fiery flying Serpent, ready fledg'd and prepared for action; and discovers as much by Overt acts, as the Law calls them;
and lastly, it comes out, and shows it self to be a fiery flying Serpent, ready fledged and prepared for actium; and discovers as much by Overt acts, as the Law calls them;
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as the mind wherewith it is done, that gives unto this sin its true estimate and size. When God made Saul King, there were some that brought him no presents, 1 Sam. 10. the Exchequer 'tis like complain'd not for want of them;
as the mind wherewith it is done, that gives unto this sin its true estimate and size. When God made Saul King, there were Some that brought him no presents, 1 Sam. 10. the Exchequer it's like complained not for want of them;
he did it NONLATINALPHABET too, out of presumption, and so fell under their NONLATINALPHABET their judicium animarum (as the Jews call'd it) for he that despis'd Moses Law was to die without Mercy, as the Apostle tells us, Heb. 10.28. and tis the Sanction of this Law [ even that man shall die ] which is our third particular.
he did it too, out of presumption, and so fell under their their judicium animarum (as the jews called it) for he that despised Moses Law was to die without Mercy, as the Apostle tells us, Hebrew 10.28. and this the Sanction of this Law [ even that man shall die ] which is our third particular.
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the first is NONLATINALPHABET, Obedience; the second is NONLATINALPHABET, Subjection: the former we commonly style active, the later, passive obedience:
the First is, obedience; the second is, Subjection: the former we commonly style active, the later, passive Obedience:
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The first Positive Law that ever was made in the world had these two, the directive and coercive parts. Gen. 2.17. [ Of the Tree of the knowledge of good and evil thou shalt not eat ] there's the directive part:
The First Positive Law that ever was made in the world had these two, the directive and coercive parts. Gen. 2.17. [ Of the Tree of the knowledge of good and evil thou shalt not eat ] there's the directive part:
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the Understanding, and the Will: the Understanding is the Card and Compass, the Will holds the Rudder, and steers the course of mens actions: that directs, this executes.
the Understanding, and the Will: the Understanding is the Carded and Compass, the Will holds the Rudder, and steers the course of men's actions: that directs, this executes.
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NONLATINALPHABET, &c. as Origen truly speaks, and with him two great Fathers of the Church in his Philocalia: and St. Cyril of Alexandria, of as good authority as any, says as much in his sixth Book de Adoratione in Spiritu & veritate.
, etc. as Origen truly speaks, and with him two great Father's of the Church in his Philocalia: and Saint Cyril of Alexandria, of as good Authority as any, Says as much in his sixth Book the Adoration in Spiritu & veritate.
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If this were not true, with Reverence to your Lordships be it spoken, you would return from your Circuit with sins upon your consciences, of the same colour with your Robes; I mean sins of bloud, Scarlet sins, as the Prophet calls them:
If this were not true, with reverence to your Lordship's be it spoken, you would return from your Circuit with Sins upon your Consciences, of the same colour with your Robes; I mean Sins of blood, Scarlet Sins, as the Prophet calls them:
that some Phanatiques in the close of the late troubles, foreseeing the force of it, refused to assist in their Councils of War, because they would not concur in that mans punishment, whose actions (as they conceived) were no more contingent and free, than the motion of a stone, tending to the centre of gravity. The effect of which pernicious errour, was most acutely foreseen by a great States-man of ours, for almost an age since;
that Some Fanatics in the close of the late Troubles, Foreseeing the force of it, refused to assist in their Councils of War, Because they would not concur in that men punishment, whose actions (as they conceived) were no more contingent and free, than the motion of a stone, tending to the centre of gravity. The Effect of which pernicious error, was most acutely foreseen by a great Statesman of ours, for almost an age since;
which is not always to take its measure from the fact materially considered, but in conjunction with the will, and other faculties of the soul. Intentio est quae dat praecipuam formalitatem in actibus moralibus, (say the Schoolmen; ) the intention gives the formality to the sin;
which is not always to take its measure from the fact materially considered, but in conjunction with the will, and other faculties of the soul. Intentio est Quae that praecipuam formalitatem in actibus Moralibus, (say the Schoolmen;) the intention gives the formality to the since;
and so creates that difference the Gloss observes, betwixt non parere and contemnere; of great importance with Casuists, in stating the nature and kinds of offences against Law, in foro interiori, or in the conscience: for in foro exteriori, or the publick tribunal, there the Law judges of the intention by the fact, and not of the fact by the intention.
and so creates that difference the Gloss observes, betwixt non parere and contemnere; of great importance with Casuists, in stating the nature and Kinds of offences against Law, in foro interiori, or in the conscience: for in foro exteriori, or the public tribunal, there the Law judges of the intention by the fact, and not of the fact by the intention.
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The formality of the sin we speak of, stands in the [ nolle obedire ] in the Text; enough to exact the greatest punishment, especially from such a Lawgiver, who hath absolute Soveraignty over mens lives.
The formality of the since we speak of, Stands in the [ nolle Obedire ] in the Text; enough to exact the greatest punishment, especially from such a Lawgiver, who hath absolute Sovereignty over men's lives.
And upon this ground it is, that it is injustice in them, to make Laws, that have punishments annext unto them disproportionate to the offence committed, especially in the excess; and from hence it is, that we account it but reasonable, to conjecture what is the quality of the crime, by the nature of the punishment inflicted upon offenders; the crime here is contempt, the punishment's death: gravis poena, sed ad vitandum periculum omnium gravissimum, saith the learned and experienced Grotius; a great punishment,
And upon this ground it is, that it is injustice in them, to make Laws, that have punishments annexed unto them disproportionate to the offence committed, especially in the excess; and from hence it is, that we account it but reasonable, to conjecture what is the quality of the crime, by the nature of the punishment inflicted upon offenders; the crime Here is contempt, the punishment's death: gravis poena, sed ad vitandum periculum omnium gravissimum, Says the learned and experienced Grotius; a great punishment,
but methinks there should be no Schism, (at least not properly any) where there is neither truth nor Church. But with Sedition, the younger Sister of Schism, (for Schism seems to be as old as that bloudy quarrel betwixt Cain and Abel ) the Heathen were so well acquainted, that Thucydides gives this true Character of the Monster, NONLATINALPHABET, that she it is that hath brought forth mischiefs of all shapes and sizes in the World.
but methinks there should be no Schism, (At least not properly any) where there is neither truth nor Church. But with Sedition, the younger Sister of Schism, (for Schism seems to be as old as that bloody quarrel betwixt Cain and Abel) the Heathen were so well acquainted, that Thucydides gives this true Character of the Monster,, that she it is that hath brought forth mischiefs of all shapes and sizes in the World.
