And First the Laws of Men are necessary to enforce the Laws of God.
Secondly to determine, and secure every man's Property. And
Thirdly to encourage, or discourage, what my be advantagious, or disadvantagious, to the particular circumstances of any people.
First the Laws of men are necessary to enforce the Laws of God. Indeed when we consider the Authority of the Almighty and All-wise Lawgiver, whose Laws are the Result of infinite Wisdom, and guarded about that with infinite Power, we may well cry out what is man, that he should be more regarded than the Soveraign Lord of Heaven and Earth, or be obey'd and fear'd where God is not? Or if we consider the present and future rewards, or punishments, attending, or following our obedience, or disobedience to the Laws of God, especially those poweerful Sanctions, eternal Life and eternal Death, one might well think nothing shold be able to add to their force, nothing need be added to their force, to make men stand in awe and not sin. Eternal Life which is the Gift of God thro' Jesus Christ our Lord, is in its self the most desirable blessing, because most commensurate to the capacitys of our nature, and to every good Christian's desire, who has hopes full of Immortality: and Eternal Death, in the Gospel sense of it (which is a life in eternal misery) is justly to be esteem'd the King of Terrors: yet still, forasmuch as wicked men chuse to walk by sight, and not by Faith, and present and sensible things are the chief subject of their thoughts, their desires, their fears, and their hopes; forasmuch as Sinners in general (like what we read of the two Elders in the History of Susanna) pervert their own minds and turn away their eyes, that they may not look unto Heaven, nor remember just just Judgments; it is very fit that their eyes should be awaken'd on this side Hell by the fear of men, and that bodily pain and present suffering should keep them in awe, who have hardn'd their hearts against what is Spiritual and Eternal.
And this makes Human Laws necessary, which oblige those to be subject for wrath, that will not be so for conscience sake, and on that account the Magistrate beareth not the sword in vain, for he is the Minister of [Rom.13.4] of God, a Revenger to execute wrath upon him that doth evil.
Thus it is in the power of the Magistrate, and therefore it is his great duty to support the Laws of God and to enliven them with fresh vigour, to be the Guardian of his Honour, to maintain and encourage Religion, and to punish the breaches of those Laws, which relate more immediately to God himself, as well as those that concern our selves, or our dealings with one other; the great end and design of Human Government being this, [I Tim.2.2] that we may lead quiet and peaceable lives in all Godlyness and Honesty.
Secondly the Laws of Men are necessary and useful to secure every man's Property. The Natural and Moral Laws of Justice and Equity oblige us to give to every man his due: but Human Laws do not leave men thus at large, but particularly specify in many Instances what shall be accounted so, what one may demand and another shall perform. Private Rights would often be very precarious, where they not setled by Public Authority, and partiality would too much prevail, were men left altogether to judge for themselves.
The Foundationn of Property I conceive to be, a mutual agreement among associated bodies of Men, determining what each man may fairly call, and enjoy as his own: for were Houses and Lands and Goods and Chattels laid open without any Politick Inclosure, we should in many cases not know what was our Right, much less be able to preserve it: But when the Law has determined what each manb may call his own, and guards him against those that would make Incroachments upon him, in this case every Individual is the more easie andsafe in his Possessions; and thereby encourag'd to labour, whilst he sees that his Labour is not likely to be in vain: by this means he does not fear, that what he sows another shall reap, or that whilst he planteth a Vineyard another shall eat the fruit thereof, but under the Protection of the Law he quietly enjoys the benefit of all his Labour, which he taketh under the Sun.
How endless would by the contentions if there were no puyblic rules to fix and guard private Property, and no Human Laws to restrain the Ambition of some, and Coveteousness of others, and in general to curb those Passions, that are for engrossing more than they ought to themselves? I may safely say, if there was no Property, there would be very little Honesty, less Industry, and no comfortable Society in the World.
Thirdly the Laws of Men are necessary and usefull to encourage, or discourage what may be advantagious, or disadvantagious to the particular circumstances of any People. Human Laws direct the management of the several capacitys and powers of particular persons to the support and welfare of the whole Society govern'd by them.
'Tis true, Diligence and Industry in general, are strictly bound upon us by the Laws of Good, but in what way, or manner, in what particular trades, or Callings, this Diligence and Industry is to be us'd, and under what restrictions, limitations, or encouragements, is matter for the determination of the Laws of Men: Thus for instance, they prescribe what Manufactures to improve at home, what commerce to establish abroad; how to manage to the bset the Product of our own Land, and how to obtain from other Nations what is wanting in our own, and by a well regulated traffick to communicate blessings with almost every Nation under Heaven.
If there were no Human Laws to the contrary, Idleness and Fraud would much more abound amongst us; but these are a spur to industry and a check to fraudulent dealing, whilst they are made use of as they ought, [1 Pet.2.14.] for the Punishment of evil doers, and for the Praise of them that do well. Nay tho' that great Duty of Charity is taught us by meer Instinct, and mercy and pity to the poor and miserable are strongly pleaded for by the Voice of Nature, as well as of Grace; yet if the Laws of Men did not oblige some to take care of their Poor, I fear they would be deaf to the foundings of their own Bowels; and tho' precept be upon precept and line upon line, nay tho' they themselves subsist upon Mercy, would yet of themselves be backward to shew Mercy.
Since then Human Laws may be said to apply the general Laws of God to the particular exigencies and circumstances of any Society, obliging every Member in it to act in his particular Station with that Diligence, Honesty and Charity, as becomes a sociable Creature; therefore also it may be said of these Laws, thus qualified, that they are very Good. And from this general view of the usefullness of Human Laws, it may not be improper before this Auditory, at this time particularly to descend.
Thirdly to the Consideration of the Goodness of our own, or the excellency of that Constitution and National Establishment under which we live. And