A Judicial law may be known to be a law of common equity, if either of these two things be found in it. First, if wise men not only among the Jews, but also in other nations have by natural reason and conscience judged the same to be equal, just, and necessary: and withal, have testified this their judgement by enacting laws for their common-wealths, the same in substance with sundry of the Judicial laws given to the Jews: and the Roman• Emperors among the rest have done this most excellently, as will appear by conferring their laws with the laws of God. Secondly a Judicial hath common equity, if it serve directly to explain and confirm any of the ten precepts of the Decalogue: or, if is se• directly to maintain and uphold any of ⟨p. 19⟩the three estates of the family, the common-wealth, the Church. And whether this be so or no, it will appear, if we do but consider the matter of the law, and the reasons or considerations upon which the Lord was moved to give the fame unto the Jews. Now to make the point in hand more plain, take an example or two. It is a Judicial law of God that murderers must be put to death: now the question is whether this law for substance be the common equity of nature binding consciences of Christians or not and the answer is, that without further doubting it is so. For first of all, this law hath bin by common consent of wise lawgivers enacted in many countries and kingdoms beside the Jews. It was the law of the Egyptians and cold Grecians of Draco, of Numa, and of many of the Roman dEmperors. Secondly this law serves directly to maintain obedience to the sint commandment: and the consideration upon which the law was made is so weighty that without it a common-wealth can not stand. The murderers blood must be shed (sayeth the Lord Numb. 35. v. 33, 34.) because the whole land is defiled with blood, and remaineth un•d, till his blood be shed, Again it was a judicial law among the Jews that the adulterer & adulteress ⟨p. 20⟩should die the death; now let the question be whether this law concern other •ns as being derived from the common law of nature: and it seems to be so. For first wise men by the light of reason and natural conscience have judged this punishment equal and just.
A Iudiciall law may be knowen to be a law of common equity, if either of these two things be found in it. First, if wise men not onely among the Iewes, but also in other nations haue by naturall reason and conscience iudged the same to be equall, iust, and necessary: and withall, haue testified this their iudgement by inacting lawes for their common-wealthes, the same in substance with sundry of the Iudiciall lawes giuen to the Iewes: and the Roman• Emperours among the rest haue done this most excellently, as will appeare by conferring their lawes with the lawes of God. Secondly a Iudiciall hath common equitie, if it serue directly to explane and confirme any of the tenne precepts of the Decalogue: or, if is se• directly to maintaine and vphold any of ⟨p. 19⟩the three estates of the family, the common-wealth, the Church. And whether this be so or no, it will appeare, if we doe but consider the matter of the lawe, and the reasons or considerations vpon which the Lord was mooued to giue the fame unto the Iewes. Now to make the point in hand more plaine, take an example or two. It is a Iudiciall law of God that murderers must be put to death: now the question is whether this law for substance be the common equity of nature binding consciences of Christians or not and the answer is, that without further doubting it is so. For first of all, this law hath bin by common consent of wise lawgiuers enacted in many countries and kingdomes beside the Iewes. It was the lawe of the Egyptians and colde Grecians of Draco, of Numa, and of many of the Romane dEmperours. Secondly this lawe serues directly to maintaine obedience to the sint commandement: and the consideration upon which the law was made is so weighty that without it a common-wealth can not stand. The murderers bloode must be shedde (saieth the Lorde Numb. 35. v. 33, 34.) because the whole lande is defiled with blood, and remaineth vn•d, till his blood be shed, Againe it was a iudiciall law among the Iewes that the adulterer & adulteresse ⟨p. 20⟩should die the death; now let the question be whether this law concerne other •ns as being deriued from the common law of nature: and it seemes to be so. For first wise men by the light of reason and naturall conscience haue iudged this punishment equall and iust.
- c•ip i• H•••••.
- dT•••d of & A•••••. lib. 3. C. de Episc. […].T•••d of & A•••••. lib. 3. C. de Episc. 〈…〉.