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And Schism cannot but be thought so much the more Superiour to Sedition, in the production of mischiefs; by how much the more fierce all quarrels and contentions are, that spring out of different opinions in Religion:
And Schism cannot but be Thought so much the more Superior to Sedition, in the production of mischiefs; by how much the more fierce all quarrels and contentions Are, that spring out of different opinions in Religion:
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and further, dissentions of this kind have, above all others, the strongest appetite of propagation. Agressours in factions of religion, labouring to have their names and opinions serve to that same end as Zisca, when he died, appointed for his skin; who being Leader of the Taberites (a faction in Bohemia ) commanded that a Drum should be made therewith, (as Dubravius and others tell us) that something of Zisca might still be heard to sound, in the Ears of his followers, and their enemies.
and further, dissensions of this kind have, above all Others, the Strongest appetite of propagation. Agressours in factions of Religion, labouring to have their names and opinions serve to that same end as zisca, when he died, appointed for his skin; who being Leader of the Taberites (a faction in Bohemia) commanded that a Drum should be made therewith, (as Dubravius and Others tell us) that something of zisca might still be herd to found, in the Ears of his followers, and their enemies.
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I shall not burthen your patience by prosecuting the common place of Schism with infinite authorities out of the Fathers, setting forth the grievousness of this sin:
I shall not burden your patience by prosecuting the Common place of Schism with infinite authorities out of the Father's, setting forth the grievousness of this since:
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it was the due consideration hereof, that made Aquinas to affirm Schism to be the greatest of all sins against our Neighbour; and that not only respectu circumstantiarum, in respect of the many circumstances and accidents that attend it;
it was the due consideration hereof, that made Aquinas to affirm Schism to be the greatest of all Sins against our Neighbour; and that not only respectu circumstantiarum, in respect of the many Circumstances and accidents that attend it;
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it is against the spiritual good of a multitude: so that we may say of Schism, as the Women of Israel sang of David; if other sins (like Saul ) kill by thousands; Schism (like David ) kills by ten thousands at a time.
it is against the spiritual good of a multitude: so that we may say of Schism, as the Women of Israel sang of David; if other Sins (like Saul) kill by thousands; Schism (like David) kills by ten thousands At a time.
The Apostle in his Epistles calls it Heresy; and if noscitur ex sociis be a good Topick, you may judge what kind of sin it is, by the company amongst which you will find it, Gal. 5.19. Tertullian says, that word comes from a Greek Verb signifying [ to choose ] so that he makes Schismaticks and Hereticks to be such as will choose for themselves.
The Apostle in his Epistles calls it Heresy; and if noscitur ex Sociis be a good Topic, you may judge what kind of since it is, by the company among which you will find it, Gal. 5.19. Tertullian Says, that word comes from a Greek Verb signifying [ to choose ] so that he makes Schismatics and Heretics to be such as will choose for themselves.
This is that poysoned Arrow which the Romanists would fain dart into the sides of the Church of England, and therefore make the formal reason of Schism to consist in a voluntary departure from the Pope, as being Christs Vicar here on earth:
This is that poisoned Arrow which the Romanists would fain dart into the sides of the Church of England, and Therefore make the formal reason of Schism to consist in a voluntary departure from the Pope, as being Christ Vicar Here on earth:
though we will not deny him to be St. Peters successour in Rome. And as for our voluntary departure from a dependency on that Church, we have done no more,
though we will not deny him to be Saint Peter's successor in Room. And as for our voluntary departure from a dependency on that Church, we have done no more,
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wherein NONLATINALPHABET, equal privileges with Rome, were granted unto Constantinople, NONLATINALPHABET, (for so Alexius Aristinus truly abbreviates that canon ) because the seat of the Empire was transferr'd from Rome to Constantinople: how much rather do the like equal privileges belong to us, who have not only translated the seat, but the Empire too, (I mean of our selves) from that City, of whose vast Dominion this Island was sometimes a part? But I return.
wherein, equal privileges with Room, were granted unto Constantinople,, (for so Alexius Aristinus truly abbreviates that canon) Because the seat of the Empire was transferred from Room to Constantinople: how much rather do the like equal privileges belong to us, who have not only translated the seat, but the Empire too, (I mean of our selves) from that city, of whose vast Dominion this Island was sometime a part? But I return.
This is that sin which God designed this Law to prevent, as a most intolerable evil: for without a power to determine Controversies, that should arise amongst a seeking and scrupulous party, it is not in the power of man to do it.
This is that since which God designed this Law to prevent, as a most intolerable evil: for without a power to determine Controversies, that should arise among a seeking and scrupulous party, it is not in the power of man to do it.
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And being therefore that it is Gods manner, res humanas conservare modis humanae naturae congruentibus, to conserve the affairs of men, by ways & means agreeable to mans nature;
And being Therefore that it is God's manner, Rest humanas conservare modis humanae naturae congruentibus, to conserve the affairs of men, by ways & means agreeable to men nature;
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and being that others besides the State and Church of the Jews, are liable to the like distempers and confusions; we may reasonably conceive it, not unfit to be examined,
and being that Others beside the State and Church of the jews, Are liable to the like distempers and confusions; we may reasonably conceive it, not unfit to be examined,
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1. First, because the same thing was put in practise by the Apostles themselves, for prevention of the same evil, Acts. 15. for certain men which come down to Antioch from Judaea, having taught the Brethren and said,
1. First, Because the same thing was put in practice by the Apostles themselves, for prevention of the same evil, Acts. 15. for certain men which come down to Antioch from Judaea, having taught the Brothers and said,
how religiously it was observed, not only by Christians of that Age, but for more then 300 years after, Tertullian in his Apology, Origen against Celsus, Eusebius, Cyril of Jerusalem, St. Austin, and Leo will inform such as please to enquire.
how religiously it was observed, not only by Christians of that Age, but for more then 300 Years After, Tertullian in his Apology, Origen against Celsus, Eusebius, Cyril of Jerusalem, Saint Austin, and Leo will inform such as please to inquire.
