CHAP. XCIV.
THeir fifth Head is concerning the Magistrates power in making of Lawes.
First, they have power to publish and apply such Civill Lawes in a State as either are exprest in the Word of God in Moses Ju∣dicialls (to wit, so far as they are of generall and morall equity, and so binding all Nations in all Ages) to bee deducted by way of generall consequence and proportion from the word of God.
For in a free State no Magistrate hath power over the bodies, goods, lands, liberties of a free people, but by their free consents. And because free men are not free Lords of their owne estates, but are onely stewards under God, therefore they may not give their free consents to any Magistrate to dispose of their bodies, goods, lands, liberties at large as themselves please, but as God (the soveraigne Lord of all) alone. And because the Word is a perfect rule as wel of righteousnes as of holines, it will be therefore neces∣sary that neither the people give consent, nor that the Magistrate take power to dispose of the bodies, goods, lands, liberties of the people, but according to the Lawes and Rules of the Word of God.
Secondly, in making Lawes about civill and indifferent things about the Commonweale.
First, he hath no power given him of God to make what laws he please, either in restraining from, or constraining to the use of indifferent things, because that which is indifferent in its nature, ma•• sometimes bee inexpedient in its use, and consequently un∣lawfull, 1 Cor. 2. 5. it having been long since defended upon good ground, Quicquid non expeait, quatenus non expedit, non licet.