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For if the command of the Civill Soveraign bee such, as that it may be obeyed, without the forfeiture of life Eternall; not to obey it is unjust; and the precept of the Apostle takes place; "Servants obey your Masters in all things;" and, "Children obey your Parents in all things;" and the precept of our Saviour, "The Scribes and Pharisees sit in Moses Chaire, All therefore they shall say, that observe, and doe."
The Preaching Of Christ Not Contrary To The Then Law Of The Jews, Nor Of Caesar Hitherto therefore there is nothing done, or taught by Christ, that tendeth to the diminution of the Civill Right of the Jewes, or of Caesar. Seeing therefore he did nothing, but by Preaching, and Miracles go about to prove himselfe to be that Messiah, hee did therein nothing against their laws.
Therefore as from Subordination of an Art, cannot be inferred the Subjection of the Professor; so from the Subordination of a Government, cannot be inferred the Subjection of the Governor. When therefore he saith, the Civill Power is Subject to the Spirituall, his meaning is, that the Civill Soveraign, is Subject to the Spirituall Soveraign.
The Feare of the former is in every man, his own Religion: which hath place in the nature of man before Civill Society. The later hath not so; at least not place enough, to keep men to their promises; because in the condition of meer Nature, the inequality of Power is not discerned, but by the event of Battell.
By and by the Duke comes, and we with him about our usual business, and then the Committee for Tangier, where, after reading my Lord Rutherford's commission and consented to, Sir R. Ford, Sir W. Rider, and I were chosen to bring in some laws for the Civill government of it, which I am little able to do, but am glad to be joyned with them, for I shall learn something of them.
For in the differences of private men, to declare, what is Equity, what is Justice, and what is morall Vertue, and to make them binding, there is need of the Ordinances of Soveraign Power, and Punishments to be ordained for such as shall break them; which Ordinances are therefore part of the Civill Law. The Law of Nature therefore is a part of the Civill Law in all Common-wealths of the world.
For though God be the Soveraign of all the world, we are not bound to take for his Law, whatsoever is propounded by every man in his name; nor any thing contrary to the Civill Law, which God hath expressely commanded us to obey.
All therefore that can be done between two men not subject to Civill Power, is to put one another to swear by the God he feareth: Which Swearing or OATH, is a Forme Of Speech, Added To A Promise; By Which He That Promiseth, Signifieth, That Unlesse He Performe, He Renounceth The Mercy Of His God, Or Calleth To Him For Vengeance On Himselfe.
The maintenance of Civill Society, depending on Justice; and Justice on the power of Life and Death, and other lesse Rewards and Punishments, residing in them that have the Soveraignty of the Common-wealth; It is impossible a Common-wealth should stand, where any other than the Soveraign, hath a power of giving greater rewards than Life; and of inflicting greater punishments than Death.
Therefore this place maketh most strongly for the joining of the Ecclesiasticall Supremacy to the Civill Soveraignty, contrary to that which Cardinall Bellarmine alledgeth it for. The fift place is Acts 15.28.
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