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as oft as they came together, for determining questions of faith, or practise. I shall only instance in the 6. Canon of the third General Council; which pronounceth an Anathema on whomsoever should NONLATINALPHABET (which Aristinus reads by NONLATINALPHABET and Balsamon expounds by NONLATINALPHABET) should but hesitate or doubt of,
as oft as they Come together, for determining questions of faith, or practise. I shall only instance in the 6. Canon of the third General Council; which pronounceth an Anathema on whomsoever should (which Aristinus reads by and Balsamon expounds by) should but hesitate or doubt of,
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Now the Council of Ephesus we all know, met for determining a dispute about the person of Christ: for Nestorius had affirm'd and taught, that the blessed Virgin was not the Mother of God, but of Christ: from whence a duality of persons must needs be inferr'd to be in the Son of God; and by consequence, that there was not a Trinity, but a Quaternity of Persons in the Divine nature. The Council did (as they needs must) determine against Nestorius; which determination though undoubtedly true,
Now the Council of Ephesus we all know, met for determining a dispute about the person of christ: for Nestorius had affirmed and taught, that the blessed Virgae was not the Mother of God, but of christ: from whence a duality of Persons must needs be inferred to be in the Son of God; and by consequence, that there was not a Trinity, but a Quaternity of Persons in the Divine nature. The Council did (as they needs must) determine against Nestorius; which determination though undoubtedly true,
and the Council did so severely oblige all the Church to receive it, it must follow, that the Council had a full assurance of her power to define matters in controversy;
and the Council did so severely oblige all the Church to receive it, it must follow, that the Council had a full assurance of her power to define matters in controversy;
and to oblige the members of the Catholick Church not to reject her determinations, under the pain of Anathema. The argument is of such weight in the judgment of the great Cardinal, that he sticks not to conclude an Infallibility of the Church from thence.
and to oblige the members of the Catholic Church not to reject her determinations, under the pain of Anathema. The argument is of such weight in the judgement of the great Cardinal, that he sticks not to conclude an Infallibility of the Church from thence.
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I stretch it no further than to infer à majori ad minus, that, if there were a power in the Church, that under so grievous a punishment, could exact the reception of her Decrees in points of Faith; much more may the same Authority require obedience to her determinations in smaller (because practical ) things. 3. A third reason is;
I stretch it no further than to infer à majori ad minus, that, if there were a power in the Church, that under so grievous a punishment, could exact the reception of her Decrees in points of Faith; much more may the same authority require Obedience to her determinations in smaller (Because practical) things. 3. A third reason is;
because it is absolutely necessary, that all publick Societies, whether Ecclesiastical or Civil, be furnished with all necessary means to preserve themselves from those evils, which are apparently destructive of all governments: which evils are such as doe inevitably produce discord, divisions and separations amongst the members of the same community; the only Remedy whereof, is an Authority and Power in the Governours, to hear and to determine all Controversies,
Because it is absolutely necessary, that all public Societies, whither Ecclesiastical or Civil, be furnished with all necessary means to preserve themselves from those evils, which Are apparently destructive of all governments: which evils Are such as doe inevitably produce discord, divisions and separations among the members of the same community; the only Remedy whereof, is an authority and Power in the Governors, to hear and to determine all Controversies,
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It is sufficient that in materia probabili (the common subject of humane Laws) there be a moral certainty in our Superiors, of the truth or goodness of what is thus defin'd: which is enough to oblige Inferiors to obedience;
It is sufficient that in materia probabili (the Common Subject of humane Laws) there be a moral certainty in our Superiors, of the truth or Goodness of what is thus defined: which is enough to oblige Inferiors to Obedience;
] reason, modesty and humility, nothing dubiè (and that must be demonstratively ) appearing to the contrary, will (at least) admonish us, to think the judgement of the Lawgiver the best and truest. 4. A fourth Argument is;
] reason, modesty and humility, nothing dubiè (and that must be demonstratively) appearing to the contrary, will (At least) admonish us, to think the judgement of the Lawgiver the best and Truest. 4. A fourth Argument is;
because it is a thing unreasonable to affirm or imply, that Government under he Gospel should be left in a worse, and inferior condition to the state of it under the Law; St. Paul having advanc'd the ministration of the Spirit, above that of the letter; that is, the Oeconomic of things under the Gospel, above that they had under the Law;
Because it is a thing unreasonable to affirm or imply, that Government under he Gospel should be left in a Worse, and inferior condition to the state of it under the Law; Saint Paul having advanced the ministration of the Spirit, above that of the Letter; that is, the Oeconomic of things under the Gospel, above that they had under the Law;
of which things Government cannot be understood to be so inconsiderable a part, as to be excluded from having any share in that Evangelical Prelation; which yet must inevitably follow;
of which things Government cannot be understood to be so inconsiderable a part, as to be excluded from having any share in that Evangelical Prelation; which yet must inevitably follow;
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Add hereto, how ridiculous a thing it must needs appear to be, that men concern'd in Government, should frequently meet, and consult about making of Laws, for such as had arm'd themselves against all force of Authority with this Principle, viz. that they were bound to receive no Laws,
Add hereto, how ridiculous a thing it must needs appear to be, that men concerned in Government, should frequently meet, and consult about making of Laws, for such as had armed themselves against all force of authority with this Principle, viz. that they were bound to receive no Laws,
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By which means it must come to pass, that it would be the task of the Magistrate, not so much to contrive Laws that might promote Truth, Peace, Justice and Virtue amongst men,
By which means it must come to pass, that it would be the task of the Magistrate, not so much to contrive Laws that might promote Truth, Peace, justice and Virtue among men,
Sol. To this I answer first, That it is to be observed, that God doth in this Law bind the Jewes to follow, not what he himself, but what their lawful Superiors (the Priest or Judge ) should define; to whom likewise he had not promised any infallible assistance, but on the contrary, had left them to the best use of their reason, which at best may erre: and when actually it did erre, yet were the Jews bound to follow, and not to dispute, the (but) erroneous determinations of that Council that sate in Moses Chair.
