Thomas Blake makes a point in Latin with an illustration from Roman Law, and I am not educated enough to understand

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Sam Jer

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Can people here who have a better understanding of Latin, Roman Law, and Covenant Theology than me explain what Blake is saying here?

It is said,* 1.18 The principal thing intended is, that the Moral Law is not the only Rule, what shall be the condition of Life or Death, and therefore not the only Rule according to which we must now be denomi∣nated, and hereafter sentenced, Just or Vnjust. To this I have already given a sufficient answer, and if I had not, our Authour answers fully for me, where he says, The precepts of the Covenant, as meer precepts, must be distinguished from the same precepts considered as conditions, upon performance of which we must live, or die for non-per∣formance? And I speak of them as meer precepts, and so they are our Rule of righteousness, & not as they are conditions either of the covenant of works or grace. And a man may be denominated righ∣teous, by the Laws Rule, when he cannot stand before the sentence of it as a covenant, of which we have heard sufficient. After a long discourse against all possibility of justification by the Law of works, as though I were therein an adversary; or that the Anti∣nomian fancy were above all answer; that a man cannot make the Law his Rule, but he makes it withal his Justification, he goes about to prevent an objection, and says, If you should say, this is the cove∣nant and not the Law, he will reply. 1. Then the Law is not the on∣ly Rule. To which I say, When my work is to make it good, that the Law is our only Rule, I marvel that he will so much as imagine, that I will say that which makes it not the only Rule. But perhaps, he thinks I do not see, how it cannot follow, as in∣deed I do not, neither can I see any colour for it. 2. He replies, It

is the same thing in several respects, that we call a Law and a Covenant (except you mean it of our covenant-act to God, of which we speak not) who knows not that praemiare, and punire are Acts of a Law? And that an Act of Oblivion or general pardon on certaine termes is a Law, and that the promise is the principal part of the Law of Grace. To which I say, that praemiare and punire are essential in a Law. Some have power of command, so that their words in just things is to be a Law, where most deny any power of punish∣ment; as an Husband over the Wife. Some parents have Autho∣rity to command children, (children remaining under the obliga∣tion of the fifth commandment as long as the relation of a childe continueth) when they have neither power to reward or punish. Jacob took himself to be in power, to command Joseph (among the rest of his Sons, as appears in the charge concerning his burial, Gen. 47. 29, 30. and chap. 49. 29. So compared) and yet he was not in power either to reward or punish him. And though they be acts of a law where he that gives the Law is in power; Yet they are no parts of a Rule, nor any directory of life to him to whom they are proposed. I know that an Act of Oblivion or general par∣don may be called a Law, as many other things are, catachresticè and abusivè; but that it should be a Law properly so called, I know not. The Romanes defined a Law, whilest that a Democratie was in force among them, to be Generale jussum populi, aut plebis rogante magistratu. Afterwards when the State was changed, and the Legislative power was in other hands, they defined it to be, Jussum Regis aut Imperatoris. And Tully's definition of a Law is, that it is, Ratio summa insita in natura, quae recta suadet, pro∣hibetque contraria. Here jussio, suasio, and prohibitio are express'd, which are not found in Acts of Oblivion. That every man, who is within the verge of such an Act, may be said to be acquit by Law, I willingly grant; seeing that act takes off the force of the Law condemning him: But that it is a Law, strictly so taken, I know not.

The full chapter is here


Please don't make this an argument about buying published options, that subject has been discussed quite much already. And if you think something is lacking in the older threads, please just open a new one (after the Lord's Day)
 
Can people here who have a better understanding of Latin, Roman Law, and Covenant Theology than me explain what Blake is saying here?



The full chapter is here


Please don't make this an argument about buying published options, that subject has been discussed quite much already. And if you think something is lacking in the older threads, please just open a new one (after the Lord's Day)
He is saying that an act of pardon isn't a law, because a law commands or forbids.
 
"catachresticè and abusive" means that a term is being used in an improper, overextended way, and not in its proper, exact sense.

"Generale jussum populi, aut plebis rogante magistratu" = "the general command of the peoples at the magistrates' plea." The idea being that the judge or official petitions the people for a law or decision, which the people then offers.

"Jussum Regis aut Imperatoris" = the king's or emperor's command.

" Ratio summa insita in natura, quae recta suadet, pro∣hibetque contraria" = "supreme reason, inherent in nature, which commends what is right, and forbids the contrary"
 
The statement from the Institutes is, "A general command of the people or of the plebs at the request of the magistrate." This obtained while there was more of a democratic order. When the State was changed, it was "the command of the King or Emperor." Tully's definition is, "The highest reason innate in nature, which encourages the right, and prohibits the contrary."

The words praemiare and punire, as he is using them, mean to reward and to punish.

From what I can tell from context, Baxter argued the imperfection of the law and the need for further commandments to be added under the Gospel. Blake argued for the position that we find in Reformed expositions of the ten commandments that these commandments are reducible to the commandments of the moral law. Faith comes under the first commandment, baptism under the second.

In the case of pardon, Blake is against bringing in a new law. He would have it to be part of the covenant, not the law. Baxter argues it is a law because a law rewards or punishes. Blake says rewarding and punishing are not essential parts of the law, and are not part of the rule of law. He appeals to Roman definitions to substantiate it.

As a sidenote, this is the standard position of most Reformed divines. I touched on it in my CPJ article on the judicial law. Theonomists argue like Baxter that the law must have sanctions to be law.
 
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