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The Eighteenth, No Man To Be Judge, That Has In Him Cause Of Partiality And thus also the controversie, and the condition of War remaineth, contrary to the Law of Nature. The Nineteenth, Of Witnesse These are the Lawes of Nature, dictating Peace, for a means of the conservation of men in multitudes; and which onely concern the doctrine of Civill Society.
Before I come to consider the Arguments by which hee would prove this doctrine, it will not bee amisse to lay open the Consequences of it; that Princes, and States, that have the Civill Soveraignty in their severall Common-wealths, may bethink themselves, whether it bee convenient for them, and conducing to the good of their Subjects, of whom they are to give an account at the day of Judgment, to admit the same.
From the contrariety of some of the Naturall Faculties of the Mind, one to another, as also of one Passion to another, and from their reference to Conversation, there has been an argument taken, to inferre an impossibility that any one man should be sufficiently disposed to all sorts of Civill duty.
But as the Inventions of men are woven, so also are they ravelled out; the way is the same, but the order is inverted: The web begins at the first Elements of Power, which are Wisdom, Humility, Sincerity, and other vertues of the Apostles, whom the people converted, obeyed, out of Reverence, not by Obligation: Their Consciences were free, and their Words and Actions subject to none but the Civill Power.
But Moses, and Aaron, and the succeeding High Priests were the Civill Soveraigns. Therefore hitherto, the Canonizing, or making of the Scripture Law, belonged to the Civill Soveraigne. Of The Judicial, And Leviticall Law
The antient Law of Rome was called their Civil Law, from the word Civitas, which signifies a Common-wealth; And those Countries, which having been under the Roman Empire, and governed by that Law, retaine still such part thereof as they think fit, call that part the Civill Law, to distinguish it from the rest of their own Civill Lawes.
We are to consider now, what Office those persons have, who being Civill Soveraignes, have embraced also the Christian Faith. The Civill Soveraign Being A Christian Hath The Right Of Appointing Pastors
There wants onely, for the entire knowledge of Civill duty, to know what are those Lawes of God. For without that, a man knows not, when he is commanded any thing by the Civill Power, whether it be contrary to the Law of God, or not: and so, either by too much civill obedience, offends the Divine Majesty, or through feare of offending God, transgresses the commandements of the Common-wealth.
But as men, for the atteyning of peace, and conservation of themselves thereby, have made an Artificiall Man, which we call a Common-wealth; so also have they made Artificiall Chains, called Civill Lawes, which they themselves, by mutuall covenants, have fastned at one end, to the lips of that Man, or Assembly, to whom they have given the Soveraigne Power; and at the other end to their own Ears.
For Christian Kings have their Civill Power from God immediately; and the Magistrates under him exercise their severall charges in vertue of his Commission; wherein that which they doe, is no lesse De Jure Divino Mediato, than that which the Bishops doe, in vertue of the Popes Ordination.
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