Sol. To this I answer First, That it is to be observed, that God does in this Law bind the Jews to follow, not what he himself, but what their lawful Superiors (the Priest or Judge) should define; to whom likewise he had not promised any infallible assistance, but on the contrary, had left them to the best use of their reason, which At best may err: and when actually it did err, yet were the jews bound to follow, and not to dispute, the (but) erroneous determinations of that Council that sat in Moses Chair.
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And secondly, That the Law of God doth not exceed the just Law of the Church or State, in respect of the obligation, though it doth so in respect of its stability; the reason is,
And secondly, That the Law of God does not exceed the just Law of the Church or State, in respect of the obligation, though it does so in respect of its stability; the reason is,
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5. Lastly, The revival of this Law is not opposite to Scripture, nor is the Scripture an adequate rule for all such things as are to be done by us in our several places and callings; from whence it must needs follow;
5. Lastly, The revival of this Law is not opposite to Scripture, nor is the Scripture an adequate Rule for all such things as Are to be done by us in our several places and callings; from whence it must needs follow;
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for if this were not true, it must follow (as the late Reverend and Learned Bishop of Lincoln observes) that such as never had the Scriptures, never had any rule for particular actions;
for if this were not true, it must follow (as the late Reverend and Learned Bishop of Lincoln observes) that such as never had the Scriptures, never had any Rule for particular actions;
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which is not onely contrary to experience, but to that of the Apostle, Rom. 2.15. where he tells you, that the Heathens who had not that Law which God gave unto the Jews, did govern themselves in particular moral actions, by that Law which was written in their hearts.
which is not only contrary to experience, but to that of the Apostle, Rom. 2.15. where he tells you, that the heathens who had not that Law which God gave unto the jews, did govern themselves in particular moral actions, by that Law which was written in their hearts.
and therefore, as the Law of nature (by reason of its generality ) doth stand in need of a supply, which it hath from the determination thereof, by particular humane Laws; so the Scripture, by reason of its generality (though not for that reason onely) doth stand in need of a supply, from particular rules of particular actions.
and Therefore, as the Law of nature (by reason of its generality) does stand in need of a supply, which it hath from the determination thereof, by particular humane Laws; so the Scripture, by reason of its generality (though not for that reason only) does stand in need of a supply, from particular rules of particular actions.
First, The principal rule by which they are to be governed; together with the principal end unto which they are to be directed; and so the Scripture is a rule of all our moral actions, directing us to do all that we do in Charity, for edification of our Brethren,
First, The principal Rule by which they Are to be governed; together with the principal end unto which they Are to be directed; and so the Scripture is a Rule of all our moral actions, directing us to do all that we do in Charity, for edification of our Brothers,
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The second thing, is that immediate and adequate rule, whereby the action we are about to do, is to be govern'd; and this (as it is not necessary that it should,
The second thing, is that immediate and adequate Rule, whereby the actium we Are about to do, is to be governed; and this (as it is not necessary that it should,
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so) the Scripture doth not prescribe; but, as in things left unto our own choice, we govern our selves by that rule we esteem best, or good: so, as we are members of the Church or State, Reason cannot but tell us, that in particular actions, our understanding as well as our will, may stand in subordination to such as have a right and authority to govern us.
so) the Scripture does not prescribe; but, as in things left unto our own choice, we govern our selves by that Rule we esteem best, or good: so, as we Are members of the Church or State, Reason cannot but tell us, that in particular actions, our understanding as well as our will, may stand in subordination to such as have a right and Authority to govern us.
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These Reverend and Honorable Persons (my Lords the Judges ) have for performance of their duty, this rule of doing it from Scripture, Deut. 1.16. [ Hear the causes between your Brethren, and judge righteously between every man and his Brother ] this is the Principal rule of that action their Lordships are now upon;
These Reverend and Honourable Persons (my lords the Judges) have for performance of their duty, this Rule of doing it from Scripture, Deuteronomy 1.16. [ Hear the Causes between your Brothers, and judge righteously between every man and his Brother ] this is the Principal Rule of that actium their Lordship's Are now upon;
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but the form, manner, time, place, yea the very rule of judging righteously between every man and his brother, is not prescrib'd in Scripture, but by the Laws of this Land, unto which their Lordships hold themselves bound to conform, as the adequate and immediate rule of their consciences, in administring justice in this Nation.
but the from, manner, time, place, yea the very Rule of judging righteously between every man and his brother, is not prescribed in Scripture, but by the Laws of this Land, unto which their Lordship's hold themselves bound to conform, as the adequate and immediate Rule of their Consciences, in administering Justice in this nation.
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It is the command of our dear Saviour, our Lord and Master Jesus Christ, that the Sacrament of the Lords Supper be received often, in remembrance of his most pretious death and passion, and for the actual application of the benefits thereof unto the worthy Receiver;
It is the command of our dear Saviour, our Lord and Master jesus christ, that the Sacrament of the lords Supper be received often, in remembrance of his most precious death and passion, and for the actual application of the benefits thereof unto the worthy Receiver;
and that this be done with such reverence and preparation, as becomes so holy and dreadful a mystery; but the gesture, time, place, manner, and other circumstances, are not prescrib'd by Scripture,
and that this be done with such Reverence and preparation, as becomes so holy and dreadful a mystery; but the gesture, time, place, manner, and other Circumstances, Are not prescribed by Scripture,
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but left in the power of the Church to determine ( who hath the standart and rule of decency in her hands) nisi fortè tantum Sacramentum minùs deceat ordo, quàm confusio;
but left in the power of the Church to determine (who hath the Standard and Rule of decency in her hands) nisi fortè Tantum Sacramentum minùs deceat ordo, quàm Confusion;
unless that Sacrament be the onely thing that is best set out by disorder and confusion, as Bellarmine smartly (if justly) replies upon the Centuriators; and the Apostle himself hath confuted with Judgements from Heaven, 1 Cor. 11.30.
unless that Sacrament be the only thing that is best Set out by disorder and confusion, as Bellarmine smartly (if justly) replies upon the Centuriators; and the Apostle himself hath confuted with Judgments from Heaven, 1 Cor. 11.30.
