And such a jus as this ariseth "ex contractibus innominatis:" for as "jus ex innominato contractu oritur, quura ex parte debentis, implere id quod convenerat, impletum est," Ludovic. Roman. Consul. Ixxxvi. p. 23 ; so " ex contractu inno- minato, non transeunt actiones sine mandate," as Bartholus tells us : for though the covenant between Father and Son, whence this right ariseth, be not in itself of the nature of a " contractus innominatus, do ut des," yet to them it is of that import. Hence the Socinians, who are skilled in the law, though they wholly suspend the actual obtaining of remission of sins upon the fulfilling of the condi- tions required, do yet grant that a plenary jus or right of obtaining forgiveness of sins was given to all in the death of Christ : " Jam vero quidnam mediator foederis^ ab una paciscentium parte legatus, et ipsius sponsor constitutus, ac quod- dam veluti testamentum ejus nomine constituens, qua talis est, aliud prajstat, quam ut jus alteri parti, etjus quidem plenum largiatur, ad fcederis hujus, aut testamenti promissa consequenda: obstringit nimu-um atque obligat promissorem qui ipsum obligaverat ad servanda foederum promissa, eaque rata prorsus ha-^ benda," Crell. de Caus. Mort. Christi, p. 9. So, in the common speech of the ancients, Budaeus tells us that " bonum jus dicere" is as much as that which is now vulgarly expressed, " requesta tua rationabilis est." If there be an equity in the thing, there is a jus belonging to the person. Any thing that made it equitable that a man should be regarded, they called his jus ; whence is his complaint in Plautus, finding himself every way unworthy : " Sine modo et mo- destia sum, sine bono jure atque honore:" Bachid. and Paulus, in lib. iii. ff. de servitut. urb. prsed., "Nejus sit vicino invitis nobis altius aedificare." It were very facile, both from lawyers and most approved authors, to multiply instances of this large acceptation of the word jus, or right. And whether the gi-ant of the Father and purchase of the Mediator, before mentioned, be not sufficient to constitute or denominate such a jus or right in them for whom and whose profit and benefit the grant is made, I question not. Again, consider that of Paulus, lib. xi. ad Edict. D.D. de verb, signif. tit. 16: "Princeps bona con- cedendo, videtur etiam obligationem concedere ;" which adds a propriety to the "jus," as was showed before. Yet that it should be presently actionable doth not follow: "Actio est jus persequendi in judicio, quod sibi debetur," Institut. lib. iv. de action. Every "jus ad rem" is not "jus persequendi in judicio;" whence is the gloss of Aldobrandinus on that place : " Nee facias magnam vim ibi; quia cum multas habeat significationes hsec dictio jus, ut fiP. de inst. etjus 1: p. et, si, hoc est unum de significatis ejus, ut dicatur jus agendi vel per- sequendi." Besides, it must be quod sibi debetur, that is, actionable, the obliga- tion whence that debituni arises being, as the lawyers speak, mater actionis. But yet even " debere " itself is of so large and various signification in the law, both in respect to things and persons, as will not admit of any determinate sense unless otherwise restrained, ff. de verb, signif. b. pecuniaB, sect. 8, si. Yea, and on the other side, sometimes a plea may lie where there is no debitum : *' Quandoque ago etiam ad id quod mihi non debetur; R. de pact. 1, si pacto quo pcenam ; nam ibi non ago ad id quod est debitum, sed ad id quod ex nudo pacto convenit: " that Mr B. may know what to do with his schemes of actions, produced on the account of my assertions.
This for the word and my use of it. I hope, in the things of God, about words 1 shall not much contend. I had rather, indeed, insist on the propriety of words in the originals, their use in the law and amongst men, so all be regulated by the
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analogy of faith, than square the things of God to the terms and rules of art and philosophy ; to which, without doubt, they will not answer. Let any man living express any doctrine of the gospel whatever in the exactest munner, with artificial, philosophical terms, and I will undertake to show that in many things the truth is wrested and fettered thereby, and will not bear an exact correspondence with them ; yet hence are many of our learned strifes, which as they have little of learning in them, so for my part I value them not at a nut-shell, properly so called.
This being premised, his answers to ray arguments may very briefly be con- sidered.
My first argument is, It is justum that they should have the fruits of the death of Christ bestowed on them, therefore they have ^ms unto them; for "jus est quod justum est."
1. Mr B. denies the consequence, and says though it be justum, yet they may not be subjects of this jus. To this I have answered by showing what is jus in general, and what is their jus, and whei'e fixed.
2. He questions the antecedent; for the confirmation whereof, and its vindica- tion from his exceptions, I refer the reader to what I had written of the covenant between the Father and the Son some good while before I saw Mr B.'s animad- versions, or [knew] that they were public.