Ob. But here it will be objected, That if this be granted, Christian liberty would be no more but an empty name; and thousands of good Christians must hold themselves bound to submit unto such Laws,
Ob. But Here it will be objected, That if this be granted, Christian liberty would be no more but an empty name; and thousands of good Christians must hold themselves bound to submit unto such Laws,
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Liberty is a word that the whole world (in a manner) first learnt from Luther, as that which dropt from Heaven into his arms; though many of his words and actions (applauded and imitated both then and since ) could not be warranted by his very large Commission.
Liberty is a word that the Whole world (in a manner) First learned from Luther, as that which dropped from Heaven into his arms; though many of his words and actions (applauded and imitated both then and since) could not be warranted by his very large Commission.
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I mean it not so much of his burning the Corpus Jur is Canonici in the publique Market-place, in token that he had set all the world free from Laws (which he did thereby as truly, as Xerxes bound the Hellespont, when he cast a chain therein),
I mean it not so much of his burning the Corpus Jur is Canonic in the public Market-place, in token that he had Set all the world free from Laws (which he did thereby as truly, as Xerxes bound the Hellespont, when he cast a chain therein),
but rather of his contemning and reviling the Civil Magistracy, on whom in his book de potestate seculari, he bestows this Character, sunt communiter maximè fatui, & pessimi Nebulones super terram;
but rather of his contemning and reviling the Civil Magistracy, on whom in his book de potestate seculari, he bestows this Character, sunt Communiter maximè Fatui, & pessimi Nebulones super terram;
which amongst other worse (if there could be worse) expressions, rendred him obnoxious amongst his enemies, to that sharp invective in the Diet at Worms [ Exlex homo, leges ipsas omnes damnat, &c. ] and made his friend Gesner doubt what would become of that prodigious liberty; faxit Deus, says he, ne contentione & impudentiâ oris, obsit Ecclesiae suae.
which among other Worse (if there could be Worse) expressions, rendered him obnoxious among his enemies, to that sharp invective in the Diet At Worms [ Exlex homo, leges Itself omnes damnat, etc. ] and made his friend Gesner doubt what would become of that prodigious liberty; Let it be done Deus, Says he, ne contention & impudentiâ oris, obsit Ecclesiae suae.
But as for Christian liberty, I shall say in one word, that it is best known by its contrary, and that is, by that Spirit of bondage which was in the unconverted Jews; so that Christian liberty is no more but a freedom from the burden of the Ceremonial, and the curse and rigor of the Moral Law;
But as for Christian liberty, I shall say in one word, that it is best known by its contrary, and that is, by that Spirit of bondage which was in the unconverted jews; so that Christian liberty is no more but a freedom from the burden of the Ceremonial, and the curse and rigor of the Moral Law;
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This I take to be all that can be found in the Scripture, which is the Christians Magna Charta, the great conservatress of his Liberty. Laws therefore that preserve Order and Decency, and keep men from falling into sin (the onely vassallage of a Christian) can by no means infringe, but rather advance Christian Liberty.
This I take to be all that can be found in the Scripture, which is the Christians Magna Charta, the great conservatress of his Liberty. Laws Therefore that preserve Order and Decency, and keep men from falling into since (the only vassalage of a Christian) can by no means infringe, but rather advance Christian Liberty.
As to the later part of the Objection that concerns private conscience, supposed in some to be oppressed by such Laws, to which others may as innocently as willingly submit, I answer, that it may justly cause all sober men to suspect, that there is some error and fascination in that opinion;
As to the later part of the Objection that concerns private conscience, supposed in Some to be oppressed by such Laws, to which Others may as innocently as willingly submit, I answer, that it may justly cause all Sobrium men to suspect, that there is Some error and fascination in that opinion;
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when they shall reflect upon the miserable delusions of those Miscreants amongst us, who having besmear'd themselves with the blood of their King, should dare publikely to justifie (in the very face of Death and Judgement ) so grievous a Crime, from the dictates of their private Conscience,
when they shall reflect upon the miserable delusions of those Miscreants among us, who having besmeared themselves with the blood of their King, should Dare publicly to justify (in the very face of Death and Judgement) so grievous a Crime, from the dictates of their private Conscience,
Which last blasphemous expression will not suffer me to leave you unacquainted with that remarkable Caution for all in Authority, which fell many years since, from the Divine Pen of that incomparable Hooker, Impossible (saith he) it is, that ever the wit of man should imagine, what will grow out of such errors,
Which last blasphemous expression will not suffer me to leave you unacquainted with that remarkable Caution for all in authority, which fell many Years since, from the Divine Pen of that incomparable Hooker, Impossible (Says he) it is, that ever the wit of man should imagine, what will grow out of such errors,
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This maxim must first be laid down, as an unquestionable Truth, viz. Contra omnem rectitudinem est, bonum commune ad privatum ordinare, seu totum ad partem propter ipsam referre.
This maxim must First be laid down, as an unquestionable Truth, viz. Contra omnem rectitudinem est, bonum commune ad privatum ordinare, seu totum ad partem propter ipsam refer.
That is to say, the justice of the final, efficient, formal, and material causes of Law. 1. It must be for the common good. 2. The Law-maker must have a true legislative power. 3. The matter of the Law must be good, at least indifferent. And 4. lastly, It must have the right form of Law, i. e. it must be a rule of rectitude for humane actions.
That is to say, the Justice of the final, efficient, formal, and material Causes of Law. 1. It must be for the Common good. 2. The Lawmaker must have a true legislative power. 3. The matter of the Law must be good, At least indifferent. And 4. lastly, It must have the right from of Law, i. e. it must be a Rule of rectitude for humane actions.
because such a Law is conform to right reason, as right reason is conform to the Law of Nature; and the Law of Nature to that eternal Law in the minde of the Divine Essence.
Because such a Law is conform to right reason, as right reason is conform to the Law of Nature; and the Law of Nature to that Eternal Law in the mind of the Divine Essence.
as of flesh in the Spring or Lent, that thereby (amongst other reasons) Christians might shew their temperance; which is not onely an abstinence from excess in the Quantity of all; but, in regard of the Quality of some meats,
as of Flesh in the Spring or Lent, that thereby (among other Reasons) Christians might show their temperance; which is not only an abstinence from excess in the Quantity of all; but, in regard of the Quality of Some Meats,
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This is a rule in the Law of Nature, That such as are Governors of others, use all prudent means to prevent Sedition and Schism in the Church and State. Now if Law-givers are morally assured, that this cannot be done, without defining some things under dispute amongst their Subjects, and exacting from all a submission unto that rule, which they shall prescribe by Law, and shall thereupon injoyn an uniformity of practice unto all the community, such a Law cannot be contrary to a good conscience;
This is a Rule in the Law of Nature, That such as Are Governors of Others, use all prudent means to prevent Sedition and Schism in the Church and State. Now if Lawgivers Are morally assured, that this cannot be done, without defining Some things under dispute among their Subject's, and exacting from all a submission unto that Rule, which they shall prescribe by Law, and shall thereupon enjoin an uniformity of practice unto all the community, such a Law cannot be contrary to a good conscience;
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the reason is, because the submission thereunto is an actual exercise of the Virtues of humility, obedience, charity and sobriety. So, that unless to practise even Cardinal Virtues, be contrary to a good conscience, There is no contrariety betwixt a just Law, and a good conscience.
the reason is, Because the submission thereunto is an actual exercise of the Virtues of humility, Obedience, charity and sobriety. So, that unless to practise even Cardinal Virtues, be contrary to a good conscience, There is no contrariety betwixt a just Law, and a good conscience.
The reason I conceive to be, because no man is guilty of sin, in doing of that, which God expresly commands him to do. Now it is Gods express command, that Subjects obey their lawful Governors, not onely for fear of wrath, i. e.
The reason I conceive to be, Because no man is guilty of since, in doing of that, which God expressly commands him to do. Now it is God's express command, that Subject's obey their lawful Governors, not only for Fear of wrath, i. e.
punishment, but likewise for conscience sake, i. e. that by their obedience they might avoid the guilt of sin, Rom. 13.5. which obedience of Magistrates, it is impertinent for any one to say he performs, that refuseth to obey the just Laws of such as God hath plac'd in authority over him.
punishment, but likewise for conscience sake, i. e. that by their Obedience they might avoid the guilt of since, Rom. 13.5. which Obedience of Magistrates, it is impertinent for any one to say he performs, that Refuseth to obey the just Laws of such as God hath placed in Authority over him.
The reason of this assertion is, because there is this rule in the Law [ Et si non potest infligi poena sine causâ, potest tamen sine culpâ ] there may be no fault for which a punishment may be inflicted,
The reason of this assertion is, Because there is this Rule in the Law [ Et si non potest infligi poena sine causâ, potest tamen sine culpâ ] there may be no fault for which a punishment may be inflicted,
This I acknowledge to be the judgement of some excellent Divines; but withall, it is to be observed, that they confess it holds true, only in that sort of Laws which the Canonists term [ Leges purè poenales ] Laws purely penal;
This I acknowledge to be the judgement of Some excellent Divines; but withal, it is to be observed, that they confess it holds true, only in that sort of Laws which the Canonists term [ Leges purè poenales ] Laws purely penal;
So hard indeed, that I solemnly profess, that it cannot sink into my understanding, that our merciful God ever intended, that men should be reduc'd into such horrible perplexities, as this case imports:
So hard indeed, that I solemnly profess, that it cannot sink into my understanding, that our merciful God ever intended, that men should be reduced into such horrible perplexities, as this case imports:
for nulla est necessitas delinquendi, quibus una est necessitas non delinquendi, saith Tertullian; and the case may be such, that a man may not be able to suspend his action;
for nulla est Necessity delinquendi, quibus una est Necessity non delinquendi, Says Tertullian; and the case may be such, that a man may not be able to suspend his actium;
However I shall not be peremptory and Magisterial in a point of such infinite importance (as by the erroneous doctrines and imaginative practises of men, the same is now become) veris nitimur & verisimilibus non contradicimus, as the great Historian speaks.
However I shall not be peremptory and Magisterial in a point of such infinite importance (as by the erroneous doctrines and imaginative practises of men, the same is now become) veris nitimur & verisimilibus non contradicimus, as the great Historian speaks.
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Reliance I would have only on Truth; but things so likely to be true, as that first opinion is, I shall not contradict. If obedience unto Gods command, be a good Warrant against all; methinks it should be so, against our selves; and that upon these two or three considerations, which I shall humbly offer unto all such Christians, who,
Reliance I would have only on Truth; but things so likely to be true, as that First opinion is, I shall not contradict. If Obedience unto God's command, be a good Warrant against all; methinks it should be so, against our selves; and that upon these two or three considerations, which I shall humbly offer unto all such Christians, who,
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1. First I shall desire every such Christian to consider, whether it seems not unreasonable to affirm, That there is in the soul of man a power, invested with a capacity of binding the Will, from obedience of just Laws,
1. First I shall desire every such Christian to Consider, whither it seems not unreasonable to affirm, That there is in the soul of man a power, invested with a capacity of binding the Will, from Obedience of just Laws,
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because the end of all Government is hereby wholly frustrated and taken away; which is the preservation of peace, virtue, and love in the whole community (whether of Church or State ) by an uniform obedience of the same Laws, from the obligation whereof, conscience is supposed to set all men equally free;
Because the end of all Government is hereby wholly frustrated and taken away; which is the preservation of peace, virtue, and love in the Whole community (whither of Church or State) by an uniform Obedience of the same Laws, from the obligation whereof, conscience is supposed to Set all men equally free;
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as such men shall esteem unjust (how just soever they be) but also, upon the very persons of Princes, and of all inferior Magistrates, that shall put such Laws in execution.
as such men shall esteem unjust (how just soever they be) but also, upon the very Persons of Princes, and of all inferior Magistrates, that shall put such Laws in execution.
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And what think you will become of that Prince (if means and opportunity should offer themselves) who shall be esteemed a Persecutor of his People for conscience sake?
And what think you will become of that Prince (if means and opportunity should offer themselves) who shall be esteemed a Persecutor of his People for conscience sake?
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3. Lastly, I shall leave it to the consideration of the learned, whether the opinion of Brentius, viz. That the Magistrate hath power to bind the conscience in cases that concern Religion;
3. Lastly, I shall leave it to the consideration of the learned, whither the opinion of Brent, viz. That the Magistrate hath power to bind the conscience in cases that concern Religion;
whether this opinion (I say) doth not interfere, and is of most dangerous consequence to the Peace and prosperity of Church and State; which yet is that same opinion, which hath taken (by what means I know not) too strong and deep rooting in the minds of many men, otherwise good and virtuous persons.
whither this opinion (I say) does not interfere, and is of most dangerous consequence to the Peace and Prosperity of Church and State; which yet is that same opinion, which hath taken (by what means I know not) too strong and deep rooting in the minds of many men, otherwise good and virtuous Persons.
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For conclusion of this point. Seeing therefore that 1. The Apostles themselves have defined matters in debate and controversie in the Church, for prevention of Schism; And 2. That National and General Councils have done the like,
For conclusion of this point. Seeing Therefore that 1. The Apostles themselves have defined matters in debate and controversy in the Church, for prevention of Schism; And 2. That National and General Councils have done the like,
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as conceiving themselves duly impowered and obliged thereto. 3. That it is necessary unto all Governments whatsoever, to be furnish'd with all means that may preserve them from certain ruin and destruction. 4. That things that concern humane Affairs, are not under the Gospel, in a condition inferior to that which they had under the Law. 5. That the revival of this Law is not contrary to Scripture,
as conceiving themselves duly Empowered and obliged thereto. 3. That it is necessary unto all Governments whatsoever, to be furnished with all means that may preserve them from certain ruin and destruction. 4. That things that concern humane Affairs, Are not under the Gospel, in a condition inferior to that which they had under the Law. 5. That the revival of this Law is not contrary to Scripture,
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And lastly, That liberty and conscience duly considered, receive no prejudice by this Law of defining points under debate, and thereby imposing an end unto controversies:
And lastly, That liberty and conscience duly considered, receive no prejudice by this Law of defining points under debate, and thereby imposing an end unto controversies:
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1. First, because the state of this Church and Commonwealth ought no more to want any of those means, which are necessary to her preservation, than any other Church of Commonwealth in the world;
1. First, Because the state of this Church and Commonwealth ought no more to want any of those means, which Are necessary to her preservation, than any other Church of Commonwealth in the world;
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2. Secondly, because the Crown of this Realm is an Imperial Crown; the same which Vulcatius Gallicanus calls Imperium justum; which implies, that as it is independent from any other but God alone;
2. Secondly, Because the Crown of this Realm is an Imperial Crown; the same which Vulcatius Gallicanus calls Imperium Justum; which Implies, that as it is independent from any other but God alone;
there being inherent in this Crown, not onely a temporal, but an Ecclesiastical Dominion, such as our Church affirms to have been in the Kings of Judah; and which was likewise in the Roman Emperors, as appears by that title of Pontifex Maximus derived unto them, together with the Empire; and which was retain'd by Constantine and his successors, untill Gratian 's time, who first of all devested the Imperial Crown of that title,
there being inherent in this Crown, not only a temporal, but an Ecclesiastical Dominion, such as our Church affirms to have been in the Kings of Judah; and which was likewise in the Roman Emperor's, as appears by that title of Pontifex Maximus derived unto them, together with the Empire; and which was retained by Constantine and his Successors, until Gratian is time, who First of all devested the Imperial Crown of that title,
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Let Princes think on that bloody but witty conceit of Symmachus (the Heathen Praetor of Rome ) and then consider, what it is to part with Ecclesiastical Dominion [ Si Gratianus nolit esse Pontifex Maximus, brevi erit Maximus Pontifex. ]
Let Princes think on that bloody but witty conceit of Symmachus (the Heathen Praetor of Room) and then Consider, what it is to part with Ecclesiastical Dominion [ Si Gratianus nolit esse Pontifex Maximus, brevi erit Maximus Pontifex. ]
3. My third and last reason is founded in equity; because the subjects of this Realm have not onely an interest in making those Laws whereby they are govern'd,
3. My third and last reason is founded in equity; Because the subject's of this Realm have not only an Interest in making those Laws whereby they Are governed,
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For although interpretatio Legum ordinariè Reverendos Judices Regni { que } sapientes spectat, &c. (as saith Judge Cook ) though the expounding of the Laws doth ordinarily belong to the Reverend Judges and Sages of this Realm,
For although Interpretation Legume ordinariè Reverendos Judges Regni { que } Wise spectat, etc. (as Says Judge Cook) though the expounding of the Laws does ordinarily belong to the Reverend Judges and Sages of this Realm,
that Equity will oblige them to stand to their own Act; as being done in that Great Council, wherein are both the Priest and the Judge; and from which lies no Appeal. A doctrine (surely) which now deserves a better regard,
that Equity will oblige them to stand to their own Act; as being done in that Great Council, wherein Are both the Priest and the Judge; and from which lies no Appeal. A Doctrine (surely) which now deserves a better regard,
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I shall conclude with a special direction of a few words to all, as their Places, Callings and Opinions, may be duly thought to concern them, in the design of this Discourse; which the Searcher of all hearts knows, to be the product of that sincere love, which I have unto all my Christian Brethren,
I shall conclude with a special direction of a few words to all, as their Places, Callings and Opinions, may be duly Thought to concern them, in the Design of this Discourse; which the Searcher of all hearts knows, to be the product of that sincere love, which I have unto all my Christian Brothers,
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And the words shall not be mine, but they shall be the words of the wise, which (I trust) will be as goads, and as nails fastned by the Masters of assemblies.
And the words shall not be mine, but they shall be the words of the wise, which (I trust) will be as goads, and as nails fastened by the Masters of assemblies.
I shall leave upon their thoughts that milde and pious exhortation of the judicious Hooker, in his Preface to his unanswerable Treatise of Ecclesiastical Policy.
I shall leave upon their thoughts that mild and pious exhortation of the judicious Hooker, in his Preface to his unanswerable Treatise of Ecclesiastical Policy.
rather than in such dismembered sort, to spend our few and wretched days, in a tedious prosecution of wearisom contentions, the end whereof (if they have not some speedy end) will be heavy on both sides.
rather than in such dismembered sort, to spend our few and wretched days, in a tedious prosecution of wearisome contentions, the end whereof (if they have not Some speedy end) will be heavy on both sides.
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I press you not to extremities: God forbid! Neither prudence nor Charity allow such courses; the State of this Church resembles that in St. Austin 's time;
I press you not to extremities: God forbid! Neither prudence nor Charity allow such courses; the State of this Church resembles that in Saint Austin is time;
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To you (my Lords the Judges ) I shall conclude, with an humble desire that your Lordships will be pleased to reflect upon a few words of the Oracle of the Law; I shall give you them in his own language out of that excellent Preface, to the fourth Book of his Reports. Non debet Princeps ferre suarum legum ludibrium.
To you (my lords the Judges) I shall conclude, with an humble desire that your Lordship's will be pleased to reflect upon a few words of the Oracle of the Law; I shall give you them in his own language out of that excellent Preface, to the fourth Book of his Reports. Non debet Princeps Far suarum Legume Ludibrium.
Quin & saepius docuit misera & luctuosa experientia (quod aliquando ipse etiam observavi) multos qui in id, ingenii nervos omnes intendêrunt, linguasque exacuêrunt, ut legibus hisce scandalum aut calumniam imponerent, nefarium aliquod crimen aut commisisse, aut fuisse machinatos, ideoque leges odisse,
Quin & Saepius Doctrine Miseram & luctuosa experientia (quod aliquando ipse etiam observavi) multos qui in id, Ingeny nervos omnes intendêrunt, linguasque exacuêrunt, ut legibus hisce scandalum Or calumniam imponerent, nefarium aliquod crimen Or commisisse, Or Fuisse machinatos, The reason why leges Odyssey,
And lastly (that I may knit both ends of my discourse together) I shall conclude to, and for all, in the words of Holy David, Psalm. 19. Lord keep thy servants from presumptuous sins, lest they get the Dominion over us, so shall we be undefil'd,
And lastly (that I may knit both ends of my discourse together) I shall conclude to, and for all, in the words of Holy David, Psalm. 19. Lord keep thy Servants from presumptuous Sins, lest they get the Dominion over us, so shall we be undefiled,
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Lib. 32. 1. Phoron•us Moyst Antiquior 300. an. Sic Euseb. & Aug. docent; cum tamen proecess••unt regna Assy•. Argyv. Aegypt. sed Regna legibus priore. Liv. l. 3. Just. l. 1, &c.
Lib. 32. 1. Phoron•us Moist Antiquior 300. nias. Sic Eusebius & Aug. docent; cum tamen proecess••unt regna Assy•. Argyv. Egypt. sed Regna legibus priore. Liv. l. 3. Just. l. 1, etc.
In Chron. O NONLATINALPHABET, idem Baron. ex Phil. l. 2. de Temp. De hujus libri authoritate vid. Baron. ad An. Ch. 1. p. 83. n. 20 Plant. & ad An. Chr. 32. p. 143.
In Chronicles Oh, idem Baron. ex Philip l. 2. de Temp. De hujus Libri authoritate vid. Baron. ad Nias Christ 1. p. 83. n. 20 Plant. & ad Nias Christ 32. p. 143.
Si quis arrogans pro Episcopi justitia e••ndare noluerit, Episcopu• Regi notum faciat. Rex au•ë constringat mal•facto ē, ut emendat, cui soris secerit, scil. pr•mum Episcopo, deind sibi, & sic erunt ibi duo gladii, & gladius gladium juv•b•t. H•veden. Annal. par. post. Hen. 2. p 6••. n. 50. Edit. Savil.
Si quis arrogans Pro Bishops justitia e••ndare noluerit, Episcopu• King notum Faciat. Rex au•ë constringat mal•facto ē, ut emendat, cui soris secerit, scil. pr•mum Bishop, Deind sibi, & sic erunt There duo gladii, & gladius Gladium juv•b•t. H•veden. Annal. par. post. Hen. 2. p 6••. n. 50. Edit. Savil
Quoties poenam mortis imponebat transgressoribus alicujus legis, materiam ill•us legis suisse gravem, & de se susficientem ad peccatum mortale, significat. Scot. in 4. d. 1. q 6. Sic Aug l. 2. de Bapt c 6.
How often poenam mortis imponebat transgressoribus alicujus Legis, Materiam ill•us Legis suisse Gravem, & de se susficientem ad peccatum mortale, significat. Scot. in 4. worser. 1. q 6. Sic Aug l. 2. de Bapt c 6.
Quoties per verba legis poenalis non declaratur sufficienter proprium praeceptum obligans ad actum, vel omissionem ejus, praesumendum est, esse legem purè poenalem. Suar. de Leg. l. 5. c. 4 n. 9.
How often per verba Legis Poenalis non declaratur sufficienter proprium Precept Obligans ad Acts, vel omissionem His, praesumendum est, esse legem purè poenalem. Suar de Leg. l. 5. c. 4 n. 9.
Ib in Prafat. A Prince ought not to suffer his Laws to become a laughing-stock: And woful experience hath often taught (which I my self have sometimes observed) that m•ny of those men that have strained their wits, and stretched their tongues to scandalize or caluminate these Laws, had either practised or plotted some heynous crimes; and therefore hated because they feared the just sentence and heavy stroke.
Ib in Praefat^. A Prince ought not to suffer his Laws to become a laughingstock: And woeful experience hath often taught (which I my self have sometime observed) that m•ny of those men that have strained their wits, and stretched their tongues to scandalise or caluminate these Laws, had either practised or plotted Some heinous crimes; and Therefore hated Because they feared the just sentence and heavy stroke.
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